Many have argued that individuals should receive income in proportion to their contribution to society. Others have believed that it would be fairer if people received income in proportion to the effort they expend in so contributing, since people have much greater control over their level of effort than their productivity. I argue that those who believe this are normally also committed, despite appearances, to increasing the social product — which undermines any sharp distinction between effort- and productivity-based distributive proposals. (...) However, effort-based proposals do emphasise more the importance of people having control over factors affecting their income. The second set of problems I consider is how to implement policies which hold true to this emphasis. I show that there are major problems with the accuracy of using any objective criteria to measure the level of effort a person is expending. Moreover, once any such criteria are employed the problem of ‘moral hazard’arises because people modify their behaviour in such a way as to maximise their income while minimising their effort. This violates the original motivation for using effort. Because of this and other empirical considerations, I argue that productivity may well be a better criterion on which to distribute income even if one is motivated by the same concerns which have prompted effort-based proposals. (shrink)

What is the connection between action that is caused by inauthentic antecedent springs of action, such as surreptitiously engineered-in desires and beliefs, and moral obligation? If, for example, an agent performs an action that derives from such antecedent springs can it be that the agent is not obligated to perform this action owing to the inauthenticity of its causal antecedents? I defend an affirmative response, assuming that we morally ought to bring about the states of affairs that occur in the (...) intrinsically best worlds accessible to us and that a version of attitudinal hedonism is the axiology for ranking worlds. (shrink)

It is often supposed that there is a relationship between desert and responsibility: that to be deserving we must be responsible for that which makes us deserving. Indeed, there seems little doubt that a supposed relationship between desert and responsibility, combined with a growing tendency to view less and less as the responsibility of the individual, contributed to the reluctance to appeal to desert which has been a feature of much recent moral and political philosophy. Certainly, if to be deserving (...) we need to be responsible for that which makes us deserving ‘all the way down,’ it is not easy to see how anyone could ever be deserving of anything.I will argue that the claim that we can deserve only on the basis of that for which we are responsible — the desert-responsibility thesis — is false. There is no conceptual connection between desert and responsibility. Nevertheless, it is true that many claims to deserve are undermined if there is a lack of responsibility. (shrink)

This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...) decades in philosophy’s graveyard and some new ones (such as the fairness theory). Only in the last decade or so have new vares o “consequentialism” appeared to dilute a debate among philosophers that had become almost entirely about “retributivism”. I shall describe this trend in more detail. The description will be less an update of my 1990 survey than a rethinking of it. The conclusion I draw from this rethinking is that we need to drop the utilitarian–retributivist (and nonconsequentialist–nonconsequentialist) distinction in favor of one sorting punishment theories according to whether they rely in part on empirical considerations (externalist theories) or instead rely (almost) entirely on conceptual relations (internalist theories). (shrink)

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, independently of the institutions that may reward it, and of the socio-political background against which it stands out. This article criticizes such a view, trying (...) to establish that desert cannot exist but ‘in the eyes’ of some person or group who already possesses some system of values. Thus, the concept lacks the moral force for defining the rightness of a society. In the last section, David Miller’s thesis that there is one specific, right pattern for rewarding desert will be examined. (shrink)

The question of whether desert depends on institutions or institutions on desert continues to divide politicians and political theorists, particularly in disputes over the justification of the welfare state. Even though it is a significant question with direct relevance for issues of economic justice, little has been done so far to evaluate the various positions in dispute and to make explicit the concepts involved. In this paper, I first present the main senses in which the concepts of desert, dependence and (...) institution are used by different desert theorists and I argue that conflicting claims concerning desert's pre/institutional nature may turn out to be compatible and similar claims, inconsistent, when the senses of these concepts are made explicit. Secondly, I identify the senses of 'desert', 'dependence' and 'institution' which are most appropriate for the debate. Thirdly, I argue that, from the perspective of this conceptual framework, it is not possible to decide whether or not desert depends on institutions, unless the framework is supplemented by a more precise specification of the concept of institution. (shrink)

Tolerance, the mere “putting up” with disapproved behaviour and practices, is often considered a too negative and passive engagement with difference in the liberal constitutional state. In response, liberal thinkers have either discarded tolerance, or assimilated it to the moral and legal precepts of liberal justice. In contradistinction to these approaches I argue that there is something distinctive and valuable about tolerance that should not be undermined by more ambitious, rights-based models of social cooperation. I develop a conception of tolerance (...) as a complementary principle and an interim value that is neither incompatible with, nor reducible to, rights-based liberalism. Tolerance represents a particular, non-communitarian expression of the general dictum that the liberal state, having released its citizens into liberty, rests on social presuppositions it cannot itself guarantee. (shrink)

What I call the Just Distribution theory of punishment holds that the justification of punishment is that it rectifies the social distribution of benefits and burdens which has been upset by the offender. I argue that a recent version of this theory is no more viable than earlier versions. Like them, it fails in its avowed intention to deliver fundamental intuitions about crime and punishment. The root problem is its foundation in Hart's Principle of Fair Play, a foundation which, I (...) argue, is inappropriate for a theory of punishment. (shrink)

This paper examines the concepts of desert and luck, familiar in political theory but neglected by sociologists. I argue that the idea of desert is composed of both personal performance and the degree of responsibility a person has over that performance. Distribution ought to be in accordance with the indebtedness created by the person's performance. This can be compromised by luck; that is, personal desert is undermined where lack of performance scuttles the applicability of the contributory model. This paper examines (...) recent work, focusing on establishing desert criteria for each person's ends and life‐plans, and a formula for distribution according to personal welfare. (shrink)

According to what we could call the "liberal" theory of distributive justice, people do not deserve the money they are able to make in the market for contributing to the economy. Yet the standard arguments for that view, which center on the fact that persons have very limited control over the size of their contributions, would also seem to imply that persons cannot deserve admiration, appreciation, esteem, praise and so on for these and other contributions. The control asymmetry is this: (...) the first conclusion of these arguments is acceptable but the second not. This paper is an effort to defend that claim, but without appeal to the notion of control. (shrink)