The emotions of shame and guilt have recently appeared in debates concerning legal punishment, in particular in the context of so called shaming and guilting penalties. The bulk of the discussion, however, has focussed on the justification of such penalties. The focus of this article is broader than that. My aim is to offer an analysis of the concept of legal punishment that sheds light on the possible connections between punishing practices such as shaming and guilting penalties, on the one (...) hand, and emotions such as guilt, shame, and perhaps humiliation, on the other. I␣contend that this analysis enhances our understanding of the various theories of punishment that populate this part of criminal law theory and thereby sharpens the critical tools needed to assess them. My general conclusion is that, in different ways, all of the theories we encounter in this area can benefit from paying renewed attention to the nature of the connection between the state’s act of punishing and its expected or perceived emotional effect on the individual. (shrink)

In these essays, John Skorupski develops a distinctive and systematic moral philosophy. He examines the central ethical concepts of reasons, the good, and morality, and applies the results to issues of culture and politics. Ethical Explorations firmly connects liberal politics to its ethical ideal, and links that ideal to modern morality and modern ideas of the good.

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often rely on (...) appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)

It is often claimed that emotions are linked to formal objects. But what are formal objects? What roles do they play? According to some philosophers, formal objects are axiological properties which individuate emotions, make them intelligible and give their correctness conditions. In this paper, I evaluate these claims in order to answer the above questions. I first give reasons to doubt the thesis that formal objects individuate emotions. Second, I distinguish different ways in which emotions are intelligible and argue that (...) philosophers are wrong in claiming that emotions only make sense when they are based on prior sources of axiological information. Third, I investigate how issues of intelligibility connect with the correctness conditions of emotions. I defend a theory according to which emotions do not respond to axiological information, but to non-axiological reasons. According to this theory, we can allocate fundamental roles to the formal objects of emotions while dispensing with the problematic features of other theories. (shrink)

What are 'emotions'? This book offers a balanced survey of facts and theory.

James Fitzjames Stephens argues against the philosophical and social views advanced by John Stuart Mill: for the author, Mill's ideas of equality, utilitarianism and freedom were anathema. The attitudes expressed by Stephens were unpopular at the time of publication: his arguments against the notions of democracy and freedom are rooted in traditionalism, in a time of great - and arguably irreversible - upheaval. Many of the criticisms against liberty, in particular its deleterious potential upon morals, accurately predict the liberalization of (...) Western societies during the 20th century. Stephens other opinions, such as his opposition to women's rights, have been firmly consigned to history. While Stephens, and other thinkers like him, would fall out of favor, this work provides a stunning summation of contrarian arguments. Stephens was a conservatively-minded member of the British judiciary whose views closely correspond with elements of old-fashioned Toryism. (shrink)

Philosophers often call emotions appropriate or inappropriate. What is meant by such talk? In one sense, explicated in this paper, to call an emotion appropriate is to say that the emotion is fitting: it accurately presents its object as having certain evaluative features. For instance, envy might be thought appropriate when one’s rival has something good which one lacks. But someone might grant that a circumstance has these features, yet deny that envy is appropriate, on the grounds that it is (...) wrong to be envious. These two senses of ‘appropriate’ have much less in common than philosophers have supposed. Indeed, the distinction between propriety and correctness is crucial to understanding the distinctive role of the emotions in ethics. We argue here that an emotion can be fitting despite being wrong to feel, and that various philosophical arguments are guilty of a systematic error which we term the moralistic fallacy. (shrink)

How many serious mistakes can a brilliant philosopher make in a single paragraph? Many think that Mill answers this question by example—in the third paragraph of Chapter IV of Utilitarianism. Here is the notorious paragraph: The only proof capable of being given that an object is visible, is that people actually see it. The only proof that a sound is audible, is that people hear it: and so of the other sources of our experience. In like manner, I apprehend, the (...) sole evidence it is possible to produce that anything is desirable, is that people do actually desire it. If the end which the utilitarian doctrine proposes to itself were not, in theory and in practice, acknowledged to be an end, nothing could ever convince any person that it was so. No reason can be given why the general happiness is desirable, except that each person, so far as he believes it to be attainable, desires his own happiness. This, however, being a fact, we have not only all the proof which the case admits of, but all which it is possible to require, that happiness is a good: that each person's happiness is a good to that person, and the general happiness, therefore, a good to the aggregate of all persons. Happiness has made out its title as one of the ends of conduct, and consequently one of the criteria of morality. (shrink)

This leading anthology contains legal cases and essays written by the best scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. This classic text is distinguished by its clarity, readability, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly-edited or untouched classics. This revision is marked by inclusion of many articles relevant to womens issues and a greater (...) emphasis on concrete legal problems. (shrink)

What is Justice? Classic and Contemporary Readings, 2/e, brings together many of the most prominent and influential writings on the topic of justice, providing an exceptionally comprehensive introduction to the subject. It places special emphasis on "social contract" theories of justice, both ancient and modern, culminating in the monumental work of John Rawls and various responses to his work. It also deals with questions of retributive justice and punishment, topics that are often excluded from other volumes on justice. This new (...) edition features expanded and updated readings on justice and punishment and includes more recent responses to John Rawls's work. Part One of the book features selections from classical sources including Homer, Plato, Aristotle, Aquinas, and Mencius, as well as excerpts from the Bible and the Koran. Part Two provides readings on the state of nature and the social contract, from Hobbes and Locke to Rawls, Nozick, Gauthier, and Baier. Part Three includes the Declaration of Independence and Amendments to the U.S. Constitution in addition to selections on property and social justice by Locke, Hume, Adam Smith, Engels, Marx, Mill, and several contemporary authors. Part Four offers a wide variety of readings on punishment, several of which address the death penalty. Part Five begins with selections from Rawls's work and includes responses from Dworkin, Nagel, Nozick, MacIntyre, Sandel, Walzer, Okin, and Rawls himself. Each selection is preceded by a brief introduction and each of the five parts opens with an introduction. The volume is further enhanced by a general introduction and an updated and extensive bibliography. Ideal for a wide variety of courses including social and political philosophy, ethics, philosophy of law, and contemporary moral problems, What Is Justice?, 2/e, does not assume any philosophical or specialized background. It is also engaging reading for anyone interested in justice. (shrink)

Retributive accounts of the justification of criminal punishment are increasingly fashionable, yet their proponents frequently rely more on suggestive metaphor than on reasoned explanation. This article seeks to question whether any such coherent explanations are possible. I briefly sketch some general doubts about the validity of retributivist views and then critique three recent efforts (by George Sher, Jean Hampton, and Michael Moore) to put retributivism on a sound basis.

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)