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)

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.

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)

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)

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)

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)

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.

School anti-violence programs are united in their radical condemnation of aggression, generally equated with violence. The programs advocate its elimination by priming children's emotional and cognitive controls. What goes unrecognized is the embeddedness of aggression in human beings, as well as its positive psychological and moral functions. In attempting to eradicate aggression, schools increase the risk of student disaffection while stifling the goods associated with it: status, power, dominance, agency, mastery, pride, social-affiliation, social-approval, loyalty, self-respect, and self-confidence. It is argued (...) that the distribution of power and authority to students as plausible substitutes for aggression, would enable them to express aggression in a legitimate manner and simultaneously encourage their attachment to school. A vibrant anti-violence program that attracts children will find a way for caring, amiability, sympathy, and kindness to live in tandem with competition, power, assertiveness, and anger tamed by institutional constraints. (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)

There are puzzle cases that forfeiture theory has trouble handling, such as the issue of what happens to the rights of two qualitatively identical people who simultaneously launch unprovoked attacks against the other. Each person either has or lacks the right to defend against the other. If one attacker has the right, then the other does not and vice versa. Yet the two are qualitatively identical so it is impossible for one to have the right if the other does not. (...) The Problem of Symmetrical Attackers is a problem for non-consequentialism because the most plausible non-consequentialist theories assume that people have rights and can lose them by forfeiting them or waiving them. This article considers whether consequentialism can get around this problem. (shrink)

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

This essay examines Aquinas's discussions of hatred in Summa Theologica I-II, Q. 29 and II-II, Q. 34, in order to retrieve an account of what contemporary theorists of the emotions call its cognitive contents. In Aquinas's view, hatred is constituted as a passion by a narrative pattern that includes its intentional object, beliefs, perceptions of changes in bodily states, and motivated desires. This essay endorses Aquinas's broadly "cognitivist" account of passional hatred, in line with his way of treating passions in (...) general. I suggest that Aquinas's account of hatred's arising out of attachment is compelling. However, I also argue that if Aquinas's treatment of hatred is to help us understand the phenomenon of hate, where classes of people are abominated for an identity they bear, and to avoid equating an oppressor's hatred with that of the oppressed for the oppressor, the cognitive pathway to hatred must be broader than through envy. (shrink)

Advice-giving is an important means of supporting others to act well. It inspires gratitude, indifference and resentment in equal measure. Although we can often predict a resentful reception for advice, its normative implications may be unclear. Should advice that is likely to be resented be withheld or modified because of its resentability, or delivered despite it? The norms that underwrite advice-giving, and which inform justified resentment, have thus far evaded systematic philosophical analysis. Using a case proposed by Edward Hinchman, the (...) first part of this paper develops three lines of reasoning that explain why advice might be resented. The second part explores three norms of advice suggested by the case. Together they cast light upon the role of advice in our moral and social lives, and offer a starting point for practical reasoning about when to give resentable advice, and how to be a good advisor. (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)

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...

According to the received view, formalism – interpreted as the thesis that mathematical truth does not outrun the consequences of our maximal mathematical theory – has been refuted by Goedel's theorem. In support of this claim, proponents of the received view usually invoke an informal argument for the truth of the Goedel sentence, an argument which is supposed to reconstruct our reasoning in seeing its truth. Against this, Field has argued in a series of papers that the principles involved in (...) this argument – when applied to our maximal mathematical theory – are unsound. This paper defends the received view by showing that there is a way of seeing the truth of the Goedel sentence which is immune to Field's strategy. (shrink)

In this paper I critically discuss what has come to be known as the consensus or standard view of interpersonal forgiveness noting some of the paradoxes it appears to generate, how its conceptual resources seem unable to help illuminate several other varieties of forgiveness that are either themselves instances of interpersonal forgiving or at least types of forgiveness that a theory of interpersonal forgiveness should be able to shed some light upon. In the final section I offer some remarks on (...) the nature of revenge, which has recently come to be seen by some philosophers as a morally acceptable alternative to forgiving wrongdoers, note some of the puzzles to which it gives rise, and conclude that while both types of responses to wrongdoers remain morally complex, there is good reason to think that forgiveness is the morally more appropriate response to having been wronged. (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)

Recent writers in feminist ethics have been concerned to find ways to reclaim and augment women's moral agency. This essay considers Sarah Hoagland's intriguing suggestion that we renounce moral praise and blame and pursue what she calls an "ethic of intelligibility." I argue that the eschewal of moral blame would not help but rather hinder our efforts to increase our sense of moral agency. It would, I claim, further intensify our demoralization.

Forgiveness is one of the most valued decisions in contemporary culture, although it has been emphasised that imprudent forgiveness can cause more harm than good in human relationships. In this article, I focus on the rarely discussed aspect of forgiveness, namely the recovery of subjectivity by the victim in their relationship with the perpetrator. I divide my reflection into three parts. In the first, I deal with the issue of the subjectivity of individuals in social relations. In the second part (...) I present the consequences of the victim’s experience of harm, which include, first, the evoking of negative emotions, and subsequently the impact of these emotions on the way the victim functions as a subject in the relationship with the perpetrator. In the third part I show how – thanks to forgiveness – the victim regains subjectivity. Furthermore, I address the moral value of forgiveness. I argue that the regaining of subjectivity by the victim is a premise for recognising forgiveness as a morally good act and illustrate that forgiveness – properly defined – does not pose a threat to the good of people creating a relationship with the perpetrator. (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)

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)

Accusing, condemning, and avenging are part of our daily life. However, a review of many years of literature attempting to analyze our blaming practices suggests that we do not understand very well what we are doing when we judge people culpable for a wrong they have committed. Of course, everyone agrees that, for example, someone deserves censure and punishment when she is guilty of a wrong, and the law has traditionally looked for a mens rea, or “guilty mind,” in order (...) to convict someone of a criminal wrongdoing. But philosophers and legal theorists have found it interestingly difficult to say what mens rea is. For example, noting the way in which we intuitively think people aren't culpable for a crime if they disobey the law by mistake, or under duress, or while insane, theorists such as H.L.A. Hart have tried to define mens rea negatively, as that which an agent has if he is not in what we consider to be an excusing state. But such an approach only circumscribes and does not unravel the central mystery; it also fails to explain why the law recognizes any excusing states as mitigating or absolving one of guilt, much less why all and only the excusing states that are recognized by the law are the right ones. Moreover, the Model Penal Code, which gives a very detailed account of the kinds of mental states which justify criminal conviction, does not tell us why these states of mind are relevant to an assessment of legal guilt. (shrink)

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

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.

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

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.

This essay explores the phenomenological features of the passional response to evil that Aquinas calls ‘hatred of sin’ in Summa Thelogiae II-II Q34 A3 and I-II Q23 A1, among other places. Social justice concerns and philosophical objections, however, challenge the notion that one can feel hatred toward an agent’s vice or sin without it being the agent who is hated. I argue that a careful, contextual reading of these texts shows that Aquinas cannot be read as commending ‘hate’ in any (...) form. The texts under consideration offer no comfort to those who appeal to hatred of sin or vice to legitimate sentiments or actions that can be reasonably taken to express hatred of persons. (shrink)

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

ABSTRACT:We call for business ethics scholars to focus more attention on how individuals and organizations respond in the aftermath of unethical behavior. Insight into this issue is drawn from restorative justice, which moves beyond traditional approaches that emphasize retribution or rehabilitation to include restoring victims and other affected parties, reintegrating offenders, and facilitating moral repair in the workplace. We review relevant theoretical and empirical work in restorative justice and develop a conceptual model that highlights how this perspective can enhance theory (...) and empirical research in business ethics. We specifically identify topic areas that we believe have particular promise for business ethics scholars to pursue. We close our paper by discussing implications of the restorative justice approach for practicing managers. (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.

It is widely assumed that Christianity enjoins its followers to practice universal, unconditional forgiveness. But universal, unconditional forgiveness is regarded by many as morally problematic. Some Christian scholars have denied that Christianity in fact requires universal, unconditional forgiveness, but I believe they are mistaken. In this essay, I show two things: that Christianity does enjoin universal, unconditional forgiveness of a certain sort, and that Christians, and perhaps other theists, are always justified in exercising unconditional forgiveness. Though most philosophers treat forgiveness (...) as grounded in our beliefs about the offender's current state, I argue that we might more fruitfully ground forgiveness in hope for the wrongdoer. Christianity's commitment to the existence of an omnipotent God who is concerned about the moral status of His creatures always justifies such hope and thus always justifies forgiveness. (shrink)

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

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

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)

Contemporary philosophers often construe mercy as a supererogatory notion or a matter of punitive leniency. Yet it is false that no merciful actions are obligatory. Further, it is questionable whether mercy is really about punitive leniency, either exclusively or primarily. As an alternative to these accounts, I consider the view offered by St. Thomas Aquinas. He rejects the claim that we are never obligated to be merciful. Also, his view of mercy is not restricted to legal contexts. For him, mercy's (...) scope is considerably broader, as it concerns a wide range of needs and hardships to which human beings are vulnerable. Such a view, I submit, affords a kind of normative depth lacking in many contemporary accounts. Unlike those views that construe mercy as either a supererogatory or legal concept, Aquinas's account illuminates mercy's obligatory nature and encourages us to make mercy a more salient fixture of our moral lives. (shrink)

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)

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