According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

Forgiveness is often understood as a primarily interpersonal experience, a type of moral response to a wrongdoing that has particular effects on the personal relationship between the one wronged and the wrongdoer. However, some have also attempted to defend another kind of forgiveness, one that takes place in public and applies to a wider range of practices in a specifically political context. That such a concept of forgiveness is possible is not particularly controversial. But the way that this political forgiveness (...) is unified—if it is unified—with personal forgiveness has not been clarified. By approaching the question phenomenologically, it becomes possible to root forgiveness, both personal and political, in the more fundamental context of the shared human world. Hannah Arendt's analysis of forgiveness does just this. In so doing, Arendt accounts for both the role of forgiveness in private human relationships and the way in which this role is fundamentally political. (shrink)

Philosophers often identify forgiveness with either overcoming or forswearing blaming attitudes such as, paradigmatically, resentment for the right reasons; yet there is little debate as to which of the two (if either) is correct. In this article, I present three arguments that aim to strengthen the forswearing view. First, on the overcoming view, many paradigm cases of forgiveness would turn out to be mere ‘letting go’ instead. Second, only the forswearing view plausibly allows for forgiveness in cases where the victim (...) lost resentment before she had a reason to forgive. Third, only the forswearing view can show why victims of an offense are usually able to know whether they are in a position to forgive. (shrink)

One of the oldest traditions in the Eastern Orthodox church is Forgiveness Sunday. It’s a festive occasion: the last day to eat dairy before the onset of the fa.

Forgiving wrongdoers who neither apologized, nor sought to make amends in any way, is controversial. Even defenders of the practice agree with critics that such “unilateral” forgiveness involves giving up on the meaningful redress that victims otherwise justifiably demand from their wrongdoers: apology, reparations, repentance, and so on. Against that view, I argue here that when a victim of wrongdoing sets out to grant forgiveness to her offender, and he in turn accepts her forgiveness, he thereby serves some important ends (...) of apology and reparation, no matter what else he did—or did not do—by way of repair. Although much overlooked, the simple act of accepting forgiveness joins victim and offender in affirming and acting upon some important shared background assumptions, including many of those expressed in standard apologies. Perhaps more surprisingly, I argue that accepting forgiveness also fulfills the duty to counteract any concrete harm wrongfully inflicted. The argument helps explain some otherwise puzzling features of forgiveness, including that a victim can change her offender’s normative status, making him a less fitting target of the resentment, indignation and shunning of others, and even his own guilt pangs, simply by forgiving him. (shrink)

A microaggression is a small insulting act made disproportionately harmful by its part in an oppressive pattern of similar insults. How should you respond when made the victim of a microaggression? In this paper I survey several morally salient factors, including effects upon victims, perpetrators, and third parties. I argue, contrary to popular views, that ‘growing a thicker skin’ is not good advice nor is expressing reasonable anger always the best way to contribute to confronting oppression. Instead, appropriately responding to (...) microaggression involves difficult application of practical wisdom that does not easily fall under a simple prescription. (shrink)

Our ideas about forgiveness seem to oscillate between idealization and scepticism. How should we make sense of this apparent conflict? This paper argues that we should learn something from each, seeing these views as representing opposing moments in a perennial and well-grounded moral ambivalence towards forgiveness. Once we are correctly positioned, we shall see an aspect of forgiveness that recommends precisely this ambivalence. For what will come into view will be certain key psychological mechanisms of moral-epistemic influence – other-addressed and (...) self-addressed mechanisms of moral social construction – that enable forgiveness to function well when it is well-functioning, but which are also intrinsically prone to deterioration into one or another form of bad faith. Thus forgiveness is revealed as necessarily containing seeds of its own corruption, showing ambivalence to be a generically appropriate attitude. Moreover, it is emphasized that where forgiver and forgiven are relating to one another in the context of asymmetries of social power, the practice of forgiveness is likely to be further compromised, notably increasing the risk of negative influence on the moral-epistemic states of either the forgiver or the forgiven, or both. (shrink)

It is widely acknowledged that susceptibility to suitable emotional responses is part of what it is to value something. Indeed, the value of at least some things calls for such emotional responses – if we lack them, we don’t respond appropriately to their value. In this paper, I argue that susceptibility to anger is an essential component of valuing other people, ourselves, and our relationships. The main reason is that various modes of valuing, such as respect, self-respect, and love, ground (...) normative expectations towards others and ourselves. And holding someone accountable for violating legitimate normative expectations involves emotions from the anger family, such as resentment and indignation. I hold that such forms of anger, which aim at getting the target to conform to expectations or lower their unduly elevated status, are neither inherently problematic or dispensable parts of the package of attitudes involved in valuing. Finally, thinking about anger’s role in valuing also helps see when it is out of place or immature – roughly, it is often excessive, because we easily exaggerate the magnitude of the value involved, the harm or threat to it, or the degree of the target’s moral responsibility. (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)

This essay defends the possibility of preemptive forgiving, that is, forgiving before the offending action has taken place. This essay argues that our moral practices and emotions admit such a possibility, and it attempts to offer examples to illustrate this phenomenon. There are two main reasons why someone might doubt the possibility of preemptive forgiving. First, one might think that preemptive forgiving would amount to granting permission. Second, one might think that forgiving requires emotional content that is not available prior (...) to wrongdoing. If, however, preemptively forgiving is genuinely possible—as this essay hopes to illustrate—then this fact has implications for our understanding of both relational normativity and the nature of forgiveness. (shrink)

'May one be pardon’ d and retain the offence?’ asks King Claudius in his tormented monologue in Hamlet. Forgiveness appears incompatible with the retention of the offence, both in the sense of enjoying its consequences and in the sense of the subsistence of the attitude which underlay the offensive act. There are, however, views which allow for, even admire, an attitude of forgiveness towards people who have ‘retained’ their offense in some way. This idea of forgiveness is harder to justify, (...) since no change has taken place in the agent. We suggest that the concept of toleration can serve as an illuminating clue in such an analysis. The tolerant attitude involves a certain kind of reconciliation with people who not only have done something wrong in the past, but insist on sticking to their objectionable conduct in the present and the future. Tolerance, in other words, is not conditioned by repentance or by commitment to behavioral transformation; it is a kind of unconditional ‘forgiveness’ in advance. (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)

Forgiveness is clearly an important aspect of our moral lives, yet surprisingly Kant, one of the most important authors in the history of Western ethics, seems to have very little to say about it. Some authors explain this omission by noting that forgiveness sits uncomfortably in Kant’s moral thought: forgiveness seems to have an ineluctably ‘elective’ aspect which makes it to a certain extent arbitrary; thus it stands in tension with Kant’s claim that agents are autonomous beings, capable of determining (...) their own moral status through rational reflection and choice. Other authors recognise that forgiveness plays a role in Kant’s philosophy but fail to appreciate the nature of this duty and misrepresent the Kantian argument in support of it. This paper argues that there is space in Kant’s philosophy for a genuine theory of forgiveness and hopes to lay the grounds for a correct interpretation of this theory. I argue that from a Kantian perspective, forgiveness is not ‘elective’ but, at least in some cases, morally required. I claim that, for Kant, we have an imperfect duty of virtue to forgive repentant wrongdoers that have embarked on a project of self-reflection and self-reform. I develop a novel argument in support of this duty by drawing on Kant’s theory of rational agency, the thesis of radical evil, Kant’s theory of moral development, and the formula of humanity. However, it must be noted that this is a conditional duty and Kant’s position also entails that absence of repentance on the part of the wrongdoer should be taken as evidence of a lack of commitment to a project of self-reflection and self-reform. In such cases, Kant claims, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. I argue that this duty should be understood as one of the duties of self-esteem, which involves the duty to respect and recognise our own dignity as rational beings. (shrink)

ABSTRACT ABSTRACT: A close philosophical analysis of the emotion of anger will show that it is normatively irrational: in some cases, based on futile magical thinking, in others, based on defective values.

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)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

Although forgiveness is often taken to bear a close connection to the value of reconciliation, there is a good deal of scepticism about its role in situations where there is no consensus on the moral complexion of the past and no admission of guilt on the part of the perpetrator. This scepticism is typically rooted in the claims that forgiveness without perpetrator acknowledgement aggravates the risk of recidivism; yields a substandard and morally compromised form of political accommodation; and comes across (...) as patronizing and offensive to the recipient, thereby causing further alienation. In this article, my aim is to show, firstly, that none of these arguments is decisive and, secondly, that forgiveness is a suitable object of political concern in the absence of cross-community consensus on the rights and wrongs of a conflict. In this way, I aim to demonstrate that forgiveness deserves to be taken seriously as a means to civic reconciliation in a broader range of situations than many have allowed. (shrink)

Shame is most frequently defined as the emotion we feel when we fail to live up to standards, norms, or ideals. I argue that this definition is flawed because it cannot explain some of the most paradigmatic features of shame. Agents often respond to shame with violence, but if shame is the painful feeling of failing to live up to an ideal, this response is unintelligible. I offer a new account of shame that can explain the link between shame and (...) violence. On my view, shame arises out of a tension between our identity and our self-conception: those things about which we feel shame are part of our identities, but they are not part of our self-conception. I conclude by arguing that this account of shame is a valuable moral emotion. (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)

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?

This paper distinguishes between synchronic responsibility (SR) and diachronic responsibility (DR). SR concerns an agent’s responsibility for an act at the time of the action, while DR concerns an agent’s responsibility for an act at some later time. While most theorists implicitly assume that DR is a straightforward matter of personal identity, I argue instead that it is grounded in psychological connectedness. I discuss the implications this distinction has for the concepts of apology, forgiveness, and punishment as well as the (...) way in which this distinction can be used to defend quality of will accounts of responsibility against objections involving psychological manipulation. I argue that the intuition that a manipulated agent is not responsible can be explained by appeal to the conditions of DR and, as such, does not unproblematically shed light on the conditions of SR. (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)

After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...) should determine the proper scope of the criminal law. (shrink)

Despite broad agreement that forgiveness involves overcoming resentment, the small philosophical literature on this topic has made little progress in determining which of the many ways of overcoming resentment is forgiveness. In a recent paper, however, Pamela Hieronymi proposed a way forward by requiring that accounts of forgiveness be “articulate” and “uncompromising.” I argue for these requirements, but also claim that Hieronymi’s proposed articulate and uncompromising account must be rejected because it cannot accommodate the fact that only some agents have (...) the standing to forgive. I end by sketching an alternative account which, I claim, explains the phenomenon of standing. (shrink)

Our attitudes toward human culpability for environmental problems have moral and emotional import, influencing our basic capacities for believing cooperative action and environmental repair are even possible. In this paper, I suggest that having the virtue of forgivingness as a response to environmental harm is generally good for moral character, preserving us from morally risky varieties of pessimism and despair. I define forgivingness as a forward-looking disposition based on Robin Dillon’s conception of preservative forgiveness, a preparation to be deeply and (...) abidingly accepting yet expecting human error. As with other virtues, however, preservative forgiveness is available to some of us more than others; in the second half of this paper, I consider the deep challenge posed by rational pessimism, especially on the part of those who have been given many reasons not to hope for the very moral improvements for which they strive. I conclude that for those of us with the power roles and personal resources especially conducive to environmental activism, preservative forgiveness inclines us to remain engaged in environmental activism with fellow flawed human beings, recognizing our own mutual depredations while committing us to cooperatively respond. (shrink)

There is a cognitive, an affective, a conative, and an attitudinal component to a genuine apology. In discussing these components, I address the following questions. Might apologies be due for non-culpable actions? Might apologies be due for choices in moral dilemmas? What is the link between sympathy, remorse and making amends? Is it meaningful for resilient akratics to apologize? How much moral renewal is required when one apologizes? Why should apologies be offered in a humble manner? And is there some (...) truth to P. G. Wodehouse's dictum that 'the right sort of people do not want apologies'? (shrink)

Memory brings the past into the present. It is a feature of human temporality, contingency, and identity. Attention to memory's psychological and social importance suggests new vistas for work in religious ethics. This essay examines four recent works on memory's importance for self-interpretation, social criticism, and public justice. My focus will be on normative questions about memory. The works under review ask whether, and on what terms, we have an obligation to remember, whether memory is linked to neighbors near and (...) distant, how memory is related to justice and forgiveness, and whether memory sits easily with the kind of relationships that allegedly characterize life in democratic public culture. (shrink)

In this paper, the principal objections to unconditional forgiveness are canvassed, primarily that it fails to take wrongdoing seriously enough, and that it displays a lack of self-respect. It is argued that these objections stem from a mistaken understanding of what forgiveness actually involves, including the erroneous view that forgiveness involves some degree of condoning of the offence, and is incompatible with blaming the offender or punishing him. Two positive reasons for endorsing unconditional forgiveness are considered: respect for persons and (...) human solidarity; and it is argued that the latter provides more plausible grounds for it than the former. (shrink)

Some philosophers think that forgiveness should only be granted in response to the wrongdoer’s repentance, while others think that forgiveness can properly be given unconditionally. In this paper I show that both of these positions are partially correct. In redemptive forgiveness we wipe the wrong from the offender’s moral record. It is wrong to forgive redemptively in the absence of some atonement. Personal forgiveness, on the other hand, is granted when the victim overcomes inappropriate though humanly understandable feelings of hate (...) or vindictive anger towards the wrongdoer and comes to see them as deserving of a certain unconditional respect ’qua’ moral agent. Personal forgiveness is unconditionally admirable. (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)

I argue that there is an interesting and underexplored sense in which some negative reactive attitudes such as anger are often absurd. I explore implications of this absurdity, especially for our understanding of forgiveness.

I argue that fitting resentment tracks unacceptable ‘ecological’ imbalances in relative social strength between victims and perpetrators that arise from violations of legitimate moral expectations. It does not respond purely, or even primarily, to offenders’ attitudes, and its proper targets need not be fully developed moral agents. It characteristically involves a wish for the restoration of social equilibrium rather than a demand for moral recognition or good will. To illuminate these contentions, I focus on cases that I believe demonstrate a (...) corollary thesis, namely, that strength, broadly construed, is a necessary condition of resentment-worthiness. I argue that weakness can make resentment unfitting in two ways. First, weakness may prevent a wrongdoer from shifting the balance of social power. Second, a weak wrongdoer may do social damage but be so lowly that resentment, which would represent him as excessively strong, would be inapt. Finally, I consider how accepting the ecological view might affect our theorizing about moral responsibility and the ethics of blame. (shrink)

The belief that people convicted of crimes deserve punishment is commonplace. Yet the punitive conception of individual responsibility commonly associated with ‘just deserts’ exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice. The problem is, many people who get caught up in the criminal justice system cannot reasonably be thought to deserve their fate. Mental illness, intellectual disability, addiction, trauma, and poverty are morally mitigating factors when it comes to assessing how (...) blameworthy a person is for criminal behavior. But with the exception of extreme forms of mental illness that fall into the very narrow legal category of ‘insanity,’ people who struggle with serious difficulties are not treated as less blameworthy by the criminal justice system. The criteria of legal guilt does not match up well with the moral concept of blameworthiness.The solution might seem to be somehow to refine legal practice to make blame more context-sensitive, but I argue that rather than try to revise our criminal justice practices to fit better with common notions of blame and desert, we should get out of the public blaming business altogether. A determination morally to condemn individual offenders is not helping us to resolve the disaster of mass incarceration or the problems faced by returning citizens. It does not help us to see clearly the connection between crime and other problems of social injustice, like poverty, lack of mental health care, drug addiction, racial discrimination, and violence. Were we to be less fixated on individual responsibility, and more cognizant of our shared responsibility to treat all members of society as equal persons, entitled to the same basic rights, liberties, and opportunities, we might be in a better position to work collectively to address problems of social injustice that contribute to the problem of crime. (shrink)

This paper identifies why hypocrites lack the standing to blame others for certain wrongs. I first examine previous analyses of 'standing', and note these attempts all centre around the idea of entitlement. I then argue that thinking of standing to blame as a purely moral entitlement faces numerous problems. By examining how the concept of standing is used in other contexts, I argue that we should think of standing to blame in partly metaphysical terms. That is, we should think of (...) it as a status which grants agents the ability to do certain things. Using Darwall's (2006) account of second-personal obligations, I argue that we should think of blame as expressing demands. For these demands to impose obligations on others, however, we must first have the authority to make these demands. I argue that agents who lack standing to blame lack the authority to blame, and thus lack the ability to impose second-personal obligations on others by making these demands. They lack this authority because they fail to accept other people's second-personal authority to make similar demands on them. (shrink)

The present essay looks to add to the body of literature that seeks to clarify the nature of vengeance and evaluate it morally. However, unlike previous philosophical investigations of vengeance, my essay examines it not from the standpoint of impersonal justice but from the perspective of the one who seeks it, to determine whether it is good for the would-be avenger. The values I measure it by are fulfillment and self-knowledge. The paper has two major parts. In the first, I (...) argue that vengefulness is motivated by two ends: allaying a sense of vulnerability and preserving a positive self-conception. The emotional benefits of a vengeful disposition, I claim, come at the expense of self-knowledge. They are therefore unstable and prone to give way when vengefulness is translated into action. In the second part, I try to substantiate this claim by examining two criticisms of vengeance: that its pursuit can diminish the avenger by consuming him and that it is self-defeating. Framing vengefulness within broader psychoanalytic accounts of the repetition compulsion and projection, I endorse versions of both criticisms that tie vengeance’s failure to provide fulfillment to some of the ways in which it occludes self-knowledge. (shrink)

Recent literature on forgiveness suggests that a successful account of the phenomenon must satisfy at least three conditions: it must be able to explain how forgiveness can be articulate, uncompromising, and elective. These three conditions are not logically inconsistent, but the history of reflection on the ethics of forgiveness nonetheless suggests that they are in tension. Accounts that emphasize articulateness and uncompromisingness tend to suggest an excessively deflationary understanding of electiveness, underestimating the degree to which forgiveness is a gift. Accounts (...) that emphasize electiveness, on the other hand, tend to weaken the safeguards that keep forgiveness distinct from condonation, excuse, or mere servility. I argue in this paper that we can do justice to the three conditions by understanding forgiveness in terms of the concept of institution that Maurice Merleau-Ponty developed in his work from the early- to mid-1950s. (shrink)

In the face of longstanding philosophical debates on the nature of hatred and an ever-growing interest in the underlying social-psychological function of group-directed or genocidal hatred, the peculiar affective intentionality of hatred is still very little understood. By drawing on resources from classical phenomenology, recent social-scientific research and analytic philosophy of emotions, I shall argue that the affective intentionality of hatred is distinctive in three interrelated ways: it has an overgeneralizing, indeterminate affective focus, which typically leads to a form of (...) collectivization of the target; short of a determinate affective focus, haters derive the indeed extreme affective powers of the attitude not in reaction to any specific features or actions of the targets or from some phenomenological properties of the attitude but, rather, from the commitment to the attitude itself; finally, in sharing this commitment to hate with others, hatred involves a certain negative social dialectics, robustly reinforces itself and becomes entrenched as a shared habitus. (shrink)

When we forgive, we do so for reasons. One challenge for forgiveness theorists is to explain which reasons are reasons to forgive and which are not. This paper argues that we forgive in response to a perceived change of heart on the part of the offender. The argument proceeds in four steps. First, I show that we forgive for reasons. Second, I argue that forgiveness requires the right kind of reason. Third, I show that these two points explain a common (...) distinction between forgiving and letting go and, in doing so, solve a problem facing many accounts of forgiveness. Finally, I consider candidate reasons to forgive and argue that all of them are either the wrong kind of reason or are instances of a more general reason of the right kind, namely, a perceived change of heart. (shrink)

This paper develops two related theses concerning resentment. The first, which I label the ‘prior norm requirement’, holds that feelings of resentment are grounded in the resenter’s conviction that some portion of their existing normative expectations has been violated. The second holds that resentments can make a rational contribution to the development of new normative expectations, transforming the resenter’s existing normative outlook. Certain expressions of the prior norm requirement in recent theory clash with the notion of norm-creative resentments, portraying resentment (...) as essentially conservative of existing norms. Against this, I develop the notion of ‘emotional articulation’, according to which emotions like resentment can involve cognitively complex processes of working through the meaning of experiences of wrongdoing, in ways that give rise to genuinely new normative commitments. I develop this through critical comparison with Martha Nussbaum’s cognitive-evaluative theory of emotion and by drawing from Charles Taylor’s notion of articulation. (shrink)

This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified by (...) distributive justice. Apologies and the moral relations they engage might thus be parts of a domain of justice that is neither distributive nor dependent on distributive justice. (shrink)

Understanding the contributions and the implications of law and emotion scholarship requires an acknowledgement of the different approaches within it. A significant part of law and emotion scholarship is focused on arguing for the relevance of emotion and on identifying emotion in legal processes and actors. Other parts of it venture further to ask how law can affect the expression and content of emotions themselves. This scholarship challenges legal positivist foundations (law as rational and objective), as well as some other (...) established divisions in thinking, both in law, and more generally in the history of ideas (reason vs. emotion, the private vs. the public). The other important factor, which this article explores, is the methodology employed by law and emotion scholarship. (shrink)

A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...) his impending death or the reasons for it. I argue that the law of CFE should be abandoned, along with the notion that it is permissible to kill the deeply disturbed just so long as they meet some narrow test of readiness to die. By adopting CFE, the courts have been forced to give independent conceptual and moral significance to a standard for competence that simply cannot bear the weight placed upon it. To be executable, CFE requires that a condemned prisoner meet a standard demonstrating an awareness of certain facts about his death. Yet this standard both leads to confusing and counter-intuitive results and is unsupported either by the reasons advanced by the courts on its behalf or by any of the standard theoretical justifications of criminal punishment. If executing the profoundly psychotic or delusional is wrong the law needs a better account of the wrong done when prisoners like Ford are killed. I suggest wherein that wrong might be located. (shrink)

Drawing on Jacques Derrida’s work, I argue that neither of the two standard accounts of forgiveness offer an adequate understanding of forgiveness. Conditional accounts insist on specifying the conditions an offender needs to satisfy in order to count as deserving of forgiveness. I argue that such accounts not only render forgiveness unintelligible (since forgiveness is intelligibly offered only to the offender qua offender), but also dissolve the ethical decision forgiveness demands of us. Unconditional accounts promise to do justice to both (...) by insisting that forgiveness is a freely granted gift offered to the guilty as guilty. But I argue that when pressed to justify why one should forgive unconditionally and how one avoids the threat of condoning, they typically fall back onto the conditionalist’s ground and lose the electivity of forgiving. I conclude by arguing that genuine forgiveness would have to be purely unconditional but could never appear as such. (shrink)

Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of punishment should (...) be commensurate to the preceding criminal message, so that the offender can face up to the nature and significance of his crime. All murders are not the same. To measure up to the most evil and humanity-degrading murderous message, capital punishment should be the counter-message. Next, I argue that capital punishment does not necessarily violate human dignity. The death penalty and torture may both disrupt human dignity, yet in distinct ways. The death penalty terminates life, the vessel that holds together autonomy, while torture directly assaults autonomy. Torture is never permissible as a form of punishment. But death penalty, when used only on the extravagant evildoers, is justifiable, as life is thoroughly degraded by his own evil act. Further, I argue that mercy is integral to communicative retributivists’ theory of capital punishment. (shrink)

Forgiveness seems especially apt in cases where the wrongdoer first performs some act of reparation. Suppose Valerie betrays Madison's trust out of careerist self-interest. The betrayal is serious, no excusing or exempting conditions obtain, and Madison responds with justified resentment. In one world, Valerie never acknowledges the impropriety of her past act and continues on as before. In another world, Valerie apologizes and sends Madison a beautiful bouquet of flowers. All else being equal, forgiveness seems called for or apt in (...) the second case in a way that it does not in the first. Reparative activities have a certain power, and forgiving in response to the wrongdoer's reparation strikes many as especially apt. (shrink)

Philosophers have taken little heed of the fact that people often act contrary to their better judgment not because they suffer a volitional infirmity like weakness of will or compulsion but instead because they care too little about what they judge best (they are unconcerned) or they care too much about something else (they are compromised). Unconcerned and compromised action, being varieties of akratic action that do not involve volitional infirmity, are phenomena worth examining not only in their own right (...) but also for what they reveal about the better known varieties of akratic action for which they might easily be mistaken, such as weak-willed action and action (or inaction) that stems from accidie. Unconcern and compromise also are worth examining for what they reveal about a topic beyond philosophical psychology, namely, moral and legal accountability. Forgiveness, resentment, and retributive punishment each may have less to do with what an offender (morally) believes than with what he cares about. (shrink)

The “paradox of forgiveness” can be described as follows: Forgiving, unlike forgetting, is tied to reasons. It is a response to considerations that lead us to think that we ought to forgive. On the other hand, acts of forgiveness, unlike excuses, are responses to instances of culpable wrongdoing. If, however, the wrongdoing is culpable, there is (or seems to be) no reason to forgive it. So two mutually exclusive theses about forgiveness both seem to be equally warranted: Forgiveness is related (...) to reasons, but there can be no reasons for forgiveness. In this paper, I attempt to dissolve this paradox. I argue that the paradox arises as a result of a too narrow conception of “reason” and that it can be dissolved if we acknowledge different kinds of reasons for forgiveness. More specifically, I examine three kinds of reasons for forgiving an act of wrongdoing: (1) Moral reasons that make forgiveness morally mandatory. (2) Prudential reasons for forgiveness. (3) Moral reasons that pertain to the character of the forgiver and that favor forgiveness without making it morally mandatory. I show that while the paradox of forgiveness arises when we consider reasons of the first kind, it can be dissolved with recourse to reasons of the second and third kind. The upshot of the argument is that we can be rational in deciding to overcome our feelings of resentment towards an act of unjustified and unexcused wrongdoing—and this is a strong point in favor of forgiveness. (shrink)

This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom—and in which of their possible roles—the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a ‘fuller’ sense (and (...) with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the ‘we’, that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for ‘us’, the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes—I think, at least—that criminal law conflict and tort conflict should be handled together at the same trial. (shrink)