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.

Of the many forgiveness-related questions that she takes up in her novels, the one with which Iris Murdoch wrestles most often is the question, “Is forgiveness possible without God?” The aim of this essay is to show, in the first instance, why the question Murdoch persistently raises is a question worth asking. Alongside this primary aim stands a secondary one, which is to consider how one might glean moral insights from the Christian tradition even if one does not (any longer) (...) endorse its theological commitments. (shrink)

Forgiveness is a perennially rich topic in philosophy. It gathers together questions of ethics as well as philosophy of mind, action and emotion; it has analytic and Continental slants, and an impo...

Forgiveness is a perennially rich topic in philosophy. It gathers together questions of ethics as well as philosophy of mind, action and emotion; it has analytic and Continental slants, and an impo...

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)

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)

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

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

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

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)

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)

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)

Why does an offender find it upsetting when the victim of their wrongdoing refuses to accept their apologies? Why do they find it upsetting when the victim is unwilling to grant them the forgiveness that they are asking for? I present an account of apologising and accepting apologies that can explain why this distress into an apt emotion.

This essay suggests that while Antony Duff's model of criminal punishment as secular penance is pregnant with possibilities for theological reception and reflection, it proceeds by way of a number of separations that are brought into question by the penitential traditions of Christianity. The first three of these—between justice and mercy, censure and invitation, and state and victim, constrain the true communicative character of his account of punishment. The second set of oppositions, between sacrament and virtue, interior character and external (...) action, and formal and moral reconciliation, subject the model of state punishment as secular penance to problematic liberal and libertarian constraints. A postsecular analogy, outlining a theology of the invitational nature of divine judgment, and drawing on Thomas Aquinas's account of penance as both sacrament and virtue, is proposed. (shrink)

Two notions of reconciliation exist. The weak or thin conception is akin to ‘resignation’. It is sought by groups that have waged war against one another but have come to the realization that neither can win. Reconciliation in this sense results from an enforced lowering of expectations. In the stronger sense, reconciliation means a virtual cancellation of enmity or estrangement via a morally grounded forgiveness, achievable only when conflicting groups acknowledge collective responsibility for past injustice, and shed their deep prejudices (...) by a profound and painful transformation in their identities. It is because this process is not possible without a somewhat brutal confrontation with oneself and a painful recognition of one’s own moral degradation that reconciliation is difficult to achieve. (shrink)

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

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)

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)

This essay explores Hannah Arendt's claim that Jesus was the “discoverer” of forgiveness. It assesses Charles Griswold's view that person-to-person forgiveness is in evidence in Greek culture and practice before Jesus. The essay refines Griswold's view and suggests that person-to-person forgiveness is a cultural universal. The essay makes observations about the significance of the different words that denote person-to-person forgiveness; it also explores the implications of reading the New Testament writings on person-to-person forgiveness in the chronological order in which they (...) were written. From a close reading of the early New Testament documents, the essay makes two suggestions about the Western tradition of forgiveness. First, it suggests that Paul the apostle is the first to identify person-to-person forgiveness as a moral virtue. Second, it suggests that in the Synoptic tradition, Jesus is the first to identify person-to-person forgiveness as a discrete category of behavior distinct, for example, from pardoning, excusing, waiving, or ignoring the wrongs of others. (shrink)

Gideon Rosen (2014) has drawn our attention to cases of duress of a particularly interesting sort: the person's ‘mind is not flooded with pain or fear’, she knows exactly what she is doing, and she makes a clear-headed choice to act in, as Rosen says, ‘awful ways’. The explanation of why we excuse such actions cannot be that the action was not voluntary. In addition, although some duress cases could also be viewed as necessity cases and thus as justified, Rosen (...) wisely sets aside that complicating factor by zeroing in on those cases where the action clearly is not justified. So why do we excuse in these cases, where the action is not justified and the agent acted voluntarily?Rosen thinks the key lies in the ‘ill will’ condition, ‘the idea that an act is blameworthy only if it manifests insufficient concern or regard for those affected’. He says this is relatively uncontroversial; much of my paper is taken up with calling the ‘ill will’ condition into question. I also take issue with Rosen on just how justifications and excuses differ. I argue in favour of understanding justifications (in a context where we are asking how justifications and excuses differ) as not requiring truth, but only reasonable belief. (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)

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)

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)

A companion to ‘Punishment: Consequentialism’, and also ‘Punishment: The Future’, this paper examines various nonconsequentialist attempts to justify punishment, that is, attempts that appeal to claims concerning the innate worth or intrinsic character of punishment, quite apart from any consequential good or benefit punishment may be thought to produce. The paper starts with retributive theories, and turns then to the denunciation and expressive theories, before considering combined communicative–retributive theories.

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)

Moral injury is a term whose popularity has grown in psychology and psychiatry, as well as philosophy, over the last several years. This presents challenges, because these fields use the term in different ways and draw their understanding from different sources, creating the potential for contradiction. This, however, is also an opportunity. Comparison between behavioral sciences and philosophy can help enrich understandings of harms considered not just psychological but moral. To this end, I provide an overview of the more influential (...) writing of moral injury, mapping them into three broad discourses: clinical, juridical-critical, and structural. This overview then leads to a discussion of how comparative engagement among these discourses promises to expand on current theories of moral harm. I argue that such a comparison will demonstrate that more emphasis on structural violence will strengthen current understandings of moral injury, often understood in a more narrow sense to be a result of more direct, physical violence, allowing us to view moral injury as a result of institutional and social violence and injustices. (shrink)

In philosophy and in religious ethics, accounts of mercy are typically developed in relation to justice. The essays in this focus issue each insist on an integral connection between mercy and justice, yet each reconfigures that relationship by arguing that mercy is best understood as a normative response to others in their need. Defining mercy as our response to others’ need highlights the value of mercy as an effective public virtue, grounded in realism about the human condition and focused on (...) reparative and restorative action. (shrink)

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

A number of philosophers have suggested that acts of forgiveness are pointless if the wrongdoer has atoned for his offence (since there is nothing to be forgiven) and unjustified if no atonement has been forthcoming (since there are no grounds for forgiveness). My aim in this paper is twofold. First, I try to remove this dilemma and show that forgiveness has a proper place in ethics by providing an account of its nature and justification. Second, I argue that the dilemma (...) is apt to emerge from an exclusively utilitarian outlook or an exclusively retributivist outlook, and that it is only by adopting a ’mixed approach’ towards the treatment of wrongdoers that it can be removed. (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)

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)

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)

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)

This paper analyses the republican notion of non-domination from the viewpoint of individual dignity. It determines the aspect of individual dignity that republicans are concerned with and scrutinises how it is safeguarded by non-domination. I argue that the notion of non-domination as it is formulated by Pettit contains a number of ambiguities that need to be addressed. I discuss these ambiguities and argue for specific solutions that place great importance on a person’s moral beliefs and his status as a moral (...) being amongst others. Furthermore, I argue that the impunity interpretation is to be favoured over the immunity interpretation of non-domination. I show that whilst these solutions accord well with many important republican tenets, they have other implications that contradict known republican positions. In particular, I show there is both room and a need for retributivism within republicanism. (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)

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing. (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)

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)

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)

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)

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)

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)

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)

This paper comments on the conflict between ethical relativism and anthropologists’ concerns with rights, and tries to show that neither scientific objectivity nor respect for cultural diversity require denying an extracultural stance for ethical judgments.

This essay argues that the criminal justice system in the United States is flawed because it focuses principally on punishment of illegal actions without considering offenders as persons in their entirety. It considers the role that constructive shame and mercy can play in addressing this flaw. The essay concludes by applying this argument to the case of shaming penalties within criminal justice.