This paper develops a retributivist argument for leniency in punishment. It argues that even retributivists who defend desert-based punishment have a reason, internal to their view, to prefer more lenient over more severe punishments when there are doubts concerning how much punishment an offender deserves. This is because retributivists should take an asymmetrical view to underpunishment and overpunishment, and because the likelihood of overpunishment goes up with the severity of punishment. The radicalness of the ensuing leniency depends on the strength (...) of the asymmetry in value between underpunishment and overpunishment. (shrink)

According to the Beneficiary Pays Principle, innocent beneficiaries of an injustice stand in a special moral relationship with the victims of the same injustice. Critics have argued that it is normatively irrelevant that a beneficiary and a victim are connected in virtue of the same unjust 'source'. The aim of this paper is to defend the Beneficiary Pays Principle against this criticism. Locating the principle against the backdrop of corrective justice, it argues that the principle is correct in saying that (...) innocent beneficiaries of an injustice may have an extra reason to assist the victims of that injustice. This is because it may be necessary to defeat the immoral plan of the perpetrator of the injustice and because it may satisfy weak restitution. The conclusion is that the principle is distinctive from related views, such as that property should be returned to its rightful owner or that tainted benefits should be given up for general use. (shrink)

Injustice can undermine the standing states have to blame criminal offenders, and this raises a difficulty for a range of punishment theories that depend on a state's moral authority. When a state lacks the moral authority that flows from political legitimacy, its right to punish criminal lawbreakers cannot depend on a systematic claim about the legitimacy of the law. Instead, an unjust state is permitted to punish only criminal acts whose wrongness is established directly by morality, and only when criminal (...) guilt is established through legal procedures that meet minimal standards of fairness. These restrictions narrow the proper scope of criminal law and invalidate popular rationales for punishment that construe punishment as blame. (shrink)

Several critics have argued that private prisons are not only problematic because of their worse effects but also intrinsically wrong. This article analyzes two prominent arguments for this claim: the representation argument and the condemnation argument. The conclusion is that these arguments fail to show that there is something intrinsically wrong about private prisons. This is especially true if the arguments are extended to non-profit private prisons under social injustice contexts that states are responsible for. In such cases, non-profit private (...) prisons might not only be on a par with public prisons but be preferable to them. However, the arguments are also insufficient to oppose every conceivable for-profit private prison. (shrink)

Many climate ethicists maintain that climate policy costs should be borne by those who historically emitted the most greenhouse gases. Some theorists have recently argued, however, that actors only became liable for emitting once the emissions breached legitimate legal regulation governing emissions. This paper challenges this view. Focusing on the climate responsibility of states, it argues that even if we assume that legitimate legal regulation is needed to remove excusable ignorance of entitlements to emit or is constitutive of such entitlements, (...) it does not follow that states should be exonerated from responsibility for all pre-legal emitting. This is because the pre-legal emissions may have violated moral duties not to behave recklessly and to promote the emergence of the relevant regulation. The paper closes by noting how grounding liability for emitting in such duties complicates the link between past emissions and liability. (shrink)

In this paper, I defend fairness-based retributivism against two important objections, the no-benefit objection and the social injustice objection. I argue that the theory can defeat the no-benefit objection by developing an account of how crimes can be sources of unfairness by inflicting losses on people, and that it can blunt the social injustice objection by toning down the theory’s distributive aspirations. I conclude that fairness-based retributivism, contrary to received wisdom, merits further attention from legal and political philosophers.

The choice of greenhouse gas emissions accounting method is important because it affects the way climate burdens are allocated between states. This paper investigates the significance of state jurisdiction for this choice. It assesses three arguments from jurisdiction against consumption-based emissions accounting: the fairness argument from retrospective responsibility; the fairness argument from prospective responsibility; and the effectiveness argument. It argues that former two arguments fail since attributing emissions to importing states neither unfairly blames these states nor asks too much of (...) them. However, the effectiveness argument provides a strong potential reason against consumption-based emissions accounting. To the extent jurisdictional control is needed to reduce some emissions, and production-based accounting incentivizes states to reduce these emissions, there is a reason of environmental effectiveness for sticking with production-based accounting. (shrink)

Many argue that our reasons to value choice do not depend on our having libertarian free will.The paper argues against this view. One reason to value choice is that it is constitutive of a life of self-determination. If choices are determined, however, they can be predicted and brought about by others; and if choices are randomly indeterministic, they can be mimicked. In either case, the importance of choice to self-determination is challenged. Thus, it is only as long as our choices (...) are free in a libertarian manner that the importance of choice as a means to self-determination makes full sense. (shrink)

Do private individuals have a moral obligation to reduce their greenhouse gas emissions? In his rich and timely paper, Christian Baatz answers this question in the affirmative. People who emit over...

The aim of the paper is to investigate how retributivists should respond to the apparent tension between moral desert and proportionality in punishment. I argue that rather than attempting to show that the term ‘proportionate punishment’ refers to whatever penal treatment the offender morally deserves, retributivists should maintain two things: first, that a punishment is proportionate when it is commensurate to the seriousness of the crime; second, that offenders morally deserve proportionate punishments. This view requires adopting a local theory of (...) desert as opposed to a holistic one. In the second part of the paper, I argue that there are indeed good reasons to adopt a local theory of desert. Once retributivism is seen through the lens of local desert, there is no obvious mistake in saying that offenders morally deserve punishments that are proportionate to the seriousness of their crimes. (shrink)

This article investigates the relationship between distributive injustice and political obligation within the confines of the fair-play theory of political obligation. More specifically, it asks how the distribution of benefits and burdens of a cooperative scheme affects people’s fair-play obligations to that scheme. It argues that neither a sufficiency-based nor a proportionality-based approach is capable of answering that question singlehandedly. However, the two approaches can be combined in a plausible way. Noting that some of the duties that go into our (...) fair-play obligations are ‘gradual’ and others are ‘non-gradual’, the article argues that the sufficiency-based approach explains non-gradual duties such as the duty to obey the law, and that the proportionality-based approach explains gradual duties like political participation and civic responsibility. Thus, the article contends that the fair-play theory should be extended beyond the question of legal compliance and be applied to the duties of good citizenship more generally. (shrink)

Retributivism may seem wholly uninterested in the fit between penal policy and public opinion, but on one rendition of the theory, here called ‘popular retributivism,’ deserved punishments are constituted by the penal conventions of the community. This paper makes two claims against this view. First, the intuitive appeal of popular retributivism is undermined once we distinguish between context sensitivity and convention sensitivity about desert. Retributivism in general can freely accept context sensitivity without being committed to the stronger notion of convention (...) sensitivity. Second, it is not obviously a merit of popular retributivism that it admits a gradual lowering of punishments by softening public opinion. Retributivists have reason to be skeptical of softening public opinion if it comes at the price of undermining the extent to which offenders are thought to deserve censure. In sum, in this paper, I argue that there are ways of making retributivism sensitive to public opinion without arriving at the conclusion that popular penal conventions should govern retributive justice itself. (shrink)

ABSTRACTSome suggest that the duty of humanitarian intervention should be discharged by states that are historically responsible for the occurrence of violence. A fundamental problem with this suggestion is that historically responsible states might be ill-suited to intervene because they are unlikely to enjoy support from the local population. Cécile Fabre has suggested a way around that problem, arguing that responsible states ought to pay for humanitarian interventions even though they ought not to take part in the military operations. We (...) claim that Fabre’s idea is subject to two concerns. First, the duty to perform might not be appropriately transferrable from the historically responsible state to another state because it would allow the primary duty bearer to escape the worst costs of intervention. Second, an intervention might be as unlikely to generate local support when a historically responsible state pays for an intervention as when it performs it. These problems are enough to cast doubt on Fabr... (shrink)

The fact that human fallibility virtually ensures that punishment will sometimes befall the innocent presents a theoretical puzzle to all forms of retributivism. Retributivists usually say that desert is a necessary condition for justified punishment. It remains unclear, following this view, how retributivists can support punishment in (imperfect) practice. The paper investigates a number of possible replies available to the retributivist. It concludes that one reply in particular can overcome the problem posed by fallibility, but it is not obvious that (...) this reply is convincing. (shrink)

The perennial fear associated with the free will problem is the prospect of hard determinism being true. Unlike prevalent attempts to reject hard determinism by defending compatibilist analyses of freedom and responsibility, this article outlines a pragmatic argument to the effect that we are justified in betting that determinism is false even though we may retain the idea that free will and determinism are incompatible. The basic argument is that as long as we accept that libertarian free will is worth (...) wanting, there is a defensible rationale, given the uncertainty which remains as to whether determinism is true or false, to refrain from acting on hard determinism, and thus to bet that libertarian free will exists. The article closes by discussing two potentially decisive objections to this pragmatic argument. (shrink)

This article investigates the relationship between distributive injustice and political obligation within the confines of the fair-play theory of political obligation. More specifically, it asks ho...

The turn from deterministic to probabilistic explanations has been used to argue that social science does not explain human action in ways that are incompatible with free will, since, according to some accounts of probabilism, causal factors merely influence actions without determining them. I argue that the notion of nondetermining causal influence is a multifaceted and problematic idea, which notably is unclear about whether the probability is objective or subjective, whether it applies to individual occurrences or merely to sets of (...) occurrences, and whether it is possible for an occurrence to be "almost determined.". (shrink)

Agents sometimes innocently benefit from the wrongdoing perpetrated by others. It has been asserted that when this happens the beneficiary acquires a defeasible duty to disgorge these benefits until the beneficiary’s gain is extinguished or the victim’s loss has been reversed. At the same time, critics have denied the existence of duties of disgorgement. In this paper, we contribute to this debate by proposing a novel account of the underlying justification, or rationale, for disgorgement duties grounded in the value of (...) corrective justice. An agent benefiting from injustice has a duty to disgorge, on this account, because fulfilling this duty helps correct injustice by making it as though the transaction that wrongfully enriched them had never happened. We go on to address five objections to this account of disgorgement duties and argue that the corrective justice account can withstand these objections. (shrink)

Some argue that libertarianism represents the riskier incompatibilist view when it comes to the free will problem. An ethically cautious incompatibilist should bet that we are not free in the sense required for moral responsibility, these theorists claim, as doing so means that we no longer run the risk of holding the morally innocent responsible. In this paper, I show that the same reasoning also advises us to bet against compatibilism. Supposing that we are unsure about whether or not the (...) causal order of the world is compatible with the kind of freedom that is required for moral responsibility, an ethically cautious approach would once again bet that hard incompatibilism is true. (shrink)

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)

Fair play theories of punishment locate the permissibility or desirability of legal punishment in its ability to restore relations of fairness between lawbreakers and other members of society. This chapter discusses the chief objection leveled against such views, which is that many crimes do not yield any benefit for the offender and thus do not create unfair advantages of the sort punishment is supposedly to correct. Duus-Otterström argues that, while this objection squarely hits traditional versions of the fair play theory (...) that emphasize benefits deriving from committing crime, it is less persuasive against versions that emphasize losses inflicted by crime or the offender’s lack of entitlement to the benefits of the legal order. (shrink)

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)