Moving Mountains: Variations on a Theme by Shelly Kagan

Criminal Law and Philosophy 11 (2):393-405 (2017)
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Abstract

My response to Shelly Kagan’s book, The Geometry of Desert, is to raise both general and more specific issues. I criticise Kagan’s way of setting up his project. I will suggest many factors other than desert better explain Kagan’s cases. I then examine more particular aspects of the project. I investigate Kagan’s discussion of what he calls the V-shaped skyline. According to Kagan, the V-shaped skyline represents the idea that it is more important that the very vicious and the very virtuous get what they deserve than that the morally neutral get what they deserve. He finds this view attractive. I will suggest that the V-shaped skyline does not represent Kagan’s idea, and that there are independent reasons to reject the V-shaped skyline. Finally, I explore the possibility that Kagan’s account of desert implies that we have reasons not only to alter people’s levels of well-being to fit their levels of virtue, but also reasons to alter people’s levels of virtue to fit their levels of well-being. Kagan’s way of representing desert suggests that we have such reasons. However, I argue that it is implausible that we do. This casts doubt on Kagan’s way of understanding desert.

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Victor Tadros
University of Warwick

Citations of this work

Is discrimination wrong because it is undeserved?Kasper Lippert-Rasmussen - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
Thinking by Drawing.Shelly Kagan - 2018 - Erasmus Journal for Philosophy and Economics 11 (2):245-283.

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Responses.Victor Tadros - 2013 - Law and Philosophy 32 (2-3):241-325.

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