Results for 'desert'

143 found
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  1. Basic Desert of Reactive Emotions.Zac Cogley - 2013 - Philosophical Explorations 16 (2):165-177.
    In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions – appraisal, communication, and sanction – that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.
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  2. Enhancement & Desert.Thomas Douglas - forthcoming - Politics, Philosophy and Economics.
    It is sometimes claimed that those who succeed with the aid of enhancement technologies deserve the rewards associated with their success less, other things being equal, than those who succeed without the aid of such technologies. This claim captures some widely held intuitions, has been implicitly endorsed by participants in social-psychological research, and helps to undergird some otherwise puzzling philosophical objections to the use of enhancement technologies. I consider whether it can be provided with a rational basis. I examine three (...)
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  3. Desert, Control, and Moral Responsibility.Douglas W. Portmore - 2019 - Acta Analytica 34 (4):407-426.
    In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...)
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  4. Partial Desert.Tamler Sommers - forthcoming - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility. Oxford University Press.
    Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are (...)
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  5. Punishment, Desert, and Equality: A Levinasian Analysis.Benjamin S. Yost - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Zeman Scott (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham UP.
    The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After (...)
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  6. Responsibility, Desert, and Justice.Carl Knight - 2011 - In Carl Knight & Zofia Stemplowska (eds.), Responsibility and Distributive Justice. Oxford University Press.
    This chapter identifies three contrasts between responsibility-sensitive justice and desert-sensitive justice. First, while responsibility may be appraised on prudential or moral grounds, it is argued that desert is necessarily moral. As moral appraisal is much more plausible, responsibility-sensitive justice is only attractive in one of its two formulations. Second, strict responsibility sensitivity does not compensate for all forms of bad brute luck, and forms of responsibility-sensitive justice like luck egalitarianism that provide such compensation do so by appealing to (...)
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  7. Some Theses on Desert.Randolph Clarke - 2013 - Philosophical Explorations 16 (2):153-64.
    Consider the idea that suffering of some specific kind is deserved by those who are guilty of moral wrongdoing. Feeling guilty is a prime example. It might be said that it is noninstrumentally good that one who is guilty feel guilty (at the right time and to the right degree), or that feeling guilty (at the right time and to the right degree) is apt or fitting for one who is guilty. Each of these claims constitutes an interesting thesis about (...)
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  8. Priority and Desert.Matthew Rendall - 2013 - Ethical Theory and Moral Practice 16 (5):939-951.
    Michael Otsuka, Alex Voorhoeve and Marc Fleurbaey have challenged the priority view in favour of a theory based on competing claims. The present paper shows how their argument can be used to recast the priority view. All desert claims in distributive justice are comparative. The stronger a party’s claims to a given benefit, the greater is the value of her receiving it. Ceteris paribus, the worse-off have stronger claims on welfare, and benefits to them matter more. This can account (...)
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  9. 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 (...) at our disposal – one that may lend our intuitions more credibility. (shrink)
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  10. Explaining the Geometry of Desert.Neil Feit & Stephen Kershnar - 2004 - Public Affairs Quarterly 18:273.
    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 (...)
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  11. Compatibilism and Retributivist Desert Moral Responsibility: On What is of Central Philosophical and Practical Importance.Gregg D. Caruso & Stephen G. Morris - 2017 - Erkenntnis 82 (4):837-855.
    Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk (...)
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  12.  64
    Desert” in social housing: Does non-consequentialist moral assessment of an applicant’s past have a legitimate role in the allocation of social housing assistance?Matthew James Waddington - 2004 - Dissertation, Keele University
    After three decades in which needs, rights and egalitarianism have dominated the moral agenda among supporters of social housing, desert is making a controversial come-back. I argue that desert as a moral concept is useful but is secondary to other moral forces, rather than being a primary driving force itself. Its job is to allow us to factor responsibility into our moral interactions with others. Desert suffers from having kept bad company, and I outline the still resonant (...)
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  13.  46
    Desert of Blame.Randolph Clarke - forthcoming - Philosophy and Phenomenological Research.
    The blameworthy deserve blame. So runs a platitude of commonsense morality. My aim here is to set out an understanding of this desert claim (as I call it) on which it can be seen to be a familiar and attractive aspect of moral thought. I conclude with a response to a prominent denial of the claim.
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  14. Brute luck equality and desert.Peter Vallentyne - 2003 - In Sabrina Olsaretti (ed.), Desert and Justice. Clarendon Press. pp. 169--185.
    In recent years, interest in desert-based theories of justice has increased, and this seems to represent a challenge to equality-based theories of justice.[i] The best distribution of outcomeadvantage with respect to desert, after all, need not be the most equal distribution of outcomeadvantage. Some individuals may deserve more than others. Outcome egalitarianism is, however, implausible, and so the conflict of outcome desert with outcome equality is of little significance.[ii] Most contemporary versions of egalitarianism are concerned with neutralizing (...)
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  15. Does Division Multiply Desert?Theron Pummer - 2014 - Philosophical Review 123 (1):43-77.
    It seems plausible that (i) how much punishment a person deserves cannot be affected by the mere existence or nonexistence of another person. We might have also thought that (ii) how much punishment is deserved cannot increase merely in virtue of personal division. I argue that (i) and (ii) are inconsistent with the popular belief that, other things being equal, when people culpably do very wrong or bad acts, they ought to be punished for this—even if they have repented, are (...)
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  16. Realism in the Desert.Achille C. Varzi - 2014 - In Massimo Dell’Utri, Fabio Bacchini & Stefano Caputo (eds.), Realism and Ontology without Myths. Cambridge Scholars Press. pp. 16–31.
    Quine’s desert is generally contrasted with Meinong’s jungle, as a sober ontological alternative to the exuberant luxuriance that comes with the latter. Here I focus instead on the desert as a sober metaphysical alternative to the Aristotelian garden, with its tidily organized varieties of flora and fauna neatly governed by fundamental laws that reflect the essence of things and the way they can be, or the way they must be. In the desert there are no “natural joints”; (...)
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  17. (Un)just Deserts: The Dark Side of Moral Responsibility.Gregg D. Caruso - 2014 - Southwest Philosophy Review 30 (1):27-38.
    What would be the consequence of embracing skepticism about free will and/or desert-based moral responsibility? What if we came to disbelieve in moral responsibility? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some maintain? Or perhaps increase anti-social behavior as some recent studies have suggested (Vohs and Schooler 2008; Baumeister, Masicampo, and DeWall 2009)? Or would it (...)
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  18. Distributive and retributive desert in Rawls.Jake Greenblum - 2010 - Journal of Social Philosophy 41 (2):169-184.
    In this paper I examine John Rawls’s understanding of desert. Against Samuel Scheffler, I maintain that the reasons underlying Rawls’s rejection of the traditional view of distributive desert in A Theory of Justice also commit him to rejecting the traditional view of retributive desert. Unlike Rawls’s critics, however, I view this commitment in a positive light. I also argue that Rawls’s later work commits him to rejecting retributivism as a public justification for punishment.
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  19. Why not be a desertist?: Three arguments for desert and against luck egalitarianism.Huub Brouwer & Thomas Mulligan - 2019 - Philosophical Studies 176 (9):2271-2288.
    Many philosophers believe that luck egalitarianism captures “desert-like” intuitions about justice. Some even think that luck egalitariansm distributes goods in accordance with desert. In this paper, we argue that this is wrong. Desertism conflicts with luck egalitarianism in three important contexts, and, in these contexts, desertism renders the proper moral judgment. First, compared to desertism, luck egalitarianism is sometimes too stingy: it fails to justly compensate people for their socially valuable contributions—when those contributions arose from “option luck”. Second, (...)
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  20. It’s (Almost) All About Desert: On the Source of Disagreements in Responsibility Studies.Fernando Rudy-Hiller - 2021 - Southern Journal of Philosophy 59 (3):386-404.
    In this article I discuss David Shoemaker’s recently published piece “Responsibility: The State of the Question. Fault Lines in the Foundations.” While agreeing with Shoemaker on many points, I argue for a more unified diagnosis of the seemingly intractable debates that plague (what I call) “responsibility studies.” I claim that, of the five fault lines Shoemaker identifies, the most basic one is about the role that the notion of deserved harm should play in the theory of moral responsibility. I argue (...)
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  21.  37
    The Revolt In The Desert (Journey on English Literature from India to the USA).Rituparna Ray Chaudhuri - 2022 - Bloomington, Indiana, United States: Partridge Publishing In Association to Penguin Random House.
    Brief: Analysis on English and British Literature widely along-with creative genre, on using different styles of linguistic capability at different types of Essays, reflected now on recent book 'The Revolt in the Desert (Journey on English Literature from India to USA).
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  22. Free Will Skepticism and Personhood as a Desert Base.Benjamin Vilhauer - 2009 - Canadian Journal of Philosophy 39 (3):489-511.
    In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief (...)
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  23. Justice, Claims and Prioritarianism: Room for Desert?Matthew D. Adler - 2016
    Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content (...)
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  24.  50
    Review of Daniel Dennett and Gregg D. Caruso Just Deserts: Debating Free Will[REVIEW]Robert H. Wallace - forthcoming - Journal of Moral Philosophy.
    This is a review of Daniel Dennett and Gregg D. Caruso's Just Deserts: Debating Free Will.
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  25.  3
    Egalitarianism, Responsibility, and Desert.Christopher Woodard - 2000 - In Patrick Grim, Kenneth Baynes, Peter Ludlow & Gary Mar (eds.), The Philosopher's Annual. Atascadero: Ridgeview. pp. 277-296.
    This paper discusses the roles of responsibility and desert in egalitarian theories of justice. It contrasts two main views of their relationship with justice: one according to which what justice requires depends on what people deserve (or are responsible for), and the other according to which what people deserve (or are responsible for) depends on what justice requires. The paper discusses how to interpret Rawls's remarks on desert in light of this distinction.
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  26.  48
    Responsibility, Free Will, and the Concept of Basic Desert.Leonhard Menges - forthcoming - Philosophical Studies:1-22.
    Many philosophers characterize a particularly important sense of free will and responsibility by referring to basically deserved blame. But what is basically deserved blame? The aim of this paper is to identify the appraisal entailed by basic desert claims. It presents three desiderata for an account of desert appraisals and it argues that important recent theories fail to meet them. Then, the paper presents and defends a promising alternative. The basic idea is that claims about basically deserved blame (...)
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  27. Minds, Brains, and Desert: On the relevance of neuroscience for retributive punishment.Alva Stråge - 2019 - Dissertation, University of Gothenburg
    It is a common idea, and an element in many legal systems, that people can deserve punishment when they commit criminal (or immoral) actions. A standard philosophical objection to this retributivist idea about punishment is that if human choices and actions are determined by previous events and the laws of nature, then we are not free in the sense required to be morally responsible for our actions, and therefore cannot deserve blame or punishment. It has recently been suggested that this (...)
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  28. Free will skepticism and personhood as a desert base.Benjamin Vilhauer - 2009 - Canadian Journal of Philosophy 39 (3):pp. 489-511.
    In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief (...)
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  29. Review of Gilles Deleuze, Desert Islands and Other Texts. [REVIEW]Daniel W. Smith - 2005 - Teaching Philosophy 28 (1):95-99.
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  30.  74
    Giving Executives Their Due: Just Pay, Desert and Equality.Alexander Andersson - 2021 - Dissertation, University of Gothenburg
    Before, during, and after the global financial crisis of 2008, executive pay practices were widely debated and criticized. Economists, philosophers, as well as the man on the street all seem to have strong feelings towards how much, in what ways, and on what grounds executives are paid. This thesis asks whether it is possible to morally justify current executive pay practices and, if so, on what grounds they are justified. It questions those who find no quarrel with pay practices due (...)
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  31. Free Will Skepticism and the Question of Creativity: Creativity, Desert, and Self-Creation.D. Caruso Gregg - 2016 - Ergo: An Open Access Journal of Philosophy 3.
    Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (...)
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  32. Beyond Moral Responsibility and Lesser-Evils: Moral Desert as a Supplementary Justification for Defensive Killing.James Murray - 2014 - Dissertation, Queen's University
    In recent years, philosopher Jeff McMahan has solidified an influential view that moral desert is irrelevant to the ethics of self-defense. This work aims to criticize this view by demonstrating that there are cases in which moral desert has a niche position in determining whether it may be permissible to kill a person in self- (or other-)defense. This is done by criticizing McMahan’s Responsibility Account of liability as being overly punitive against minimally responsible threateners (MRTs), and by demonstrating, (...)
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  33. Moral luck, control, and the bases of desert.David W. Concepcion - 2002 - Journal of Value Inquiry 36 (4):455-461.
    If we want to see justice done with regard to responsibility, then we must either (i) allow that people are never morally responsible, (iia) show that luck is not ubiquitous or at least that (iib) ubiquitous luck is not moral, or (iii) show that ascriptions of responsibility can retain justice despite the omnipresence of luck. This paper defends (iii); ascriptions of responsibility can be just even though luck is ubiquitous.
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  34. Thinking of Desert Against the Desert or Heidegger's Non-Topical Approach to Die Sache Selbst.Jethro Masís - 2011 - Janus Head. Journal of Interdisciplinary Studies in Literature, Continental Philosophy, Phenomenological Psychology, and the Arts 12 (1):314-331.
    This paper deals with prolegomenal stances required for a proper understanding of the paradoxical nature of Heidegger’s Sein und Zeit. It shall be argued that Heidegger’s magnum opus does not inquire into the meaning of being in order to render an answer to the so-called Seinsfrage. In fact, several answers have already been given traditionally, which are founded on the being/beings non-differentiation (being as God, substance, nature, subject, will and so forth), that is, being has been turned into a topic (...)
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  35.  37
    Daniel C. Dennett and Gregg D. Caruso. "Just Deserts: Debating Free Will.".Owen Crocker - 2022 - Philosophy in Review 42 (2):7-9.
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  36. Mexican Deaths in the Arizona Desert: The Culpability of Migrants, Humanitarian Workers, Governments, and Businesses.Julie Whitaker - 2009 - Journal of Business Ethics 88 (S2):365 - 376.
    Since the mid-1990s, there has been a rise in the number of deaths of undocumented Mexican migrants crossing the U.S./Mexican border. Who is responsible for these deaths? This article examines the culpability of (1) migrants, (2) humanitarian volunteers, (3) the Mexican government, (4) the U.S. government, and (5) U.S. businesses. A significant portion of the blame is assigned to U.S. free trade policies and U.S. businesses employing undocumented immigrants.
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  37. Do People Deserve their Economic Rents?Thomas Mulligan - 2018 - Erasmus Journal for Philosophy and Economics 11 (2):163-190.
    Rather than answering the broad question, ‘What is a just income?’, in this essay I consider one component of income—economic rent—under one understanding of justice—as giving people what they deserve. As it turns out, the answer to this more focused question is ‘no’. People do not deserve their economic rents, and there is no bar of justice to their confiscation. After briefly covering the concept of desert and explaining what economic rents are, I analyze six types of rent and (...)
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  38. Aquinas and Gregory the Great on the Puzzle of Petitionary Prayer.Scott Hill - 2018 - Ergo: An Open Access Journal of Philosophy 5.
    I defend a solution to the puzzle of petitionary prayer based on some ideas of Aquinas, Gregory the Great, and contemporary desert theorists. I then address a series of objections. Along the way broader issues about the nature of desert, what is required for an action to have a point, and what is required for a puzzle to have a solution are discussed.
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  39. The Three-Fold Significance of the Blaming Emotions.Zac Cogley - 2013 - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility. Oxford University Press. pp. 205-224.
    In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions—appraisal, communication, and sanction—that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.
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  40.  83
    Reason to Feel Guilty.Randolph Clarke & Piers Rawling - 2022 - In Andreas Brekke Carlsson (ed.), Self-Blame and Moral Responsibility. Cambridge: Cambridge University Press. pp. 217-36.
    Let F be a fact in virtue of which an agent, S, is blameworthy for performing an act of A-ing. We advance a slightly qualified version of the following thesis: -/- (Reason) F is (at some time) a reason for S to feel guilty (to some extent) for A-ing. -/- Leaving implicit the qualification concerning extent, we claim as well: -/- (Desert) S's having this reason suffices for S’s deserving to feel guilty for A-ing. -/- We also advance a (...)
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  41. Justice and the Meritocratic State.Thomas Mulligan - 2018 - New York: Routledge.
    Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...)
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  42. Consequentializing Moral Responsibility.Friderik Klampfer - 2014 - Croatian Journal of Philosophy (40):121-150.
    In the paper, I try to cast some doubt on traditional attempts to define, or explicate, moral responsibility in terms of deserved praise and blame. Desert-based accounts of moral responsibility, though no doubt more faithful to our ordinary notion of moral responsibility, tend to run into trouble in the face of challenges posed by a deterministic picture of the world on the one hand and the impact of moral luck on human action on the other. Besides, grounding responsibility in (...)
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  43. What Does a Professional Athlete Deserve?Gottfried Schweiger - 2014 - Prolegomena 13 (1):5-20.
    In this paper I sketch a possible answer to the question of what professional athletes deserve for their sporting activities. I take two different backgrounds into account. First, the content and meaning of desert is highly debated within political philosophy and many theorists are sceptical if it has any value for social justice. On the other hand sport is often understood as a meritocracy, in which all prizes or wins should be solely awarded based on merit. I will distinguish (...)
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  44. Persons, punishment, and free will skepticism.Benjamin Vilhauer - 2013 - Philosophical Studies 162 (2):143-163.
    The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore (...)
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  45. Deservingness Transfers.Knut Olav Skarsaune - 2020 - Utilitas 32 (2):209-218.
    This article seeks to cause trouble for a brand of consequentialism known as ‘desertarianism’. In somewhat different ways, views of this kind evaluate outcomes more favourably, other things equal, the better the fit between the welfare different people enjoy and the welfare they each deserve. These views imply that we can improve outcomes by redistributing welfare to fit desert, which seems plausible enough. Unfortunately, they also imply that we can improve outcomes by redistributing desert to fit welfare: in (...)
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  46. Free Will, Art and Morality.Paul Russell - 2008 - The Journal of Ethics 12 (3-4):307 - 325.
    The discussion in this paper begins with some observations regarding a number of structural similarities between art and morality as it involves human agency. On the basis of these observations we may ask whether or not incompatibilist worries about free will are relevant to both art and morality. One approach is to claim that libertarian free will is essential to our evaluations of merit and desert in both spheres. An alternative approach, is to claim that free will is required (...)
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  47. A Wild Roguery: Bruce Chatwin’s The Songlines Reconsidered.Christine Nicholls - 2019 - Text Matters - a Journal of Literature, Theory and Culture 9 (9):22-49.
    This article revisits, analyzes and critiques Bruce Chatwin’s 1987 bestseller, The Songlines,1 more than three decades after its publication. In Songlines, the book primarily responsible for his posthumous celebrity, Chatwin set out to explore the essence of Central and Western Desert Aboriginal Australians’ philosophical beliefs. For many readers globally, Songlines is regarded as a—if not the—definitive entry into the epistemological basis, religion, cosmology and lifeways of classical Western and Central Desert Aboriginal people. It is argued that Chatwin’s fuzzy, (...)
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  48.  60
    Responding to historical injustices: Collective inheritance and the moral irrelevance of group identity.Santiago Truccone-Borgogno - 2022 - European Journal of Political Theory 21 (Early View):1-20.
    I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same (...)
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  49. How Much Punishment Is Deserved? Two Alternatives to Proportionality.Thaddeus Metz & Mika’il Metz - 2022 - Philosophies 7 (2):1-13.
    When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, part of a special issue on the geometry of desert, we maintain that a desert theorist is not conceptually or otherwise required to (...)
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  50. Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System.Ken Levy - 2014 - Rutgers Law Review 66:629-684.
    Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...)
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