Professor of Ethics, Strategy, and Public Policy
Founding Director, Urban Entrepreneurship & Policy Institute
University of New Orleans
Books
- Injustice for All: How Financial Incentives Corrupted and
Can Fix the US Criminal Justice System [Abstract] - Kant and the Cultivation of Virtue [Abstract]
- The Value and Limits of Academic Speech (ed.) [Abstract]
- Rethinking Punishment in the Era of Mass Incarceration (ed.) [Abstract]
- Kant and the Scottish Enlightenment (ed.) [Abstract]
- Kant and Education: Interpretations and Commentary (ed.) [Abstract]
- Entrepreneurship and the Possibility of Human Freedom [Abstract]
- Beware of Prosecutors Bearing Gifts: How the Ancient Greeks Can Help Cure Our Addiction
to Excessive Punishment [Abstract] - Business Education and High School Entrepreneurs in Atlanta and New Orleans [Abstract]
- The Impacts of Cash Bail on Failure to Appear and Re-Arrest in Orleans Parish [Abstract]
- How Govt Leaders Violated Their Epistemic Duties During the SARS-CoV-2 Crisis [Abstract]
- Accommodating Transgender Athletes [Abstract]
- Policing and Punishment for Profit [Abstract]
- Situationism and the Neglect of Negative Moral Education [Abstract]
- Physical Education as a Prerequisite for the Possibility of Human Virtue [Abstract]
- Politics and Practical Wisdom: Rethinking Aristotle's Account of Phronesis [Abstract]
Co-authored with Jason Brennan.
Published by Routledge in 2019.
The US criminal justice is a disaster. It’s a disaster created not by bad apples or bad intentions, but by bad incentives. The rules—about how prisons and police are paid, about who gets to profit from fines, about how we elect and vote for judges, DAs, and legislators—induce nearly every major player to make bad choices. This book diagnoses the problem and offers three major sets of reforms to fix the system.
Published by Routledge in 2019.
The US criminal justice is a disaster. It’s a disaster created not by bad apples or bad intentions, but by bad incentives. The rules—about how prisons and police are paid, about who gets to profit from fines, about how we elect and vote for judges, DAs, and legislators—induce nearly every major player to make bad choices. This book diagnoses the problem and offers three major sets of reforms to fix the system.
Published by Routledge in 2014.
This book aims to fill this perceived gap in Kant scholarship, as well as contribute to ongoing discussions on the nature of virtue and its acquisition, by examining the following question: What is virtue? How do people become virtuous? These two questions, the first theoretical and the second practical, are at the center of Kant's moral and political philosophy. This book focuses on this second question, examining Kant's account of how virtue can be cultivated, paying particular attention to the role of civil society, education, religion, and the laws in this process.
Chapter 1 - The Project of Kant's Practical Philosophy
This chapter serves as an introduction to the project by examining the historical context of Kant's position, as well as the connection between freedom, virtue, and civil society in his practical philosophy. These issues are foundational in nature and from which it is possible to construct Kant's account (or, where Kant is unclear, a Kantian account) of how individuals become virtuous in practice.
Chapter 2 - Freedom and Civil Society
Since autonomy is a precondition of morality, liberty is a precondition for autonomy in human beings, and living in civil society is necessary for individuals to secure liberty as it provides protection from liberty-infringing acts performed by other people, living in civil society appears to be required in practice for individuals to be virtuous. As a result, Kant claims that individuals are under a moral duty to enter civil society (MM 6:255-6). But it turns out that living in civil society does more than simply provide negative assistance in helping to secure the external preconditions that makes autonomy possible. Civil society also plays a positive role in this process of moral development by helping an individual to refine his talents and reason completely, a necessary component of virtue and one that Kant believes cannot be acquired in isolation. This chapter examines both the negative and positive role played by civil society in an individual's cultivation of virtue.
Chapter 3 - Autonomy, Coercion, and the Moral Law
This chapter aims to reconcile the theoretical component of Kant's moral philosophy that focuses on realizing freedom of the will, with the practical component of Kant's ethics that considers how this freedom be achieved fully only by human beings living under coercive law. Once we solve this practical problem, we will see that there are additional problems for human beings to become free, problems not faced by beings of pure reason. Reconciling the theoretical and practical aspects of Kant's philosophy requires a closer examination of the connection between coercion, freedom, and the moral law.
Chapter 4 - Moral Education and the Cultivation of Virtue
When discussing the method of moral instruction, Kant argues for a catechistic approach to moral education. But the process of catechistic instruction appears coercive, and so it seems to violate a central tenet of Kantian morality: an individual is morally praiseworthy only if he performs virtuous acts out of recognition that those acts are required of him (i.e., out of respect for the moral law itself), not because he has been habituated to act in that manner. This chapter aims to resolve these problems by explicating Kant's account of how an individual cultivates the virtuous character state and how Kant's writings on moral education and the practical process of cultivating a virtuous disposition provide a significant contribution to the discussion in this area.
Chapter 5 - Making Moral Decisions
This chapter examines Kant's discussion of the practical role God and religion play in the acquisition of virtue, paying particular attention to Kant's claim that "supernatural cooperation" is necessary to complete this process. I claim that although this "supernatural cooperation" does no heavy lifting in an individual's progress towards complete virtue, Kant's discussion points us towards a solution to the problem of how best to cultivate individuals who, when at the moral crossroads, more frequently act correctly for the right reasons. This solution, which centers on the cultivation of an appropriate sense of moral shame within individuals, points us in a better direction for future considerations about moral education.
This book aims to fill this perceived gap in Kant scholarship, as well as contribute to ongoing discussions on the nature of virtue and its acquisition, by examining the following question: What is virtue? How do people become virtuous? These two questions, the first theoretical and the second practical, are at the center of Kant's moral and political philosophy. This book focuses on this second question, examining Kant's account of how virtue can be cultivated, paying particular attention to the role of civil society, education, religion, and the laws in this process.
Chapter 1 - The Project of Kant's Practical Philosophy
This chapter serves as an introduction to the project by examining the historical context of Kant's position, as well as the connection between freedom, virtue, and civil society in his practical philosophy. These issues are foundational in nature and from which it is possible to construct Kant's account (or, where Kant is unclear, a Kantian account) of how individuals become virtuous in practice.
Chapter 2 - Freedom and Civil Society
Since autonomy is a precondition of morality, liberty is a precondition for autonomy in human beings, and living in civil society is necessary for individuals to secure liberty as it provides protection from liberty-infringing acts performed by other people, living in civil society appears to be required in practice for individuals to be virtuous. As a result, Kant claims that individuals are under a moral duty to enter civil society (MM 6:255-6). But it turns out that living in civil society does more than simply provide negative assistance in helping to secure the external preconditions that makes autonomy possible. Civil society also plays a positive role in this process of moral development by helping an individual to refine his talents and reason completely, a necessary component of virtue and one that Kant believes cannot be acquired in isolation. This chapter examines both the negative and positive role played by civil society in an individual's cultivation of virtue.
Chapter 3 - Autonomy, Coercion, and the Moral Law
This chapter aims to reconcile the theoretical component of Kant's moral philosophy that focuses on realizing freedom of the will, with the practical component of Kant's ethics that considers how this freedom be achieved fully only by human beings living under coercive law. Once we solve this practical problem, we will see that there are additional problems for human beings to become free, problems not faced by beings of pure reason. Reconciling the theoretical and practical aspects of Kant's philosophy requires a closer examination of the connection between coercion, freedom, and the moral law.
Chapter 4 - Moral Education and the Cultivation of Virtue
When discussing the method of moral instruction, Kant argues for a catechistic approach to moral education. But the process of catechistic instruction appears coercive, and so it seems to violate a central tenet of Kantian morality: an individual is morally praiseworthy only if he performs virtuous acts out of recognition that those acts are required of him (i.e., out of respect for the moral law itself), not because he has been habituated to act in that manner. This chapter aims to resolve these problems by explicating Kant's account of how an individual cultivates the virtuous character state and how Kant's writings on moral education and the practical process of cultivating a virtuous disposition provide a significant contribution to the discussion in this area.
Chapter 5 - Making Moral Decisions
This chapter examines Kant's discussion of the practical role God and religion play in the acquisition of virtue, paying particular attention to Kant's claim that "supernatural cooperation" is necessary to complete this process. I claim that although this "supernatural cooperation" does no heavy lifting in an individual's progress towards complete virtue, Kant's discussion points us towards a solution to the problem of how best to cultivate individuals who, when at the moral crossroads, more frequently act correctly for the right reasons. This solution, which centers on the cultivation of an appropriate sense of moral shame within individuals, points us in a better direction for future considerations about moral education.
Co-edited with Donald Downs
Published by Routledge in 2018.
Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as “trigger warnings” for course materials; “safe spaces” where students are protected from speech they consider harmful or distressing; “micro-aggression” policies that often strongly discourage the use of words that might offend sensitive individuals; new “bias-reporting” programs that consist of different degrees of campus surveillance; the “dis-invitation” of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent “shouting down” or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them.
The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of “due process” in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Free Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic.
***
Table of Contents
Introduction
Donald Alexander Downs and Chris W. Surprenant
1. Philosophy, Controversy, and Freedom of Speech
Peter Singer
2. Why Academic Freedom?
Brian Leiter
3. Free Speech and Ideological Diversity on American College Campuses
Keith Whittington
4. Are Academic Freedom and Freedom of Speech Congruent or Opposed?
James R. Stoner, Jr.
5. Freedom of Expression at the Private University
John Hasnas
6. Outside Funding to Centers: A Challenge to Institutional Mission?
Jason Brennan
7. Harm: An Event-based Fienbergian Account
Andrew J. Cohen
8. The Difference between Being Offended and Taking Offense
Michael Joel Kessler
9. The Necessity of Offense
Shane Courtland
10. ‘Words that Wound’ in the Classroom: Should they be Silenced or Discussed?
Christina Easton
11. Speech and War: Rethinking the Ethics of Speech Restrictions
Burkay Ozturk and Bob Fischer
12. Growing-up Disturbed
Frank Furedi
13. Don’t Make Me Laugh: Speech Codes and the Humorless Campus
Edward Johnson
14. Sex, Liberty, and Freedom of Expression at the American University
Evan Gerstmann
15. Skepticism about Title IX Culture
J.K. Miles
16. From Academic Freedom to Academic Responsibility
Arianne Shahvisi
17. Campus Speech, Diverse Perspectives, and the Distribution of Burdens
Ryan Muldoon
18. When Free Speech is False Speech
Sarah Conly
19. The Plausibility of Abhorrent Views, and why it Matters
Calum Miller
20. Safeguarding Academic Freedom on Campus through Faculty Governance
Rima Najjar Kapitan
Published by Routledge in 2018.
Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as “trigger warnings” for course materials; “safe spaces” where students are protected from speech they consider harmful or distressing; “micro-aggression” policies that often strongly discourage the use of words that might offend sensitive individuals; new “bias-reporting” programs that consist of different degrees of campus surveillance; the “dis-invitation” of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent “shouting down” or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them.
The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of “due process” in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Free Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic.
***
Table of Contents
Introduction
Donald Alexander Downs and Chris W. Surprenant
1. Philosophy, Controversy, and Freedom of Speech
Peter Singer
2. Why Academic Freedom?
Brian Leiter
3. Free Speech and Ideological Diversity on American College Campuses
Keith Whittington
4. Are Academic Freedom and Freedom of Speech Congruent or Opposed?
James R. Stoner, Jr.
5. Freedom of Expression at the Private University
John Hasnas
6. Outside Funding to Centers: A Challenge to Institutional Mission?
Jason Brennan
7. Harm: An Event-based Fienbergian Account
Andrew J. Cohen
8. The Difference between Being Offended and Taking Offense
Michael Joel Kessler
9. The Necessity of Offense
Shane Courtland
10. ‘Words that Wound’ in the Classroom: Should they be Silenced or Discussed?
Christina Easton
11. Speech and War: Rethinking the Ethics of Speech Restrictions
Burkay Ozturk and Bob Fischer
12. Growing-up Disturbed
Frank Furedi
13. Don’t Make Me Laugh: Speech Codes and the Humorless Campus
Edward Johnson
14. Sex, Liberty, and Freedom of Expression at the American University
Evan Gerstmann
15. Skepticism about Title IX Culture
J.K. Miles
16. From Academic Freedom to Academic Responsibility
Arianne Shahvisi
17. Campus Speech, Diverse Perspectives, and the Distribution of Burdens
Ryan Muldoon
18. When Free Speech is False Speech
Sarah Conly
19. The Plausibility of Abhorrent Views, and why it Matters
Calum Miller
20. Safeguarding Academic Freedom on Campus through Faculty Governance
Rima Najjar Kapitan
Published by Routledge in 2017.
One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume's diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, the volume examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.
***
Introduction – Why do we punish?
Chris W. Surprenant
Chapter 1 – The Problem of Punishment
John Hasnas
Chapter 2 – The Coproduction of Justice
Nathan Goodman
Chapter 3 – The Certainty of Punishment and the Proportionality of Incarceration
Chris Barker
Chapter 4 – Imprisonment and the Moral Right to Freedom of Movement
Robert Hughes
Chapter 5 – Paternalism, Incarceration, and Punishment Drift
Andrew J. Cohen and Bill Glod
Chapter 6 – Are there Expressive Restraints on Incarceration?
Bill Wringe
Chapter 7 – Restitution or Retribution
Michael Huemer
Chapter 8 – Compulsory Victim Restitution and the Practice of Incarceration
David Boonin
Chapter 9 – Communicative Theories of Punishment and the Impact of Apology
Eddy Nahmias and Eyal Aharoni
Chapter 10 – Restorative Justice in High Schools: A Roadmap to Transforming Prisons
Johanna Luttrell
Chapter 11 - Reforming Youth Incarceration in the United States
Cara Drinan
Chapter 12 – Policing for “Profit”: The Political Economy of Private Prisons and Asset Forfeiture
Abigail R. Hall and Veronica Mercier
Chapter 13 – The Need for Prosecutorial Guidelines
John Pfaff
Chapter 14 – Prison Tunnel Vision
Joshua Dohmen
Chapter 15 – Exile as an Alternative to Incarceration
Briana McGinnis
Chapter 16 – Corporal Punishment as an Alternative to Incarceration
Jason Brennan
Chapter 17 – The Potentials and Limits of De-Incarceration
Daniel D’Amico
Chapter 18 - The Ends and End of Punishment
Kristen Bell
One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume's diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, the volume examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.
***
Introduction – Why do we punish?
Chris W. Surprenant
Chapter 1 – The Problem of Punishment
John Hasnas
Chapter 2 – The Coproduction of Justice
Nathan Goodman
Chapter 3 – The Certainty of Punishment and the Proportionality of Incarceration
Chris Barker
Chapter 4 – Imprisonment and the Moral Right to Freedom of Movement
Robert Hughes
Chapter 5 – Paternalism, Incarceration, and Punishment Drift
Andrew J. Cohen and Bill Glod
Chapter 6 – Are there Expressive Restraints on Incarceration?
Bill Wringe
Chapter 7 – Restitution or Retribution
Michael Huemer
Chapter 8 – Compulsory Victim Restitution and the Practice of Incarceration
David Boonin
Chapter 9 – Communicative Theories of Punishment and the Impact of Apology
Eddy Nahmias and Eyal Aharoni
Chapter 10 – Restorative Justice in High Schools: A Roadmap to Transforming Prisons
Johanna Luttrell
Chapter 11 - Reforming Youth Incarceration in the United States
Cara Drinan
Chapter 12 – Policing for “Profit”: The Political Economy of Private Prisons and Asset Forfeiture
Abigail R. Hall and Veronica Mercier
Chapter 13 – The Need for Prosecutorial Guidelines
John Pfaff
Chapter 14 – Prison Tunnel Vision
Joshua Dohmen
Chapter 15 – Exile as an Alternative to Incarceration
Briana McGinnis
Chapter 16 – Corporal Punishment as an Alternative to Incarceration
Jason Brennan
Chapter 17 – The Potentials and Limits of De-Incarceration
Daniel D’Amico
Chapter 18 - The Ends and End of Punishment
Kristen Bell
Co-edited with Elizabeth Robinson.
Published by Routledge in 2017.
Most academic philosophers and intellectual historians are familiar with the major historical figures and intellectual movements coming out of Scotland in the 18th Century. These scholars are also familiar with the works of Immanuel Kant and his influence on Western thought. But with the exception of discussion examining David Hume's influence on Kant's epistemology, metaphysics, and moral theory, little attention has been paid to the influence of the Scottish Enlightenment thinkers on Kant's philosophy. This volume aims to fill this perceived gap in the literature and provide a starting point for future discussions looking at the influence of Hume, Hutcheson, Adam Smith, and other Scottish Enlightenment thinkers on Kant's philosophy.
Published by Routledge in 2017.
Most academic philosophers and intellectual historians are familiar with the major historical figures and intellectual movements coming out of Scotland in the 18th Century. These scholars are also familiar with the works of Immanuel Kant and his influence on Western thought. But with the exception of discussion examining David Hume's influence on Kant's epistemology, metaphysics, and moral theory, little attention has been paid to the influence of the Scottish Enlightenment thinkers on Kant's philosophy. This volume aims to fill this perceived gap in the literature and provide a starting point for future discussions looking at the influence of Hume, Hutcheson, Adam Smith, and other Scottish Enlightenment thinkers on Kant's philosophy.
Co-edited with Klas Roth.
Published by Routledge in 2011.
Immanuel Kant's moral philosophy, political philosophy, and philosophy of judgement have been and continue to be widely discussed among many scholars. The impact of his thinking is beyond doubt and his ideas continue to inspire and encourage an on-going dialogue among many people in our world today. Given the historical and philosophical significance of Kant's moral, political, and aesthetic theory, and the connection he draws between these theories and the appropriate function and methodology of education, it is surprising that relatively little has been written on Kant's contribution to education theory. This volume aims to fill this perceived void in Kant scholarship. Essays contained examine either Kant's ideas on education through an historical analysis of his texts; or the importance and relevance of his moral philosophy, political philosophy, and/or aesthetics in contemporary education theory (or some combination).
Published by Routledge in 2011.
Immanuel Kant's moral philosophy, political philosophy, and philosophy of judgement have been and continue to be widely discussed among many scholars. The impact of his thinking is beyond doubt and his ideas continue to inspire and encourage an on-going dialogue among many people in our world today. Given the historical and philosophical significance of Kant's moral, political, and aesthetic theory, and the connection he draws between these theories and the appropriate function and methodology of education, it is surprising that relatively little has been written on Kant's contribution to education theory. This volume aims to fill this perceived void in Kant scholarship. Essays contained examine either Kant's ideas on education through an historical analysis of his texts; or the importance and relevance of his moral philosophy, political philosophy, and/or aesthetics in contemporary education theory (or some combination).
Select Articles
Forthcoming in Public Affairs Quarterly
One concern the economic left raises about capitalist societies is that workers in those societies often feel as if they are chained to their employers and forced to tolerate all sorts of abuses because they fear (rightly or wrongly) either that they have no employment alternatives or that the costs of finding another job are too high. This fear can be crippling, especially when considered through the lens of individual freedom: Someone who lacks financial security is unable to set meaningful long-term goals that they can pursue through their day-to-day actions. Instead, they must always focus their attention on addressing the immediate problem confronting them – their lack of financial security.
This paper argues that a necessary condition of human freedom is the possibility of being able to engage in entrepreneurial activity to support oneself and their family. Human freedom – a condition connected to the principles of action someone adopts and the reasons for adopting those principles – depends on certain external factors. One factor is financial security. People who feel trapped in their jobs are not free. But someone in that same job who believes at any given time he can leave this job and either find another or start his own business enjoys a kind of freedom not enjoyed by the person who feels trapped. One consequence of this position is that someone who objects to the conditions of workers in a capitalistic system would do more good advocating for the removal of barriers to entrepreneurship, than for policies that shift individuals from depending on their employers to depending on the government.
One concern the economic left raises about capitalist societies is that workers in those societies often feel as if they are chained to their employers and forced to tolerate all sorts of abuses because they fear (rightly or wrongly) either that they have no employment alternatives or that the costs of finding another job are too high. This fear can be crippling, especially when considered through the lens of individual freedom: Someone who lacks financial security is unable to set meaningful long-term goals that they can pursue through their day-to-day actions. Instead, they must always focus their attention on addressing the immediate problem confronting them – their lack of financial security.
This paper argues that a necessary condition of human freedom is the possibility of being able to engage in entrepreneurial activity to support oneself and their family. Human freedom – a condition connected to the principles of action someone adopts and the reasons for adopting those principles – depends on certain external factors. One factor is financial security. People who feel trapped in their jobs are not free. But someone in that same job who believes at any given time he can leave this job and either find another or start his own business enjoys a kind of freedom not enjoyed by the person who feels trapped. One consequence of this position is that someone who objects to the conditions of workers in a capitalistic system would do more good advocating for the removal of barriers to entrepreneurship, than for policies that shift individuals from depending on their employers to depending on the government.
Co-Authored with Clark Neily
in The Palgrave Handbook on the Philosophy of Punishment (2023)
This chapter argues that the approach to punishment the U.S. – in particular, how it is determined what punishments are appropriate for which crimes – not only fails to achieve justice, but also drives much of the dysfunction in the U.S. criminal justice system. We then compare this system of punishment to the approach to trial and punishment used in ancient Athens and explain why this approach to punishment would lead to more trials and more just outcomes. The concern, however, is that using this – or any – approach to punishment that leads to more trials seems as if it might cripple the U.S. justice system. We argue that this concern is unfounded and should not stand in the way of procedures that would likely produce more just results.
in The Palgrave Handbook on the Philosophy of Punishment (2023)
This chapter argues that the approach to punishment the U.S. – in particular, how it is determined what punishments are appropriate for which crimes – not only fails to achieve justice, but also drives much of the dysfunction in the U.S. criminal justice system. We then compare this system of punishment to the approach to trial and punishment used in ancient Athens and explain why this approach to punishment would lead to more trials and more just outcomes. The concern, however, is that using this – or any – approach to punishment that leads to more trials seems as if it might cripple the U.S. justice system. We argue that this concern is unfounded and should not stand in the way of procedures that would likely produce more just results.
Co-Authored with Gregory Price.
The American Economist (March 2022)
Strengthening the pathway to entrepreneurship for high school students could be important in regions of the US where economic mobility is low. We examine the impact of high school business education on the decision to be a self-employed entrepreneur in southeastern urban US high schools. We appeal to a potential-outcomes framework to estimate the treatment effect of having taken a business and coding/programming course in high school on actually being a self-employed entrepreneur, and planning to do so in the future. We find evidence that having taken a business course in high school increases the likelihood of actually being a self-employed entrepreneur, and on planning to be one in the future. Our results suggest that, at least in the Southeastern US, urban high school business education can be effective in increasing the supply of entrepreneurs, which could improve economic mobility in the region.
The American Economist (March 2022)
Strengthening the pathway to entrepreneurship for high school students could be important in regions of the US where economic mobility is low. We examine the impact of high school business education on the decision to be a self-employed entrepreneur in southeastern urban US high schools. We appeal to a potential-outcomes framework to estimate the treatment effect of having taken a business and coding/programming course in high school on actually being a self-employed entrepreneur, and planning to do so in the future. We find evidence that having taken a business course in high school increases the likelihood of actually being a self-employed entrepreneur, and on planning to be one in the future. Our results suggest that, at least in the Southeastern US, urban high school business education can be effective in increasing the supply of entrepreneurs, which could improve economic mobility in the region.
Co-Authored with Jacob Monaghan and Eric van Holm.
American Journal of Criminal Justice (2020)
Cash bail has come under increasing scrutiny because of the high number of defendants who remain detained pretrial when they are unable to afford their release. According to critics, this amounts to punishment on the basis of poverty, not crime. As a result, releasing defendants on their own recognizance (ROR) is becoming an increasingly popular reform implemented by cities and states. In this paper, we study individuals released pretrial by Orleans Parish Sheriff’s Office between December 2018 and November 2019 to understand the role and impacts of cash bail and ROR on failure to appear (FTA) and re-arrest rates. We find that ROR does not increase an individual’s likelihood of FTA, but drug tests, a common condition attached to ROR, do increase the chances of FTA. Additionally, larger cash bail amounts and longer times spent awaiting release are correlated with increased rates of re-arrest. In addition, we find substantial disparities in pre-release conditions based on a defendant’s race. These results indicate that reducing or eliminating cash bail will not have a substantial impact on public safety and may have other benefits associated with justice and equity.
American Journal of Criminal Justice (2020)
Cash bail has come under increasing scrutiny because of the high number of defendants who remain detained pretrial when they are unable to afford their release. According to critics, this amounts to punishment on the basis of poverty, not crime. As a result, releasing defendants on their own recognizance (ROR) is becoming an increasingly popular reform implemented by cities and states. In this paper, we study individuals released pretrial by Orleans Parish Sheriff’s Office between December 2018 and November 2019 to understand the role and impacts of cash bail and ROR on failure to appear (FTA) and re-arrest rates. We find that ROR does not increase an individual’s likelihood of FTA, but drug tests, a common condition attached to ROR, do increase the chances of FTA. Additionally, larger cash bail amounts and longer times spent awaiting release are correlated with increased rates of re-arrest. In addition, we find substantial disparities in pre-release conditions based on a defendant’s race. These results indicate that reducing or eliminating cash bail will not have a substantial impact on public safety and may have other benefits associated with justice and equity.
Kennedy Institute Journal of Ethics (2020)
In spring 2020, in response to the COVID-19 crisis, world leaders imposed severe restrictions on citizens’ civil, political, and economic liberties. These restrictions went beyond less controversial and less demanding social distancing measures seen in past epidemics. Many states and countries imposed universal lockdowns. In this paper, we argue that these restrictions have not been accompanied by the epistemic practices morally required for their adoption or continuation. While in theory, lockdowns can be justified, governments did not meet and have not yet met their justificatory burdens.
In spring 2020, in response to the COVID-19 crisis, world leaders imposed severe restrictions on citizens’ civil, political, and economic liberties. These restrictions went beyond less controversial and less demanding social distancing measures seen in past epidemics. Many states and countries imposed universal lockdowns. In this paper, we argue that these restrictions have not been accompanied by the epistemic practices morally required for their adoption or continuation. While in theory, lockdowns can be justified, governments did not meet and have not yet met their justificatory burdens.
Co-Authored with Jason Brennan and Eric Winsberg.
Georgetown Journal of Law & Public Policy (2020)
Title IX’s impact on women’s athletics in the US has been nothing short of dramatic. In 1970, less than 5% of women participated in high school sports, compared to roughly 50% of men. By 1979, female participation jumped to 25%, while male participation numbers remained the same. Between 1979 and 2017, male participation continued to remain the same, while female participation grew steadily to 33% by 1990 and to 43% in 2019, where it has held for the past few years. This rise in high school athletic participation has impacted college participation. In 1971, there were less than 25,000 female college athletes in the US, or about 3% of female college students participated in formal athletics. In 2019, 43.5% of all college student athletes are female.
But who counts as a female athlete, and should transgender athletes, and trans women in particular, be allowed to compete in women’s sports? The challenges of trying to accommodate transgender athletes appropriately in competitive sports come from living in a society that places a high value on athletic achievement, as well as on the competing virtues of equality, individual freedom, and fairness. On an individual level, a person’s participation in competitive sports confers benefits to that individual, with those benefits increasing dramatically as the person becomes more skillful and successful—that is, when they win more. On a societal level, the meritocratic nature of competitive sports, combined with our collective desire to win and to associate the winner with who is the best, has led sports to play a central role in advancing social change in the US, particularly in the areas of race and sex.
This paper starts from the assumption that it is a matter of justice generally to regard a trans man as a man and a trans woman as a woman. Even given this assumption, it is not obvious that this general position should be extended to competitive sports in any and all cases, and, in particular, to the participation in women’s sports by trans women or trans men.
Georgetown Journal of Law & Public Policy (2020)
Title IX’s impact on women’s athletics in the US has been nothing short of dramatic. In 1970, less than 5% of women participated in high school sports, compared to roughly 50% of men. By 1979, female participation jumped to 25%, while male participation numbers remained the same. Between 1979 and 2017, male participation continued to remain the same, while female participation grew steadily to 33% by 1990 and to 43% in 2019, where it has held for the past few years. This rise in high school athletic participation has impacted college participation. In 1971, there were less than 25,000 female college athletes in the US, or about 3% of female college students participated in formal athletics. In 2019, 43.5% of all college student athletes are female.
But who counts as a female athlete, and should transgender athletes, and trans women in particular, be allowed to compete in women’s sports? The challenges of trying to accommodate transgender athletes appropriately in competitive sports come from living in a society that places a high value on athletic achievement, as well as on the competing virtues of equality, individual freedom, and fairness. On an individual level, a person’s participation in competitive sports confers benefits to that individual, with those benefits increasing dramatically as the person becomes more skillful and successful—that is, when they win more. On a societal level, the meritocratic nature of competitive sports, combined with our collective desire to win and to associate the winner with who is the best, has led sports to play a central role in advancing social change in the US, particularly in the areas of race and sex.
This paper starts from the assumption that it is a matter of justice generally to regard a trans man as a man and a trans woman as a woman. Even given this assumption, it is not obvious that this general position should be extended to competitive sports in any and all cases, and, in particular, to the participation in women’s sports by trans women or trans men.
Journal of Business Ethics (Sept. 2019)
This paper examines ethical considerations relating to the current role of financial incentives in policing and punishment in the United States, focusing on the two methods of punishment most popular in the US: (1) fines and forfeitures and (2) incarceration. It examines how financial incentives motivate much of our penal system, including how and when laws are enforced; discusses relevant ethical considerations and concerns connected with our current practices; proposes a theoretical solution for addressing these problems that involves realigning existing incentives to better serve the interests of justice; and considers how that theoretical solution can be applied in practice. While there are no easy solutions to resolving many of the current ethical problems related to policing and punishment, this paper will argue that some of our current practices, practices that many people believe are morally problematic (e.g., our current approach to prison labor), not only are not problematic, but also can point us towards more effective and efficient policy solutions in other areas.
This paper examines ethical considerations relating to the current role of financial incentives in policing and punishment in the United States, focusing on the two methods of punishment most popular in the US: (1) fines and forfeitures and (2) incarceration. It examines how financial incentives motivate much of our penal system, including how and when laws are enforced; discusses relevant ethical considerations and concerns connected with our current practices; proposes a theoretical solution for addressing these problems that involves realigning existing incentives to better serve the interests of justice; and considers how that theoretical solution can be applied in practice. While there are no easy solutions to resolving many of the current ethical problems related to policing and punishment, this paper will argue that some of our current practices, practices that many people believe are morally problematic (e.g., our current approach to prison labor), not only are not problematic, but also can point us towards more effective and efficient policy solutions in other areas.
Co-authored with J.P. Messina.
Ethical Theory and Moral Practice (August 2015)
This paper responds to the recent situationist critique of practical rationality and decision-making. According to that critique, empirical evidence indicates that our choices (1) are governed by morally irrelevant situational factors and not durable character traits, and (2) rarely result from overt rational deliberation. This critique is taken to indicate that popular moral theories in the Western tradition (i.e., virtue ethics, Kantian ethics, and utilitarian ethics) are descriptively deficient, even if normatively plausible or desirable. But we believe that the situationist findings regarding the sources of, or influences over, our moral agency do not reflect durable features of human nature, and claim that these findings are simply a byproduct of a deficient approach to moral education. Existing models of moral education, which are "positive" in nature, do a poor job of developing virtuous people. Instead, we argue that a "negative" approach to moral education, traceable to Locke, Smith, and Rousseau, would be more successful. This strategy represents something of a compromise between the strategies adopted by thinkers like Rachana Kamtekar (2004), who argues that traditional moral categories escape largely untouched by findings in social psychology, and John Doris (1998) and Gilbert Harman (2003), who argue that findings in psychology prove our traditional moral theories are defective.
Ethical Theory and Moral Practice (August 2015)
This paper responds to the recent situationist critique of practical rationality and decision-making. According to that critique, empirical evidence indicates that our choices (1) are governed by morally irrelevant situational factors and not durable character traits, and (2) rarely result from overt rational deliberation. This critique is taken to indicate that popular moral theories in the Western tradition (i.e., virtue ethics, Kantian ethics, and utilitarian ethics) are descriptively deficient, even if normatively plausible or desirable. But we believe that the situationist findings regarding the sources of, or influences over, our moral agency do not reflect durable features of human nature, and claim that these findings are simply a byproduct of a deficient approach to moral education. Existing models of moral education, which are "positive" in nature, do a poor job of developing virtuous people. Instead, we argue that a "negative" approach to moral education, traceable to Locke, Smith, and Rousseau, would be more successful. This strategy represents something of a compromise between the strategies adopted by thinkers like Rachana Kamtekar (2004), who argues that traditional moral categories escape largely untouched by findings in social psychology, and John Doris (1998) and Gilbert Harman (2003), who argue that findings in psychology prove our traditional moral theories are defective.
Educational Philosophy and Theory (May 2014)
This article examines the role of physical education in the process of moral education, and argues that physical education is a necessary prerequisite for the possibility of human virtue. This discussion is divided into four parts. First, I examine the nature of morality and moral decision-making. Drawing on the moral theories presented by Plato, Aristotle and Kant, I argue that morality is connected with reason and the attainment of objectively good goals. Second, I examine the role of moral education in helping individuals to cultivate a virtuous character state. I outline the approaches to moral education taken by Plato, Aristotle and Kant—dialectic, dogmatic and catechistic—and examine the ability of each approach to develop the appropriate moral disposition within individuals. Third, I examine the cultivation of this disposition by considering the connection between virtue and happiness and the possibility of producing an individual who is both virtuous and happy through moral education. Fourth, although there is disagreement about the means of moral education, I argue that there must be agreement concerning one necessary component of moral education: physical education. Physical education, while connected to non-moral exercises, allows individuals to develop the strength to become apathetic to bodily desires (e.g. the desire to obtain pleasure or pursue pain), desires that lead them away from virtue.
This article examines the role of physical education in the process of moral education, and argues that physical education is a necessary prerequisite for the possibility of human virtue. This discussion is divided into four parts. First, I examine the nature of morality and moral decision-making. Drawing on the moral theories presented by Plato, Aristotle and Kant, I argue that morality is connected with reason and the attainment of objectively good goals. Second, I examine the role of moral education in helping individuals to cultivate a virtuous character state. I outline the approaches to moral education taken by Plato, Aristotle and Kant—dialectic, dogmatic and catechistic—and examine the ability of each approach to develop the appropriate moral disposition within individuals. Third, I examine the cultivation of this disposition by considering the connection between virtue and happiness and the possibility of producing an individual who is both virtuous and happy through moral education. Fourth, although there is disagreement about the means of moral education, I argue that there must be agreement concerning one necessary component of moral education: physical education. Physical education, while connected to non-moral exercises, allows individuals to develop the strength to become apathetic to bodily desires (e.g. the desire to obtain pleasure or pursue pain), desires that lead them away from virtue.
Topoi (October 2012)
This paper examines the nature of Aristotelian phronesis, how it is attained, and who is able to attain it inside the polis. I argue that, for Aristotle, attaining phronesis does not require an individual to perfect his practical wisdom to the point where he never makes a mistake, but rather it is attained by certain individuals who are unable to make a mistake of this kind due to their education, habituation, and position in society.
This paper examines the nature of Aristotelian phronesis, how it is attained, and who is able to attain it inside the polis. I argue that, for Aristotle, attaining phronesis does not require an individual to perfect his practical wisdom to the point where he never makes a mistake, but rather it is attained by certain individuals who are unable to make a mistake of this kind due to their education, habituation, and position in society.
I am a professor of ethics, strategy, and public policy at the University of New Orleans, where I also direct UNO's Urban Entrepreneurship and Policy Institute.
My academic work focuses on current issues in ethics and public policy, including the connection between human well-being and entrepreneurship; the importance of free exchange to the proper functioning of a free society; and the role of financial incentives in shaping institutions and influencing public policy, especially in the US criminal justice system.
For the past three years, I've exammined the opportunities and challenges for minority entrepreneurs, especially coming out of the COVID-19 pandemic. From July 2023 through June 2026, I'll be examining how to make high school financial education more impactful for minority and Pell-eligible students. This project is supported by a $2M grant from the John Templeton Foundation.