In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he (...) offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it. (shrink)

Nearly everyone has wronged another. Who among us has not longed to be forgiven? Who has not struggled to forgive? Charles Griswold has written the first comprehensive philosophical book on forgiveness in both its interpersonal and political contexts, as well as its relation to reconciliation. Having examined the place of forgiveness in ancient philosophy and in modern thought, he discusses what forgiveness is, what conditions the parties to it must meet, its relation to revenge and hatred, when it is permissible (...) and whether it is obligatory, and why it is a virtue. Griswold argues that forgiveness is inappropriate in politics, and analyzes the nature and limits of political apology with reference to historical examples. The book concludes with an examination of the relation between memory, narrative, and truth. (shrink)

I have argued that forgiveness paradigmatically involves overcoming moral anger, of which resentment is the central case. I have argued, as well, that forgiveness may involve overcoming any form of anger so long as the belief that you have been wrongfully harmed is partially constitutive of it, and that overcoming other negative emotions caused by a wrongdoer's misdeed may, given appropriate qualifications, count as forgiveness. Those qualifications indicate, however, significant differences between moral anger and other negative emotions; differences which must (...) be taken into account when determining whether overcoming negative emotions other than moral anger count as forgiveness. I have proposed, too, that forgiveness requires neither overcoming all negative feelings nor the judgment that the offender is a wrongdoer. (shrink)

'A thorough examination of the nature and value of forgiveness....This book stays close to its subject matter and moves within a tight focus. It is well written and thoroughly researched.'.

In this book Michael McKenna advances a new theory of moral responsibility, one that builds upon the work of P.F. Strawson.

What is forgiveness? When is it appropriate? Is it to be earned or can it be freely given? Is it a passion we cannot control, or something we choose to do? Glen Pettigrove explores the relationship between forgiving, understanding, and loving. He examines the significance of character for the debate, and revives the long-neglected virtue of grace.

Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...) fruitful way of understanding punishment's meaning and justification. Duff addresses such questions as how much sentences should be constrained by proportionality requirements; what modalities of punishment best communicate their intended meaning; and what decisionmaking procedures he envisions. This book will appeal to criminologists, philosophers, and others interested in theories of punishment. (shrink)

Part I: Building blocks. 1. Folk convictions -- 2. Doubts about libertarianism -- 3. Nihilism and revisionism -- 4. Building a better theory -- Part II. A theory of moral responsibility. 5. The primacy of reasons -- 6. Justifying the practice -- 7. Responsible agency -- 8. Blame and desert -- 9. History and manipulation --10. Some conclusions.

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.

Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...) age.” This defense Traps disavows with indignation and anger. He makes claim to the murder as his and demands the prescribed punishment—death. (shrink)

Philosophers often claim that forgiveness is a paradoxical phenomenon. I here examine two of the most widespread ways of dealing with the paradoxical nature of forgiveness. One of these ways, emblematized by Aurel Kolnai, seeks to resolve the paradox by appealing to the idea of repentance. Somehow, if a wrongdoer repents, then forgiving her is no longer paradoxical. I argue that this influential position faces more problems than it solves. The other way to approach the paradox, exemplified here by the (...) work of Jacques Derrida, is just too obscure to be by itself helpful. Yet, I argue that what I take to be its spirit is on the right track. I recommend distinguishing between the definition and the justification of forgiveness, and also between forgiveness understood as a mental phenomenon and an overt, communicative act. These distinctions are not given their due in the specialized literature, and I expose the nefarious consequences of this neglect. By focusing on forgiveness as a mental phenomenon I seek to analyze the root of the talk of paradoxes which surrounds the discussion of forgiveness. Finally, I present an analysis of forgiveness as a pure mental phenomenon, and argue that this analysis is the most important step in understanding forgiveness in any other sense. While my analysis reveals interesting aspects of forgiveness, it reveals, too, that forgiveness is not quite as paradoxical after all. (shrink)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

In this book, Russell examines Hume's notion of free will and moral responsibility. It is widely held that Hume presents us with a classic statement of a compatibilist position--that freedom and responsibility can be reconciled with causation and, indeed, actually require it. Russell argues that this is a distortion of Hume's view, because it overlooks the crucial role of moral sentiment in Hume's picture of human nature. Hume was concerned to describe the regular mechanisms which generate moral sentiments such as (...) responsibility, and Russell argues that his conception of free will must be interprted within this naturalistic framework. He goes on to discuss Hume's views about the nature and character of moral sentiment; the extent to which we have control over our moral character; and the justification of punishment. Throughout, Russell argues that the naturalistic avenue of interpretation of Hume's thought, far from draining it of its contemporary interest and significance, reveals it to be of great relevance to the ongoing contemporary debate - particuarly in relation to the views of P.F. Strawson and his influential paper "Freedom and Resentment". (shrink)

In The Realm of Rights Judith Thomson provides a full-scale, systematic theory of human and social rights, bringing out what in general makes an attribution of ...

According to how we treat others, we acquire merit or guilt, deserve praise or blame, and receive reward or punishment, looking in the end for atonement. In this study distinguished theological philosopher Richard Swinburne examines how these moral concepts apply to humans in their dealings with each other, and analyzes these findings, determining which versions of traditional Christian doctrines--sin and original sin, redemption, sanctification, and heaven and hell--are considered morally acceptable.

R. Jay Wallace argues in this book that moral accountability hinges on questions of fairness: When is it fair to hold people morally responsible for what they do? Would it be fair to do so even in a deterministic world? To answer these questions, we need to understand what we are doing when we hold people morally responsible, a stance that Wallace connects with a central class of moral sentiments, those of resentment, indignation, and guilt. To hold someone responsible, he (...) argues, is to be subject to these reactive emotions in one's dealings with that person. Developing this theme with unusual sophistication, he offers a new interpretation of the reactive emotions and traces their role in our practices of blame and moral sanction. With this account in place, Wallace advances a powerful and sustained argument against the common view that accountability requires freedom of will. Instead, he maintains, the fairness of holding people responsible depends on their rational competence: the power to grasp moral reasons and to control their behavior accordingly. He shows how these forms of rational competence are compatible with determinism. At the same time, giving serious consideration to incompatibilist concerns, Wallace develops a compelling diagnosis of the common assumption that freedom is necessary for responsibility. Rigorously argued, eminently readable, this book touches on issues of broad concern to philosophers, legal theorists, political scientists, and anyone with an interest in the nature and limits of responsibility. (shrink)

The doyen of living English philosophers, by these reflections, took hold of and changed the outlook of a good many other philosophers, if not quite enough. He did so, essentially, by assuming that talk of freedom and responsibility is talk not of facts or truths, in a certain sense, but of our attitudes. His more explicit concern was to look again at the question of whether determinism and freedom are consistent with one another -- by shifting attention to certain personal (...) rather than moral attitudes, first of all gratitude and resentment. In the end, he arrived at a kind of Compatibilist or, as he says, Optimist conclusion. That is no doubt a recommendation but not the largest recommendation of this splendidly rich piece of philosophy. (shrink)

Responsibility and the Moral Sentiments offers an account of moral responsibility. It addresses the question: what are the forms of capacity or ability that render us morally accountable for the things we do? A traditional answer has it that the conditions of moral responsibility include freedom of the will, where this in turn involves the availability of robust alternative possibilities. I reject this answer, arguing that the conditions of moral responsibility do not include any condition of alternative possibilities. In the (...) terms that have become familiar, the book thus defends a compatibilist account of moral responsibility. (shrink)

I have no comment to make on the aesthetic merits of these verses. I have put them at the head of my discussion because they happen to introduce a cluster of concepts connected with forgiveness: pride, love, hate, God, friendship, goodwill, eternity, offence, condemnation, resentment, blame. We may think that some, but not all, of these have essential connections with the concept in which we are interested. And we may, of course, think that the list is incomplete. Other obvious candidates (...) spring to mind: pity, for example, repentance, compassion, punishment and pardoning. (shrink)

In his paper, “The Paradox of Forgiveness“ (this Journal 6 (2009), p. 365-393), Leo Zaibert defends the novel and interesting claim that to forgive is deliberately to refuse to punish. I argue that this is mistaken.

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)

In this book Michael McKenna advances a new theory of moral responsibility, one that builds upon the work of P. F. Strawson. As McKenna demonstrates, moral responsibility can be explained on analogy with a conversation. The relation between a morally responsible agent and those who hold her morally responsible is similar to the relation between a speaker and her audience. A responsible agent's actions are bearers of meaning--agent meaning--just as a speaker's utterances are bearers of speaker meaning. Agent meaning is (...) a function of the moral quality of the will with which the agent acts. Those who hold an agent morally responsible for what she does do so by responding to her as if in a conversation. By responding with certain morally reactive attitudes, such as resentment or indignation, they thereby communicate their regard for the meaning taken to be revealed in that agent's actions. It is then open for the agent held responsible to respond to those holding her responsible by offering an apology, a justification, an excuse, or some other response, thereby extending the evolving conversational exchange.The conversational theory of moral responsibility that McKenna develops here accepts two features of Strawson's theory: that moral responsibility is essentially interpersonal--so that being responsible must be understood by reference to the nature of holding responsible--and that the moral emotions are central to holding responsible. While upholding these two aspects of Strawson's theory, McKenna's theory rejects a further Strawsonian thesis, which is that holding morally responsible is more fundamental or basic than being morally responsible. On the conversational theory, the conditions for holding responsible are dependent on the nature of the agent who is responsible. So holding responsible cannot be more basic than being responsible. Nevertheless, the nature of the agent who is morally responsible is to be understood in terms of sensitivity to those who would make moral demands of her, thereby holding her responsible. Being responsible is therefore also dependent on holding responsible. Thus, neither being nor holding morally responsible is more basic than the other. They are mutually dependent. (shrink)

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)

I have argued that forgiveness paradigmatically involves overcoming moral anger, of which resentment is the central case. I have argued, as well, that forgiveness may involve overcoming any form of anger so long as the belief that you have been wrongfully harmed is partially constitutive of it, and that overcoming other negative emotions caused by a wrongdoer's misdeed may, given appropriate qualifications, count as forgiveness. Those qualifications indicate, however, significant differences between moral anger and other negative emotions; differences which must (...) be taken into account when determining whether overcoming negative emotions other than moral anger count as forgiveness. I have proposed, too, that forgiveness requires neither overcoming all negative feelings (other than moral anger) nor the judgment that the offender is a wrongdoer.I must acknowledge that my analysis is incomplete, focusing as it does on the forgiver rather than on the person forgiven. After all, there are two sides to forgiveness. Not all forgiving involves a struggle to overcome negative feelings; sometimes it is a social transaction of a more casual sort that is effected by the simple speech act “I forgive you.” My analysis is incomplete insofar as it treats exclusively of forgiveness as a process and fails to offer an analysis of forgiveness as an act. Finally, a complete theory of forgiveness requires an account of the conditions under which forgiveness qualifies as a moral virtue, and such an account is beyond the scope of this essay. Though I have not offered a complete theory of forgiveness, my effort to clarify a dimension of what is involved in a common type of forgiveness may clear the way for answering related questions about it, and thereby lead to a fuller account of forgiveness as a moral phenomenon. (shrink)