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 the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...) Shelly Kagan uses a similar claim to motivate the view that equality is not intrinsically valuable. Thomas Hurka argues that desert is a third-order value, which is a function of the relation between the second-order value of having a virtuous or vicious character and the first-order value of experiencing pleasure or pain. In this paper, we sketch a theory of desert as fittingness and defend a general account of the relation between desert, well-being, and intrinsic value. We then discuss various applications of our “geometry of desert,” including a solution to the problem of the Repugnant Conclusion. In so doing, we explain, revise, and extend many of these authors’ central ideas. (shrink)

Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...) retained the claim of inheritance given the loss of wealth and disinheritance that often characterizes families. There are also problems in determining the amount of inheritance. This is in part because of the problems of calculating in the effects of offsets, especially crime-related offsets, which are owed by a significant portion of the descendants. Even if this inheritance claim can be established with sufficient confidence certain entities may not be asked to pay it. The federal government does not owe compensation since as a historical matter it permitted but did not cause enslavement. The beneficiaries of slavery do not owe compensation since merely receiving the benefit of an unjust activity does not by itself generate a debt of compensation. When combined these problems constitute an overwhelming case against reparations. (shrink)

The most valuable player (MVP) of an athletic league is the single best individual player in the league. The MVP award is the institutional recognition of this person, and it is the highest annual award that a player can receive. Despite its widespread consideration and importance, we argue that the concept of the MVP is a fundamentally vague concept. In the context of professional sports, however, such a vague category is valuable in that it promotes the active discussion of different (...) types of excellence found within a specific sport and the weight to be assigned these types, thus leading to a gain for the discussants. (shrink)

In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.

If people have stringent moral rights, then the doctrine of double effect is false or unimportant, at least when it comes to making acts permissible or wrong. There are strong and weak versions of the doctrine of double effect. The strong version asserts that an act is morally right if and only if the agent does not intentionally infringe a moral norm and the act brings about a desirable result (perhaps the best state of affairs available to the agent or (...) a promotion of the common good). The weak version asserts that, other things being equal, it is deontically worse to intentionally infringe a norm than to foreseeably do so. A person’s intention or mere foresight might still be relevant to his or her blameworthiness or virtue, but this is a separate issue. (shrink)

Responsibility is impossible because there is no responsibility-maker and there needs to be one if people are morally responsible. The two most plausible candidates, psychology and decision, fail. A person is not responsible for an unchosen psychology or a psychology that was chosen when the person is not responsible for the choice. This can be seen in intuitions about instantly-created and manipulated people. This result is further supported by the notion that, in general, the right, the good, and virtue rest (...) on the exercise of a capacity rather than the capacity itself. It is also supported by the notion that negligence is not a responsibility-maker. ​ A person is not responsible for a choice that does not reflect his psychology or that does reflect it when he is not responsible for the psychology. This can be seen by considering intuitions regarding acts that are unconnected or arbitrarily connected to a person’s psychology. It can also be seen intuitions about acts that result from a manipulated psychology. The problem with choice as a foundation can be further seen in that an infinite or self-created person would not be responsible despite these superhuman choice-related features. (shrink)

This book is an analysis and evaluation of torture. My take on torture is unique for four reasons. First, it provides a distinct analysis of what torture is. Second, it argues that on non-consequentialist grounds, specifically rights-based ones, torture is sometimes permissible. Third, it argues that torturers are not always vicious. Fourth, it argues that it is plausible that these conclusions apply to some real world cases. In short, it fills the following gap: it evaluates torture from a rights-based perspective (...) and finds that in some cases it is permissible. My book is a unique philosophical exploration of torture. It combines a philosophical analysis of torture with a moral evaluation of it. The philosophical analysis of torture has not received a lot of attention. My analysis defends a minimal view of torture and one that distinguishes the analysis of the concept of torture from the moral evaluation of it. The resulting theory, the minimalist theory, differs noticeably from other analyses. My moral evaluation of torture sharply differs from the rest of the literature. The evaluation focuses on the non-consequentialist approach to morality, that is, it assumes that what makes an action right is not solely whether it brings about the best results. Using the central feature of non-consequentialism, moral rights, I argue that torture is justified in a number of theoretical contexts, including defense, punishment, and when the person to be tortured consents. I then look at the actual world and argue that it is plausible to think that there are real-world cases where torture is justified. My analysis also looks at whether torture is virtuous in an attempt to get at what intuitively repels us about torture. My analysis is not only the first look at the issue, but it also ties in with recent developments in virtue theory. As in the analysis of the permissibility of torture, I try to show that my findings with regard to virtue are not merely of theoretical interest, but are plausible given some real-world cases. (shrink)

In summary, Hellman’s book is well worth reading. It is powerful, well-written, and interesting and explains much of the prominent case law on discrimination. Her theory, however, is false because her explanation of wrongful discrimination fails to track a wrong-making feature. Her theory does not focus on a right-infringement in or unfair treatment of the person whom is discriminated against. It also does not focus on an incorrect attitude in the person who discriminates. These intuitively seem to exhaust the reasons (...) that make an act wrong because it wrongs someone. Her account of wrongful discrimination fails to identify the correct wrong-making feature. (shrink)