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Stephen Kershnar
Fredonia State University
  1.  47
    For Ownership Theory: A Response to Nicholas Dixon.Stephen Kershnar - 2018 - Sport, Ethics and Philosophy 12 (2):226-235.
    In an earlier paper, Stephen Kershnar argued for the following thesis: An instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. One person trash-talks a second if and only if the first intentionally insults the second during competition. The above theory sounds implausible. Surely, the conditions under which a player may insult another do not depend on what the owners arbitrarily decide. Such an approach doesn’t appear to be true in (...)
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  2.  72
    Rights and Consent in Mixed Martial Arts.Stephen Kershnar & Robert Kelly - 2019 - Journal of the Philosophy of Sport 47 (1):105-120.
    MMA fighting in a competition is not necessarily wrong and is often, as far as we can tell, permissible. Our argument has two premises. First, if an act does not infringe on anyone’s moral right or violate another side-constraint, then it is morally permissible. Second, MMA-violence does not infringe on anyone’s moral right or violate another side-constraint. The first premise rested on two assumptions. First, if a person does a wrong act, then he wrongs someone. Second, if one person wrongs (...)
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  3.  52
    Total Collapse: The Case Against Responsibility and Morality.Stephen Kershnar - 2018 - Springer Verlag.
    Moral responsibility and morality lie at the heart of how we view the world. In our daily life, we feel responsibility-related emotions: gratitude, pride, love, forgiveness, resentment, indignation, and shame. We love those who freely and reciprocally love us. Also, we feel that people act rightly or wrongly, make the world better or worse, and are virtuous or vicious. These policies are central to our justifying how we see the world and treat others. In this book, I argue that our (...)
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  4.  55
    The Moral Rules of Trash Talking: Morality and Ownership.Stephen Kershnar - 2015 - Sport, Ethics and Philosophy 9 (3):303-323.
    This paper argues that an instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. The argument for this position rests on the notion that if there is no relevant side-constraint on trash-talking, then if the player commits to a moral boundary on trash-talking then that is the moral boundary on trash-talking. I then argued that there is no relevant side-constraint on trash-talking and that the players commit to the ownership theory (...)
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  5. A Defense of Retributivism.Stephen Kershnar - 2000 - International Journal of Applied Philosophy 14 (1):97-117.
    The moral theory justifying punishment will shape the debate over numerous controversial issues such as the moral permissibility of the death penalty, probation, parole, and plea bargaining, as well as issues about conditions in prison and access to educational opportunities in prison. In this essay I argue that the primary goal of the criminal justice system is to inflict suffering on, and only on, those who deserve it. If I am correct, the answer to issues involving the criminal justice system (...)
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  6. A Liberal Argument for Slavery.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (4):510–536.
    The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s consent (...)
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  7.  83
    Explaining the Geometry of Desert.Neil Feit & Stephen Kershnar - 2004 - Public Affairs Quarterly 18:273.
    In the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...)
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  8. Pedophilia and Adult–Child Sex: A Philosophical Analysis.Stephen Kershnar - 2015 - Lexington Books.
    This book provides a philosophical analysis of adult-child sex and pedophilia. The sex intuitively strikes many people, including myself, as sick, disgusting, and wrong. The problem is that it is not clear whether these judgments are justified and whether they are aesthetic or moral. By analogy, many people find it disgusting to view images of obese people having sex, but it is hard to see what is morally undesirable about such sex. Here the judgment is aesthetic. This book looks at (...)
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  9.  25
    Explaining the Geometry of Desert.Neil Feit & Stephen Kershnar - 2004 - Public Affairs Quarterly 18 (4):273-298.
    In the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...)
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  10. A Liberal Argument for Slavery.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (4):510-536.
    The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s consent (...)
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  11. The Inheritance-Based Claim to Reparations.Stephen Kershnar - 2002 - Legal Theory 8 (2):243-267.
    Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...)
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  12.  35
    Giving Capitalists Their Due.Stephen Kershnar - 2005 - Economics and Philosophy 21 (1):65-87.
    In general, capitalists deserve profits and losses for their contribution to the general welfare. Market imperfections and the range of permissible prices (at least within the boundaries of exploitation) prevent the alignment from being a direct one, but the connection generally holds. In the context of the market, this thesis preserves the central place of moral responsibility in moral desert. It also satisfies the fittingness and proportionality conditions of moral desert and provides a backward-looking and pre-institutional ground of it. In (...)
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  13.  75
    The Moral Status of Sexual Fantasies.Stephen Kershnar - 2005 - Public Affairs Quarterly 19 (4):301-315.
    Sexual fantasy is a non-perceptual thought that is sexually arousing. It has several paradigmatic features. The structure of a fantasy involves an agent taking pleasure in an object that is often a visual depiction of an event. The fantasy is under the agent’s control and has a semantic content. Since mere sexual fantasizing about someone respects the individual who are depicted in the fantasy, the rightness of a sexual fantasy depends on whether consequentialism is true and, if so, whether the (...)
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  14.  95
    Are the Descendants of Slaves Owed Compensation for Slavery?Stephen Kershnar - 1999 - Journal of Applied Philosophy 16 (1):95–101.
    The compensatory‐justice justification of affirmative action requires a comparison of the actual world in which the injured person lives with a relevantly similar possible world in which this person lives but where the unjust injuring act never occurred, in order to identify the degree of harm brought about by the unjust injurious act. The problem is that some unjust injuring acts, particularly acts of slavery, led to intercourse and the later creation of the ancestors of many members of minority groups. (...)
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  15.  52
    Moral Responsibility and Foundationalism.Stephen Kershnar - 2015 - Philosophia 43 (2):381-402.
    If an individual is morally responsible, then there is a responsibility-foundation that makes him morally responsible, but there is no responsibility-foundation that makes him responsible. This rested on the notion that if there were a responsibility-foundation, it would be either an ungrounded choice or an ungrounded character state and that neither can serve as the foundation. The paper then considered three types of objections. First, moral responsibility does not require a responsibility-foundation. Second, a character state can serve as the foundation. (...)
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  16. The Forfeiture Theory of Punishment: Surviving Boonin’s Objections.Stephen Kershnar - 2010 - Public Affairs Quarterly 24 (4):319-334.
    In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.
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  17.  60
    The Structure of Rights Forfeiture in the Context of Culpable Wrongdoing.Stephen Kershnar - 2002 - Philosophia 29 (1-4):57-88.
    A person deserves a punishment if and only if he did a culpable wrongdoing and in virtue of this it is other-things-being intrinsically good that he receive punishment and if he were to receive that punishment then it would be through a non-deviant causal chain that includes the culpable wrongdoing. The wrongdoing may be institutional or pre-institutional depending on whether the moral right that the wrongdoer trespasses upon is dependent on a political institution’s goal. Desert in general, and punitive desert (...)
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  18.  91
    Why Equal Opportunity is Not a Valuable Goal.Stephen Kershnar - 2004 - Journal of Applied Philosophy 21 (2):159–172.
    In this paper, I provide an analysis of equal opportunity. I argue that equal opportunity occurs where two or more persons with equal natural abilities and willingness to work hard have chances at various jobs that are in the aggregate of equal value. I then argue that equal opportunity is neither valuable nor something that the government ought to pursue. First, it is not clear why we should value opportunities rather than outcomes. Second, the value of equal opportunity rests on (...)
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  19. The Moral Status of Harmless Adult-Child Sex.Stephen Kershnar - 2001 - Public Affairs Quarterly 15 (2):111--132.
    Nonforcible adult-child sex is thought to be morally wrong in part because it is nonconsensual. In this paper, I argue against this notion. In particular, I reject accounts of the moral wrongfulness of adult-child sex that rest on the absence of consent, concerns about adult exploitation of children, and the existence of a morally primitive duty against such sex.
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  20.  27
    Forfeiture Theory and Symmetrical Attackers.Stephen Kershnar - 2017 - Criminal Justice Ethics 36 (2):224-245.
    In this paper, I defend the following thesis: The Problem of Symmetrical Attackers does not falsify forfeiture theory. The theory asserts that except in the case where violence is necessary to avoid a catastrophe, only those who forfeit their rights are liable for defensive violence. The problem focuses on the following sort of case. Symmetrical Attacker Case Al and Bob are doppelgangers. They both mistakenly but justifiably think that the other is about to attack him. They both respond with violence (...)
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  21. The Most Valuable Player.Stephen Kershnar & Neil Feit - 2001 - Journal of the Philosophy of Sport 28 (2):193-206.
    The most valuable player (MVP) of an athletic league is the single best individual player in the league. The MVP award is the institutional recognition of this person, and it is the highest annual award that a player can receive. Despite its widespread consideration and importance, we argue that the concept of the MVP is a fundamentally vague concept. In the context of professional sports, however, such a vague category is valuable in that it promotes the active discussion of different (...)
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  22.  39
    Private Property Rights and Autonomy.Stephen Kershnar - 2002 - Public Affairs Quarterly 16:231-258.
    A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard to an object, e.g., (...)
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  23. Is Violation Pornography Bad for Your Soul?Stephen Kershnar - 2004 - Journal of Social Philosophy 35 (3):349–366.
    Violation pornography is pornography where the depicted behavior includes unjust sexual acts, e.g., rape. In this paper I argue that it is unclear whether the enjoyment of violation pornography is bad for the viewer. My essay has three parts. First, I set out an account of flourishing. I adopt a composite account, whereby flourishing is a function of the degree to which an individual has pleasure and various objective-list elements. Objective-list elements are things (e.g., knowledge and meaningful relationships) that make (...)
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  24. There Is No Moral Right to Immigrate to the United States.Stephen Kershnar - 2000 - Public Affairs Quarterly 14 (2):141-158.
    U.S. citizens have a right to exclude potential immigrants. This right rests in part on the threat immigration poses to change the character of the institutions to which the current citizens have consented and in part on the threat immigrants pose to the citizens' rights to collective property. This right is probably not opposed by a human right to immigrate since such a right cannot be supported by arguments from equality, fairness, legitimate state authority, or libertarianism.
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  25. In Defense of Asian Romantic Preference.Stephen Kershnar - 2018 - International Journal of Applied Philosophy 32 (2):243-256.
    Asian romantic preference is not wrong because it does not infringe on someone’s moral right. Nor is it unjust in some other way. It is not intrinsically bad because it is neither false nor does it consist of the love of evil or hatred of the good. It is not clear if it is instrumentally bad because it is not clear whether it is good for Asian women and, if it is, whether the good for them is outweighed by the (...)
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  26. For Interrogational Torture.Stephen Kershnar - 2005 - International Journal of Applied Philosophy 19 (2):223-241.
    Interrogational torture is torture that is done in order to gain information. It is wrong if it either wrongs the person being interrogated or is a free-floating wrong. In the relevant cases, interrogational torture need not wrong the person being interrogated. This is because in many cases it doesn’t, and is known not to, infringe on the tortured person’s moral rights. It is not clear whether interrogational torture is a free-floating wrong since we lack confidence in judging whether it violates (...)
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  27.  60
    Desert Tracks Character Alone.Stephen Kershnar - 2008 - International Journal of Applied Philosophy 22 (1):71-88.
    In this paper, I argue that character alone grounds desert. I begin by arguing that desert is grounded by a person’s character, action, or both. In the second section, I defend the claim that character grounds desert. My argument rests on intuitions that other things being equal, it would be intrinsically better for virtuous persons to flourish and vicious persons suffer than vice versa. In the third section, I argue that actions do not ground desert. I give three arguments in (...)
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  28.  39
    The Justification of Deserved Punishment Via General Moral Principles.Stephen Kershnar - 1995 - Southern Journal of Philosophy 33 (4):461-484.
    If the ground of punishment is a culpable wronging, what is it about a culpable wrongdoing that allows it to morally justify deserved punishment? In particular, we want to know what it is about a culpable wrongdoing that accounts for the intrinsic value of punitive desert or the punitive-desert-related duties that comprise retributivism. I analyze both together in the context of seeking a justification for The Principle of Deserved Punishment, (1). (1) The Principle of Deserved Punishment. A person deserves punishment (...)
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  29. Discounting Women’s Applications When Hiring.Stephen Kershnar - 2020 - Philosophia 48 (1):227-260.
    In this paper, I argue that philosophy departments at state universities may discount women’s applications. My argument rests on two premises: if the balance of merit-based reasons supports discounting one group relative to a second, then a state institution may discount the first group’s application and the balance of merit-based reasons supports philosophy departments at state universities discounting women’s applications relative to men’s applications.The latter premise was supported by three assumptions. First, if discounting the applications of one group relative to (...)
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  30.  76
    The Right-Based Criticism of the Doctrine of Double Effect.Stephen Kershnar & Robert Kelly - 2020 - International Journal of Applied Philosophy 34 (2):215-233.
    If people have stringent moral rights, then the doctrine of double effect is false or unimportant, at least when it comes to making acts permissible or wrong. There are strong and weak versions of the doctrine of double effect. The strong version asserts that an act is morally right if and only if the agent does not intentionally infringe a moral norm and the act brings about a desirable result (perhaps the best state of affairs available to the agent or (...)
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  31.  48
    Is Violation Pornography Bad for Your Soul?Stephen Kershnar - 2004 - Journal of Social Philosophy 35 (3):349-366.
    In this paper, I argue that many violent sexual fantasies are not vicious. In the first part of this article, I sketch out the nature of violent sexual fantasies and note that many people regularly have them. I then argue many violent sexual fantasies are not vicious. My argument strategy is to explore what makes an attitude vicious and then to note that the vice-making feature need not be present in such fantasies and is in fact probably not present in (...)
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  32.  34
    Justice for the Past.Stephen Kershnar - 2004 - State University of New York Press.
    Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to hose persons who, through their abilities, will benefit most from them. Second, he argues that, (...)
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  33.  69
    Assassination and the Immunity Theory.Stephen Kershnar - 2005 - Philosophia 33 (1-4):129-147.
    This paper argues for a policy of assassination. Foreign leaders causing unjust wars forfeit their rights against being killed. Killing them also satisfies the conditions on defensive violence that accompany forfeiture (consider, for example, imminence, necessity, and proportionality). Assassination sometimes maximizes the good. In some cases, then, assassination is right and good. A separate issue is whether it is good policy. To the extent that traditional just war theory disallows assassination, it should be revised or rejected.
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  34.  27
    Responsibility-Foundation: Still Needed and Still Missing.Stephen Kershnar & Robert M. Kelly - forthcoming - Science, Religion and Culture.
    Responsibility is impossible because there is no responsibility-maker and there needs to be one if people are morally responsible. The two most plausible candidates, psychology and decision, fail. A person is not responsible for an unchosen psychology or a psychology that was chosen when the person is not responsible for the choice. This can be seen in intuitions about instantly-created and manipulated people. This result is further supported by the notion that, in general, the right, the good, and virtue rest (...)
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  35.  5
    On the Ranking of Teams.Stephen Kershnar & James Delaney - forthcoming - Philosophia:1-13.
    In this paper, we argue that in a possible world there is a determinate ranking of teams. Our argument rests on the premise: In theory, nothing prevents a determinate better than ranking. This premise in turn rests on assumptions with regard to stipulations regarding ‘better than’ and nature of a competition as well as a right answer theory of interpretation. We then speculate that in some actual leagues in some years, there were determinate rankings. We consider objections that focus on (...)
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  36.  3
    The Sabermetrics of State Medical School Admissions.Stephen Kershnar - 2021 - International Journal of Applied Philosophy 35 (1):45-63.
    In this paper, I argue that medical school admissions should be limited to statistically relevant factors. My argument rests primarily on three assumptions. A state professional school should maximize production. If a state professional school should maximize production, then it should maximize production per student. If a state professional school should maximize production per student, then, within the optimum budget, a state medical school should maximize quality-adjusted medical services per graduate. I put forth a tentative equation for ranking applicants as (...)
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  37.  59
    The Paradox of Consent.Stephen Kershnar - 2019 - International Journal of Applied Philosophy 33 (2):305-318.
    If consent is valid, then in every case it is either valid or invalid. This is because of the notion that consent eliminates a right and a person either has or lacks a right against another. A parallel problem to the paradox of symmetrical attackers applies to consent. That is, there is a case in which two people neither consent nor do not consent to one another. As a practical matter, attorneys, judges, legislators, physicians, and sex partners should not treat (...)
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  38.  9
    The Structure of Rights Forfeiture.Stephen Kershnar - 2002 - Philosophia 29 (1-4):57.
    A person deserves a punishment if and only if he did a culpable wrongdoing and in virtue of this it is other-things-being intrinsically good that he receive punishment and if he were to receive that punishment then it would be through a non-deviant causal chain that includes the culpable wrongdoing. The wrongdoing may be institutional or pre-institutional depending on whether the moral right that the wrongdoer trespasses upon is dependent on a political institution’s goal. Desert in general, and punitive desert (...)
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  39. Rape Fantasies and Virtue.Stephen Kershnar - 2008 - Public Affairs Quarterly 22 (3):253-268.
    In this paper, I argue that many violent sexual fantasies are not vicious. In the first part of this article, I sketch out the nature of violent sexual fantasies and note that many people regularly have them. I then argue many violent sexual fantasies are not vicious. My argument strategy is to explore what makes an attitude vicious and then to note that the vice-making feature need not be present in such fantasies and is in fact probably not present in (...)
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  40.  25
    Love is Independent of Moral Responsibility.Stephen Kershnar - 2020 - International Journal of Applied Philosophy 34 (1):137-155.
    A concern that accompanies the recognition that people are not morally responsible is how this affects our relationships. In particular, there is concern as to whether the absence of these things eliminates or lessens love. Love is relevant on some of the most plausible theories of well-being. In particular, it might be thought to cause pleasure and fulfill desires and thus bring about well-being on hedonist and desire-fulfillment theories of well-being. It might also be included on the objective list of (...)
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  41. For Discrimination Against Women.Stephen Kershnar - 2007 - Law and Philosophy 26 (6):589 - 625.
    In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. The argument (...)
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  42.  66
    Hell, Threshold Deontology, and Abortion.Stephen Kershnar - 2010 - Philosophia Christi 12 (1):79-101.
    In this paper, I argue that Threshold-Hell Christianity conflicts with the pro-life position on abortion. The specific type of Christianity is that which also accepts threshold deontology and the existence of hell. Threshold deontology is the view that ordinarily moral duties consist of non-consequentialist side-constraints on the pursuit of the good but that in some cases these side-constraints are overridden. My strategy is to establish that a person who brings about an abortion guarantees that the aborted individual goes to heaven (...)
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  43.  81
    A Complex Experiential Account of Pleasure.Stephen Kershnar - 2010 - Journal of Value Inquiry 44 (2):153-165.
    In this paper, I argue for the Complex Experiential Theory. It asserts that pleasure is a pro-attitude toward a de se experience. I argue that it is better than its competitors. In particular, it is better than monadic theories that view pleasure as a distinct type of experience or a pro-attitude in isolation. It is also better than other non-monadic theories. In particular, it is better than accounts that involve pro-attitudes and beliefs in states of affairs or propositions (or ones (...)
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  44.  23
    Uncertain Damages to Racial Minorities and Strong Affirmative Action.Stephen Kershnar - 1999 - Public Affairs Quarterly 13 (1):83-98.
    We should adopt the following principle with regard to compensatory justice. (1) If an unjust act benefits an innocent person and there is no reasonable way to assess the amount of damages to the victim, then compensatory justice does not require that the innocent beneficiary pay compensation for those damages. We cannot reasonably assess the amount of damages to current racial minorities that have resulted from past discriminatory acts. Problems arise in determining the identity of the injured parties, the identity (...)
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  45. Intrinsic Moral Value and Racial Differences.Stephen Kershnar - 2000 - Public Affairs Quarterly 14 (3):205-224.
    In this paper, I argue for the following thesis: racial and ethic groups differ in their per capita intrinsic moral value. My argument rests on the notion that autonomy is a ground for intrinsic moral value and the notion that there are individual and group differences in autonomy. I then argue that the implications of this per capita difference between racial and ethnic groups are in some cases significant in that they are relevant to both public policy and private action.
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  46. The Morality of Faking Orgasms: Deception in a Dishonest World.Stephen Kershnar - 2012 - International Journal of Applied Philosophy 26 (1):85-104.
    In this essay, I argue that orgasm-faking is permissible. My essay consists of three parts. First, I provide a background sketch of the psychology of orgasm-faking. Second, I argue that it is permissible. Third, I consider other arguments that might be made for the permissibility of faking it.
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  47.  36
    Extremely Harsh Treatment.Stephen Kershnar - 2011 - Reason Papers 33:60-81.
    Extremely harsh treatment (for example, unanesthetized tooth, branding with a hot iron, violent shaking, repeated beatings, and car-battery shocks to the genitalia) is often considered unjust. On different accounts, extremely harsh treatment fails to respect persons because it infringes on an absolute right, fails to respect a person’s dignity, constitutes cruel or inhumane treatment, violates rules that rational persons would choose under fair and equal choosing conditions, or results in a person losing his agency to another. Others respond that in (...)
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  48.  32
    Consequentialism and the Case of Symmetrical Attackers.Stephen Kershnar - 2019 - Utilitas 31 (4):395-413.
    There are puzzle cases that forfeiture theory has trouble handling, such as the issue of what happens to the rights of two qualitatively identical people who simultaneously launch unprovoked attacks against the other. Each person either has or lacks the right to defend against the other. If one attacker has the right, then the other does not and vice versa. Yet the two are qualitatively identical so it is impossible for one to have the right if the other does not. (...)
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  49.  99
    Hellman, Deborah. When Is Discrimination Wrong?Cambridge, MA: Harvard University Press, 2008. Pp. 216. $39.95 ; $17.95. [REVIEW]Stephen Kershnar - 2013 - Ethics 123 (2):374-377.
    In summary, Hellman’s book is well worth reading. It is powerful, well-written, and interesting and explains much of the prominent case law on discrimination. Her theory, however, is false because her explanation of wrongful discrimination fails to track a wrong-making feature. Her theory does not focus on a right-infringement in or unfair treatment of the person whom is discriminated against. It also does not focus on an incorrect attitude in the person who discriminates. These intuitively seem to exhaust the reasons (...)
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    The Most-Valuable-Player Problem Remains Unsolved.Stephen Kershnar - 2011 - Journal of the Philosophy of Sport 38 (2):167-174.
    Stephen Kershnar’s model of the most valuable player fails. It does not track total value and this is what a team values, although perhaps the best model should focus on player-related value. In any case, the model does not succeed as a model of player-value because player-value is indeterminate. The indeterminacy results from boundary problems with the player-role and, perhaps also, indeterminacy in the baseline state. In addition, Kershnar’s framework is misguided because winning is not intrinsically valuable and is not (...)
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