I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...) practice’s amounting to mercy lends it justificatory support, while its qualifying as mercy under certain morally neutral definitions provides no basis for considering it justified. (shrink)

Contemporary philosophers often construe mercy as a supererogatory notion or a matter of punitive leniency. Yet it is false that no merciful actions are obligatory. Further, it is questionable whether mercy is really about punitive leniency, either exclusively or primarily. As an alternative to these accounts, I consider the view offered by St. Thomas Aquinas. He rejects the claim that we are never obligated to be merciful. Also, his view of mercy is not restricted to legal contexts. For him, mercy's (...) scope is considerably broader, as it concerns a wide range of needs and hardships to which human beings are vulnerable. Such a view, I submit, affords a kind of normative depth lacking in many contemporary accounts. Unlike those views that construe mercy as either a supererogatory or legal concept, Aquinas's account illuminates mercy's obligatory nature and encourages us to make mercy a more salient fixture of our moral lives. (shrink)

This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...) applies directly. In the second, judges reasonably believe that one of the sentences within the range is the most proportionate, but can’t identify it with any certainty. In these cases of sentencing uncertainty, judges must be indifferent between their preferred sentence and a softer one, and this indifference triggers MIP. MIP thus frequently mandates some degree of leniency. I conclude with some comments on statistical uncertainty. (shrink)

The concept of desert is familiar to everyone. We have all heard that wrongdoers deserve punishment, that the virtuous deserve happiness, that hard workers deserve success, that innocent victims deserve compensation, that everyone deserves an adequate level of medical care, that no one deserves to be born handicapped, and so on. ;From these sayings, it is clear that desert is an evaluative concept. It therefore belongs to the class of concepts that includes rightness, justice, rationality, goodness, beauty, and others. Desert (...) is thus a familiar, evaluative concept. ;It is ironic, then, that desert has not received anything like the amount of philosophical attention enjoyed by the other evaluative concepts that I mentioned. In this dissertation, I focus my attention on desert. ;I begin, in Chapter 1, by trying to explain why desert has been neglected by philosophers. In Chapter 2 I argue that much of the received philosophical wisdom about desert is false. Chapter 3 is dedicated to "institutional" theories of desert. These theories make desert relative to institutional rules or purposes. Chapter 4 explores some views about the purported connection between desert and the emotions. In Chapter 5 I argue that a well-known attempt to justify desert-claims fails, and that this failure is the result of mistaken views about the connections between desert and the concepts of moral obligation and of value. One aim of Chapter 6 is to reveal the defects of some prominent theories of desert of wages. A deeper aim is to expose a fundamental defect in a standard way of looking at desert in general. ;In Chapter 7, I present my own theory of desert. It contains, among other things, a catalogue of bases for desert and an explanation of "all-in desert" in terms of "prima facie desert" and "weight." The structure of my theory of desert is therefore similar to the structure of W. D. Ross's theory of moral rightness. (shrink)

Recent work on environmental virtue tends to focus on the role of virtues like love, care, respect, humility and wonder for nature. This essay considers the merits of regarding mercy for nature as an environmental virtue. It argues that mercy for nature is neither conceptually confused nor unacceptably anthropocentric, is exhibited by an important exemplar of environmental virtue, and is compatible with virtues of love, care, respect and humility. It also argues that efforts to inculcate environmental mercy may help facilitate (...) the development of more caring, loving and respectful attitudes toward nature. (shrink)

I endorse an old view that distributive justice can best be understood as people getting what they deserve. John Rawls has several famous arguments to show that such a view is false. I criticize those arguments, but agree that more work needs to be done on the clarification and explanation of the concept of desert in order for the old view to be more than a platitude. I then criticize attempted analyses of the concept of desert by Feinberg, Kleinig, and (...) Miller. I claim that desert must be taken as a primitive concept. However, even though desert is primitive, there still needs to be some account of what sorts of things make a person deserving . Some proposed desert bases include need, personhood, diligence, moral worth, autonomous action, and entitlement. I criticize George Sher's work on autonomous action, diligence, and moral worth, then propose and defend a modified version of the view that all legitimate desert bases are either virtues or vices. (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)

In the first section I briefly consider some stituations in which standard desert-claims would be disputed, with the aim of revealing why and by whom they are asserted or denied. Having attained some understanding of the point of different desert-statements, I propose an accound of their content that entails the thesis that statements of positive desert (deserving something desirable) sharply differ in meaning from statements of negative desert (deserving something undesirable), even when expressed in the same form. In the second (...) section I use this ambiguity thesis to argue against an appealing way of defending Hegel's claim that a wrongdoer has a right to be punished and against Kant's defense of the view that there is a duty to punish those who deserve it. I also show how an understanding of negative desert that recognizes the ambiguity thesis enables us to defend the ordinary view of mercy against Kantian criticisms and to reject the popular misconception that mercy is necessarily at odds with justice. In the third section I use the ambiguity thesis to rebut the common claim (found in Mill and Aristotle, among others) that it is unjust for a person to have or be given mone benefits than she deserves. I conclude by showing how an understanding of positive desert that recognizes the ambiguity thesis leads to a rejection both of certain complaints against traditional systems of private property and also of certain moralistic scruples that might give pause to those who acknowledge the moral duty to assist the needy. (shrink)