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)

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?

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)

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)

The Argument from Disagreement (AD) (Mackie, 1977) depends upon empirical evidence for ‘fundamental’ moral disagreement (FMD) (Doris and Stich, 2005; Doris and Plakias, 2008). Research on the Southern ‘culture of honour’ (Nisbett and Cohen, 1996) has been presented as evidence for FMD between Northerners and Southerners within the US. We raise some doubts about the usefulness of such data in settling AD. We offer an alternative based on recent work in moral psychology that targets the potential universality of morally significant (...) distinctions (e.g. means vs. side-effects, actions versus omissions). More specifically, we argue that a recent study showing that a rural Mayan population fails to perceive as morally significant the distinction between actions and omissions provides a plausible case of FMD between Mayans and Westerners. (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)

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)

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)

There is a tendency among those who identify themselves as subjectivists on the issue of defining criminal intent to dismiss or minimize the role of actual non-trivial harm in the determination of criminal liability and punishment. That is to say, they are those who argue that an individual’s subjective intent is a sufficient indication of potential dangerousness and culpability to justify punishment. In this essay, the author presents a view, based on Adam Smith’s recognition of the “irregularity of the sentiments,” (...) that actual physical harm matters; that it reflects the negative component of the two great motivators, pleasure and pain; and that it can release the worst sort of emotional reactivity: retribution. The infliction of a non-trivial first order harm can invoke a deeply felt aesthetic reaction which, in turn, reflects our natural (and cognitively “irregular”) human sentiments. Trying to dispense with harm as a feature in our understanding of criminality seems prima facie absurd. Awareness of the sentiment, as Smith understood, helps temper the worst parts of our nature: that which hopes to crush the people and ideas we find threatening. Ironically, the existence of and need for harm as a necessary condition of criminality heightens our awareness of the limitations of reason in dealing with victims of crime. We are not simply cognitive creatures. (shrink)

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)

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)

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.

Moral repair is an important way for firms to heal moral relationships with stakeholders following a transgression. The concept is rooted in recognition theory, which is often used to develop normative perspectives and prescriptions, but the same theory has also propelled a view of moral repair as premised on negotiation between offender and victim(s), which involves the complex social construction of the transgression and the appropriate amends. The tension between normative principles and socioconstructivist implementation begs the question how offending firms (...) should approach moral repair. Addressing this question, we develop a two-level conceptualization of moral repair, distinguishing between procedural and substantive levels of practice, which accommodate normativity and socioconstructivism, respectively. In so doing, we enrich the literature by 1) promoting conceptual clarity, 2) refining understanding of the moral repair process, and 3) suggesting the use of a unified, configurational approach to studying (nonlinear) relations between amends and moral outcomes. (shrink)

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)

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)

This paper analyses the role of remorse and apology in international criminal trials by juxtaposing two prominent cases of convicted war criminals Biljana Plavšić and Esad Landžo. Plavšić was the first and only Bosnian Serb political leader to plead guilty before the International Criminal Tribunal for the former Yugoslavia. Her acknowledgement of guilt and purported remorse expressed during her ICTY proceedings was celebrated as a milestone for both the ICTY and the Balkans. However, she later retracted her remorse while serving (...) her prison sentence. Landžo was a guard at the notorious Čelebići detention camp and did not acknowledge his guilt publicly during his ICTY trial. Seven years after his release from prison, Landžo personally confronted survivors and apologised to them. Through comparison of these two widely different cases, we illustrate varying roles criminal trials can play in offender’s reflection on his/her crimes and how relevance and resonance of war criminal’s remorse in and outside of the courtroom depend on how remorse is expressed and to whom. (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)

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)

El artículo analiza el papel del resentimiento en la Teoría de los sentimientos morales de Adam Smith y su conexión con el proceso de la simpatía mutua por medio del cual el “espectador imparcial” asume plenamente el resentimiento de la víctima, al considerar que su pasión se rige por los principios de la propiedad y la justicia. Se sostiene que el resentimiento no solo cumple un rol central en la teoría del castigo de Adam Smith, en la medida en que (...) permite retribuir, disuadir y rehabilitar al victimario sino que, además, aporta a la discusión contemporánea sobre el perdón y la reconciliación, pues convoca la posibilidad de superar el resentimiento y restablecer las relaciones sociales entre el agresor y la víctima. (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)

The concept of forgiveness is analyzed as a moral gesture toward the offender designed to help restore that individual's moral standing. Jewish sources on the conditions under which forgiveness is obligatory are explored and two contrasting positions are presented: one in which the obligation to forgive is conditional on the repentance of the offender and another in which people are required to forgive unconditionally. These two positions are shown to represent different ways of framing the offending behavior that rest, in (...) turn, on different ways of balancing the need for justice and for mercy respectively. In the final analysis, Judaism's two contrasting attitudes toward forgiveness are rooted in different theological assumptions and different ways of construing the very goals of the moral life. The author points out the merits and shortcomings of both positions and concludes with the suggestion that the two complement each other in important ways. (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)

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 discussing forgiveness have usually been split between those who think that forgiveness is typically virtuous, even when the wrongdoer doesn’t repent, and those who think that, for forgiveness to be virtuous, certain pre-conditions must be satisfied. I argue that Darwall’s second-personal account of morality offers significant theoretical support for the latter view. I argue that if, as Darwall claims, reactive attitudes issue a demand, this demand needs to be adequately answered for forgiveness to be warranted. It follows that we (...) should reject the thesis that unconditional forgiveness is appropriate in the absence of repentance. (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)

Criminal justice in the United States is beset with several serious problems and challenges. While the issues are not entirely unique to the U.S. and can be found to some extent in other liberal de...

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)

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.

It is widely accepted that only the victim of a wrong can forgive that wrong. Several philosophers have recently defended “third-party forgiveness,” the scenario in which A, who is not the victim of a wrong in any sense, forgives B for a wrong B did to C. Focusing on Glen Pettigrove's argument for third-party forgiveness, I will defend the victim's unique standing to forgive, by appealing to the fact that in forgiving, victims must absorb severe and inescapable costs of distinctive (...) kinds, a plight that third parties do not share. There are, nonetheless, significant, even essential, roles played by third parties in making forgiveness possible, reasonable, or valuable for victims of serious wrongs. I take a closer look at the links between victims, wrongdoers, resentment, and forgiveness in showing why the victim alone can forgive. (shrink)

Believers regularly refer to God as “forgiving and merciful” when praying for divine forgiveness. If one is committed to divine immutability and impassability, as Maimonides is, one must deny that God is capable, in principle, of acting in a forgiving manner. If one rejects divine impassability, maintaining that God has a psychology, as Muffs does, one must reckon with biblical depictions of divine vengeance and rage. Such depictions suggest that while being capable, in principle, of acting in a forgiving way, (...) God has a difficulty to manage God’s anger and do so in practice. Employing a Wittgensteinian perspective, I argue that utterances, e.g., “God merciful and gracious, slow to anger. . . forgiving iniquity and transgression and sin”, need not be understood as involving mistaken or confused descriptions of God’s nature and manner of acting. Rather, they can be understood as speech-acts of various types and functions: mystical, theurgic and others, that purport to bring about or transform various states of affairs in this world and/or beyond it. As such, they can function as non-semantic instruments that purport to elevate the believer to the “upper worlds”, or as anger-management devices that purport to help God implement His second order desire to act in a forgiving manner, despite His difficulty to do so. (shrink)

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked (...) by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised. -/- . (shrink)

My view on what I see as the predicament of Christian philosophy in ethics has been shaped by a number of experiences. I will first share with you some of these experiences, to give you an impression of the background against which this article has been written.

In this essay I offer a detailed reply to three critics (whose commentaries are included in this issue of Philosophia) of my Forgiveness: a Philosophical Exploration (Cambridge: Cambridge University Press, 2007). The topics explored include the nature and limits of forgiveness; its unconditional or conditional character; the problem of distinguishing between central and marginal cases; the analysis of political apology; and questions of philosophical methodology.

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)

Retributive emotions and behavior are thought to be adaptive for their role in improving social coordination. However, since retaliation is generally not in the short-term interests of the individual, rational self-interest erodes the motivational link between retributive emotions and the accompanying adaptive behavior. I argue that two different sets of norms have emerged to reinforce this link: (1) norms about honor and (2) norms about moral responsibility and desert. I observe that the primary difference between these types of retribution motivators (...) lies in where the normative focus is placed after an offense. In the first form of retribution, the normative focus is on the offended party. In the second, it is on the offender. Next, I show how each class of norms is well tailored to the particular features of the environment in which these forms of retributive behavior emerge. Finally, I consider some philosophical implications of these observations. I suggest that my account, if correct, would pose tough challenges for contemporary philosophical theories of moral responsibility and punishment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric and AngerKenneth S. Zagacki and Patrick A. Boleyn-FitzgeraldSince most believe anger can be either good or bad, rhetors face a moral problem of determining when anger is appropriate and when it is not. They face a corresponding rhetorical problem in deciding when and how to express anger and determining the role that it might play in public discourse, with specific audiences and in particular rhetorical situations. Rhetorical scholars (...) have catalogued whole genres of angry rhetoric—apocalyptic genres, jeremiads, the demonizing rhetoric of religious and political leaders—wherein the rhetorical display of anger is explained in terms of situational conventions and cultural norms.1 Yet these scholars have not easily resolved the moral problems associated with angry rhetoric. Aristotle suggested the earliest and most obvious solutions to these problems. In the Nicomachean Ethics, he outlines a typology for discerning the moral limits of anger and, by implication, angry rhetoric. And in Book II of the Rhetoric he asserts that the orator needs to know the structure of emotions like anger and how to intensify and dissipate them. Or, in other words, the orator must know how to make it reasonable to be angry. Some contemporary philosophers have gone further, suggesting that a failure to feel and express anger in public betrays an insufficient concern for justice and self respect.In this essay, we follow Aristotle in arguing that anger is sometimes the emotion we expect people to feel or the rhetorical response we expect them to display and evoke in others. But we also challenge part of Aristotle's argument by asking: "Even when angry rhetoric would appear to be a reasonable, morally appropriate response, is there a way in which rhetors might manage anger in their public discourse in order to achieve ends which are both morally and pragmatically productive?" The answer, we propose, lies in what we call "non-angry" rhetoric, which involves transforming and reflecting upon anger in public discourse. Because such rhetoric often promotes noble ends such as reconciliation and forgiveness, it is at least morally permissible and more likely morally virtuous.2 In order to establish these claims, our analysis focuses on the case of Nelson Mandela and his "Address to the Interfaith Commissioning Service for the Truth and Reconciliation Commission."3 In this speech, Mandela, as our [End Page 290] analysis demonstrates, managed anger and turned it into an object of reflection, thereby illustrating what opportunities for reconciliation and democratic deliberation would look like during the difficult period attending the political transition in South Africa in general and the Truth and Reconciliation Commission (TRC) hearings in particular. His "Address" exemplified a unique moment when the rhetoric and the ethics of anger came together in a public performance. While acknowledging the understandable anger of blacks, Mandela (who may in fact have harbored considerable anger himself) simultaneously suggested that by engendering a less hostile social-political context, in which participants maintained their self-respect without necessarily sacrificing justice, a new democratic community could emerge. This would be a community where, as he described it, individuals began to reconcile with and no longer persecute one another. As Aristotle might explain, the purpose of Mandela's speech was to manage the anger of blacks, so that they would then be able to deliberate properly about the issues before the TRC and about the larger democratic transition. As the philosopher Eugene Garver says, the particular passions Aristotle chooses to explore in the Rhetoric serve a role necessary for the kind of public, political decision making he assigns to rhetoric. These emotions serve to integrate—or segregate, as the case may be—"distinct individuals into a deliberative or judging body, or demos" (1994, 131).What we are recommending, then, is that rhetoric encompasses both considerations of moral desert as well as broader moral concerns. While there are times when individuals seem to deserve our angry rhetoric, it may not be justified from a broader moral perspective, especially when the goal is the good of the state or the community—viz., if angry rhetoric leads to the violent dissolution of democratic community. Ultimately, we argue that the moral constitution of political, deliberative communities must be viewed in terms... (shrink)

Recently the CJEU decision in the case of ‘Ewa Glawischnig-Piesczek v. Facebook Ireland Limited’ has raised the issue of the transcultural/trans-territorial signification of hate speech and hate crimes. Taking a cue from this decision and the related semiotic/legal implications, the paper proposes an analysis of the semio/pragmatic conditions for the production of performativity inherent in hate speech across different cultural universes of discourse. Given that web-based digital communication is global—at least, potentially—regardless of any spatial/political compartmentalization, it crosses different semio-cultural circuits. (...) This trans-spatiality implies transcultural crossings that can multiply and even transfigure the semantic implications of the original signifier and the related prognoses of ‘semantic effectiveness.’ Cultural boundaries therefore may function as a kind of ‘horizon of events’ for hate speech and, more inclusively, all linguistic acts and their legal signification/classification. The question then arises regarding whether and to what extent the performativity of hate speech is able to withstand the variation of cultural boundary conditions. Insofar as cultures are universes of experience, the issue to be investigated broadens, and ends up invoking the question of whether or not the production of performativity implicitly presupposes and tacitly epitomizes the semio-pragmatic implications/consequences (or, in Peircean terms, ‘bearings’) coextensive with cultural universes of experience. Were this the case, it would seem to call into question the very possibility of ‘making things only with words,’ or more explicitly, the alleged meaning of ‘linguistic acts.’. (shrink)