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  1. (1 other version)Desert.George Sher - 1987 - Princeton University Press.
    The description for this book, Desert, will be forthcoming.
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  • 房地产的形而上学.Barry Smith & Leo Zaibert - 2021 - In Francesco Di Iorio & Jun Hu (eds.), 能动性与社会动力学——经济学哲学与社会科学哲学论文集 (Agency and Social Dynamics: Essays in the Philosophy of Economics and the Social Sciences). Nankai University Press. pp. 111-125.
    The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other types (...)
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  • (6 other versions)The right and the good.W. Ross - 1932 - Revue de Métaphysique et de Morale 39 (2):11-12.
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  • (1 other version)The Right and the Good.Some Problems in Ethics.W. D. Ross & H. W. B. Joseph - 1933 - Journal of Philosophy 30 (19):517-527.
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  • Culpability and Ignorance.Gideon Rosen - 1998 - Proceedings of the Aristotelian Society 103 (1):61-84.
    When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...)
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  • The Evolution of Retribution: Intuitions Undermined.Isaac Wiegman - 2017 - Pacific Philosophical Quarterly 98 (2):490-510.
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...)
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  • The Problem of Punishment.David Boonin - 2008 - Cambridge University Press.
    In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he (...)
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  • On the Matter of Suffering: Derek Parfit and the Possibility of Deserved Punishment.Leo Zaibert - 2017 - Criminal Law and Philosophy 11 (1):1-18.
    Derek Parfit has recently defended the view that no one can ever deserve to suffer. Were this view correct, its implications for the thorny problem of the justification of punishment would be extraordinary: age-old debates between consequentialists and retributivists would simply vanish, as punishment would only—and simply—be justifiable along Benthamite utilitarian lines. I here suggest that Parfit’s view is linked to uncharacteristically weak arguments, and that it ought to be rejected.
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  • Free Will Skepticism and Criminal Punishment.Derk Pereboom - 2013 - In Thomas A. Nadelhoffer (ed.), The Future of Punishment. , US: Oxford University Press USA. pp. 49.
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  • Retributivism revisited.Nathan Hanna - 2014 - Philosophical Studies 167 (2):473-484.
    I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...)
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  • Two Claims About Desert.Nathan Hanna - 2013 - Pacific Philosophical Quarterly 94 (1):41-56.
    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 (...)
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  • (1 other version)The secret joke of Kant’s soul.Joshua Greene - 2007 - In Walter Sinnott-Armstrong (ed.), Moral Psychology, Volume 3: The Neuroscience of Morality: Emotion, Brain Disorders, and Development. MIT Press.
    In this essay, I draw on Haidt’s and Baron’s respective insights in the service of a bit of philosophical psychoanalysis. I will argue that deontological judgments tend to be driven by emotional responses, and that deontological philosophy, rather than being grounded in moral reasoning, is to a large extent3 an exercise in moral rationalization. This is in contrast to consequentialism, which, I will argue, arises from rather different psychological processes, ones that are more “cognitive,” and more likely to involve genuine (...)
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  • The ends of harm: the moral foundations of criminal law.Victor Tadros - 2011 - New York: Oxford University Press.
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  • Criminal Justice without Retribution.Erin I. Kelly - 2009 - Journal of Philosophy 106 (8):440-462.
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  • 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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  • Moral responsibility and ignorance.Michael J. Zimmerman - 1997 - Ethics 107 (3):410-426.
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  • Controlling ignorance: A bitter truth.Michael J. Zimmerman - 2002 - Journal of Social Philosophy 33 (3):483–490.
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  • The common structure of virtue and desert.Thomas Hurka - 2001 - Ethics 112 (1):6-31.
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  • (6 other versions)The Right and the Good.W. D. Ross - 1930 - International Journal of Ethics 41 (3):343-351.
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  • On What Matters: Volume Three.Derek Parfit - 2011 - Oxford University Press UK.
    Derek Parfit presents the third volume of On What Matters, his landmark work of moral philosophy. Parfit develops further his influential treatment of reasons, normativity, the meaning of moral discourse, and the status of morality. He engages with his critics, and shows the way to resolution of their differences.
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  • Retributivism In Extremis.Douglas Husak - 2013 - Law and Philosophy 32 (1):3-31.
    I defend two objections to Tadros’s views on punishment. First, I allege that his criticisms of retributivism are persuasive only against extreme versions that provide no justificatory place for instrumentalist objectives. His attack fails against a version of retributivism that recognizes a chasm between what offenders deserve and the allthings-considered permissibility of treating offenders as they deserve. Second, I critique Tadros’s duty view – his alternative theory of punishment. Inter alia, I object that he derives principles from highly unusual examples (...)
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  • On What Matters: Two-Volume Set.Derek Parfit - 2011 - New York: Oxford University Press.
    This is a major work in moral philosophy, the long-awaited follow-up to Parfit's 1984 classic Reasons and Persons, a landmark of twentieth-century philosophy. Parfit now presents a powerful new treatment of reasons and a critical examination of the most prominent systematic moral theories, leading to his own ground-breaking conclusion.
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  • Punishment and justification.Mitchell N. Berman - 2008 - Ethics 118 (2):258-290.
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  • (6 other versions)The Right and the Good.W. D. Ross - 1932 - The Monist 42:157.
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  • Distributive justice and compensatory desert.Serena Olsaretti - 2003 - In Desert and justice. New York: Oxford University Press.
    The compensatory desert argument is an argument that purports to justify inequalities in (some) incomes generated by a free labour market. It holds, first, that the principle of compensation is a principle of desert; second, that a distribution justified by a principle of desert is just; and third, that (some) rewards people reap on a free labour market are compensation for costs they incur. It concludes that therefore, a distribution of (some) rewards generated by a free labour market is just. (...)
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  • Distributive Justice: Getting What We Deserve From Our Country.Fred Feldman - 2016 - Oxford, GB: Oxford University Press UK.
    Everyone agrees that justice is a profoundly important value. People march and protest to demand it; more than a few have died in its pursuit. Yet when we stop to reflect on what makes for justice, or try to state in a clear way what we mean when we speak of justice, we may be perplexed. But if you are going to die in defense of some value, it is important for you to have a fairly clear conception of what (...)
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  • Free Will and Reasonable Doubt.Benjamin Vilhauer - 2009 - American Philosophical Quarterly 46 (2):131-140.
    The goal of this paper is to explain and defend the following argument: (1) If it can be reasonably doubted that someone had free will with respect to some action, then it is a requirement of justice to refrain from doing serious retributive harm to him in response to that action. (2) Anyone who believes the free will debate to be philosophically valuable must accept that it can be reasonably doubted that anyone ever has free will. (3) Therefore, anyone who (...)
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  • Punishment and desert: A reply to Dolinko.John Martin Fischer - 2006 - Ethics 117 (1):109-118.
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  • Crime and Culpability: A Theory of Criminal Law.Larry Alexander, Kimberly Kessler Ferzan & Stephen J. Morse - 2009 - New York: Cambridge University Press. Edited by Kimberly Kessler Ferzan & Stephen J. Morse.
    This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...)
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  • (1 other version)Is Desert in the Details?Christopher Freiman & Shaun Nichols - 2010 - Philosophy and Phenomenological Research 82 (1):121-133.
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  • Rehabilitating Retributivism.Mitchell N. Berman - 2013 - Law and Philosophy 32 (1):83-108.
    This review essay of Victor Tadros’s new book, “The Ends of Harm: The Moral Foundations of Criminal Law,” responds to Tadros’s energetic and sophisticated attacks on retributivist justifications for criminal punishment. I argue, in a nutshell, that those attacks fail. In defending retributivism, however, I also sketch original views on two questions that retributivism must address but that many or most retributivists have skated past. First, what do wrongdoers deserve – to suffer? to be punished? something else? Second, what does (...)
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  • (1 other version)They Deserve to Suffer.Lawrence H. Davis - 1972 - Analysis 32 (4):136 - 140.
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  • Three Analysis Retributivists.Jan Narveson - 1974 - Analysis 34 (6):185 - 193.
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  • (2 other versions)Desert.Jeffrie G. Murphy & George Sher - 1990 - Philosophical Review 99 (2):280.
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  • (1 other version)Is Desert in the Details?1.Christopher Freiman & Shaun Nichols - 2010 - Philosophy and Phenomenological Research 82 (1):121-133.
    Modern political philosophers have been notoriously reluctant to recognize desert in their theories of distributive justice.2 A large measure of the philosophical resistance to desert can be attributed to the fact that much of what people possess ultimately derives from brute luck. If a person’s assets come from brute luck, then she cannot be said truly to deserve those assets. John Rawls suggests that this idea is “one of the fixed points of our considered judgments;”3 Eric Rakowski calls it “uncontroversial;”4 (...)
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  • (1 other version)They deserve to suffer.Lawrence H. Davis - 1972 - Analysis 32 (4):136.
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  • (6 other versions)The Right and the Good.W. D. Ross - 1931 - Mind 40 (159):341-354.
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  • Comparative desert.Shelley Kagan - 2003 - In Serena Olsaretti (ed.), Desert and justice. New York: Oxford University Press. pp. 93--122.
    Serena Olsaretti brings together new essays by leading moral and political philosophers on the nature of desert and justice, their relations with each other and with other values.
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  • Three "Analysis" retributivists.Jan Narveson - 1974 - Analysis 34 (6):185.
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