This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within (...) ordinary criminal proceedings. Second, I examine work done on the use of criminal trials under the emotionally stressful circumstances of post-conflict societies. In the conclusion I sketch a theoretical proposal for moving the discussion forward. (shrink)

Although sometimes forgotten in current uses of the term, ?hatred? is a notoriously complex and ambiguous phenomenon. Analyzing and identifying what characterizes hatred and articulating a concept that helps us think more clearly about hatred is difficult. It is not even clear whether hatred is an emotion, an attitude, a sentiment or a passion. This essay departs from the idea that perhaps hatred is analyzable as a retributive reactive attitude. More precisely, it presents a philosophical exploration of what happens if (...) one puts a messy bundle of notions and examples of hatred into the more clear conceptual framework offered by Strawson in ?Freedom and Resentment?. The question whether hatred can be seen as a retributive reactive attitude is examined both with respect to Strawson's division between participant and objective attitudes and with respect to the seemingly most closely related participant attitude, resentment. (shrink)

How ought we to evaluate and respond to expressions of anger and resentment? Can philosophical analysis of resentment as the emotional expression of a moral claim help us to distinguish which resentments ought to be taken seriously? Philosophers have tended to focus on what I call ‘reasonable’ resentments, presenting a technical, narrow account that limits resentment to the expression of recognizable moral claims. In the following paper, I defend three claims about the ethics and politics of resentment. First, if we (...) care about socially just processes of reconciliation, we have good reason to pay attention to the logic of resentments. Second, the account philosophers offer of resentment – its distinctive features, aims, rationality, and gratification – will affect the conclusions we draw about which actual resentments to take seriously, which aspects of resentful claims need addressing, and what it means to address and repair them. In contesting definitions of resentment, I argue, we do more than simply perform housekeeping in philosophical taxonomies of emotion. Restricting our understanding to essentially ‘moral’ cases may cause us to lose sight of expressly political resentments. Instead, I argue, a plausible account of resentment must acknowledge that we resent violations and threats that are not necessarily self-pertaining, may not be expressible as individual, discrete injuries, and cannot always be construed as moral threats. Second, given the dependence of moral judgments on a broader horizon of moral possibility, philosophical standards of ‘reasonable’ or ‘appropriate’ resentment cannot avoid being politically charged. Thus, the widely accepted account of ‘reasonable’ resentment cannot make philosophical sense of the most interesting and perplexing cases. Ironically, a theoretical measure designed to revalue emotional expressions of moral protest may result in the exclusion and silencing of those with the most reasons to protest. (shrink)

: International instruments now defend a "right to the truth " for victims of political repression and violence and include truth telling about human rights violations as a kind of reparation as well as a form of redress. While truth telling about violations is obviously a condition of redress or repair for violations, it may not be clear how truth telling itself is a kind of reparations. By showing that concerted truth telling can satisfy four features of suitable reparations vehicles, (...) I defend the idea that politically implemented modes of truth telling to, for, and by those who are victims of gross violation and injustice may with good reason be counted as a kind of reparations. Understanding the doubly symbolic character of reparations, however, makes clearer why truth telling is unlikely to be sufficient reparation for serious wrongs and is likely to be sensitive to the larger context of reparative activity and its social, political, and historical background. (shrink)

With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In this article, I give an account of the challenge, and I consider a possible solution to it presented by Declan Roche. According to this solution the ICC-prosecutor should respect national amnesties and prosecute and punish only those perpetrators who (...) have refused to cooperate with the TC. I argue, however, that this compromise is untenable. As a general rule, if we justify the ICC on grounds of deterrence we should not accept conditional amnesties granted in national TCs. (shrink)

Anger, far from being only a personal emotion, often signals a breakdown in existing societal structures like the justice system. This does not mean we should uncritically submit to our angry impulses, but it does mean that anger can reveal larger issues in the world worthy of attention. If we banish anger from the socio-political landscape, we risk losing its insights. To defend that claim, I turn to a range of sources from ancient China and Greece—philosophy, poetry, drama, and political (...) theory—that depict and analyze anger in a variety of situations and people. My basic claim is not that anger is simply “good” or “bad” but rather that it helps reveal and clarify our values, often pointing us towards real situations deserving of our ethical scrutiny. I situate the project amidst ongoing debates in analytic philosophy of emotions and feminist philosophy, joining the conceptual precision and clarity of the former with the latter’s attention to lived experience. Such cross-cultural, multidisciplinary conceptual analysis of anger parochializes Aristotelian understandings of anger by introducing different types and functions of anger. What role does anger play, for example, in a minister rebuking the king in an ancient Chinese court? How do Greek sources depict female anger differently than male anger, and why? By using ancient and comparative sources, I show how deeply anger is shaped by particular cultural and social structures, whilst remaining recognizably anger. (shrink)

This article treats rituals of apology and reconciliation as responses to social discontent, specifically to expressions of anger and resentment. A standard account of social discontent, found both in the literature on transitional justice and in the social theory of Axel Honneth, has it that these emotional expressions are evidence of an underlying psychic need for recognition. In this framework, the appropriate response to expressions of anger and discontent is a recognitive one that includes victims of injustice in the political (...) community by showing them that they are valued members. In the aftermath of injustices, such recognitive responses are thought to include acknowledgments of victim suffering, reconciliatory gestures, and rituals of contrition. I will argue, against this narrative, that treating victim anger as evidence of an underlying need for recognition threatens to depoliticize emotional responses to injustice by treating them as symptoms of psychic injuries instead of intelligible political claims. Discussing mainly the Canadian Truth and Reconciliation process set up to deal with the history of the Indian Residential School system, I show how rituals of reconciliation and apology, in the context of settler-colonial states and neoliberal politics, serve as a biopolitical management of “bad” emotions. This will serve as a critique both of the politics of reconciliation and of social–theoretic approaches that treat expressions of discontent exclusively through a lens of recognition. Instead, I argue, in politics as well as theory, we need to engage with emotional expressions as intelligible political claims that exceed the psychic need for recognition. (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.

Maria Kronfeldner’s Preface and Introduction to the Routledge Handbook of Dehumanization maps the landscape of dehumanization studies. She starts with a brief portrayal of the history of the field. The systematically minded sections that follow guide the reader through the resulting rugged landscape represented in the Handbook’s contributions. Different realizations, levels, forms, and ontological contrasts of dehumanization are distinguished, followed by remarks on the variety of targets of dehumanization. A discussion on valence and emotional aspects is added. Causes, functions, and (...) consequences of dehumanization, and the prospects for reducing or undoing it, are introduced. The systematic overview closes with a discussion of some important theoretical complexities that arise in studying dehumanization. After these systematic sections, the scholarly work on dehumanization gets situated in the broader intellectual landscape of debates about the ‘human’ in the humanities and social sciences. The Introduction ends with some notes on scope, limitations, and intended readership of the Handbook. (shrink)

Over the past generation, forgiveness has entered the political sphere in countries all over the globe that are addressing the past injustices of war, dictatorship, genocide, and the maltreatment of native peoples. Among the international community, however, the practice is controversial, criticized as unjust for burdening victims and foregoing deserved punishment. This essay argues that forgiveness is not contrary to justice but rather reflective of it if justice means restoration of right relationship, a concept embedded in the scriptures and traditions (...) of Judaism, Christianity, and Islam. Conceived of in this way, forgiveness can avoid the potential injustices with which it is charged and contribute positively to the reconstruction of political orders. (shrink)

Folly is an under-explored vice, despite its common occurrence and close relationship to core aspects of practical rationality and the good life. This paper develops an account of folly as a subspecies of imprudence and distinctive source of wrongdoing, with a special focus on its relational, social or inter-personal aspect. Drawing on Rotenstreich’s historically-based account, folly is defined as a form of practical irrationality resulting from closedness to the world. I expand Rotenstreich’s view and depart from him on two key (...) points. First, I argue that folly should be cleanly differentiated from stupidity. Second, I show that the wrong in folly—i.e. the harms it involves intrinsically, as opposed to as a matter of causal consequence—is partly obscured by Rotenstreich’s exclusive focus on the fool as an isolated individual agent. When, instead, we consider folly as a pathology of interpersonal relations, it reveals itself to be a vice which infects and undermines human relationships of love and care, and thus to be a serious threat to living well or human flourishing in almost all of their forms. (shrink)

School anti-violence programs are united in their radical condemnation of aggression, generally equated with violence. The programs advocate its elimination by priming children's emotional and cognitive controls. What goes unrecognized is the embeddedness of aggression in human beings, as well as its positive psychological and moral functions. In attempting to eradicate aggression, schools increase the risk of student disaffection while stifling the goods associated with it: status, power, dominance, agency, mastery, pride, social-affiliation, social-approval, loyalty, self-respect, and self-confidence. It is argued (...) that the distribution of power and authority to students as plausible substitutes for aggression, would enable them to express aggression in a legitimate manner and simultaneously encourage their attachment to school. A vibrant anti-violence program that attracts children will find a way for caring, amiability, sympathy, and kindness to live in tandem with competition, power, assertiveness, and anger tamed by institutional constraints. (shrink)

Abstract: Forgiveness of wrongdoing in response to public apology and amends making seems, on the face of it, to leave little room for the continued commemoration of wrongdoing. This rests on a misunderstanding of forgiveness, however, and we can explain why there need be no incompatibility between them. To do this, I emphasize the role of what I call nonangry negative moral emotions in constituting memories of wrongdoing. Memories so constituted can persist after forgiveness and have important moral functions, and (...) commemorations can elicit these emotions to preserve memories of this sort. Moreover, commemorations can be a restorative justice practice that promotes reconciliation, but only on condition that the memories they preserve are constituted by nonangry negative, not retributive, emotions. (shrink)

Focusing on Australian Prime Minister Kevin Rudd’s 2008 apology to the Stolen Generations, this article asks: can colonial-settler states obtain forgiveness through political apologies? The article first defends Jacques Derrida’s observation that political apologies resemble the Christian practice of confession. In doing so, it subsequently draws on Michel Foucault’s detailed treatise on confession in order to assess the potential for absolution. For Foucault, the process of engaging in exhaustive truth-telling of sin before a demarcated authority provides a route to such (...) atonement. By contrast, any potential unburdening of sin is lost when there is either no adequate authority to coax the confession or if the confession is less than full. The problem for the settler state is that it is predisposed to re-evoking the imaginary of the settler nation and Westphalian sovereignty in the very process of apologising. Consequently, there is no scope to submit before a higher sovereign body and any truth-telling is necessarily partial. As such, the central argument is that forgiveness for the settler state must remain elusive. The political opportunities arising from this for Indigenous peoples are discussed in the final section. (shrink)

This article examines the historical background, proliferation, and later internationalization of public declarations of forgiveness and remorse, first made in Europe a few decades after the end World War II. The author suggests that these declarations should be understood as a political practice, and bases her claim on three premises: after 1945, politicians began apologizing not only for their own crimes but mainly for those perpetrated by the communities they represented; these declarations implied a tacit acceptance of responsibility of both (...) the group that declares its remorse and of the group that accepts and possibly forgives the former for its past crimes; apart from representing a shared collective moral responsibility, declarations of forgiveness and remorse imply the continuity of a nation. These three premises apply if declarations of forgiveness and remorse are not banal and conventional, but function as a political ritual. The au... (shrink)

The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can help the reproduction of democracy. However, (...) their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy. (shrink)

Against the view that trauma cripples the survivor’s ability to account for his or her own experience, Jean Améry, a survivor of Auschwitz, argued that trauma speaks a language of its own. In this language, what may be taken as a clinical symptom, the inability to let go of a traumatic past, is actually an ethical stance on behalf of history’s victims. Améry wrote about aging in similar terms. Aging and death are an assault on the values of life, an (...) assault that Améry rejected with equal vigor, and in much the same terms, as he rejected the history that does not stop with the Holocaust. In the second case, Améry is mistaken. Aging and death, allowed to proceed at a natural pace, serve life, the succession of generations. This argument is pursued by comparing Améry’s position with that of a large group of Holocaust survivors. It may appear as if Améry’s argument about the Holocaust has little to do with his argument about aging. In fact, they are related, to the detriment of both arguments. (shrink)

This article examines debates about political forgiveness in liberal, pluralist societies. Although the concept of forgiveness is not usually taken up by liberals, I outline a plausible conception by exploring two recent approaches. The first, ‘unattached articulation’, concept requires no real emotional change on the forgiver’s part, but rather a form of civic restraint. In contrast, the second version highlights a strong form of empathy for perpetrators. In spite of their advantages, each concept proves too extreme. The problems are revealed (...) by focusing on the case of the Harkis, who fought for the French during the Algerian war. Often still marginalised in French society, their case helps to highlight the conceivability of a ‘middle-ground’ or moderate concept of political forgiveness. Its core rests on the forgiver’s care for the social world. While this concept brings considerable challenges also, and is not inevitable in any particular case, it entails a more plausible combination of emotional and rational shifts in the forgiver’s world-view. Although the article does not recommend forgiveness by any person or group, it observes, recalling Arendt’s idea of amor mundi or ‘love of the world’, that political forgiveness may sustain a viable connection between diverse citizens’ public and non-public lives. (shrink)

Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the (...) size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another “slice of cheese” to our comprehensive crime preventive system modelled along the lines of James Reason’s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred. (shrink)