Usually I half-agree with what Julian Sanchez has to say. But not in this case.
In a recent post, I suggested that claims about “desert” are generally misplaced in arguments about copyright—whether they are deployed on behalf of “deserving” small fry artists or against “undeserving” labels. As some commenters pointed out, there’s no obvious reason this argument should be restricted to the domain of copyright—and quite right. I think most areas of political philosophy and policy—theory of just punishment springs to mind as a possible exception—would be better off if we just scrapped the concept of “desert” entirely, and just spoke about what people are entitled to.
Here’s the difference, very roughly, in case this sounds like semantic hairsplitting. To say someone deserves X is to say that X is in some sense an appropriate or fair reward in light of that person’s morally virtuous qualities or conduct. To say that someone is entitled to X is just to say that the person has a just claim to X, without any implied commitment to some deeper claim about their moral merit.
Here’s his thesis, a paragraph or so further on: “I think political and policy discussions should concentrate on what people are entitled to, rather than on necessarily muddy attempts to determine (and embed in law) what people morally deserve.”
The post goes on at some length. Sanchez is at pains to confess that he is making a rather vague argument, not trying to nail anything down. But it seems to me 1) absolutely, completely hopeless; 2) a standing temptation to libertarians and conservatives; 3) worth shooting down hard. [click to continue…]

