Steven Sverdlik

What is the relation between the intention to A and doing A intentionally? It is natural to suppose that the latter entails the former. That is, it is natural to accept what Michael Bratman has called the ‘Simple View’ of the relation between acting intentionally and having an intention. Bratman is one noteworthy writer who has denied that the Simple View is true. In the present paper I do not defend this view. I contend that one well-known argument that Bratman offers for thinking that the Simple View is false fails, in fact, to disprove it. If there are reasons for thinking that the Simple View is false, as I believe there are, they are not the ones that Bratman has offered. My discussion of Bratman also raises some more general questions about the principles governing the rational formation of intentions. I suggest that a special sort of example casts doubt on the tenability of a commonly accepted principle that Bratman, among others, utilizes.

This is a presentation of the utilitarian approach to punishment. It is meant for students. A note added in July, 2022 advises the reader about the author's current views on some topics in the paper. The first section discusses Bentham's psychological hedonism. The second briefly criticizes it. The third section explains abstractly how utilitarianism would determine of the right amount of punishment. The fourth section applies the theory to some cases, and brings out how utilitarianism could favor punishments more or less severe than the lex talionis.

The main previous analyses of punishment by Hart, Feinberg and Wasserstrom are considered and criticized. One persistent fault is the neglect of the idea that in punishment the person subjected to it is represented as having no valid excuse for wrongdoing. A new analysis is proposed which attempts to specify in what sense punishment by its very nature is retributive, as Wasserstrom has asserted. Certain problematic cases such as strict liability offenses and pre-trial detention are considered in light of the new analysis.

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.

Contemporary Kantians who defend Kant''s view of the superiority of the sense of duty as a form of motivation appeal to various ideas. Some say, if only implicitly, that the sense of duty is always ``available'''' to an agent, when she has a moral obligation. Some, like Barbara Herman, say that the sense of duty provides a ``nonaccidental'''' connection between an agent''s motivation and the act''s rightness. In this paper I show that the ``availability'''' and ``nonaccidentalness'''' arguments are in tension with one another. And the ``availability'''' idea, although certainly supported by some passages in Kant himself, is also clearly denied in other passages. My conclusion is that Kantians will need to abandon either availability or nonaccidentalness if they wish to have a consistent set of views about the sense of duty.