CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, December 6, 2023

Malcai & Segev on The Imperialism of Desert

Ofer MalcaiRe'em Segev (Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem – Faculty of Law) have posted The Imperialism of Desert (Ergo: An Open Access Journal of Philosophy, Forthcoming) on SSRN. Here is the abstract:
What is the relation between desert and other values such as equality, priority for the worse off, and utility? According to the common view, desert and these other values reflect distinct concerns: some are about distributive justice, some about retributive justice, and some (most clearly, utility) are not concerned with justice at all. However, another view holds that while desert is a basic value, other values are merely derived from it. This controversy is relevant, for instance, to allocative decisions and criminal punishment, where we need to know if other values should be balanced against desert. Yet, despite its theoretical significance and practical importance, this topic is underexplored. Aiming to fill this gap, we consider the arguments for and against the competing views.

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