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If justice is getting what one is due, then the basis of desert must ultimately be undeserved. However, desert is a relational concept that expresses a relationship between a deserved [clarification needed] and a basis of desert. It simply destroys the character of desert to demand, as Rawls does, that the basis of desert be itself deserved.
In 'instrumental associations', where people are acting together with a common purpose but each for their own good (and not necessarily sharing a common identity or 'conception of the good'), justice is best served by allocating by desert (e.g. in the workplace). Contributions should be recognised with proportionate rewards.
Entitlement theory is a theory of distributive justice and private property created by Robert Nozick in chapters 7 and 8 of his book Anarchy, State, and Utopia.The theory is Nozick's attempt to describe "justice in holdings" (Nozick 1974:150)—or what can be said about and done with the property people own when viewed from a principle of justice.
Early sections of Anarchy, State, and Utopia, akin to the introduction of A Theory of Justice, see Nozick implicitly join Rawls's attempts to discredit utilitarianism. Nozick's case differs somewhat in that it mainly targets hedonism and relies on a variety of thought experiments, although both works draw from Kantian principles.
Von Hirsch has also been recognized by a number of distinguished scholars in, Fundamentals of Sentencing Theory: Essays in Honour of Andreas von Hirsch, (Oxford University Press, 1998), edited by Andrew Ashworth (Vinerian Professor of English Law, University of Oxford) and Martin Wasik (Professor of Criminal Justice, Keele University), also, in ...
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Desert, Retribution and Torture (2001). Sex, Discrimination, and Violence: Surprising and Unpopular Results in Applied Ethics (2009). Desert and Virtue: A Theory of Intrinsic Value (2010). For Torture: A Rights-based Defence (2012). Justice for the Past (2012). Gratitude toward Veterans: Why Americans Should Not Be Very Grateful to Veterans (2014).
Central to Young's philosophy is the contention that concepts of justice were not limited to individual desert. Instead, the recognition of social groups was essential to redressing structural inequalities. Because the social rules, laws, and institutional routines constraining certain people constrain them as a group, and because our awareness ...