Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise doubts about (...) Shelby’s proposed resolution. So long as punishment is widely and reasonably understood to condemn crime, Shelby’s proposal does not resolve the dilemma. Moreover, there is reason to think the blaming aspect of punishment plays a role in the justification of its hard treatment. I conclude by considering some other ways out of the dilemma, focusing especially on how the United States might take responsibility for its complicity. (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

This paper argues against an individualist challenge to the possibility of corporate apologies. According to this challenge, corporations always and only act through their members; thus they are not the sorts of entities that can apologize. Consequently there can be no corporate apologies. Against this challenge, this paper argues that even if corporate acts can be analyzed as acts by individuals within certain relationships, there can still be corporate apologies. This paper offers a noneliminative individualist account of such apologies. The (...) paper also responds to various substantive objections to the possibility of such apologies. (shrink)

This paper presents some findings concerning peacemaking in restorative justice conferences. In guidelines and handbooks where the terms and conditions of restorative conferences are exemplified, forgiveness and reconciliation are not explicitly mentioned. However, many proponents of restorative justice assume that ‘coming together voluntarily’ will lead to rapprochement and reconciliation. Research findings in many ways contradict this supposed dynamic. Many victims want to teach the young offender a lesson. Others don’t want ‘closure’ or ‘restoration,’ and experience the pressure to come to (...) terms as threatening. These observations make clear that notions as ‘forgiveness,’ ‘repentance,’ and ‘restoration’ are often too ‘big’ and ill-suited to function as core principles for restorative justice. It seems inappropriate to burden the process of coping with past injuries with these concepts. The process of moral learning within restorative justice conferences might better be conceived in terms of opening up and developing understanding. (shrink)

The problem of dirty hands is, roughly speaking, concerned with situations in which an agent is faced with a choice between two evils so that, no matter what they do, they will have to violate something of important moral value. Theorists have been primarily concerned with dirty hands choices arising in politics because they are thought to be particularly frequent and pressing in this sphere. Much of the subsequent discussion in the literature has focused on the impact that such choices (...) have on a well-functioning democracy and how, if at all, we can ensure that a politician dirtying their hands does not undermine core democratic values and processes. A particular concern has been whether dirty-handed politicians ought to publicly reveal their actions after the fact and whether they should be held accountable through some form of punishment. The first aim of this paper is to point out that the focus on what is required in the wake of a dirty-handed decision, based on the need to protect the democratic system ought to be balanced with a genuine concern for reparative justice and what is owed to the victims of dirty hands. In the second part of this paper, I then examine the suitability of one common way in which perpetrators partly repair the damage they have done to victims, namely apologizing, in the dirty hands context. (shrink)

Government refusals to apologise for past wrongful practices such as slavery or the removal of indigenous children from their parents seem evidently unjust. It is surprising, then, that some ethical considerations appear to support such stances. Jacques Derrida's account of forgiveness as entirely independent of apology appears to preclude the need for official apologies. I contend that governments are obligated to apologize for past injustices because they are responsible for them and that official apologies should not involve a corresponding expectation (...) for forgiveness. My argument is that an apology and forgiveness are asymmetrical because an apology is based on respect, a perfect duty, and can be a public act, whereas forgiveness is based on love, is an imperfect duty, and is a personal undertaking. It follows from this asymmetry that an apology is a prerequisite for reconciliation, but forgiveness is discretionary. Refusals to apologize tend to impede the reconciliation process and make the possibility of forgiveness remote. The concept of reconciliation has also been criticized on the grounds that reconciliation implies a former harmony that should be restored and fault on both sides. However, I argue it should be understood as a willingness to work together without a presumption of having overcome the past. (shrink)

I argue that state apologies face a distinctive normative challenge. The reason for this is that when states apologize for their transgressions, they tend to implicate their citizens as morally responsible. However, because citizens are coerced into supporting state activities through taxation, I argue that their responsibility is mitigated. Citizens do not support state transgressions in the same way that private investors support corporate transgressions. Consequently, state apologies have a distinctive difficulty performing one of the core normative functions of apologies (...) – namely, the admission of moral responsibility on behalf of a morally responsible party (or parties). Because of this, state apologies might be normatively deficient, and we should doubt their ability to provide robust moral repair. (shrink)

Recently, religious organisations, governments and public institutions have begun to offer apologies for historical wrongs. Can they legitimately do so? Departing from the tendency, Professor Hubert Markl, President of the Max Planck Society, has offered strong reasons for not apologising for the crimes of medical scientists who experimented on human subjects during the Nazi era. He argues that only the perpetrators can meaningfully apologise. Markl’'s position is considered and rejected in favour of the view that apologies by proxy for historical (...) wrongs are justifiable and should be made by institutions that have the authority to do so. (shrink)