Demystifying Desert

The Journal of Ethics 24 (3):287-294 (2020)
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Abstract

In his penetrating book on the criminal culpability of children, Gideon Yaffe advances a novel theory of desert. According to the theory, the punishment you deserve for committing a given crime is the punishment the prospect of which would have led you to deliberate correctly about how to act, had that punishment been presented to you beforehand as an inevitable consequence of your committing the crime. Although fascinating and ambitious, Yaffe’s theory of desert struggles as an account of who deserves what, and it falls short of explaining why and how desert is normatively significant—why and how desert matters.

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Gabriel Mendlow
University of Michigan, Ann Arbor

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References found in this work

Censure and Sanctions.Andrew Von Hirsch - 1996 - Oxford University Press UK.
Censure and Sanctions.Andrew Von Hirsch - 1996 - Law and Philosophy 15 (4):407-415.
Rehabilitating Retributivism.Mitchell N. Berman - 2013 - Law and Philosophy 32 (1):83-108.
Harm and retribution.Michael Davis - 1986 - Philosophy and Public Affairs 15 (3):236-266.

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