I endorse an old view that distributive justice can best be understood as people getting what they deserve. John Rawls has several famous arguments to show that such a view is false. I criticize those arguments, but agree that more work needs to be done on the clarification and explanation of the concept of desert in order for the old view to be more than a platitude. I then criticize attempted analyses of the concept of desert by Feinberg, Kleinig, and (...) Miller. I claim that desert must be taken as a primitive concept. However, even though desert is primitive, there still needs to be some account of what sorts of things make a person deserving . Some proposed desert bases include need, personhood, diligence, moral worth, autonomous action, and entitlement. I criticize George Sher's work on autonomous action, diligence, and moral worth, then propose and defend a modified version of the view that all legitimate desert bases are either virtues or vices. (shrink)

Philosophers often claim that forgiveness is a paradoxical phenomenon. I here examine two of the most widespread ways of dealing with the paradoxical nature of forgiveness. One of these ways, emblematized by Aurel Kolnai, seeks to resolve the paradox by appealing to the idea of repentance. Somehow, if a wrongdoer repents, then forgiving her is no longer paradoxical. I argue that this influential position faces more problems than it solves. The other way to approach the paradox, exemplified here by the (...) work of Jacques Derrida, is just too obscure to be by itself helpful. Yet, I argue that what I take to be its spirit is on the right track. I recommend distinguishing between the definition and the justification of forgiveness, and also between forgiveness understood as a mental phenomenon and an overt, communicative act. These distinctions are not given their due in the specialized literature, and I expose the nefarious consequences of this neglect. By focusing on forgiveness as a mental phenomenon I seek to analyze the root of the talk of paradoxes which surrounds the discussion of forgiveness. Finally, I present an analysis of forgiveness as a pure mental phenomenon, and argue that this analysis is the most important step in understanding forgiveness in any other sense. While my analysis reveals interesting aspects of forgiveness, it reveals, too, that forgiveness is not quite as paradoxical after all. (shrink)

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream (...) punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the unconditionality of mercy propounded by Seneca. (shrink)

There are situations in human life where the failure to perform a certain act can be morally blameworthy and at the same time not constitute the failure of moral duty or obligation. While traditional approaches to ethics have not acknowledged the possibility of these acts, recent contributions to the literature have made a strong and convincing case for their existence. Here I explain the nature of these acts, present some examples of these acts as they might arise in one''s business (...) or professional life, and point out the importance of recognizing and performing these acts for those who wish to practice good ethics in their business or professional lives. (shrink)

I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...) practice’s amounting to mercy lends it justificatory support, while its qualifying as mercy under certain morally neutral definitions provides no basis for considering it justified. (shrink)

Contemporary philosophers often construe mercy as a supererogatory notion or a matter of punitive leniency. Yet it is false that no merciful actions are obligatory. Further, it is questionable whether mercy is really about punitive leniency, either exclusively or primarily. As an alternative to these accounts, I consider the view offered by St. Thomas Aquinas. He rejects the claim that we are never obligated to be merciful. Also, his view of mercy is not restricted to legal contexts. For him, mercy's (...) scope is considerably broader, as it concerns a wide range of needs and hardships to which human beings are vulnerable. Such a view, I submit, affords a kind of normative depth lacking in many contemporary accounts. Unlike those views that construe mercy as either a supererogatory or legal concept, Aquinas's account illuminates mercy's obligatory nature and encourages us to make mercy a more salient fixture of our moral lives. (shrink)

The reflection that accompanies Christian ethics is concerned with its meaning and originality as seen against the background of various interpretations of morality. It usually includes questions about the characteristic subject matter of its inquiries, assumptions, methods, or inspirations. From the point of view of the considerations undertaken in this article, such reflection should also include the language employed by Christian ethics. In particular, this paper considers the following issues: whether Christian ethics has its specific language; whether it introduces new (...) notions, or assigns specific meanings to notions already present in ethics; and how ethical notions are defined in Christian ethics. These questions are addressed with reference to the philosophical system of Tadeusz Ślipko, one of the most outstanding Polish representatives of Christian ethics. -------------- Received: 11/02/2021. Reviewed: 23/03/2021. Accepted: 10/05/2021. (shrink)

Recent work on environmental virtue tends to focus on the role of virtues like love, care, respect, humility and wonder for nature. This essay considers the merits of regarding mercy for nature as an environmental virtue. It argues that mercy for nature is neither conceptually confused nor unacceptably anthropocentric, is exhibited by an important exemplar of environmental virtue, and is compatible with virtues of love, care, respect and humility. It also argues that efforts to inculcate environmental mercy may help facilitate (...) the development of more caring, loving and respectful attitudes toward nature. (shrink)

Anatomists of criminal justice systems usually ignore the tiny organ called ‘mercy’ or ‘clemency’. Its name and shape may vary from one body politic to another, but its nature and function are uninterestingly obvious.It merely allows benign interference when the programming of the system seems to be having unacceptable effects in special cases.

Internal and External Questions. The most profound questions in ethics, social philosophy, and the philosophy of law are foundational; i.e., they are questions that call the entire framework of our ordinary evaluations into doubt in order to determine to what degree, if at all, that framework can be rationally defended. Such questions, called “external” by Rudolf Carnap, are currently dominating my own philosophical reflections and are forcing me to rethink a variety of positions I have in the past defended.

This article examines whether bad upbringing (or what is sometimes called a “rotten social background”) affects just or deserved punishment. There are two possible rationales for this claim. First, it may be argued that an offender’s blameworthiness for his choice to offend is reduced if he had a bad upbringing; second, it may be argued that fairness requires us to impose a less severe punitive burden on an offender with a bad upbringing, even if he is no less blameworthy for (...) his crime. The article rejects both of these rationales. (shrink)

In the first section I briefly consider some stituations in which standard desert-claims would be disputed, with the aim of revealing why and by whom they are asserted or denied. Having attained some understanding of the point of different desert-statements, I propose an accound of their content that entails the thesis that statements of positive desert (deserving something desirable) sharply differ in meaning from statements of negative desert (deserving something undesirable), even when expressed in the same form. In the second (...) section I use this ambiguity thesis to argue against an appealing way of defending Hegel's claim that a wrongdoer has a right to be punished and against Kant's defense of the view that there is a duty to punish those who deserve it. I also show how an understanding of negative desert that recognizes the ambiguity thesis enables us to defend the ordinary view of mercy against Kantian criticisms and to reject the popular misconception that mercy is necessarily at odds with justice. In the third section I use the ambiguity thesis to rebut the common claim (found in Mill and Aristotle, among others) that it is unjust for a person to have or be given mone benefits than she deserves. I conclude by showing how an understanding of positive desert that recognizes the ambiguity thesis leads to a rejection both of certain complaints against traditional systems of private property and also of certain moralistic scruples that might give pause to those who acknowledge the moral duty to assist the needy. (shrink)

Despite its central position in the history of European and Christian thought on the protection of human dignity, the virtue of mercy is currently a problematic and under-developed concept in business ethics, compared to related ideas of care, compassion or philanthropy. The aim of this article is to argue for its revival as a core principle of ethical business practice. The article is conceptual in method. An overview is provided of the scope of contemporary business ethics research on related topics (...) and clarifies some of the similarities and differences between mercy and popular terms, such as compassion and prosocial behaviour. The question is then explored as to why mercy has so little traction in business ethics. Some of the history of the idea of mercy in European and Anglophone philosophy is discussed, from Anselm and Aquinas to the present day, showing how discourse on mercy came to be split into a wider concept of the prevention and alleviation of suffering (_misericordia_) and a narrower one of clemency or leniency. Aquinas’s wide concept of the virtue of _misericordia_ is developed as the basis for a principle of mercy, which is applicable directly to corporations. The practical implications of this for standards of corporate behaviour towards employees and other stakeholders are then considered through the introduction of a ‘vulnerability grid’. The grid offers a critical contrast to other analysis tools, such as stakeholder power-interest matrices. Cases drawn from empirical studies are used to illustrate application of the grid and to challenge some common assumptions of stakeholder theory. (shrink)

Understanding evil requires both addressing the grave wrongs done to the victim and addressing the perpetrator who does these wrongs. Claudia Card's concept of social vitality was developed to explain what génocidaires destroy in their victims. This essay brings that concept into conversation with perpetrator testimony, arguing that the génocidaires’ desire for their own social vitality, achieved through their destruction of the social world of their targets, in fact boomerangs to corrode the vitality of their own lives. This is true (...) whether they succeed or fail in their genocidal project. Card's recent analysis of “being a badass” is brought to bear on the cultivation of evil, and the essay suggests four strategies for meeting Card's “moral challenge of avoiding evil responses to evil.”. (shrink)