Most of us intuitively take discrimination based on gender or ethnicity to be impermissible because we have a right to be treated on the basis of merit and capacity rather than e.g. ethnicity or gender. I call this suggestion the Impermissibility Account. I argue that, despite how the Impermissibility Account seems intuitive to most of us with a humanist outlook, it is indefensible. I show that well-informed discrimination can sometimes be permissible, and even morally required, meaning we cannot have a (...) strict right not to be discriminated against. I then propose an alternative and more plausible account which I call the Fairness and Externalities Account, arguing that acts of discrimination are wrong partly because they are unfair and partly because they create harmful externalities which—analogously to pollution—there is a collective responsibility to minimize. Both of these factors are however defeasible, meaning that if the Fairness and Externalities Account is correct, then discrimination is sometimes permissible. These results are counterintuitive, and suggest that the ethics of discrimination requires further attention. (shrink)

The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this wrong is the abolition of (...) the death penalty. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, and (...) it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers. (shrink)

Victor Tadros claims that punishment must be justified either instrumentally or on the grounds that deserved punishment is intrinisically good. However, if we have deontic reasons to punish wrongdoers then these reasons could justify punishment non-instrumentally. Morever, even if the punishment of wrongdoers is intrinsically good this fact cannot contribute to the justication of punishment because goodness is not a reason-giving property. It follows that retributivism is both true and important only if we have deontic reasons to punish. Tadros also (...) claims that the constitutive aim of punishment is to inflict harm or suffering on offenders. On the contrary, the constitutive aim of retributive punishment is to inflict wrongs on offenders that are proportionate to the wrongs they commit. Indeed, punishment should involve the least harmful wrong that is proportionate to the wrongfulness of the offense, adequate to facilitate recognition, and conducive to deterrence. (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)

Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two (...) recent attempts, by Thomas Hurka and Michael Cholbi respectively, to defend the view that ‘levelling down’ (that is, reducing the punishment imposed on a criminal from the punishment he absolutely deserves to a less severe punishment in order to achieve proportionality relative to the criminals who have escaped the punishment they absolutely deserve) is, in the context of capital punishment, morally permissible. We argue that both Hurka and Cholbi fail to show why the arbitrariness and discrimination objection impugns the death penalty. (shrink)

W. D. Ross thinks it is good, other things equal, that people get what they deserve. But he denies that "the principle of punishing the vicious, for the sake of doing so, is that on which the state should proceed in its bestowal of punishments." Ross offers two main arguments for this denial: what I call the "scope argument" and the "state's purpose argument." I argue that both fail. In doing so, I illuminate Ross's distinctive views about desert and the (...) state. (shrink)

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.

Basic desert is central to the dispute between compatibilists and incompatibilists over the four-case manipulation argument. I argue that there are two distinct ways of understanding the desert salient to moral responsibility; moral desert can be understood as a claim about fitting responses to an agent or as a claim about the merit of the agent. Failing to recognize this distinction has contributed to a stalemate between both sides. I suggest that recognizing these distinct approaches to moral desert will help (...) clarify a central source of disagreement between compatibilists and incompatibilists and assist both sides in resolving the current stalemate. (shrink)

Desert plays a central role in most contemporary theories of retributive justice, but little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. I consider several popular arguments against the use of desert in distributive justice, and argue that none of them can be used to justify the asymmetry.

The aim of the paper is to investigate how retributivists should respond to the apparent tension between moral desert and proportionality in punishment. I argue that rather than attempting to show that the term ‘proportionate punishment’ refers to whatever penal treatment the offender morally deserves, retributivists should maintain two things: first, that a punishment is proportionate when it is commensurate to the seriousness of the crime; second, that offenders morally deserve proportionate punishments. This view requires adopting a local theory of (...) desert as opposed to a holistic one. In the second part of the paper, I argue that there are indeed good reasons to adopt a local theory of desert. Once retributivism is seen through the lens of local desert, there is no obvious mistake in saying that offenders morally deserve punishments that are proportionate to the seriousness of their crimes. (shrink)

Women tend to earn less than their male colleagues. Furthermore, women tend to earn less than men who hold jobs that are nominally different but relevantly similar to their own. Advocates of ‘comparable worth’ protest these facts. Their protest sometimes takes this form: Those differences in pay between men and women are undeserved . The argument for this claim is simple. Some facts are relevant to the wage one deserves for performing a given job; some are not. In the vast (...) majority of cases, the argument continues, gender is not relevant to the wage one deserves; relevant are, say, the skill, responsibility, and working conditions required by the job. When jobs are comparable with respect to these facts, those who work in them deserve equal pay. Therefore, women and men who work the very same jobs deserve equal pay; likewise for women and men whose jobs are nominally different but relevantly similar. (shrink)

1. Introduction. In a famous passage near the beginning of A Theory of Justice, John Rawls discusses utilitarianism’s notorious difficulties with justice. According to classic forms of utilitarianism, a certain course of action is morally right if it produces the greatest sum of satisfactions. And, as Rawls points out, the perplexing implication is “…that it does not matter, except indirectly, how this sum of satisfactions is distributed among individuals any more than it matters, except indirectly, how one man distributes his (...) satisfactions over time.” He concludes the passage by saying that “[u]tilitarianism does not take seriously the distinction between persons.”. (shrink)

People ought to get what they deserve. And what we deserve can depend on effort, performance, or on excelling in competition, even when excellence is partly a function of our natural gifts. Or so most people believe. Philosophers sometimes say otherwise. At least since Karl Marx complained about capitalist society extracting surplus value from workers, thereby failing to give workers what they deserve, classical liberal philosophers have worried that to treat justice as a matter of what people deserve is to (...) license interference with liberty. Rawls likewise rejected patterns imposed by principles of desert, calling it “one of the fixed points of our considered judgments that no one deserves his place in the distribution of natural endowments, any more than one deserves one’s initial starting place in society. The assertion that a man deserves the superior character that enables him to make the effort to cultivate his abilities is equally problematic; for his character depends in large part upon fortunate family and social circumstances for which he can claim no credit. The notion of desert seems not to apply to these cases.” Rawls’s view is, in a way, compelling. Inevitably, our efforts are aided by natural gifts, positional advantages, and sheer luck, so how much can we deserve? And if our very characters result from an interplay of these same factors, how can we (capitalists and proletariat workers alike) deserve anything at all? Samuel Scheffler says, “none of the most prominent contemporary versions of philosophical liberalism assigns a significant role to desert at the level of fundamental principle.” If so, I argue, the most prominent contemporary versions of philosophical liberalism are mistaken. In particular, there is an aspect of what we do to make ourselves deserving that, although it has not been discussed in the literature, plays a central role in everyday moral life, and for good reason. (shrink)

This article offers a definition of microaggressions that picks out a distinct injustice, and defines the injustice in question as structural. The article also argues that to be a relational egalitarian requires considering our social norms and social practices: the kinds of things that produce microaggressions and so structure socially unequal relations.

The article argues that discrimination is bad as such when and because it undermines equality of opportunity. It shows, first, that other accounts, such as those concerning intent, efficiency, false representation, prejudice, respect and desert cannot account for the badness of discrimination as such. The inequality of opportunity account, in contrast, captures everything that is bad about discrimination. The article then addresses some counter-examples of practices that are discriminatory without arguably entailing inequality of opportunity, where the notable case is that (...) of segregation. It is further demonstrated that the account successfully handles some of the tricky aspects associated with discrimination, such as those concerning the confinement of discrimination to salient groups, discriminatees by means of financial compensation, in the selection of life partners, and the duties of employers. (shrink)

Justice is a constant and perpetual will to give every man his due. The principles of law are these: to live virtuously, not to harm others, to give his due to everyone. Jurisprudence is the knowledge of divine and human things, the science of the just and the unjust. Law is the art of goodness and justice. By virtue of this [lawyers] may be called priests, for we cherish justice and profess knowledge or goodness and equity, separating right from wrong (...) and legal from the illegal. (shrink)

1. Introduction. In a famous passage near the beginning of A Theory of Justice, John Rawls discusses utilitarianism’s notorious difficulties with justice. According to classic forms of utilitarianism, a certain course of action is morally right if it produces the greatest sum of satisfactions. And, as Rawls points out, the perplexing implication is “…that it does not matter, except indirectly, how this sum of satisfactions is distributed among individuals any more than it matters, except indirectly, how one man distributes his (...) satisfactions over time.” He concludes the passage by saying that “[u]tilitarianism does not take seriously the distinction between persons.”. (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)

Beyond the world, i.e. beyond the collection of finite things, there is some one being who rules, not only as the soul is the ruler in me (or, to put it better, as the self is the ruler in my body), but also in a much higher way. For the one being who rules the universe doesn’t just •govern the world but also •builds or makes it. He is above the world and outside it, so to speak, and therefore he (...) is the ultimate reason for things. ·That follows because •he is the only extramundane thing, i.e. the only thing that exists out of the world; and •nothing in the world could be the ultimate reason for things. I now explain that second premise·. We can’t find in any individual thing, or even in the entire collection and series of things, a sufficient reason why they exist. Suppose that a book on the elements of geometry has always existed, each copy made from an earlier one, ·with no first copy·. We can.. (shrink)

M y aim in this paper will be to show that the concept of desert remains an important and useful concept even if one supposes that the justification of praise, blame, punishment, and reward lies solely in their influence on behaviour. The argument will be incomplete, however. I will discuss only deserved legal punishment, the broader notion of deserved harm, and, briefly, deserved blame.

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

Retributivist approaches to the philosophy of punishment are usually based on certain claims related to moral desert. I focus on one such principle:Censuring Principle : There is a moral reason to censure guilty wrongdoers aversively.Principles like CP are often supported by the construction of examples similar to Kant’s ‘desert island’. These are meant to show that there is a reason for state officials to punish deserving wrongdoers, even if none of the familiar goals of punishment, such as deterrence, will be (...) achieved. When suitable variants of such examples are presented, however, it is evident that there cannot be much reason to punish such wrongdoers, even if there is some. The same problem besets claims that there is intrinsic value in the suffering of wrongdoers, or that wrongdoers deserve to suffer. All such claims are relatively weak normatively. (shrink)

My response to Shelly Kagan’s book, The Geometry of Desert, is to raise both general and more specific issues. I criticise Kagan’s way of setting up his project. I will suggest many factors other than desert better explain Kagan’s cases. I then examine more particular aspects of the project. I investigate Kagan’s discussion of what he calls the V-shaped skyline. According to Kagan, the V-shaped skyline represents the idea that it is more important that the very vicious and the very (...) virtuous get what they deserve than that the morally neutral get what they deserve. He finds this view attractive. I will suggest that the V-shaped skyline does not represent Kagan’s idea, and that there are independent reasons to reject the V-shaped skyline. Finally, I explore the possibility that Kagan’s account of desert implies that we have reasons not only to alter people’s levels of well-being to fit their levels of virtue, but also reasons to alter people’s levels of virtue to fit their levels of well-being. Kagan’s way of representing desert suggests that we have such reasons. However, I argue that it is implausible that we do. This casts doubt on Kagan’s way of understanding desert. (shrink)