Morally, Should We Prefer Never to Have Existed?
2013
Australasian Journal of Philosophy
We can morally compare possible alternative states of affairs, judging that various actual historical occurrences were bad, overall -- the Holocaust, World War I, and slavery, for example. We should prefer that such events had not occurred, and regret that they had occurred. But the vast majority of people who now exist would not have existed had it not been for those historical events. A 'package deal' is involved here: those events, together with oneself; or, the absence of the historical calamity, and the absence of oneself. So, all considered, ought one to prefer never to have existed, and to regret that one exists? Not in itself, of course, but as part of the conjunction? There seems to be a strong case for saying that morally one must wish and prefer that certain historical events had not occurred, even if that would have meant that one would never have existed. One ought to regret, all considered, that the aggregate state of affairs that includes one's existence is the one that materialized. After setting out this idea, I explore arguments against it, and attempt to reach a conclusion.
"Morally, Should We Prefer Never to Have Existed?", Australasian Journal of Philosophy 91 (2013 ): 655-666.
More Prepunishment For Compatibilists: A Reply to Beebee
2008
Analysis
I have argued that compatibilism has difficulties resisting prepunishment, and that it is thus a much more radical view than is typically presented and perceived. Helen Beebee presented two counterarguments, which I examine.
"More Prepunishment For Compatibilists: A Reply to Beebee", Analysis 68 (2008 ): 260-263.
Nagel on the Grounds For Compensation
1995
Public Affairs Quarterly
I consider Thomas Nagel's treatment of the issue of the grounds for compensation, i.e., of what counts as a basis for the obligation to compensate people in a (more or less ideal) political system, in his recent "Equality and Impartiality". I argue that on the issue of compensation Nagel is unconvincing, and that he reflects here much of liberal thinking. It emerges that a consistent egalitarianism must see the grounds for compensation in very wide way, and this radically affects the acceptability of such a position.
"Nagel on the Grounds For Compensation", Public Affairs Quarterly 9 (1995 ): 63-73.
On Free Will and Ultimate Injustice
2003
Iyyun: The Jerusalem Philosophical Quarterly
In "On the Alleged Shallowness of Compatibilism: A Critical Study of Saul Smilansky: 'Free Will and Illusion'" ('Iyyun' vol. 51, 2002; 63-79) James Lenman mounts a strong attack on the notion of 'ultimate injustice', a mainstay of common dissatisfaction with compatibilism. I survey two broad ways in which we can understand justice. Under the first, the notion of ultimate injustice is indeed questionable, but under the second it makes good sense. Then I show that in the free will issue it is the second type of justice, that allows and indeed affirms ultimate injustice, which is most salient.
"On Free Will and Ultimate Injustice", Iyyun 52 (2003 ): 41-55.
On Not Being Sorry about the Morally Bad
2005
Philosophy
Bad things often happen, and morally good people ought to be sorry that they happen. People are sometimes morally permitted not to do anything about such bad things, not to have to struggle to prevent them from occurring. But what could be more obvious to a good person than that one ought to be sorry about the occurrence of bad things? Even more so, it would seem, if the bad things occur in one?s vicinity, or one is involved with them. I shall argue that sometimes it is morally permissible not to be sorry when bad things happen. Perhaps it is even permissible to be happy about it
"On Not Being Sorry about the Morally Bad", Philosophy 80 (2005 ): 261-5.
On the Common Lament, That a Person Cannot Make Much Difference in This World
2012
Philosophy: The Journal of the Royal Institute of Philosophy
In some ways, virtually every individual can make a difference because even the ?small' differences that we can undoubtedly make do often matter, and sometimes our actions can have wider effects. In the larger scheme of things, however, most individuals will not matter much, if at all. I have sought to offer a broad outline of ways whereby the fact (when it is a fact) that one single person cannot make much difference in this world is significant and, surprisingly, in many ways positive. The illusion that it is otherwise can be conducive to our happiness but here the truth also has its benefits. Frequently, our impotence is a piece of good fortune.
"On the Common Lament, That a Person Cannot Make Much Difference in This World", Philosophy 87 (2012 ): 109-122.
Overpunishment and the Punishment of the Innocent
2021
Analytic Philosophy
The deep, pervading sense is that punishing innocent people is abhorrent. We also have evidence indicating that the overpunishment of guilty people –
punishing them more than they morally deserve for the crimes they are convicted of – is a widely prevalent practice in many western countries, such as the US. Morally, overpunishment (OP) seems to be equivalent in terms of the injustice it involves to the punishment of the innocent (POI). This suggests a radical inconsistency: we acquiesce in and seem hardly troubled by practices (OP) that seem to be morally equivalent to other practices (POI) we hold to be abhorrent and go out of our way to prevent. So what are we to make of this? I explore the predicament, and conclude that, for strong and diverse moral reasons, the punishment of the innocent and the overpunishment of the guilty are not morally equivalent.
Overpunishment and the punishment of the innocent. Analytic Philosophy. https://doi.org/10.1111/phib.12235
Parfit on Free Will, Desert, and the Fairness of Punishment
2016
The Journal of Ethics
In his recent monumental book On What Matters, Derek Parfit argues for a hard determinist view that rejects free will-based moral responsibility and desert. This rejection of desert is necessary for his main aim in the book, the overall reconciliation of normative ethics. In Appendix E of his book, however, Parfit claims that it is possible to mete out fair punishment. Parfit?s position on punishment here seems to be inconsistent with his hard determinism. I argue that Parfit is mistaken here, in a way that leads him to unjustified optimism about the possibility of fair penalization. Insofar as we take the free will problem seriously, we cannot reconcile a belief in the absence of desert with a belief in the fairness of penalization.
"Parfit on Free Will, Desert, and the Fairness of Punishment", Journal of Ethics, special issue on moral responsibility, 20 (2016 ): 139-148.
Pereboom on Punishment - Funishment, Innocence, Motivation, and Other Difficulties
2017
Criminal Law and Philosophy: An International Journal for Philosophy of Crime, Criminal Law and Punishment
In 'Free Will, Agency, and Meaning in Life', Derk Pereboom proposes an optimistic model of life that follows on the rejection of both libertarian and compatibilist beliefs in free will, moral responsibility, and desert. I criticize his views, focusing on punishment. Pereboom responds to my earlier argument that hard determinism must seek to revise the practice of punishment in the direction of 'funishment', whereby the incarcerated are very generously compensated for the deprivations of incarceration. I claimed that funishment is a practical 'reductio' of hard determinism. Pereboom replies, but I claim that he misses a key component of my 'reductio', the idea that moving in the direction of funishment will considerably weaken the deterrence of potential criminals so that hard determinism becomes self-defeating in practice. Beyond the challenge of funishment, I raise various other difficulties with Pereboom's model, concerning its deeply unintuitive implications, the harm it does to the motivation of potential criminals, its weakness in resisting utilitarian-like dangers, and more. Our conclusions should lead to a re-evaluation of the compatibilist interpretation of moral life, as a richer, more plausible, and safer interpretation than hard determinism. This needs to be combined with a true hard determinist acknowledgment of the deep injustice and tragedy involved in punishment in light of the absence of libertarian free will. Such a complex view will come closer to doing justice to notions of justice, morality, and decency.
"Pereboom on Punishment - Funishment, Innocence, Motivation, and Other Difficulties", Criminal Law and Philosophy, symposium on Derk Pereboom's Free Will, Agency, and Meaning in Life, 11 (2017): 591-603.
Prepunishment For Compatibilists: A Reply to Kearns
2008
Analysis
I have argued that compatibilism cannot resist in a principled way the temptation to prepunish people, and that it thus emerges as a much more radical view than is typically presented and perceived; and is at odds with fundamental moral intuitions. Stephen Kearns has replied, and in the present paper I examine his arguments.
"Prepunishment For Compatibilists: A Reply to Kearns", Analysis 68 (2008 ): 254-257.