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)

Good reasons to forgive typically divorce act from agent so that there is nothing in the agent to be forgiven. Forgiving on the basis of good reasons that show the wrongdoer deserves forgiveness is thus minimalist because nonelective. Genuine, or aspirational, forgiveness requires forgiving agents for unexcused, unjustified, and unrepented wrongdoing. The primary obstacle to aspirational forgiveness is that we cannot make sense of persons choosing evil. This essay suggests a way of rendering the choice of evil intelligible and thus (...) of achieving aspirational forgiveness. (shrink)

Aurel Kolnai; VI*—Forgiveness, Proceedings of the Aristotelian Society, Volume 74, Issue 1, 1 June 1974, Pages 91–106, https://doi.org/10.1093/aristotelian/74.1.

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...) and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

Amnesty in the context of national reconciliation involves waiving or cancelling the punishment of convicted or suspected criminals in the name of peace. We can distinguish three positions: amnesty is wrong because it is unjust; amnesty is unjust, but necessary; and amnesty is just because it expresses forgiveness. The third position sounds promising. However, it assumes that when we forgive, we can justifiably waive or cancel the need for punishment. I argue that only punishment that expresses repentance and atonement brings (...) about true reconciliation between the wrongdoer and the rest of the community. If we forgive in the absence of repentance and atonement, we restore our relationship with the wrongdoer, but in doing so ignore the way the wrongdoing conditions the relationship. An adequate, properly reconciled relationship can only be forged on the basis of some agreement on fundamental values, and that requires a change of heart from the wrongdoer. Forgiveness cannot properly be conceived as cancelling the need for repentance, atonement and punishment. (shrink)

This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy (...) indeed are moral virtues, what role, if any, should they play in the law? (shrink)