Forgiveness

This paper argues that the moral value of unconditional forgiveness is more complicated and constrained than it is often taken to be. When we unconditionally forgive, we engage with someone in a way that doesn’t take seriously their perspective about the meanings and values at stake in our relations with them. Other things being equal, this is problematic; it is normatively condescending, belittling the place of the other person’s moral agency in our relations with them. This doesn’t mean that unconditional (...) forgiveness is always bad or impermissible. It does, though, complicate how we should think about its moral value. (shrink)

In ‘Forgiveness, an Ordered Pluralism’, Fricker distinguishes two concepts of forgiveness, both of which are deployed in our forgiveness practices: moral justice forgiveness and gifted forgiveness. She then argues that the former is more explanatorily basic than the latter. We think Fricker is right about this. We will argue, however, that contra Fricker, it is a third more minimal concept that is most basic. Like Fricker, we will focus on the function of our practices, but in a way that is (...) informed by research in ethology (research which seeks to explain the function of animal behaviour and determine how these behaviours evolved). (shrink)

Forgiveness theorists focus a good deal on explicating the content of what they take to be a shared folk concept of forgiveness. Our empirical research, however, suggests that there is a range of concepts of forgiveness present in the population, and therefore that we should be folk conceptual pluralists about forgiveness. We suggest two possible responses on the part of forgiveness theorists: (1) to deny folk conceptual pluralism by arguing that forgiveness is a functional concept and (2) to accept folk (...) conceptual pluralism and focus on a revisionary conceptual ethics project. (shrink)

According to the standard account of forgiveness, you forgive your wrongdoer by overcoming your resentment towards them. But how exactly must you overcome your resentment, and when is it fitting to do so? I introduce a novel version of the standard account to answer these questions. The negative reactive attitudes are a fitting response not just to someone’s blameworthiness, but to their blameworthiness being significant for you, or worthy of your caring. Someone’s blameworthiness is significant for you to the extent (...) you’re bound up with what grounds it—e.g. with the wrongdoer’s being a participant in human relationships, or the victim’s being a source of demands. So you may fittingly not care about someone’s blameworthiness if it’s sufficiently insignificant for you—e.g. if they lived in a distant time and place. And forgiveness revolves around this. You (fittingly) forgive your wrongdoer if and only if, partly out of goodwill towards them, you (fittingly) don’t care about their blameworthiness anymore—a bit as if their fault had happened far off. This account resolves the apparent ‘paradoxy of forgiveness’ (Kolnai 1973), and satisfies a number of desiderata. (shrink)

This chapter considers the possibility and ethics of collective forgiveness. I begin by distinguishing between different forms of forgiveness to illustrate what it might look like for a collective to forgive that is distinct from the individual and group-based forgiveness of its members. I then consider how emotional models of forgiveness might capture the phenomenon of collective forgiveness. I argue that shortcomings with emotional models suggest that performative and social practice models of forgiveness more plausibly extend to collective forgiveness. I (...) close by exploring a range of moral questions and objections to practices of collective forgiveness. (shrink)

Drawing on work in the Philosophy of Race, this chapter argues that the existence of races in heaven is either incompatible or only questionably compatible with the mainstream Christian view of the afterlife. However, it also argues that there is a phenomenon adjacent and related to race that can exist in the afterlife, namely racial identity. If one thinks of racial identity as a kind of practical identity, it turns out that racial identity is primarily psychological. Thus, its existence in (...) heaven is compatible with the mainstream Christian view that people with some semblance of human psychology continue on after death. Furthermore, the chapter offers reasons to think that we will need racial identities in the afterlife to facilitate forgiveness and reconciliation. Finally, it suggests that preserving racial identities from this life to the next is, on balance, preferable. (shrink)

Imagine a case of wrongdoing—not something trivial, but nothing so serious that adequate reparations are impossible. Imagine, further, that the wrongdoer makes those reparations and sincerely apologizes. Does she have a moral right to be forgiven? The standard view is that she does not, but this paper contends that the standard view is mistaken. It begins by showing that the arguments against a right to be forgiven are inconclusive. It ends by making two arguments in defense of that right.

This paper defends an account of forgiveness that is sensitive to recent work on anger. Like others, we claim anger involves an appraisal, namely that someone has done something wrong. But, we add, anger has two further functions. First, anger communicates to the wrongdoer that her act has been appraised as wrong and demands she feel guilty. This function enables us to explain why apologies make it reasonable to forgo anger and forgive. Second, anger sanctions the wrongdoer for what she (...) has done. This function allows us to explore the moral status of forgiveness, including why forgiveness is typically elective. (shrink)

This book looks at what it means to be wronged, and why we react to wrongdoing in ways that can cause us more suffering and pain. An alternative approach called 'restorative justice' is proposed as a safe and effective way of avoiding these reactions whilst honouring our values and our common humanity.

This paper challenges a common dogma of the literature on forgiveness: that only victims have the standing to forgive. Attacks on third-party forgiveness generally come in two forms. One form of attack suggests that it follows from the nature of forgiveness that third-party forgiveness is impossible. Another form of attack suggests that although third-party forgiveness is possible, it is always improper or morally inappropriate for third parties to forgive. I argue against both of these claims; third-party forgiveness is possible, and (...) in some cases it is morally appropriate for third parties to forgive (or refuse to forgive) wrongdoers for wrongs done to victims. I also propose an explanation of third parties’ standing to forgive: third parties have the standing to forgive when it is appropriate for them to take wrongs done to victims ‘personally’. While appropriately ‘taking a wrong personally’ does not require seeing oneself as a victim, it typically does require being in some form of personal relationship with victims. Thus, while the standing to forgive is not grounded exclusively in having been wronged, the prerogative to forgive is normally limited to victims and their loved ones. And once we recognize the importance of third-party forgiveness in our moral lives and the norms that govern it, we can more easily adjudicate between competing accounts of the nature of forgiveness.​. (shrink)

Influentially, Pamela Hieronymi has argued that any account of forgiveness must be both articulate and uncompromising. It must articulate the change in judgement that results in the forgiver’s loss of resentment without excusing or justifying the misdeed, and without comprising a commitment to the transgressor=s responsibility, the wrongness of the action, and the transgressed person=s self-worth. Non-articulate accounts of forgiveness, which rely on indirect strategies for reducing resentment (for example, reflecting on the transgressor’s bad childhood) are said to fail to (...) explain forgiveness. I argue that the articulateness condition is not a necessary condition for forgiveness. I respond to numerous objections advanced against non-articulate accounts, including the claim that the resentment-mitigating practices they involve amount to excusing. Appealing to P.F. Strawson=s distinction between objective and participant attitudes, I argue that forgivers can take transgressors to be detrimentally causally shaped by their past while holding him them to be morally responsible. (shrink)

This paper examines Miranda Fricker’s method of paradigm-based explanation and in particular its promise of yielding an ordered pluralism. Fricker’s starting point is a schism between two conceptions of forgiveness, Moral Justice Forgiveness and Gifted Forgiveness. In the light of a hypothesis about the basic point of forgiveness, she reveals the unity underlying the initially baffling plurality and brings order into it, presenting a paradigmatic form of forgiveness as explanatorily basic and other forms as derivative. The resulting picture, she claims, (...) is an ‘explanatorily satisfying ordered pluralism.’ But what is this ordered pluralism and how does Fricker’s method deliver it? And to what extent can this strategy be generalised to other conceptual practices? By making explicit and critically examining the conception of ordered pluralism implicit in Fricker’s procedure, I assess the promise that her approach holds as a way of resolving stand-offs between warring conceptions of ideas or practices more widely. I argue that it holds great promise in this respect, but that if we are to avoid reproducing just the schismatic debates that the pluralism of paradigm-based explanation is supposed to overcome at the level of what is to be regarded as a paradigm case, we need to take seriously the thought that what counts as a paradigm is partly determined by our purposes in giving a paradigm-based explanation. (shrink)

To love someone, Eleonore Stump tells us, is to have two desires: a desire her objective good and a desire for union with her. In Atonement, Stump claims that loving someone—understood as having these desires—is necessary and sufficient for morally appropriate forgiveness. I offer several arguments against this claim.

This volume has its roots in two recent developments within mainstream analytic epistemology: a growing recognition over the past two or three decades of the active and social nature of our epistemic lives; and, more recently still, the increasing appreciation of the various ways in which the epistemic practices of individuals and societies can, and often do, go wrong. The theoretical analysis of these breakdowns in epistemic practice, along with the various harms and wrongs that follow as a consequence, constitutes (...) an approach to epistemology that we refer to as non-ideal epistemology. In this introductory chapter we introduce and contextualise the ten essays that comprise this volume, situating them within four broad sub-fields: vice epistemology, epistemic injustice, inter-personal epistemic practices, and applied epistemology. We also provide a brief overview of several other important growth areas in non-ideal epistemology. (shrink)

In this paper, we set out to test empirically an idea that many philosophers find intuitive, namely that non-moral ignorance can exculpate. Many philosophers find it intuitive that moral agents are responsible only if they know the particular facts surrounding their action. Our results show that whether moral agents are aware of the facts surrounding their action does have an effect on people’s attributions of blame, regardless of the consequences or side effects of the agent’s actions. In general, it was (...) more likely that a situationally aware agent will be blamed for failing to perform the obligatory action than a situationally unaware agent. We also tested attributions of forgiveness in addition to attributions of blame. In general, it was less likely that a situationally aware agent will be forgiven for failing to perform the obligatory action than a situationally unaware agent. When the agent is situationally unaware, it is more likely that the agent will be forgiven than blamed. We argue that these results provide some empirical support for the hypothesis that there is something intuitive about the idea that non-moral ignorance can exculpate. (shrink)

I consider the implications of two globally influential love-centred value systems for how to respond to painful memories that are a consequence of large-scale social conflict. More specifically, I articulate a moral-philosophical interpretation of the sub-Saharan worldview of ubuntu, and consider what it entails for responding to such trauma. According to this ethic, one should strive to become a real person, which one can do insofar as one honours those capable of communal (or broadly loving) relationships, ones of identity and (...) solidarity with others. I compare the implications of this ubuntu ethic with those of prominent Christian principles such as the golden rule and the commandment to love one's neighbour, noting some similarities between them, but emphasizing differences. Salient topics addressed are reconciliation with others, reconciliation to one's situation, punishment and forgiveness. (shrink)

I argue that while moral exemplars are useful, we must be careful in our use of them. I first describe forgiveness exemplars that are often used to persuade victims to forgive such as Nelson Mandela, Martin Luther King Jr., and Jesus of Nazareth. I also explain how, for Kant, highlighting these figures as moral exemplars can be useful. I then explain two kinds of rhetorical strategies that are used when attempting to convince victims to forgive. Last, I explain (a la (...) Kant) how the use of exemplars does not empower but instead disempowers victims. My overall claim is that using exemplars to persuade victims to forgive is problematic. It is best if we rely on decisive reasons to forgive instead of focusing on people who have forgiven. (shrink)

Forgiveness and reconciliation are central to moral life; after all, everyone will be wronged by others and will then face the dual decisions of whether to forgive and whether to reconcile. It is therefore important that we have a clear analysis of each, as well as a thoroughly articulated understanding of how they relate to and differ from each other. -/- Forgiveness has received considerably more attention in the Western philosophical literature than has reconciliation. In this paper I aim to (...) give it the attention it deserves and develop an account of interpersonal reconciliation. On my view reconciliation is fundamentally bilateral (whereas forgiveness is fundamentally unilateral). It entails transparency and agreement between the wrongdoer and the victim as to the nature of a past wrong or set of wrongs. And, it requires that moral repair be made between the two parties (which entails that both parties bear proper attitudes towards each other). In making my case I contrast reconciliation with toleration and collaboration, in order to demonstrate that reconciliation also entails forgiveness (though forgiveness does not entail reconciliation). (shrink)

In this paper, I take issue with the widespread philosophical consensus that only victims of wrongdoing are in a position to forgive it. I offer both a defense and a philosophical account of third-party forgiveness. I argue that when we deny this possibility, we misconstrue the complex, relational nature of wrongdoing and its harms. We also risk over-moralizing the victim's position and overlooking the roles played by secondary participants. I develop an account of third-party forgiveness that both demonstrates how successful, (...) morally legitimate, acts of third-party forgiveness are possible and simultaneously highlights the particular moral risks that would-be third-party forgivers face. I conclude insofar as they are appropriately grounded and cautiously bestowed, at least some acts of third-party forgiveness contribute significantly to post-conflict repair. (shrink)

Aristotle claims that in some extenuating circumstances, the correct response to the wrongdoer is sungnōmē rather than blame. Sungnōmē has a wide spectrum of meanings that include aspects of sympathy, pity, fellow-feeling, pardon, and excuse, but the dominant interpretation among scholars takes Aristotle’s meaning to correspond most closely to forgiveness. Thus, it is commonly held that the virtuous Aristotelian agent ought to forgive wrongdoers in specific extenuating circumstances. Against the more popular forgiveness interpretation, I begin by defending a positive account (...) of sungnōmē as the correct judgment that a wrongdoer deserves excuse since she was not blameworthy. I then argue that since sungnōmē is merited on the grounds of fairness, this shows that both the forgiveness interpretation and a third, alternative interpretation of sungnōmē as sympathy mischaracterize both the justification for sungnōmē and its nature. Moreover, I argue that Aristotle not only lacks an account of forgiveness but in fact, that his account of blame is incompatible with forgiveness altogether. (shrink)

In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.

In this chapter, I will offer a strategic new interpretation of Hannah Arendt's conception of forgiveness. In brief, I propose understanding Arendt as suggesting—not that evil is objectively banal, or a mere failure of imagination—but instead that it is maximally forgiveness-facilitating to understand the seemingly unforgivable as merely a failure of imagination. In other words, we must so expand our imaginative powers (what Arendt terms “enlarged mentality”) by creatively imagining others as merely insufficiently unimaginative, all in order to reimagine them (...) as beings whom we are willing and able to forgive. It is in this sense that I understand forgiveness for Arendt as a kind of “magic.” That is, forgiveness involves the imaginatively-funded creation of a new reality by merely naming it, like the phenomenon of “magic thinking,” wherein one believes one’s thoughts or speech are immediately realized in the world. The magic of forgiveness, in other words, is an incantation or performative speech act, based on the forgiver’s choice to “make believe,” or pretend-into-being, that the forgiven person is forgivable qua thoughtless. (shrink)

This paper assesses the aesthetic components of the experience of forgiveness to develop a procedural model of the phenomenological process that negotiates cognitive judgments and understanding with emotional affective states. By bringing the Greek concepts of kalokagathia and eudaimonia into conversation with Ricoeur’s “solicitude,” I suggest that the impetus for engaging in the process of forgiveness is best understood narratively as the pursuit of a life well lived (in terms of beauty). Consequently, forgiveness is revealed as a technique for developing (...) both an optimal personal and public character (in both moral and aesthetic terms). (shrink)

It is sometimes claimed that forgiveness involves the cancellation of a moral debt. This way of speaking about forgiveness exploits an analogy between moral forgiveness and economic debt-cancellation. Call the view that moral forgiveness is like economic debt-cancellation the Economic Model of Forgiveness. In this article I articulate and motivate the model, defend it against some recent objections, and pose a new puzzle for this way of thinking about forgiveness.

Philosophers writing on forgiveness typically defend the Resentment Theory of Forgiveness, the view that forgiveness is the overcoming of resentment. Rarely is much more said about the nature of resentment or how it is overcome when one forgives. Pamela Hieronymi, however, has advanced detailed accounts both of the nature of resentment and how one overcomes resentment when one forgives. In this paper, I argue that Hieronymi’s account of the nature of forgiveness is committed to two implausible claims about the norms (...) bearing on forgiveness. Her account is highly instructive, however, for it brings into relief how certain intuitive views about the norms of forgiveness should be used to constrain our theories about its nature. I conclude by defending this methodological proposal. (shrink)

The concept of respect for persons is often rejected as a basis for understanding forgiveness. As many have argued, to hold your offender responsible for her actions is to respect her as a person; but this kind of respect is more likely to sustain, rather than dissolve, your resentment toward her (Garrard & McNaughton 2003; 2011; Allais 2008). I seek to defend an alternative view in this paper. To forgive, on my account, involves ceasing to identify your offender with her (...) wrongdoing, and this requires a corresponding affective change on your behalf. While there are different ways this may happen, I argue that respect for your offender as a person can play a significant role in the process. (shrink)

There seems to be confusion and disagreement among scholars about the meaning of interpersonal forgiveness. In this essay we shall venture to clarify the meaning of forgiveness by examining various literary works. In particular, we shall discuss instances of forgiveness from Homer’s The Iliad, Euripides’ Hippolytus, and Aristotle’s Nicomachean Ethics and we shall focus on the changes that the concept of forgiveness has gone through throughout the centuries, in the hope of being able to understand, and therefore, of being able (...) to use more accurately, contemporary notions of forgiveness. We shall also explore the relationship between forgiveness and concepts that are closely associated with it, such as anger/resentment, hurt, clemency, desert/merit, excuse, etc. (shrink)

Most philosophers who discuss the value of forgiveness concentrate on its moral value. This paper focuses on the prudential value of forgiveness, which has been surprisingly neglected by moral philosophers. I suggest that this may be because part of the concept of forgiveness involves the forgiver being motivated by moral rather than prudential considerations. But this does not justify neglecting the prudential value of forgiveness, which is important even though forgivers should not be prudentially motivated. Forgiveness helps satisfy interests arising (...) from the need for co-operation in such areas as epistemic life, where humans are interdependent. Forgiveness can restore epistemic relationships, and this has the prudential value of helping agents navigate their way through their environment. While the prudential value of forgiveness may be supplementary to its moral value, it would be a mistake to ignore this area of the debate. Exploring the prudential value of forgiveness enriches our understanding of the role that this practice plays in human life, and may contribute to explaining the origin of forgiveness. (shrink)

In this paper, we explore how a conversational theory of moral responsibility can provide illuminating resources for building a theory about the nature and norms of moral forgiveness.

While most scholars focus on the advantages of forgiveness, the negative effects of hasty forgiveness have been largely neglected in the literature. In this essay I shall argue that in certain contexts granting forgiveness to a wrongdoer could be morally questionable, and sometimes it could even be morally wrong. Following Aristotle’s view of emotion, and, in particular, his notion of virtuous anger, I shall claim that appropriate, righteous anger is instrumental for justice, and, as a result, inappropriate, or imprudent forgiveness (...) could be an impediment to justice, or even a license for the continuation of injustice. (shrink)

Conflicts abound in Asian American churches between different groups. This study articulates a theological location of forgiveness that speaks to those conflicts. In particular, it situates forgiveness in the liminal space between what Homi K. Bhabha describes as "domains of difference" that define different generational or ethnic groups within Asian American churches. Yet the possibility of forgiveness is enacted only when both sides of a conflict are willing to move from those domains into liminal space. This study argues that Mark (...) Lewis Taylor's articulation of "dialogical questioning" is a useful mechanism for making such movements possible. (shrink)

The question of forgiveness in politics has attained a certain cachet. Indeed, in the fifty years since Arendt commented on the notable absence of forgiveness in the political tradition, a vast and multidisciplinary literature on the politics of apology, reparation, and reconciliation has emerged. To a novice scouring the relevant literatures, it might appear that the only discordant note in this new veritable symphony of writings on political forgiveness has been sounded by philosophers. There is a more-than-healthy cynicism directed at (...) what many philosophers see as an uncritical promotion of forgiveness, which – they fear – risks distorting and cheapening forgiveness as a moral ideal, on the one hand, and ignoring the moral and political values of justice, accountability and the cessation of harmful relationships, on the other. Are philosophical fears about the dangers of thinking about forgiveness in political terms warranted – or do they perhaps depend in part on conceptual conservatism regarding what exactly political forgiveness might be? I argue that most, if not all, standard objections to political forgiveness emerge from theoretical reliance on a picture of forgiveness I will call the Emotional Model. Once we make conceptual space for descriptions of forgiveness in performative and social terms, the concept is more easily adapted to a political account without at least some of the risks feared by philosophers. (shrink)

This article explores the forms of moral repair that the wrongdoer has to perform in an attempt to make amends for her past wrongdoing, with a focus on the issues of interpersonal moral repair; that is, what a wrongdoer can do to merit her victim‘s forgiveness and achieve reconciliation with her community. The article argues against the very general demands of atonement that amount to an obligation to stop being someone who commits wrongs—to become a moral saint—and suggests a new (...) form of atonement that is more practical and useful in our everyday life. (shrink)

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered whether (...) an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)

In his paper, “The Paradox of Forgiveness“ (this Journal 6 (2009), p. 365-393), Leo Zaibert defends the novel and interesting claim that to forgive is deliberately to refuse to punish. I argue that this is mistaken.

We introduce what we call the Emergent Model of forgiving, which is a process-based relational model conceptualizing forgiving as moral and normative repair in the wake of grave wrongs. In cases of grave wrongs, which shatter the victim’s life, the Classical Model of transactional forgiveness falls short of illuminating how genuine forgiveness can be achieved. In a climate of persistent threat and distrust, expressions of remorse, rituals and gestures of apology, and acts of reparation are unable to secure the moral (...) confidence and trust required for moral repair, much less for forgiveness. Without the rudiments of a shared moral world — a world in which, at the very least, the survivor’s violation can be collectively recognized as a violation, and her moral status and authority collectively acknowledged and respected — expressions of remorse, gestures and rituals of apology, or promises of compensation have no authority as meaningful communicative acts with reparative significance. Accordingly, we argue that repair in the wake of traumatic violence involves ‘world-building,’ which supports the ability of survivors to move from despair to hope, from radical and disabling distrust to trust and engagement, and thus from impotence to effective agency. Our Emergent Model treats forgiveness as a slowly developing outcome of a series of changes in a person’s relationship to the trauma and its aftermath, in which moral agency is regained. We argue that forgiveness after grave wrongs and world-shattering harm, when it occurs, emerges from other phenomena, such as cohabitation within a community, gestures of reconciliation, working on shared projects, the developing of trust. On this view, forgiveness is an emergent phenomenon; it entails taking and exercising normative power—coming to claim one’s own moral authority in relation to oneself, one’s assailant, and one’s community. The processes that ultimately constitute forgiving are part and parcel of normative repair more broadly construed. (shrink)

In The Atrocity Paradigm, Claudia Card suggests we forgiveness as a potentially valuable exercise of a victim's moral powers. Yet Card never makes explicit just what 'moral powers' are, or how to understand their grounding or scope. I draw out unacknowledged implications of her framework: namely, that others than the primary victim may forgive, and -- conversely -- that some victims may find themselves morally dis-empowered. Furthermore, talk of "moral powers" allows us to appropriately acknowledge the value of refusals to (...) forgive and the issue of "forgivable" evils, in ways that talk of forgiveness as a duty or virtue cannot. (shrink)

Forgiveness is typically regarded as a good thing - even a virtue - but acts of forgiveness can vary widely in value, depending on their context and motivation. Faced with this variation, philosophers have tended to reinforce everyday concepts of forgiveness with strict sets of conditions, creating ideals or paradigms of forgiveness. These are meant to distinguish good or praiseworthy instances of forgiveness from problematic instances and, in particular, to protect the self-respect of would-be forgivers. But paradigmatic forgiveness is problematic (...) for a number of reasons, including its inattention to forgiveness as a gendered trait. We can account for the values and the risks associated with forgiving far better if we treat it as a moral practice and not an ideal. (shrink)

In the novel "Het Been" by the Flemish writer Willem Elsschot. In the novel, a businessman becomes obsessive over the fact that a victim of his unscrupulous business practices refuses to forgive him. This raises the following questions: Why does one find it upsetting when the victim of one's wrongdoing refuses to accept our apologies? Why does one find it upsetting when the victim is unwilling to grant us the forgiveness that we are asking for?

The categorical denial of third-party forgiveness represents an overly individualistic approach to moral repair. Such an approach fails to acknowledge the important roles played by witnesses, bystanders, beneficiaries, and others who stand in solidarity to the primary victim and perpetrator. In this paper, I argue that the prerogative to forgive or withhold forgiveness is not universal, but neither is it restricted to victims alone. Not only can we make moral sense of some third-party acts and utterances of the form, “I (...) can or cannot forgive…” but also, we ought to recognize them as legitimate instances of third party forgiveness. Concern for the primary victim’s autonomy tends to exaggerate a need for moral deference, while ignoring how others are called upon to support and mediate for victims of violence and oppression. I advocate a cautious extension of the victim’s prerogative to forgive, one that grounds forgiveness in a double relation of sympathetic identification and attentive care. Following Jean Harvey’s recent work, I call this relationship moral solidarity. Furthermore, I argue, there are important moral and political reasons to acknowledge third party forgiveness; these reasons are particularly evident in contexts of oppression. In fact, third party refusals to forgive may have particular moral significance. In situations of abuse, oppression and damaged self-respect, third party refusals may protect the agency of victims who too easily forgive. (shrink)

Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection. People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible (...) wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’. (shrink)

This Consultation Report was part of a wider project that aimed to explore the feasibility of a restorative justice service in the context of work-related deaths in Victoria, the first part of which involved a Literature Review. The aim of this Report was: (1) To present the responses that were received in the consultation process.
(2) To identify the views of individuals, drawn from key stakeholder groups, on the project's three working hypotheses. (3)
To make a set of recommendations, based (...) on the findings of the research project, for the use of restorative justice as a means of addressing the harm caused by work-related deaths. (shrink)