Negating Positive Desert Claims
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Abstract:
.L. AUSTIN'S famous paper on Ifs and Cans opens with the immortal question, Are cans constitutionally iffy?' By that, he means to query whether every statement about what someone can do must, analytically, contain implicitly within it certain if' clauses (if one wants to, if one really tries, if the gods are willing, etc.). If so, then a large part of what we really mean by saying that someone can do something lies in unpacking these suppressed if' clauses. Here I want to raise an analogous question about the notion of personal deserts. To embody my thesis in a similarly catchy maxim, I shall be claiming that deserts are constitutionally wouldy. Or, to unpack that phrase, when we say x deserves we are really saying x would receive y in the course of events. Or, to unpack it further still, x would receive y, in the absence of certain interventions z. The message of this article is that, just as we must excavate the ifs to get at the cans, so too must we focus clearly on the untoward intervening factors upsetting the normal course of events in order to fix our notion of personal desert. The upshot of my argument will be that that notion is essentially negative in character. The core notion is not that of the deserved but rather that of the undeserved, of those intervening factors upsetting the normal course of events.2 In Austin's phrase, undeserved wears the trousers. To show that this is so, simply recall that desert is an inherently moralized notion: To be a notion of desert at all, it must imply that,Keywords:
Desert (philosophy)
In a series of recent writings, Paul Robinson has defended “empirical desert” as the way of deriving distributive principles for determining who should be punished and by how much. Desert is, of course, an idea with a long history, and its precise role in criminal law has been much debated. In addressing various criticisms of desert in criminal law, Robinson distinguishes empirical desert from what he calls “deontological desert” and “vengeful desert.” Robinson’s strategy, which I call “divide and deflect,” fights off various objections traditionally leveled against the use of desert in criminal law by arguing that most of those objections may be valid for “deontological” and “vengeful” desert but are not applicable to “empirical desert.” So, for instance, “vengeful desert” can be too harsh, may be based on anger and hatred, and give only vague guidance, and “deontological desert” judgments may be too contested to be useful for policy makers, but, Robinson claims, empirical desert suffers from no such defects. Robinson’s core claims – about the need to tie desert assessments close to ordinary intuitions and the substantial crime control benefits to be derived when the state can successfully command respect as a moral authority – are valid. However, Robinson’s “empirical desert” needs what he calls “vengeful desert” and “deontological desert” to succeed, and his attempts to make his proposal resistant to the usual anti-retributivist objections by jettisoning the latter two may in the end hurt his project more than help.
Desert (philosophy)
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Abstract The orthodox view of the metaphysics of desert is that desert is a triadic relation that obtains between a subject, an object and a desert base. Not only is this view lacking in motivation, but conceiving of the desert base as part of the desert relation renders the concept of desert incoherent. Instead, desert should be thought of as a dyadic relation between a subject and an object, where desert bases are simply the grounds for dyadic desert facts.
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Abstract Beginning in the late third century CE , some some Christians withdrew from city and village life to practice asceticism in the desert and at the edges of settled land in Egypt, Palestine, and Syria.
Desert (philosophy)
Asceticism
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Justice requires giving people what they deserve. Or so many philosophers—and according to many of those philosophers, everyone else—thought for centuries, until the 1970s and 1980s, however, perhaps under the influence of Rawls’s desert-less theory, desert was largely cast out of discussions of distributive justice. Now it is making a comeback. This chapter considers recent research on the concept of desert, debate about the conditions for desert, arguments for and against its requital, and connections between desert and other distributive ideals. It suggests that desert-sensitive theories of distributive justice, despite the challenges they face, have a promising future.
Desert (philosophy)
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Abstract Popular discussions of justice and fairness are often couched in the language of desert: those who commit crimes are said to deserve punishment; those who work hard are said to deserve success; those in need are often categorized as the deserving or undeserving poor. Justice, it may be said, is happiness according to virtue, with each getting his or her deserts ( see Justice). Given the frequency with which desert is invoked in popular discussions, it might be expected that philosophical debate about justice and fairness would also focus on desert. But in recent times, this has often not been so. Indeed, in the mid‐twentieth century, Brian Barry was able to write of a “revolt against desert,” and describe desert as “a concept which is already in decline and may eventually disappear” (Barry 1965: 112).
Desert (philosophy)
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Punishment (psychology)
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You may think of the desert as a harsh, dry place where no one would ever want to live -- but think again. The Desert People know. so do the animals. Both love the land, and share the feeling of being brothers in the desert, of being desert creatures together. Byrd Baylor's spare, poetic text and Peter Parnall's striking illustrations lime the sky, stone and sand of the desert in this haunting book.
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Creatures
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This chapter examines desert as a distributive principle. It considers the three conceptions of desert evident in the present debates over the propriety of desert as a distributive principle: vengeful desert, deontological desert, and empirical desert. Vengeful desert focuses upon the offense harm and victim suffering and sets the deserved punishment to match that of victim's harm and suffering. Deontological desert focuses not on the harm of the offense but on the blameworthiness of the offender. Empirical desert distributes punishment according to principles of justice derived from the community's shared intuitions. It argues that the failure to appreciate the existence of three quite distinct conceptions of desert commonly leads to confusion in the critique of desert as a principle for the distribution of criminal liability and punishment.
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Abstract This chapter shows that the language of desert provides an idiom in which to discuss substantive questions of justice. To accept justice as fittingness is to accept that to treat people justly requires no more than that they be treated in accordance with their deserts. The chapter begins with an account of desert itself, and the grounds for viewing the concepts of desert and justice as closely related. It then discusses what is required for treatment to be in accordance with desert, considers some reasons which might be offered for avoiding employing the notion of desert, and argues that such reasons are unpersuasive. The chapter concludes by noting the problem cases for the claim that justice requires only treatment according to desert. By implication, these are the problem cases for defending justice as fittingness. Two important problem cases for justice as fittingness are promises and qualification under some general rule or practice.
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Бұл зерттеужұмысындaКaно моделітурaлы жәнеоғaн қaтыстытолықмәліметберілгенжәнеуниверситетстуденттерінебaғыттaлғaн қолдaнбaлы (кейстік)зерттеужүргізілген.АхметЯссaуи университетініңстуденттеріүшін Кaно моделіқолдaнылғaн, олaрдың жоғaры білімберусaпaсынa қоятынмaңыздытaлaптaры, яғнисaпaлық қaжеттіліктері,олaрдың мaңыздылығытурaлы жәнесaпaлық қaжеттіліктерінеқaтыстыөз университетінқaлaй бaғaлaйтындығытурaлы сұрaқтaр қойылғaн. Осы зерттеудіңмaқсaты АхметЯсaуи университетіндетуризмменеджментіжәнеқaржы бaкaлaвриaт бaғдaрлaмaлaрыныңсaпaсынa қaтыстыстуденттердіңқaжеттіліктерінaнықтaу, студенттердіңқaнaғaттaну, қaнaғaттaнбaу дәрежелерінбелгілеу,білімберусaпaсын aнықтaу мен жетілдіружолдaрын тaлдaу болыптaбылaды. Осы мaқсaтқaжетуүшін, ең aлдыменКaно сaуaлнaмaсы түзіліп,116 студенткеқолдaнылдыжәнебілімберугежәнеоның сaпaсынa қaтыстыстуденттердіңтaлaптaры мен қaжеттіліктерітоптықжұмыстaрaрқылыaнықтaлды. Екіншіден,бұл aнықтaлғaн тaлaптaр мен қaжеттіліктерКaно бaғaлaу кестесіменжіктелді.Осылaйшa, сaпa тaлaптaры төрт сaнaтқa бөлінді:болуытиіс, бір өлшемді,тaртымдыжәнебейтaрaп.Соңындa,қaнaғaттaну мен қaнaғaттaнбaудың мәндеріесептелдіжәнестуденттердіңқaнaғaттaну мен қaнaғaттaнбaу деңгейлерінжоғaрылaту мен төмендетудеосытaлaптaр мен қaжеттіліктердіңрөліaйқын aнықтaлды.Түйінсөздер:сaпa, сaпaлық қaжеттіліктер,білімберусaпaсы, Кaно моделі.
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The nationally-recognized Susquehanna
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