Modern theory of punishment conflates two types of question. The first concerns the justification of state punishment, the second the moral damage that occurs when a person is violated, and how the resulting damage can be repaired. The first question leads to political theory and a particular legally based moral grammar of wrongdoing and punishment. The second goes in the direction of a different moral psychology involving a grammar of violation, grieving and reconciliation. Retrieving the young Hegel’s analysis takes us (...) in the second direction. It provides a critical vantage point from which to view the dominant liberal political theory, including Hegel’s own mature position as a founder of retributive theory. The modern theory of state punishment is legitimated by its public association with a moral psychology of violation, which it at the same time suppresses in favour of its own very different moral grammar. (shrink)

ABSTRACTThis essay considers the nature of mourning and melancholia in light of Patrizio Guzman’s film, Nostalgia for the Light. It examines the position of three women dealing with the aftermath o...

This essay considers how we talk in moral terms about crime and punishment using a framework that comes from psychoanalysis. The idea of the human as a metaphysical animal, an animal that thinks and loves, is given a naturalistic explanation in Freudian metapsychology as it was developed by Melanie Klein and Hans Loewald. While the former helps us understand the desire to punish as the enjoyable return of pain for pain, the latter indicates how mature human beings seek to pursue (...) a sense of wholeness. This understanding of moral psychology is applied to thinking about criminal justice where three ethical stances are identified, the vindictive, the vindicative and the validatory. The vindictive and the vindicative represent a compromise formation in law which excludes a broader validatory process aimed at truthful human reconciliation. (shrink)

How does the human animal who thinks and loves relate to criminal justice? This essay takes up the idea of a moral psychology of guilt promoted by Bernard Williams and Herbert Morris. Against modern liberal society’s ‘peculiar’ legal morality of voluntary responsibility, it pursues Morris’s ethical account of guilt as involving atonement and identification with others. Thinking of guilt in line with Morris, and linking it with the idea of moral psychology, takes the essay to Freud’s metapsychology in Civilization and (...) Its Discontents. Two conflicting routes to guilt are noted in Freud, one involving internalisation of external anger to suppress destructive instincts, the other loving identification with others in the process of self-formation. This second route is developed through the psychoanalytic thought of Hans Loewald and Jonathan Lear. Following Loewald, the moral psychology of self-formation makes loving identification with others the root of responsibility, guilt and atonement. Following Lear, the moral psychology of guilt developed on these lines renders psychoanalysis part of a broadly understood philosophical project following Aristotelian and Socratic principles. Underlying Morris’s account of guilt is the possibility of ‘prospective identification’, understood as the moral and psychological ground of guilt and reconciliation. This is the rational core of criminal justice, which maintains an uneasy relationship with law’s ‘peculiar’ morality. (shrink)

This paper reports an empirical study on moral reasoning. It seeks to answer two questions: in the moral framing of tourism matters, what does this reasoning consist of? How are these elements mobilized by actors to reach moral pronouncement(s)? Through the means of group interviews, abduction and retroduction, this study finds that moral muteness (i.e. silence to socially unacceptable conduct) seems to be the moral pronouncement that the participants are likely to conduct in a condition whereby the social and cultural (...) systems being perceived insufficient to protect individuals who pursue a righteous action. The analysis reveals that (1) moral template, reflexivity, self-efficacy and emotions are constitutive elements of moral agency; (2) these agential properties permit the emergence of four moral reasoning processes, which explain moral muteness. (shrink)

This article critiques conspicuous displays of morality within public discourse, recently framed as ‘moral grandstanding’, from the perspective of an intersubjective Critical Realist theory of ethics. Drawing on Honneth’s recognition theory as the basis of a ‘qualified explanatory critique’, I argue that these practices are not mere aberrations within moral discourse, but a necessary consequence of the neoliberal imperative to turn all aspects of the self into market assets. Neoliberal commodity fetishism also and especially involves the commodification of moral character (...) as a means of economic competition, as exemplified in recent discussions of ‘ethical capital’. This objectification categorically precludes intersubjectivity as the basis of ethical life, and produces a cognitive structure resembling narcissistic pathology, characterized by the pervasive objectification of self and other. Critical Realists should therefore reject moral grandstanding not only for its detrimental effects on public discourse, but because in subordinating morality to the market, it is fundamentally anti-ethical. (shrink)