Giving Desert Its Due


Book Description

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.




Basic Desert, Reactive Attitudes and Free Will


Book Description

We blame, praise, punish, and benefit people on the basis of what we believe they deserve. Basic Desert, Reactive Attitudes and Free Will discusses whether such a notion of desert even makes sense and, if so, why exactly. Can we make sense of the widespread conviction that we are morally responsible beings? Do we deserve to be blamed and punished for our immoral actions, and how can this be justified given the philosophical and scientific reasons to believe that we lack the sort of free will required for this sort of desert? This book was originally published as a special issue of Philosophical Explorations.




Freedom of Speech and Its Limits


Book Description

In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most fundamental and most beneficial to citizens - and which are denied to them by the government. But in a by-and large democratic polity, where these fundamental benefits of freedom of speech are generally enjoyed by the citizens, the public and scholarly discourse on freedom of speech hovers about the peripheries of that freedom; the focus is on its outer boundaries rather than at the central territory of freedom of speech. Those borderline cases, in which people who are otherwise genuinely committed to the core aspects of freedom of speech may sincerely disagree, include pornography, racist hate speech and religious bigoted expressions, defamation of politicians and of private persons, contempt of court, incitement to violence, disclosure of military or commercial secrets, advertising of merchandise such as alcohol or cigarettes or of services and entertainment such as gambling and prostitution.




The Geometry of Desert


Book Description

The Geometry of Desert explores the hidden complexity of moral desert. Using graphs to illustrate and contrast alternative views, it carefully investigates the various ways in which the value of an outcome varies when people get (or fail to get) what they deserve.




Desert and Justice


Book Description

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. Does justice require that individuals get what they deserve? What exactly is involved in giving people what they deserve? Does treating people as responsible agents require that we make room for desert in the economic sphere, as well as in the attribution of moral praise and blame and in the dispensing of punishment? How does respecting desert square with considerations of equality? Does desert, like justice, have a comparative aspect? These are questions of great practical as well as theoretical importance: this book is unique in offering a sustained examination of them from various perspectives.




The Nature of Desert Claims


Book Description

Offers a new approach to understanding the concept of desert and its relationship to justice.




Basic Desert, Reactive Attitudes and Free Will


Book Description

Basic Desert, Reactive Attitudes and Free Will addresses the issue of whether we can make sense of the widespread conviction that we are morally responsible beings. It focuses on the claim that we deserve to be blamed and punished for our immoral actions, and how this claim can be justified given the philosophical and scientific reasons to believe that we lack the sort of free will required for this sort of desert. Contributions to the book distinguish between, and explore, two clusters of questions. The first asks what it is to deserve to be harmed or benefitted. What are the bases for desert – actions, good character, bad character, the omission of good character traits? The second cluster explores the disagreement between compatabilists and incompatibilists surrounding the nature of desert. Do we deserve to be harmed, benefitted, or judged, even if we lack the ability to act differently, and if we do not, what effect does this have on our everyday actions? Taken in full, this book sheds light on the notion of desert implicated in our practice of holding each other morally responsible. This book was originally published as a special issue of Philosophical Explorations.




The Limits of Blame


Book Description

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.




Liberty, Desert and the Market


Book Description

Are inequalities of income created by the free market just? In this book Serena Olsaretti examines two main arguments that justify those inequalities: the first claims that they are just because they are deserved, and the second claims that they are just because they are what free individuals are entitled to. Both these arguments purport to show, in different ways, that giving responsible individuals their due requires that free market inequalities in incomes be allowed. Olsaretti argues, however, that neither argument is successful, and shows that when we examine closely the principle of desert and the notions of liberty and choice invoked by defenders of the free market, it appears that a conception of justice that would accommodate these notions, far from supporting free market inequalities, calls for their elimination. Her book will be of interest to a wide range of readers in political philosophy, political theory and normative economics.




Desert and Virtue


Book Description

Desert and Virtue: A Theory of Intrinsic Value presents a comprehensive examination of desert and what makes people deserve things. Stephen Kershnar demonstrates how desert relates to virtue, good deeds, moral responsibility, and personal change and growth through the life process. He persuasively argues that desert is a function that relates well-being, intrinsic value, and a 'ground,' which is defined as a person's character or act. Kershnar also explores whether his theory is consistent with the limited responsibility people have for who they are. Desert and Virtue's insightful analysis will be particularly useful for those interested in philosophy, religion, and other fields that touch on value theory.