Philosophy Compass, Volume 17, Issue 2, February 2022.

Strawson's view on punishment has been either neglected or recoiled from in contemporary scholarship on ‘Freedom and Resentment’ (FR). Strawson's alleged retributivism has made his view suspect and troublesome. In this article, we first argue, against the mainstream, that the punishment passage is an indispensable part of the main argument in FR (section 1) and elucidate in what sense Strawson can be called ‘a retributivist’ (section 2). We then elaborate our own hypothesis of symbolic retribution to explain the continuum between (...) moral reactive attitudes and punishment that Strawson only adumbrates (section 3). After this justification of the punitive response to wrongdoing, we compare and contrast our specific kind of retributivist hypothesis with other positions in the so-called ‘new retributivism’ (section 4). Our hypothesis differs from other subvarieties of expressive retributivism in putting centre stage the idea of punishment as taking up a reverential stance towards the victim. (shrink)

Due to developments in positive psychology, the theme of forgiveness has increasingly been observed in psychological studies in recent years. Forgiveness has now become one of positive psychology’s favourite topics. It is conceived as an element of religiosity and hence studies focus on the relation between forgiveness and religiosity. This study is carried out to determine the relation between the propensity to forgive and socio-demographic variables and religiosity in the case of the Turkish-Muslim sample. Furthermore, this article aims to describe (...) the relation between forgiveness, humility and pride. In order to investigate these relations, the Interpersonal Forgiveness Scale and Brief Islamic Religiosity Measure have been developed and applied to a sample of 321 people from different parts of Istanbul, Turkey. The findings show that religiosity is positively related to the propensity to forgive and negatively related to feelings of revenge. Furthermore, forgiveness is correlated positively with humility and negatively with pride. (shrink)

In this article, the author argues that it would be valuable to look into less paradigmatic manifestations of forgiveness in schools, that is, pedagogical approaches that acknowledge the complexity of forgiveness in socio-political contexts ? namely, how forgiveness might be ambivalent, intermingled with both positive and negative emotions, and concerned with the standpoints of both the victim who offers forgiveness and the perpetrator who seeks forgiveness. The meaning and value of ambivalent forgiveness is presented through an extended reflection on a (...) vignette from the author's ethnographic research on forgiveness in a troubled society ? his home country, Cyprus. The vignette will highlight the complexity of forgiveness and provide a specific instance where traditional models of interpersonal forgiveness may fail or, at the very least, need to be expanded to account for the socio-political or inter-group dynamics. This article ends with a discussion of the pedagogical implications of the notion of ambivalent forgiveness for troubled societies. (shrink)

In this paper, I begin by considering a traditional argument according to which it would be unfair to impose sanctions on people for performing actions when they could not do otherwise, and thus that no one who lacks the ability to do otherwise is responsible or blameworthy for his or her actions in an important sense. Interestingly, a parallel argument concluding that people are not responsible or praiseworthy if they lack the ability to do otherwise is not as compelling. Watson, (...) recently, offers in its stead an 'interpersonal' argument that appeals to a distributive notion of unfairness to conclude that praiseworthy actions, too, require the ability to do otherwise. I argue that this argument does not succeed. At this point, it seems that we have support for an asymmetrical treatment of blameworthy and praiseworthy actions. However, I conclude that while such an asymmetrical treatment may ultimately be correct, there is reason to doubt that considerations of fairness of sanction and reward support an asymmetry as well as an appeal to the 'ought-implies-can' principle. (shrink)

Oatley's discussion of “resentment” in Othello works with an unfortunately impoverished notion of resentment, and the narrative of emergence and unfolding that he offers suffers from it. As explicated by Bishop Butler, John Rawls, and other philosophers, resentment rests on moral claims and is to be distinguished on that basis from envy and Nietzschean ressentiment. W. H. Auden, in “The Joker in the Pack,” provides more persuasive insight into the dark destructive malicious envy that motivates Iago. Such destructive aims are (...) as characteristic of humans as “relational goals,” and must be attended to if we are to learn from literature about ourselves. (shrink)

This paper explores mourning and forgiveness not simply as sources of existential, political, or emotional meaning, but primarily as possible sites of reconciliation pedagogies . Reconciliation pedagogies are public and school pedagogical practices that examine how certain ideas can enrich our thinking and action toward reconciliation—not through a moralistic agenda but through an approach that views such ideas both constructively and critically. Mourning and forgiveness may constitute valuable points of departure for reconciliation pedagogies, if common pain is acknowledged as an (...) important aspect of rehumanizing the “enemy-other.” This work is difficult and the wider society may be skeptical; however, such work is about assisting a “never again” mentality develop in schools and civil society. (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)

One account of forgiveness claims that to forgive is to forbear punishment. Call this the Punishment-Forbearance Account of forgiveness. In this paper I argue that forbearing punishment is neither necessary nor sufficient for forgiveness.

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)

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)

Medical errors are all too common. Ever since a report issued by the Institute of Medicine raised awareness of this unfortunate reality, an emerging theme has gained prominence in the literature on medical error. Fears of blame and punishment, it is often claimed, allow errors to remain undisclosed. Accordingly, modern healthcare must shift away from blame towards a culture of safety in order to effectively reduce the occurrence of error. Against this shift, I argue that it would serve the medical (...) community well to retain notions of individual responsibility and blame in healthcare settings. In particular, expressions of moral emotions—such as guilt, regret and remorse—appear to play an important role in the process of disclosing harmful errors to patients and families. While such self-blaming responses can have negative psychological effects on the individual practitioner, those who take the blame are in the best position to offer apologies and show that mistakes are being taken seriously, thereby allowing harmed patients and families to move forward in the wake of medical error. (shrink)

It is common to think that we would be morally better people if we never felt envy. Recently, some philosophers have rejected this conclusion by arguing that envy can often be directed toward unfairness or inequality. As such, they conclude that we should not suppress our feelings of envy. I argue, however, that these defenses only show that envy is sometimes morally permissible. In order to show that we would not be better off without envy, we must show how envy (...) is not merely morally permissible, but morally valuable. Here I provide a defense of envy's moral value. I argue that feelings of envy are integral to the value that moral agents place on the goods and talents that they judge to be central to a worthwhile life. (shrink)

The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of guilt that child (...) soldiers experience are not self-censure; rather their guilt arises from their attempts to come to terms with what they see as their own morally ambiguous motives. Their guilt is appropriate because it reaffirms their commitment to morality and facilitates their self-forgiveness. (shrink)

I start by presenting an intuitively appealing account of forgiveness, ‘the insult account’, which nicely explains the cycle from wrongdoing to forgiveness. We need to respond to wrongdoing by blaming our offenders because they insult us with their actions, 529–55, 2001; Hampton 1988a, b). How can wrongdoing be overcome? Either by the retraction of the insult or by taking necessary steps to correct for the wrong done. Once the insult has been retracted, usually by apology or remorse, forgiveness can come (...) about. Martin The Journal of Philosophy, 107, 534–53, has recently criticized this promising account of forgiveness. My aim here is to defend an improved version of the ‘insult account’. I propose an account of earned forgiveness through apology, which shares features with the ‘insult account’ criticized by Martin, but also improves upon problems found in the ‘insult account’. This new account will successfully solve the puzzle of forgiveness. Drawing on Bovens’ account of apologies, I argue that apologies uniquely earn the wrongdoer’s forgiveness. I finally address a concern about the relation between apologies and forgiveness, recently raised by Hallich Ethical Theory and Moral Practice, 16, 999–1017,. I argue that my expressive view of what the function of apologies is will answer his skepticism about apologies. (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)

This paper explores the relationship between our interpretations of another's actions and our readiness to forgive. It begins by articulating an account of forgiveness drawn from the New Testament. It then employs the work of Schleiermacher, Dilthey, and Gadamer to investigate ways in which our interpretations of an act or agent can promote or prevent such forgiveness. It concludes with a discussion of some ethical restrictions that may pertain to the interpretation of actions or agents as opposed to utterances and (...) a look at the significance of these restrictions for forgiveness-promoting interpretation. (shrink)

According to the Fittingness Defense, even if the consequences of anger are overall bad, it does not follow that we should aim to avoid it. This is because fitting anger involves an accurate appraisal of wrongdoing and is essential for appreciating injustice and signaling our disapproval. My aim in this paper is to show that the Fittingness Defense fails. While accurate appraisals are prima facie rational and justified on epistemic grounds, I argue that this type of fittingness does not vindicate (...) anger because there are alternative modes of recognizing and appreciating wrongdoing that can generate the benefits of anger without the harmful effects. Moreover, anger involves more than its appraisal of wrongdoing—it also consists of attitudes and motivations that are arguably of intrinsic disvalue. (shrink)

To understand human emotions we need, alongside appraisal, the concept of emergence (derivation from the expectations of relationships) and the concept of unfolding (of sequences that can be expressed as narratives). These processes can be seen in resentment, which has not been studied extensively in psychology. It is associated with envy, and it can be thought of as a kind of destructive anger. Such issues can be studied in works of literature: simulations of the social world in which emotions can (...) be experienced by means of empathy. Shakespeare's Othello enables us to understand the emergence and unfolding of resentment in Iago, who is passed over for promotion and improvises a plan to destroy Othello. Iago's resentment is difficult to empathize with, and the play raises the question of whether we need to recognize in ourselves the capacity for reprehensible emotions. (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)

This article seeks to contest the frequently repeated assertion that anger poses the greatest threat to transitional societies moving from authoritarianism to democracy. Against suggestions that victims of past injustices should forswear their `negative emotions' lest they spark a renewed cycle of violence, it argues that it is important to recognize the moral legitimacy of their anger. While anger is notoriously vulnerable to excess and needs to be moderated in reference to shared norms of reasonableness, it represents an appropriate response (...) to wilful harm and needs to be afforded a central role in any conception of justice. (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)

Minimizing the costs that others impose upon oneself and upon those in whom one has a fitness stake, such as kin and allies, is a key adaptive problem for many organisms. Our ancestors regularly faced such adaptive problems. One solution to this problem is to impose retaliatory costs on an aggressor so that the aggressor and other observers will lower their estimates of the net benefits to be gained from exploiting the retaliator in the future. We posit that humans have (...) an evolved cognitive system that implements this strategy which we conceptualize as a revenge system. The revenge system produces a second adaptive problem: losing downstream gains from the individual on whom retaliatory costs have been imposed. We posit, consequently, a subsidiary computational system designed to restore particular relationships after cost-imposing interactions by inhibiting revenge and motivating behaviors that signal benevolence for the harmdoer. The operation of these systems depends on estimating the risk of future exploitation by the harmdoer and the expected future value of the relationship with the harmdoer. We review empirical evidence regarding the operation of these systems, discuss the causes of cultural and individual differences in their outputs, and sketch their computational architecture. (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)

I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...) practice’s amounting to mercy lends it justificatory support, while its qualifying as mercy under certain morally neutral definitions provides no basis for considering it justified. (shrink)

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)

Most philosophers who discuss the value of forgiveness concentrate on its moral value. This paper focuses on the prudential value of forgiveness, which has been surprisingly neglected by moral philosophers. I suggest that this may be because part of the concept of forgiveness involves the forgiver being motivated by moral rather than prudential considerations. But this does not justify neglecting the prudential value of forgiveness, which is important even though forgivers should not be prudentially motivated. Forgiveness helps satisfy interests arising (...) from the need for co-operation in such areas as epistemic life, where humans are interdependent. Forgiveness can restore epistemic relationships, and this has the prudential value of helping agents navigate their way through their environment. While the prudential value of forgiveness may be supplementary to its moral value, it would be a mistake to ignore this area of the debate. Exploring the prudential value of forgiveness enriches our understanding of the role that this practice plays in human life, and may contribute to explaining the origin of forgiveness. (shrink)

Journal of Philosophy of Education, EarlyView.

ABSTRACTThe purpose of my paper is to determine the consequences of including an education for forgiveness in the context of developing prudence. I aim to answer two questions: what is prudent forgiveness; what constitutes education for prudent forgiveness? I present my analyses in six parts. After introduction, I point to the advantages and doubts concerning forgiveness. Then, I present prudence as a basic virtue guiding human actions. I draw mainly on the approach proposed by Thomas Aquinas, who argued that prudence (...) refers to the perfection of the command. The fourth part addresses the question of the mechanisms of prudent forgiveness. I note that a decision to forgive cannot be made in haste; that it is a decision concerning some good that the victim wants to attain in the future; finally, that forgiveness is prudent in its achievement. In the last part, I transfer prior analyses to the pedagogical level. (shrink)

Traditionally, transitional justice has referred to that field of theoretical scholarship that proffers recuperative strategies for political societies divided by a history of violence. Through the establishment of truth commissions, public confessionals and reparative measures, transitional justice regimes have sought to establish restorative conditions that might help reconcile historical antagonists both to each other and to the trauma of their shared past. Because of some of the theoretical lapses in this scholarship some have turned recently to the field of radical (...) democratic and ‘new pluralist’ thought – and especially to agonistic literature – to foreground a theory of post-conflict reconciliation based not on the principles of the sublimation of difference, but rather the perpetual deferral of accord. This essay works both to underscore that effort, as well as to problematize it. Through unorthodox readings of Giorgio Agamben, Jean Améry and Sheldon Wolin, the essay argues that an emphasis on messianicity as the temporal mode of political repair is ultimately less productive for what I call an agonistics of reconciliation than a more nuanced approach to what Wolin calls ‘fugitive democracy’. Where the former is allied with a problematic politics of mutual respect, the latter affirms a more germane politics of abiding resentment. In the end, a startling conclusion is drawn from reading agonistic reconciliation through Wolin: democracy may be a political experience reserved for scenes of transitional justice alone. (shrink)

Are we justified in keeping the demented in prison for crimes they committed when they were still healthy? The answer to this question is an issue of considerable practical importance. The problem arises in cases where very aged criminals exhibit symptoms of dementia while serving their sentence. In these cases, one may wonder whether lodging these criminals in penal institutions rather than in normal caretaking facilities is justifiable. In this paper, I argue that there are justificatory reasons for punishing the (...) demented for their past crimes. In part 2, I examine three theories of punishment—retributivism, prevention theories and expressivism—with regard to the question of whether they provide justificatory reasons for punishing the demented. I argue that only expressivism provides these reasons. In part 3, I defend the view that expressivism, though not convincing as a general theory of punishment, is plausible if applied only to a specific subclass of punitive actions. More precisely, expressivism, or so I argue, is plausible with regard to those acts of punishment that consist in intending to inflict suffering without actually inflicting suffering. Since the punishment of demented patients falls within this class, it can be justified on an expressivist basis. In part 4, I discuss six objections to my view and rebut them. (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)

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.

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)

Recent work on blameworthiness has prominently featured discussions of guilt. The philosophers who develop guilt-based views of blameworthiness do an excellent job of attending to the evaluative and affective features of feeling guilty. However, these philosophers have been less attentive to guilt’s characteristic action tendencies and the role admissions of guilt play in our blaming practices. This paper focuses on the nature of guilty confession and argues that it illuminates an important function of blame that has been overlooked in the (...) recent work on guilt as it relates to blameworthiness: Blame can communicate respect. (shrink)

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes punitive disavowal (...) but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)