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)

In recent years there has been widespread interest in assimilating forgiveness into a rational conception of the moral life. This project usually construes forgiveness as a way of “moving past” evil and resuming the moral narrative it disrupted. But to develop a philosophical sound conception of forgiveness, we must recognize that moral evil is world-shattering and cannot be assimilated into the moral narrative of our lives. It is not an event that happens in one’s world but to one’s world. In (...) this respect it is similar to death as Heidegger has described it. But, contrary to what Heidegger implies, evil is more traumatic than death because, unlike the latter, it shatters moral reasoning and moral narrative. Evil is a monstrosity; it traumatizes historical existence by impossibilizing the future. A philosophical account of forgiveness must therefore be traumatological: recognizing the traumatizing impact that evil has on historicity, it has provide us a heuristic that will help us to imagine the unimaginable possibility of transforming historical horror into good. (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)

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)

In this article, I undertake three main tasks. First, I argue that, contrary to the standard view, moral injury is not a species of PTSD (post-traumatic stress disorder) but rather, on the most coherent conception of moral injury, PTSD is (in effect) a species of moral injury. In doing so, I make use of the notion of caring deeply about something or someone worthy of being cared deeply about. Second, I consider so-called “dirty hands” actions in police work and in (...) war, and distinguish these from the morally legitimate, but harmful, actions of police officers and of war fighters, such as the morally legitimate use of coercive force and lethal force (respectively). While the morally legitimate use of harmful methods is constitutive of these occupational roles, “dirty hands” methods are not. Roughly speaking, a “dirty hands” action is one that is morally wrong and (typically) unlawful but done for the sake of a good outcome. Both categories of action are conducive to moral injury, but “dirty hands” actions much more so, especially given the slippery moral slope from “dirty hands” actions to egregious moral wrongdoing. Third, I offer some recommendations for reducing moral injury among police officers and war fighters. (shrink)

The idea of self-forgiveness poses a serious challenge to any philosopher interested in giving a general account of forgiveness. On the one hand, it is an uncontroversial part of our common psychological and moral discourse. On the other, any account of self-forgiveness is inconsistent with any general account of forgiveness which implies that only the victim of an offense can forgive. To avoid this conclusion, one must either challenge the particular claims that preclude self-forgiveness or offer an independently plausible account (...) of self-forgiveness. I deploy both strategies in this article, explaining what self-forgiveness is and how it is possible. (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)

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)

This work aims to identify the constituents of forgiveness in terms of the forgiver's beliefs and motivating goals. After addressing the antecedents of forgiveness—a perceived wrong—and distinguishing the notion of mere harm from that of offense, we describe the victim's typical retributive reactions—revenge and resentment—and discuss their advantages and disadvantages. Then we focus on the forgiver's mind-set, pointing to the relationship between forgiveness and acceptance of the wrong, addressing the forgiver's motivating goals, and discussing both their self-interested and altruistic implications. (...) In so doing we also discuss the role of the forgiver's positive feelings towards the offender, arguing that, however important, they are unnecessary to forgiveness. We finally identify two kinds of forgiveness—conditional and unconditional—suggesting that they are grounded on different notions of “worth.”. (shrink)

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.

This article introduces a concept that I refer to as racialized forgiveness. Cases that exemplify certain conditions that I take as paradigmatic of the problem of racialized forgiveness include instances in which: who is forgiven or not is determined by the race of the offender; praise and criticisms of forgiveness are determined by the race of the victim; and praise and criticisms of forgiveness are, at least implicitly, racially self-serving. I argue that this practice is morally objectionable because of its (...) psychological origins, moral failures, and negative effects. Accordingly, in order to dodge these pitfalls, we need to practice forgiveness differently. (shrink)

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)

In recent years, philosophers have developed a novel conception of blame as a kind of moral protest. This Protest View of Blame faces doubts about its intelligibility: can we make sense of inner ‘protest’ in cases of unexpressed blame? It also faces doubts about its descriptive adequacy: does ‘protest’ capture what is distinctive in reactions of blame? I argue that the Protest View can successfully answer the first kind of doubt, but not the second. Cases of contemptful blame and unexpressed (...) blame offer initial counterexamples to the view. The Protest View can accommodate these examples by appealing to a broader notion of protest, but, I argue, at the cost of retreating to a broader category that no longer captures what is distinctive about blame. Moreover, nonviolent resistance, in the tradition of Gandhi and Dr. King, characteristically protests without blame, presenting another powerful challenge to the Protest View. These challenges, I argue, undermine the view, while helping to illuminate and defend the appeal of nonviolent resistance. They also offer an alternative conception of the relation between protest and blame, characteristic of nonviolent resistance and obscured by the Protest View. On that alternative, the relation is not descriptive but practical; rather than understanding blame as a kind of protest, we should aim, in many cases, to replace blame with protest. (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)

ABSTRACTLove is the basis for a moral psychology of forgiveness. I argue for an account of love based on Roy Bhaskar's conception of its five circles, and of the ethical nature of human beings as concrete universals/singulars. Linking this to work of ‘The Forgiveness Project’, I argue that forgiveness can be understood metaphysically in terms of its relation to love of self, of the other, of the relation of self and other, of self, other and the wider community, and of (...) self and other in their ontological depth as unique individuals. Forgiveness involves both a ‘giving to’ and a ‘giving up’, and this can lead to a profound sense of identity between a victim and a perpetrator. Forgiveness is different for each person; it may draw upon a public/legal setting as a proxy for universal judgement; and it confronts social-structural and political elements which may block its development. (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)

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 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)

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)

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)

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)

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)

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)

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)

In this paper, we contextualize Claudia Card's work on forgiveness within wider literatures on forgiveness. With Card, we emphasize the costs of forgiveness and the sufferings of victims, and suggest alternatives to forgiving evils. Women who live in particularly unsafe contexts require recognition more than reconciliation. We conclude that those who forgive evil also require recognition that respects the choices of forgiving agents, seeing their decisions as relevant to conceptual analysis about forgiveness.

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)

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)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime deserving of punishment, (...) since the wrongfulness of murder is not primarily about unfairness. The second is that it implies that all crimes deserve the same degree of punishment, because all crimes create the same degree of unfairness. These objections are viewed as revealing fatal flaws in the theory. Although Dagger attempts to meet these objections by drawing on political theory, Duff responds that this still draws upon the wrong kind of resources for meeting these objections. This paper argues that these two objections rest on a crucial mistake that has been overlooked by both the defenders and critics of fair-play. This mistake results from failing to distinguish between what justifies punishment as a response to crime (which requires a common element to all crime) and what justifies attaching particular penalties to crimes (which requires making distinctions in the severity of crime). The arguments presented will give reasons to consider fair-play as a viable justification for legal punishment. (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)

The institution of slavery is an unjust institution. The aim of this paper is to provide an explanation of why it is unjust. I argue that slavery is unjust because it makes it impossible for slaves to realise both their interest in self-respect and their interest in being at home in the world. Furthermore, I argue that this explanation of the injustice of slavery also provides us with an argument for political equality.

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)

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)

Abstract: This article provides an account of the meaning of reparations and presents a brief explanation as to why African Americans believe they are entitled to reparations from the United States government. It then goes on to explain why reparations are necessary to address the distrust that is thought to exist between many African Americans and their government. Finally, it rejects the belief that reparations require reconciliation.

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)

The Limits of Blame, by KellyErin I. Cambridge, MA: Harvard University Press, 2018. Pp. 221.

Despite much philosophical attention on forgiveness itself, the phenomenon of un-forgiving is relatively neglected. Some views of forgiveness commit us to denying that we can ever permissibly un-forgive. Some go so far as to say the concept of un-forgiving is incomprehensible—it is the nature of forgiveness to be permanent. Yet many apparent cases of un-forgiving strike us as both real and justified. In what follows, I will address the latter view, that genuine un-forgiving is impossible or incomprehensible as a phenomenon, (...) advanced by a character I will call the “Un-Forgiving Denier.” I address two views which purport to describe candidate un-forgiving cases in alternative ways and deny that any candidate un-forgiving cases are truly cases of un-forgiving: the “epistemic invalidation” and “new forgiveness opportunity” views. In creating problems for those views, I hope to defend the possibility of genuine un-forgiving. Even if it’s possible to respond to the “Un-Forgiving Denier,” a defender of genuine un-forgiving still faces the “Un-Forgiving Critic,” who insists that un-forgiving, while possible, is morally indefensible. Against this view, I argue that un-forgiving enables an ideal of forgiveness wherein victims hold wrongdoers accountable for their moral development and allows certain opportunities for relational repair. I conclude that there is good reason to think un-forgiving is both possible and permissible. Embracing genuine un-forgiving puts constraints on how we should theorize about forgiveness itself and gives us an additional tool for understanding and navigating our relationships. (shrink)