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  1. Why Retributivists Should Endorse Leniency in Punishment.Göran Duus-Otterström - 2013 - Law and Philosophy 32 (4):459-483.
    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 (...)
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  • Desert as a principle of distributive justice.Roberto Brigati - 2014 - Philosophy and Social Criticism 40 (7):705-722.
    Can desert be the foundation of justice? Recent attempts to redefine distributive justice in the light of the notions of desert and merit depend largely upon how much independent moral force can be attributed to these notions. This is why a number of theorists, following in Joel Feinberg’s wake, assume desert to be a natural feature (of an action, or a person, or a performance), independently of the institutions that may reward it, and of the socio-political background against which it (...)
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  • What is merit, that it can be transferred?Steven G. Smith - 2021 - International Journal for Philosophy of Religion 90 (3):191-207.
    A concept of merit is used for spiritual accounting in many religious traditions, seemingly a substantial point of connection between religion and ordinary morality. Teachings of “merit transfer” (as in Buddhism and Roman Catholicism) might make us doubt this connection since they violate the principle that merit must be earned. If we examine the structure of ordinary schemes of desert, however, we find that personal worth is posited for a variety of reasons; the basic requirement in this realm is not (...)
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