David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren (...) Quinn’s better known ‘auto-retaliator’ argument, and desert-based justifications of punishment. In sum, I show that the self-defense justification of punishment is more resilient than commonly supposed and deserves to be taken seriously as a justification of punishment. (shrink)

One of the factors that contributes to an agent’s praiseworthiness and blameworthiness — his or her moral worth — is effort. On the one hand, agents who act effortlessly seem to have high moral worth. On the other hand, agents who act effortfully seem to have high moral worth as well. I explore and explain this pair of intuitions and the contour of our views about associated cases.

It is better when people get what they deserve. So we need an axiology according to which the intrinsic value of a possible world is a function of both how well-off and how deserving the people in that world are. But how should these ?desert-adjusted? values of possible worlds be calculated? It is easy to come up with some qualitative ideas. But these qualitative ideas leave us with an embarrassment of riches: too many quantitative functions that implement those qualitative ideas. (...) In this paper I will select one of these quantitative functions and defend its superiority. (shrink)

A desert-sensitive moral theory says that whether people get what they deserve, whether they are treated as they deserve to be treated, plays a role in determining what we ought to do. Some popular forms of consequentialism are desert-sensitive. But where do facts about what people deserve come from? If someone deserves a raise, or a kiss, in virtue of what does he deserve those things? One plausible answer is that what someone deserves depends, at least in part, on how (...) well he meets his moral requirements. The wicked deserve to suffer and the decent do not. Shelly Kagan (2006) has argued that this plausible answer is wrong. But his argument for that conclusion does not succeed. I will show how to formulate a desert-sensitive moral theory (and also a desert-sensitive version of consequentialism) on which this answer is correct. (shrink)

This article seeks to cause trouble for a brand of consequentialism known as ‘desertarianism’. In somewhat different ways, views of this kind evaluate outcomes more favourably, other things equal, the better the fit between the welfare different people enjoy and the welfare they each deserve. These views imply that we can improve outcomes by redistributing welfare to fit desert, which seems plausible enough. Unfortunately, they also imply that we can improve outcomes by redistributing desert to fit welfare: in other words, (...) by making happy people more deserving, at the cost of making unhappy people less deserving. Extant versions of desertarianism predict that such ‘deservingness transfers’ are improvements and that we ought to carry them out. Even worse, they will sometimes rank deservingness transfers higher than simply benefitting deserving people who are poorly off. (shrink)

This dissertation is structured in such a way as to gradually home in on the true theory of welfare. I start with the whole field of possible theories of welfare and then proceed by narrowing down the options in a series of steps. The first step, undertaken in chapter 2, is to argue that the true theory of welfare must be what I call a partly response independent theory. First I reject the entirely response independent theories because there are widely-shared (...) intuitions suggesting that some psychological responses are indeed relevant to welfare. Then I reject the entirely response dependent theories because there are other central intuitions suggesting that our welfare is not determined solely by our psychological responses. Thus I reach the preliminary conclusion that welfare must involve some response independent (or objective) component. The next step is to consider the most promising theories in the partly response independent category. In particular, I formulate, refine and ultimately reject what seem to be the main monistic theories that have been proposed in this category. In chapter 4, I reject the Adjusted-Enjoyment Theories of Welfare because they cannot account for the claim that a life containing no pleasure or pain can still contain a positive amount of welfare (e.g. if it’s a particularly successful life). Then in chapters 5-7, I discuss Desire Satisfaction theories of welfare. I argue that even the most promising of these theories – e.g. Worthiness Adjusted Desire Satisfactionism – are problematic because they cannot accommodate the claim that a life containing no success with respect to worthwhile projects can still contain a positive amount of welfare (e.g. if it’s a particularly pleasant life). Finally, I suggest that in order to accommodate the intuitions that led to the rejection of all these other theories of welfare, what is needed is a multi-component theory. In the final chapter, I formulate a multi-component theory that is particularly promising. Not only does it avoid the problems of the monistic theories discussed earlier, but, by incorporating a number of novel mathematical devices, it avoids problems that undermine several other initially promising multi-component theories of welfare. (shrink)

In this paper, I argue for Fit, a prudential version of the claim that attitudes must fit their objects, the claim that there is an extra benefit when one's reactions fit their objects. I argue that Fit has surprising and powerful consequences for theories of well-being. Classic versions of the objective list theory, hedonism, desire views, and loving-the-good theories do not accommodate Fit. Suitable modifications change some of the views substantially. Modified views give reactions a robust role as sources of (...) well-being, and they accept that objects call for some attitudes but not others. I argue that objective list theories and loving-the-good theories require the most minimal changes to accommodate Fit, so we have a pro tanto reason to favor these views over alternatives. (shrink)

Philosophers disagree about whether outcome luck can affect an agent's “moral responsibility.” Focusing on responsibility's “negative side,” some maintain, and others deny, that an action's results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor's blameworthiness and negative desert are equally affected—or unaffected—by an action's results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that (...) serve distinct normative functions: blameworthiness serves aliabilityfunction (removing a bar to otherwise impermissible treatments), whereas desert serves afavoringfunction (contributing new value to states of affairs, or providing new reasons for responsive treatments). Having distinguished (negative) desert from blameworthiness, the article proposes a novel resolution to the outcome‐luck debate: that results do not affect an agent's liability to blame, but do affect the amount and severity of blame to which the agent is justly liable, including by affecting the severity of blame that the agent deserves. (shrink)

Virtue ethics is widely recognized as one of three major approaches in contemporary moral philosophy and arguably the most influential normative theory in business ethics. Despite its rich pedigree in Western and Eastern philosophy, most work in contemporary virtue ethics is part of the Western tradition. The purpose of this Thematic Symposium is to foster dialogue between Western and Eastern conceptions of virtue in business and engage them with questions about the nature, justification, and content of the virtues in each (...) tradition. This Editorial offers a brief introduction to the problem, a summary of Western and Eastern varieties of virtue ethics, an overview of the six articles included in this Thematic Symposium, and a section with five common themes for further exploration and future collaborative research. (shrink)

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 (...) a second, then the first infringes on the second’s right. We then looked at Nicholas Dixon’s powerful Kantian argument that MMA fighting is wrong. (shrink)

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 (...) that is necessary and that they think is necessary to prevent the attack. The problem is that one person forfeit his right if and only if the second does not and that it appears to be impossible for both or neither to forfeit. I argue that the forfeiture theory is not falsified by this problem because the problem is equally damaging to every plausible theory of permissible defensive violence. (shrink)

In this critical review, I address two themes from Shelly Kagan’s path-breaking The Geometry of Desert. First I explain the so-called “bell motion” of desert mountains—a notion reflecting that, ceteris paribus, as people get more virtuous it becomes more important not to give them too little of whatever they deserve than not to give them too much. Having argued that Kagan’s defense of it is unsatisfactory, I offer two objections to the existence of the bell motion. Second, I take up (...) an unrelated issue—the relation between comparative and non-comparative desert. I argue that, given a certain disaggregationist view of comparative desert, it is possible that comparative desert is not satisfied, even if non-comparative desert is perfectly so. Unlike my objections to the bell motion, this possibility adds further complexity to an already complex Kaganian account of desert. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

Thomas Hurka has put forth a powerful account of virtue. The account rests on a specification of intrinsically good mental states and then explains what unifies them. On his account, virtue and desert also share the same structure. His theory of virtue has some difficulties that threaten the structure that unifies it. First, Hurka's account cannot provide a principled account of virtue and vice when they are constituted by attitudes toward things are not intrinsically good (e.g., nonexistent state of affairs). (...) Second, Hurka's account does not have room for an important factor in determining the degree to which an attitude is virtuous or vicious: agent-relative goods. Hurka is thus faced with a abandoning the basic structure that makes his theory attractive or adopting counterintuitive positions. (shrink)

Several leading theorists embrace the Simple Desert Account of Discrimination. This account involves two claims: it claims that a mismatch between what people deserve, on the one hand, and what they get, on the other hand, is (a) integral to discrimination, and (b) wrong. I shall query (a). First, I challenge what I see as the principal, positive argument for the Simple Desert Account. Second, in some cases wrongful discrimination brings about a better match between desert and what people get. (...) Situations in which this could be the case include those where: the discriminatee is a serial discriminator herself; the person wrongfully discriminated in favour of deserves greater advantages than she enjoys; by engaging in wrongful discrimination the discriminator reduces her moral deservingness and thereby the gap between her level of deservingness and her otherwise unfittingly low level of advantage. (shrink)

Suppose that virtue is intrinsically morally good, and that we have a pro tanto moral reason to act in ways which promote it. Further suppose that the failure of agents to receive what they deserve is intrinsically morally bad, and that we have a pro tanto moral reason not to act in ways which frustrate desert. When we are deciding whether to encourage others to make altruistic sacrifices, these two pro tanto moral reasons come into conflict. To encourage such sacrifices (...) promotes virtue; it also causes virtuous agents to be worse off, preventing them from receiving their deserts. I argue that these effects on desert can reduce the moral desirability of promoting altruism so significantly as to make it morally wrong. This has implications for public policy, since certain practical questions turn on the extent to which we ought to rely on altruism as a means of solving social problems. (shrink)

This essay aims to establish two theses. First, hell is unjust. Second, God ought not (or perhaps cannot) impose hell on human beings. In support of these theses, Stephen Kershnar argues that human beings do not deserve hell because they either cannot cause an infinite amount of harm or are not responsible for doing so. Also, since humans don’t have infinitely bad characters, hell can’t be deserved on the basis of character. Since humans don’t deserve hell, God may not (or (...) perhaps cannot) impose unjust punishments and hence may not (or cannot) send or allow persons to go to hell. (shrink)

The issue of the time of intrinsic value focuses on the time during which a state has a level of intrinsic value. This is distinct from the time that desert makes a state of affairs good or bad (time of desert) and the time that statements about desert are true or false (time of the desert statement). To arrive at this conclusion, I assumed that intrinsic value is a function of desert-adjusted well-being. Both desert and well-being should be understood as (...) contemporaneous properties that occur at a particular moment in time. Hence, the time of intrinsic value is a point in time since the relevant property occurs at a point, albeit one that refers to the past. This result is significant because it relates to the dual-ledger account of intrinsic value. On one version of this account, desert is treated as similar to credits and well-being as similar to debits. It thus presents a tidy and intuitively appealing account of intrinsic value at a time and across times and persons. (shrink)

Here, we argue for a mathematical equation that captures desert. Our procedure consists of setting out principles that a correct equation must satisfy and then arguing that our set of equations satisfies them. We then consider two objections to the equation. First, an objector might argue that desert and well-being separately contribute to intrinsic goodness, and they do not separately contribute. The concern here is that our equations treat them as separate contributors. Second, our set of desert-equations are unlike equations (...) in science because our equations involve multiple desert-equations with the applicable equation depending on how the variables are filled out. Neither objection succeeds. (shrink)

The Principle of Universality asserts that a part retains its intrinsic value regardless of the whole in which it is a part or even whether it is part of a whole. The idea underlying this principle is that the intrinsic value of a thing supervenes on its intrinsic properties. Since the intrinsic properties remain unchanged so does the thing’s intrinsic value. In this article, I argue that, properly understood, the Principle of Universality can handle seemingly troublesome intuitions about the relative (...) intrinsic value of a vicious person having pain and his having pleasure. I specifically argue that the intuition that the former state is better is explained by the nature of the basic intrinsic-value states, which involve a person having a level of well-being and desert at a time. One implication of this is that given the nature of such basic intrinsic-value states, pleasure and pain are not value-bearing parts of virtuous and vicious attitudes. (shrink)

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. (...) Third, we know people are responsible even if we don't know what the foundation is. These objections fail. (shrink)

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 (...) some cases extremely harsh treatment is just because some individuals forfeit their moral rights against extremely harsh treatment or because it is the fair way to distribute a danger that was created by the person to be so treated. In this paper, I develop an argument that is designed to sidestep these criticisms. (shrink)

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. (...) The Problem of Symmetrical Attackers is a problem for non-consequentialism because the most plausible non-consequentialist theories assume that people have rights and can lose them by forfeiting them or waiving them. This article considers whether consequentialism can get around this problem. (shrink)

There is a series of candidates for the ground of intrinsic value. Different theories posit that the ground consists of some or all of the following: types of experiences, desire-satisfaction, virtue, meaningful relationships, true beliefs, desert-satisfaction, etc. The ground can be local or global depending on whether it grounds value of a spatial, temporal, or fact-specific part of the universe (e.g., Jones enjoying this ice cream) or all facts considered (e.g., the universe over time). In this paper, I argue that (...) the single ground of global intrinsic value is the total amount of desert-adjusted well-being. I begin by providing a sketch of moral desert. I then argue that desert-adjusted well-being alone satisfies our intuitions about global intrinsic value. (shrink)

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 (...) that obtain, are true, or that focus on the subject’s own life). When conjoined with hedonism, this theory fits nicely into a building block theory of well-being. (shrink)

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.