Bentham on Stilts: The Bare Relevance of Subjectivity to Retributive Justice

Abstract

defending an objective conception of happiness and criticizing subjective, psychological accounts).But other scholars advance a subjective stance towards happiness-that is, it is a psychological state of (very roughly speaking) "pleasure."The subjectivists we review in this article largely do so as well.This is in fact a controversial understanding of happiness, to which Nussbaum offers a valuable and bracing corrective.Nonetheless, John Bronsteen, Christopher Buccafusco, and Jonathan Masur, as well as Adam Kolber--our targets in much of this Article-have recently come out with more sweeping defenses of the importance of subjective well-being in the law.See