Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise doubts about (...) Shelby’s proposed resolution. So long as punishment is widely and reasonably understood to condemn crime, Shelby’s proposal does not resolve the dilemma. Moreover, there is reason to think the blaming aspect of punishment plays a role in the justification of its hard treatment. I conclude by considering some other ways out of the dilemma, focusing especially on how the United States might take responsibility for its complicity. (shrink)

The article examines the political challenge and significance of forgiveness as an indispensable response to the inherently imperfect and tragic nature of political life through the lens of the existential, narrative-inspired judging sensibility. While the political significance of forgiveness has been broadly recognized in transitional justice and reconciliation contexts, the question of its importance and appropriateness in the wake of grave injustice and suffering has commonly been approached through constructing a self-centred, rule-based framework, defining forgiveness in terms of a moral (...) duty or virtue. Reliant on a set of prefabricated moral standards, however, this approach risks abstracting from the historical, situated condition of human political existence and thus arguably stands at a remove from the very quandaries and imperfections of the political world, which it purports to address. Against this background, this article draws on Albert Camus’s and Hannah Arendt’s aesthetic, worldly judging sensibility and its ability to kindle the process of coming to terms with the absurd, and perhaps unforgivable character of reality after evil. As an aptitude to engage the world in its particularity, plurality and contingency rather than seeking to subdue and tame it under prefabricated standards of thought, namely, worldly judgement is able to reveal how past tragedies have arisen from the ambiguity of human engagement in the world and thereby also elicit the distinctly human capacities of beginning anew and resisting such actions in the future. As such, I suggest, it is well-suited to bring into clearer focus and confront the main political challenge and significance of forgiveness: how to acknowledge the seriousness of the wrongs committed, yet also enable the possibility of a new beginning and restore among former enemies the sense of responsibility for the shared world. (shrink)