Strawson's view on punishment has been either neglected or recoiled from in contemporary scholarship on ‘Freedom and Resentment’ (FR). Strawson's alleged retributivism has made his view suspect and troublesome. In this article, we first argue, against the mainstream, that the punishment passage is an indispensable part of the main argument in FR (section 1) and elucidate in what sense Strawson can be called ‘a retributivist’ (section 2). We then elaborate our own hypothesis of symbolic retribution to explain the continuum between (...) moral reactive attitudes and punishment that Strawson only adumbrates (section 3). After this justification of the punitive response to wrongdoing, we compare and contrast our specific kind of retributivist hypothesis with other positions in the so-called ‘new retributivism’ (section 4). Our hypothesis differs from other subvarieties of expressive retributivism in putting centre stage the idea of punishment as taking up a reverential stance towards the victim. (shrink)

This article applies the idea of political reconciliation to current debates on global injustices. My underlying thesis is that the idea of reconciliation fits better to the nonideal circumstances of global exploitation and domination. Originally, political reconciliation defines a transitional process from a state of severe injustice to a state of renewed social peace and cooperation under conditions of serious disagreement and in the absence of a well-ordered social structure. What the theory of political reconciliation has to add to nonideal (...) theorizing is that political stability and unity are to be based on a societal healing process that depends on institutional measures of trust-building, truth telling and forgiveness. (shrink)

In this paper I outline a critical justification of the practice of political whistleblowing as exemplified by the case of Edward Snowden. At first, I argue that the question of justifiability cannot be settled with regard to absolutely binding principles such as special loyalties or the categorical duty to inform fellow citizens. What is required instead is the careful weighing of all relevant consequential and deontic reasons. However, this weighing process has to be publically justified. I will therefore turn to (...) the theory of civil disobedience which provides us with two roots of public justification: widely accepted constitutional values and the primacy of public deliberation. In this view, political whistleblowing is to be seen as a special case of civil disobedience and can be justified along the lines of both liberal and republican approaches. However, in the end of the paper I will indicate that we have to transcend the state-based model of civil disobedience. Snowden’s acts of whistleblowing have a further cosmopolitan intention and need to be justified in terms of avant-garde principles of global justice. (shrink)

ABSTRACTThis article applies the idea of political reconciliation to current debates on the role and legitimacy of global governance. My underlying thesis is that the idea of reconciliation fits better with the non-ideal circumstances of global injustice. To this end, I will first of all develop a three-tiered model of political reconciliation and introduce the related concept of restorative justice. I will then look at some of the most obvious forms of international and global injustice – historical injustice, economic exploitation, (...) and political domination – and argue that a normative theory of political reconciliation provides better proposals for feasible global governance reforms than do theories of corrective, retributive, or distributive justice. Finally, I will make a few comments on the role of political philosophy as a medium of ‘narrative reconciliation’. (shrink)

The paper critically discusses the moral view that neurotechnological behavioural treatment for criminal offenders should only be offered if it is in their best interests. First, I show that it is difficult to apply and assess the notion of the offender's best interests unless one has a clear idea of what ‘best interests’ means. Second, I argue that if one accepts that harmful punishment of offenders has a place in the criminal justice system, it seems inconsistent not to accept the (...) practice of offering offenders treatment even when the state will harm them in applying the treatment. Finally, leading penal theories like consequentialists and retributivists would not accept that the offender's best interests, at least in certain situations, impose a necessary condition for the treatment of an offender. (shrink)

The paper critically discusses the moral view that neurotechnological behavioural treatment for criminal offenders should only be offered if it is in their best interests. First, I show that it is difficult to apply and assess the notion of the offender's best interests unless one has a clear idea of what ‘best interests’ means. Second, I argue that if one accepts that harmful punishment of offenders has a place in the criminal justice system, it seems inconsistent not to accept the (...) practice of offering offenders treatment even when the state will harm them in applying the treatment. Finally, leading penal theories like consequentialists and retributivists would not accept that the offender's best interests, at least in certain situations, impose a necessary condition for the treatment of an offender. (shrink)

This study investigates the role of “moral” emotional traits—guilt proneness, shame proneness, empathic concern, and perspective taking—as predictors of workplace bullying perpetration. We also test and find support for a model derived from moral emotions literature and the sociometer theory of self-esteem in which the tendency to take reparative action following interpersonal transgressions mediates the buffering effect of guilt proneness on bullying. Data were obtained from working MBA students and advanced undergraduates during 2 survey sessions, 4 to 6 weeks apart. (...) Findings indicate that moral emotional traits may be useful to consider in personnel selection as a means to reduce workplace bullying. (shrink)

Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the point along this spectrum that (...) is morally or politically most significant. Section 3 provides an overview of the processes commonly cited as contributing to reconciliation. These processes are often controversial; those praised by some commentators as appropriate and constructive responses to past conflict are dismissed by others as undermining the moral or political conditions for just and peaceful relations. Section 4 concentrates on the relationship between reconciliation and justice. While some see these values as compatible and mutually supporting, others argue that, especially in the immediate wake of conflict, parties must often choose between reconciliation and justice. (shrink)

ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian ideals and (...) values. Specifically, I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics. (shrink)

Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay careful attention to whether the (...) things which punishment is supposed to express are aimed at an audience. For the ability of any version of expressivism to withstand two important challenges, which I call the harsh treatment challenge’ and the ‘publicity challenge’ respectively. will depend on the way it answers them. The first of these challenges has received considerable discussion in the literature on expressive theories of punishment; the second considerably less. This is unfortunate. For careful consideration of the publicity challenge should lead us to favor a version of the expressive theory which has been under-discussed: the view on which punishment has an intended audience, and on which the audience is society at large, rather than—as on the most popular version of that view—the criminal. Furthermore, this view turns out to be better equipped to meet the harsh treatment challenge, and to be so precisely because of the way in which it meets the publicity challenge. (shrink)

Some of the greatest harms perpetrated by human beings—mass murders, for example—are directly caused by a small number of individuals, yet the full force of the transgressions would not obtain without the indirect contributions of many others. To combat such evils, Larry May argues that we ought to cultivate a sense of shared responsibility within communities. More specifically, we ought to develop a propensity to feel ashamed of ourselves when we choose to be associated with others who transgress. Grant that (...) we ought to assume greater moral responsibility for contributing to harms that we do not directly commit. My goal is to challenge May’s claim that we should move towards a shame culture, and to argue that we ought to focus on cultivating empathy-based care and guilt instead. An established research program spearheaded by June Tangney has shown that individuals who are disposed to feel shame are more likely to hide from scrutiny, blame others, get angry, and become aggressive. Cultivating shame, in short, is a recipe for increasing antisocial behavior. Policies that promote feelings of empathy-based care and guilt, however, seem better designed to achieve the desired result, namely, minimizing the harms caused by groups. (shrink)