In any legal system, one finds numerous rules, practices, and constitutional provisions that are incompatible with utilitarian considerations. It is not merely utilitarianism that fails to explain a diverse range of rules and practices. Other theories that, like utilitarianism, involve ex ante...

Two similarly situated individuals commit identical crimes. The first is sentenced to ten years in prison while the second is sentenced to five years. The disparity between the sentences of the criminals is a reason for concern. In contrast, two individuals commit identical crimes. When the...

Two similarly situated individuals commit identical crimes. The first is sentenced to 10 years in prison while the second is sentenced to 5 years. The disparity between the two sentences of the criminals is a reason for concern. The person who is sentenced to 10 years has a legitimate moral...