Stephen Kershnar

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.

Retributivism is the notion that punishment is justified because, and only because, the wrongdoer deserves it. Proportionality is central to retributivism. A proportional punishment is one in which the severity of a punishment is proportional to the seriousness of the offense (for example, its wrongness or harmfulness). Michael Tonry’s collection is must reading for punishments theorists. The articles are well-chosen and the reflections of theorists such as Andreas von Hirsch, R. A. Duff, and Douglas Husak who have shaped punishment theory and who now consider the future of the principles that have governed their work, makes for interesting reading. The tie-in between retributivism and the practice of punishment is enlightening and sometime too often absent in the philosophical literature.

In the context of state educational institutions, young white males are owed a duty to respect their interest or desert tokens. Not all white males have waived this duty since many white males have not performed the relevant types of culpable wrongdoing. Merely having benefitted from an unjust injury act or being a member of a community that owe a debt of compensation to racial minorities and women are not sufficient grounds to override the duty owed to the white male. Since the three most plausible attempts to provide a compensatory justice justification for strong affirmative action programs at state educational institutions fail, I conclude that the following is false. (1) Other things being equal, a state educational institution may choose to hire a less qualified candidate over a more qualified candidate because the weight given to the race or gender of the less qualified candidate relates to the elimination of a debt of compensatory justice. Hence, unless strong affirmative action programs at state educational institutions can be justified by reference to some other value, such as the value of diversity, the state ought to eliminate such programs.

The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s consent to it necessarily reflects involuntariness or irrationality or on the grounds that it is logically impossible for the wrongdoer to satisfy the contract. Allowing such contracts may not have desirable consequences, but for the liberal this by itself is not a sufficient reason against allowing them. One case where the slavery contract might be relevant is where a victim’s agent or the state agrees to waive its claim to harsh punishment in return for the offender agreeing to be enslaved.

In this paper, I argue that many violent sexual fantasies are not vicious. In the first part of this article, I sketch out the nature of violent sexual fantasies and note that many people regularly have them. I then argue many violent sexual fantasies are not vicious. My argument strategy is to explore what makes an attitude vicious and then to note that the vice-making feature need not be present in such fantasies and is in fact probably not present in many of them. I then explore some of the implications of this finding for the nature of virtue and pornography policy.

A person deserves a punishment if and only if he did a culpable wrongdoing and in virtue of this it is other-things-being intrinsically good that he receive punishment and if he were to receive that punishment then it would be through a non-deviant causal chain that includes the culpable wrongdoing. The wrongdoing may be institutional or pre-institutional depending on whether the moral right that the wrongdoer trespasses upon is dependent on a political institution’s goal. Desert in general, and punitive desert in particular, has a ground for which the agent is blameworthy or praiseworthy and it does not itself general a duty on anyone’s behalf. Both features make desert a different type of moral entity than a moral right. In addition, the two stand in a different relation to autonomy: rights protect a sphere in which autonomy may be exercises whereas desert, including punitive desert, provides a guide to the exercise of autonomy. They thus have different connections to one of the most important value-creating features of a person. This difference between desert and moral rights indicates the need for a separate analysis of each in the context of punishment.

In this paper, I argue that Threshold-Hell Christianity conflicts with the pro-life position on abortion. The specific type of Christianity is that which also accepts threshold deontology and the existence of hell. Threshold deontology is the view that ordinarily moral duties consist of nonconsequentialist side-constraints on the pursuit of the good but that in some cases these side-constraints are overridden. My strategy is to establish that a person who brings about an abortion guarantees that the aborted individual goes to heaven and that it is morally permissible to guarantee someone goes to heaven. It follows that if Threshold-Hell Christianity is true, then abortion is morally permissible.

A punitive desert-claim should be understood as a claim about the intrinsic value of punishment, where this value is grounded in an act or feature of the person to be punished. The purpose of my project is to explore the structure and justification of such punitive desert-claims. ;I argue that a true punitive desert-claim takes the form and , and that belief in these principles is justified on the basis of our considered moral judgments. The Principle of Deserved Punishment. A person who deserves punishment deserves it because, and only because, she has performed a culpable wrongdoing. The Principle of the Proportionality of Deserved Punishment. A person receives the punishments she deserves if and only if the punishment she receives is proportional to her culpable wrongdoing. ;My analysis proceeds as follows. In chapter two, I argue in favor of the claim that a culpable wrongdoing is the sole basis for deserved punishment. ;In chapter three, I put forth an account of the structure of a punitive desert-claim and argue that deserved punishment is not justified via the consequences that result from punishment. Having clarified the basis and structure of deserved punishment, I then set out to provide the justification for it. ;In chapter four, I argue that deserved punishment cannot be justified by an appeal to more general moral principles. My argument here rests on the criticism of different types of theory that attempt to justify deserved punishment on the grounds of more general principles. Here I criticize those theories that attempt to justify and on the grounds of: the culpable wrongdoer's choice, the culpable wrongdoer's hypothetical consent, the state's promise to punish, the demands of a justified institution, and distributive justice. ;In the last chapter I argue that and best account for our considered moral judgments about specific cases. From this, I conclude that our belief in both principles is justified

Interrogational torture is torture that is done in order to gain information. It is wrong if it either wrongs the person being interrogated or is a free-floating wrong. In the relevant cases, interrogational torture need not wrong the person being interrogated. This is because in many cases it doesn’t, and is known not to, infringe on the tortured person’s moral rights. It is not clear whether interrogational torture is a free-floating wrong since we lack confidence in judging whether it violates a consequentialist duty. Even if interrogational torture is morally permissible, it doesn’t follow that it is the best policy for a country to adopt.

The article claims that a person who deserves punishment deserves it because, and only because, she has performed a culpable wrongdoing . The article thus rejects the theory that the basis of deserved punishment is a bad moral character. The argument rejecting The Character Theory of Deserved Punishment is divided into two parts:1) that it is not necessarily the case that an intentional act reflects the agent's moral character, and2) that it is not necessarily the case that a culpable wrongdoing reflects the agent's moral character. The article then proceeds to isolate instances of culpable wrongdoing and of bad moral character to see which of these factors accompanies the considered moral judgment that the agent deserves punishment. It concludes that our intuitions suggest deserved punishment and the amount of punishment someone deserves, correlate with culpable wrongdoing rather than with a person's bad moral character. Der Beitrag geht davon aus, daß eine Person dann und nur dann Strafe verdient, wenn sie eine rechtswidrige Tat schuldhaft begangen hat. Er wendet sich damit gegen die Auffassung, Basis für eine verdiente Strafe sei der schlechte Charakter der bestraften Person. Das Argument, das die letztere Lehre verwirft, zerfällt in zwei Teile. 1) Es ist nicht notwendigerweise so, daß eine Vorsatztat den schlechten Charakter des Handelnden, und 2) es ist nicht notwendigerweise so, daß schuldhaft begangenes Unrecht überhaupt den Charakter des Handelnden widerspiegelt. Anschließend untersucht der Beitrag Beispiele schuldhaftes Unrechttuns und Beispiele schlechten moralischen Charakters, um festzustellen, welcher dieser Faktoren das moralische Urteil, daß der Handelnde Strafe verdient, begleitet. Er kommt zu dem Ergebnis, daß unsere Intuitionen den Gedanken, jemand verdiene Strafe, und die Höhe der Strafe, die der Betreffende verdient, mit der Annahme einer schuldhaft begangenen rechtswidrigen Tat korrelieren und nicht mit der Annahme der Betreffende habe einen schlechten Charakter

There is a series of candidates for the ground of intrinsic value. Different theories posit that the ground consists of some or all of the following: types of experiences, desire-satisfaction, virtue, meaningful relationships, true beliefs, desert-satisfaction, etc. The ground can be local or global depending on whether it grounds value of a spatial, temporal, or fact-specific part of the universe (e.g., Jones enjoying this ice cream) or all facts considered (e.g., the universe over time). In this paper, I argue that the single ground of global intrinsic value is the total amount of desert-adjusted well-being. I begin by providing a sketch of moral desert. I then argue that desert-adjusted well-being alone satisfies our intuitions about global intrinsic value.

The retributive duty is both held by and owed to the victim of a culpable wrongdoing. This reflexive account fits nicely with a Kantian emphasis on autonomy because the Kantian account allows us to explain how a person can have a duty to oneself. The reflexive account also fits nicely with, and is in part supported by, the notion that a culpable wrongdoer forfeits some of his rights . The waivability of the retributive duty in part explains why it is intuitively permissible for the victim not to punish the wrongdoer, but why the same is not true with regard to the state. The reflexive duty also fits into a consent-based account of state authority and the notion that natural duties are mostly negative. Das Opfer einer schuldhaften Verletzung seiner Rechte hat nicht nur Recht, sondern auch die Pflicht Vergeltung zu üben. Diese reflexive Erwägung paßt sehr gut zu einer Betonung des Autonomiegedankens nach der Weise Kants, da die Auffassung Kants zu erklären vermag, wie eine Person eine Pflicht gegen sich selbst haben kann. Ebenso gut paßt die reflexive Erwägung zu - und sie wird zum Teil auch gestützt von - der Erkenntnis, daß jemand, der schuldhaft Unrecht tut, einige seiner Rechte verwirkt. Freilich kann auf die Vergeltung verzichtet werden, und das erklärt teilweise, warum es unseren Intuitionen entspricht, daß es dem Opfer erlaubt ist, den Täter nicht zu strafen, während das für den Staat gerade nicht gilt. Die reflexive Pflicht paßt schließlich auch zu einer auf Einverständnis gegründeten Sichtweise staatlicher Autorität, und sie läßt sich gut vereinbaren mit der Erkenntnis, daß natürliche Pflichten zumeist negativ formuliert sind

In this paper, I provide an analysis of equal opportunity. I argue that equal opportunity occurs where two or more persons with equal natural abilities and willingness to work hard have chances at various jobs that are in the aggregate of equal value. I then argue that equal opportunity is neither valuable nor something that the government ought to pursue. First, it is not clear why we should value opportunities rather than outcomes. Second, the value of equal opportunity rests on the value of interest satisfaction. However, if interest satisfaction is relatively constant across different jobs and different job opportunities, then the concern for interest satisfaction will not ground the value of equal opportunity. Third, equalizing opportunities is not in itself valuable because persons are not equally valuable. Fourth, even if equal opportunity were valuable, the government can pursue it only by trespassing on individual rights.

This paper argues for a policy of assassination. Foreign leaders causing unjust wars forfeit their rights against being killed. Killing them also satisfies the conditions on defensive violence that accompany forfeiture (consider, for example, imminence, necessity, and proportionality). Assassination sometimes maximizes the good. In some cases, then, assassination is right and good. A separate issue is whether it is good policy. To the extent that traditional just war theory disallows assassination, it should be revised or rejected.

A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard to an object, e.g., mixing in one’s labor into it, probably don’t ground particular rights to private property. Nor do bilateral contracts since a stable pre-institutional contract with regard to appropriation is not likely to form. However, a conventional method of appropriation can allow for such appropriation while at the same time preserving the pre-institutional nature of such rights. This theory can also account for a person’s property rights in her own body. However, the value of project formation requires that persons have at least some private property that is to serve as the object of their projects. These positive rights to property undermine the libertarian claim that all non-commitment-based rights are negative. However, a further empirical argument is needed in order to justify protecting these positive moral rights to private property by positive legal rights.

This paper argues that an instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. The argument for this position rests on the notion that if there is no relevant side-constraint on trash-talking, then if the player commits to a moral boundary on trash-talking then that is the moral boundary on trash-talking. I then argued that there is no relevant side-constraint on trash-talking and that the players commit to the ownership theory as the moral boundary on trash-talking. Hence, the ownership theory is the moral boundary for trash-talking. I then considered a number of objections, the most important of which are that there is a side-constraint against trash-talking because it is degrading, disrespectful, exploitative, or objectifying and that the ownership theory is false because it confuses what is wrong with what is penalized.

Violation pornography is pornography where the depicted behavior includes unjust sexual acts, e.g., rape. In this paper I argue that it is unclear whether the enjoyment of violation pornography is bad for the viewer. My essay has three parts. First, I set out an account of flourishing. I adopt a composite account, whereby flourishing is a function of the degree to which an individual has pleasure and various objective-list elements. Objective-list elements are things (e.g., knowledge and meaningful relationships) that make my life go better independently of their effects on pleasure and desire-fulfillment. In the next two parts, I relate violation pornography to each component of flourishing. Thus, in the second part, I explore whether violation pornography promotes or hinders pleasure. In the third part I explore whether pornography is compatible with these objective-list elements, particularly virtue.

George Sher's theory of deserved punishment is unable to account for cases in which wrongdoing does not result in unfair advantages. Sher attempts to connect punishment with distributive justice by suggesting that punishment is deserved inasmuch as the unfair advantage gained by wrongdoing is offset. According to Sher's diachronic theory of fairness, punishment is also deserved when it occurs in response to transgression of a first-order ethical norm. A problem for the theory concerns the justification it provides for disparate treatment of wrongdoers who are morally indistinguishable.

This book is about how the systematic application of some basic principles of applied ethics yields some surprising and very unpopular results. In particular, Kershnar investigate three areas: sex, discrimination, and violence. The book argues that the following are some permissible in theory and practice. (1) Adult-child sex (2) Watching rape-pornography (3) State universities discriminating against women (4) The U.S. denying welfare to immigrants (5) Interrogational torture (6) Assassination In addition, the book argues that different races likely have different per capita moral value and that equal opportunity is not valuable. These controversial conclusions will no doubt spur animated and thoughtful discussion amongst readers

This paper introduces a novel approach to evaluating theories of the good. It proposes evaluating these theories on the basis of their compatibility with the most plausible ways of calculating overall intrinsic value of a world. The paper evaluates the plausibility of egalitarianism using this approach, arguing that egalitarianism runs afoul of the more plausible ways of calculating the overall intrinsic value of a world. Egalitarianism conflicts with the general motivation for totalism and critical-level totalism, which is that independent contributions of each individual’s life should be counted separately. It conflicts with the most plausible version of averagism because only the highly implausible simultaneous life-segment version of egalitarianism can make sense of inequality being disvaluable at a time. Egalitarianism combined with a diminishing marginal value theory also fails because it holds that, other things equal, the world is a better place when we reduce inequality by adding many people whose lives go very badly but whose sheer numbers lessen inequality. The discussion moves the debate about egalitarianism forward by circumventing the oft-discussed, but intractable, debate concerning the leveling down objection. It also reveals a promising new approach to critiquing theories of the good.

In this paper, I explore whether harsh treatment fails to respect the criminal as a person. I focus on the most extreme treatment because if such treatment can satisfy the duty to respect a criminal as a person then less extreme cases (e.g., incarceration, fines, shaming practices) can also do so. I begin by filling out the notion of a duty to respect a person. Here I set out an account of autonomy and then show that it grounds the duty to respect a person. Next, I use this account of the duty to lay out a three-part test for whether harsh treatment respects a criminal as a person. I then apply this test and conclude that it does where the treatment does not infringe on the criminal’s rights, exploit him, or express contempt for him.

The issue of the time of intrinsic value focuses on the time during which a state has a level of intrinsic value. This is distinct from the time that desert makes a state of affairs good or bad (time of desert) and the time that statements about desert are true or false (time of the desert statement). To arrive at this conclusion, I assumed that intrinsic value is a function of desert-adjusted well-being. Both desert and well-being should be understood as contemporaneous properties that occur at a particular moment in time. Hence, the time of intrinsic value is a point in time since the relevant property occurs at a point, albeit one that refers to the past. This result is significant because it relates to the dual-ledger account of intrinsic value. On one version of this account, desert is treated as similar to credits and well-being as similar to debits. It thus presents a tidy and intuitively appealing account of intrinsic value at a time and across times and persons.

In this article I argue that mercy does not prevent the imposition of harsh punishment from being morally permissible. This article has two parts. In the first part, I argue that mercy is an imperfect duty, because only such a duty-type explains the attributes that are commonly ascribed to mercy. In the second part, I argue that mercy does not present a sufficient moral reason against the regular imposition of harsh punishment because it neither undermines nor systematically overrides or weakens the retributive duties. This is in part because the imperfect duty to be merciful can be satisfied by actions taken in nonpunitive contexts alone. This is also in part because mercy is not particularly appropriate given the lack of positive desert of and good moral character in most of the culpable wrongdoers who deserve harsh punishment.

Thomas Hurka has put forth a powerful account of virtue. The account rests on a specification of intrinsically good mental states and then explains what unifies them. On his account, virtue and desert also share the same structure. His theory of virtue has some difficulties that threaten the structure that unifies it. First, Hurka's account cannot provide a principled account of virtue and vice when they are constituted by attitudes toward things are not intrinsically good (e.g., nonexistent state of affairs). Second, Hurka's account does not have room for an important factor in determining the degree to which an attitude is virtuous or vicious: agent-relative goods. Hurka is thus faced with a abandoning the basic structure that makes his theory attractive or adopting counterintuitive positions.

In some cases, the U.S. should adopt a policy of assassinating national leaders. On just war theory, national leaders are sometimes combatants. This is because some leaders are both causal and logical agents of an unjust military campaign. Such leaders occupy this logical role because in some cases their position has an essential link to their nation’s military projects. In addition, such a policy aligns with some of the policies that motivate just war theory in that assassination does not target innocent persons, is connected to self-defense, and does not violate any international agreements. Just war theory should probably be rejected, however, since it rests on dubious claims about the non-contractual essentialist conditions of combatant. On a self-defense theory, some national leaders may be killed because they are threats. They are threats because they originate a causal process that will likely bring about large amounts of unjust harm. In so doing, they forfeit those moral rights that protect them against injurious action and thus remove one of the major constraints against violence and killing. On a consequentialist theory, such a policy would likely bring about the best consequences since it would be a vital tool in the protection against genocide, unjust military aggression, and other horrendous state actions that have characterized the twentieth century. It is unlikely that the harm that would result from such a policy (e.g., its misuse) would outweigh the expected gain from it.

In this essay, I argue that colleges and universities should permit hazing. I argue that if hazing is wrong, then it wrongs someone and if it wrongs someone then it violates someone’s right. Hazing does not violate someone’s right when the person who is hazed gives informed consent. I then argue that because hazing is permissible, colleges should permit it. I consider and respond to objections that hazing is wrong for reasons that are not right-based. Here I consider objections relating to deception, coercion, unnecessary harm, degradation, and exploitation. I also consider two more objections. First, hazing is wrong because it violates the colleges’ rights. Second, colleges need not permit hazing because they own the rights to the groups or the materials that the groups use and hence they may exercise their property rights in such a way as to make hazing wrong.

George Schedler raises interesting issues with regard to the amount of reparations owed for slavery, the parties who are owed reparations, and the standard for these reparations. His arguments, however, do not hold up upon analysis. His analysis of the case for the descendants of slaves being owed compensation seriously overestimates the case for such reparations. He does not identify the grounds for such compensation, i.e., either stolen inheritance or the descendants’ trustee-like control over the slave’s estate, and this results in his not identifying the metaphysical and epistemic problems that accompany the descendants’ claim to reparations. In analyzing whether the U.S. government owes compensation, Schedler provides arguments based on its small role in bringing about slavery and the break in national identity that followed the Civil War. Such arguments fail but his conclusion can be supported by other arguments, specifically the nature of the federal government’s relation to slavery and the limited nature of its powers. Thus, the case against reparations is overwhelming but not for the reasons Schedler provides.