In this brief dialogue I consider the humanity and morality of the doctrine of eternal punishment.

We discuss the philosophical problems attendant to the justice of eternal punishments in Hell, particularly those portrayed in Dante’s Inferno. We conclude that, under Dante’s description, a unique version of the problem of Hell (and Heaven) can be posed.

This study argues for the historical existence of Jesus of Nazareth as a radical Jewish pacifist who angered both the orthodox religious establishment and those who advocated violent insurrection against the Romans. The author asserts that Jesus' views were based on belief in a non-retributive, omnibenevolent God, challenging not only the Mosaic Law but assumptions about eternal punishment and the divine sanction of the state and its retributive institutions of war and punishment. The volume also interprets Paul (...) as being the first Christian revisionist. As a result, orthodox Christianity, through the influence of Paul (and thus Augustine, Aquinas, Luther, and Calvin), has mistakenly promoted the "just war" and "divinely ordained state" doctrines in the name of a thinker whose conclusions were in the opposite direction. (shrink)

Much recent academic literature on the afterlife has been focused on the justice of eternity and whether a good God could allow a person to experience eternal suffering in Hell. Two primary escapes are typically suggested to justify never-ending punishment for sinners: the traditional view focuses the blame for an individual’s condemnation away from God onto the sinner’s freely chosen actions; the universalist position denies the eternality of the punishment on the grounds that God’s inescapable love and (...) eventual victory over evil will bring all souls into His presence. I propose a third option that hinges on the possibility of Heaven itself being experienced as eternal punishment to demonstrate that if God’s presence is both the blessedness of Heaven for some and the agony of Hell for others, then the biblical affirmation of the universal restoration of all with the eternal punishment of some need not remain paradoxical. (shrink)

This article explores the new meaning of suffering in the cosmological and ethical doctrine of eternal return in Nietzsche’s philosophy. The role of suffering is key to understanding why Nietzsche considered the eternal return «the great cultivating [or breeding] thought.» The eternal return transforms affectivity and selects new human values and ways of experiencing suffering, approving the «discipline of suffering» and condemning guilt, punishment, and resentment. The cultivating sense of the eternal return reconciles opposing forces (...) and emotions, such as joy and suffering, and brings to light the tragic insight of life. -/- Este artículo explora el nuevo significado que adquiere el sufrimiento a partir de la doctrina cosmológica y ética del eterno retorno en la filosofía de Nietzsche. El papel del sufrimiento nos permite comprender por qué Nietzsche consideraba el eterno retorno «el gran pensamiento criador». El eterno retorno opera una transformación de la afectividad y selecciona nuevos valores y modos de experimentar el sufrimiento, aprobando la «disciplina del sufrimiento» y condenando la culpa, el castigo y el resentimiento. El sentido cultivador del eterno retorno reconcilia fuerzas y emociones opuestas, como la alegría y el sufrimiento, y saca a la luz la visión trágica de la existencia. (shrink)

In Chapter 1 I discuss the basic problem which made me undertake the issue of human death. That problem was the dualism in the depiction of human nature which has not been fully overcome yet, the dualism which leads to the emergence of new difficulties in contemporary attempts at adequately solving the problem of human death. They include the separation of soul from the body in the moment of death, and the borderline between the moment of death and the moment (...) of resurrection. Chapter 2 is devoted to the presentation of a new anthropological perspective, of an anthropology build “from the bottom up”, that is “from foundations”, and taking into account man’s rooting in the biological environment, and thus also in the genetic heritage taken over from our pre-human ancestors. That anthropology brings new aspects into traditional anthropology by extending it to include new ways of explaining the genesis of the human body and spirit, and new depictions of man’s death. In Chapter 2 I will also present the concept of evolution proposed by P.T. de Chardin, which I appreciate for its comprehensive evolutionary perception of the world. This concept has provoked various responses, but it certainly provides a creative inspiration for further attempts at applying the idea of evolution to various issues. The general framework of the evolutionary model proposed by the French researcher turns out to be useful also when applied to the evolutionary understanding of human death. Chapter 3 contains a discussion of the principal premises of the evolutionary concept of human death taken from analyses carried out by T. Wojciechowski concerning the issue of time, space, and the structure of variable material beings. A being is variable because it has a temporal structure, and the changes that occur are the derivatives of that structure. The temporal structure may be seen as endless, in which a being, even though its existence had a beginning, will exist for ever. Material substance should not be seen statically, but in dynamic and evolutionary terms. In evolution, time becomes a driver of development, an element shaping and directing the evolution of the entire cosmos. Man’s substance has been made capable of two levels of being and acting: the spatial and temporal level, and the endless and immanent level. Together, they form the one essence of man. Thus, the human person is partially immersed in the material cosmos, and partially elevated above it. Chapter 4 presents the evolutionary approach to the moment of man’s death. The views of T. Wojciechowski will be presented in which the moment of death is seen as a moment of transformation and perfection of the structure of the essence of human existence. Furthermore, the issue of the relationship existing, according to T. Wojciechowski, between man’s death and resurrection will be discussed. Understood in evolutionary terms, the moment of death is the time when the structure of human existence is transformed. Death transfers man fully into eternity and enables his life on a higher level of existential being. The element of flesh is retained, but changes its nature. Such view of death allows it to be understood as the moment of resurrection and the culmination of the evolutionary process of life. Death is therefore an “invention” of the evolution and should be seen as a natural and positive phenomenon. At this point, I also propose a solution to the question about reconciliation between temporal and endless existence. In Chapter 5 I take up the issue of consequences flowing from the postulated understanding of human death. They have been pointed to by T. Wojciechowski, but need to be further developed and clarified. He believed two lines in man’s development need to be recognized: that of natural and that of supernatural evolution. Both have the same direction, while occurring on different planes. In each of these lines, death is a natural element of life, pre-planned and, so to say, “encoded” in the cosmic matter. Therefore, the treatment of biological death as the consequence of sin is not only contrary to the evolutionary understanding of life, but in addition artificially combines that which is natural with that which is supernatural. Man’s authentic experience of his own present is a condition of his achieving full existential perfection in the moment of this death. Full engagement in the present is, in a way, a harbinger of the future; thus, the life “here” and “there” may not be inherently inconsistent. In the light of the evolutionary concept, death is not a punishment, but the most positive experience of man’s life in that it enables him to achieve full existential perfection. Chapter 6 is devoted to a substantiation of the possibility of evolutionary transformation of the structure of human existence in the moment of death. An adequate cause needs to be identified which could substantiate that transformation and achievement of perfection. I believe an appropriate substantiation can be found in God’s creative act, interpreted in evolutionary terms. The process of evolution, with its subsequent stages, is only a necessary condition for that “transformation” and “elevation”. The sufficient condition is fulfilled by the continuous creative intervention of God. The concept of God’s creative activity in the moment of man’s death finds its continuation in Chapter 7, where I present a detailed analysis of God’s activity at the time of man’s death. The concept of God’s creative activity extended over the entire process of evolution makes it possible to consider the moment of death as the moment of man’s resurrection. The moment of death is thus a moment of creation in evolutionary terms. Thus, as long as man is related to temporal and spatial elements, his development, or creation, continues. Death is only the completion of the final stage of creation, which may be painful and evoke fear, but in fact should give hope, for it involves resurrection. I also propose that the creative act in the moment of man’s death-resurrection be considered a basic action of God, which explains the manner in which God’s activity is contained within the framework of the creative act, encompassing also the moment of death-resurrection. The final Chapter 8 describes a didactic model illustrating the concept proposed here. I use the analogy of white light dispersion effect in the prism, and compare the incident ray to the creative act, and the dispersed rays going through the prism to the line of man’s natural and supernatural evolution. This model also shows the difference in the perspectives from which the phenomenon of death is seen by God and by man. (shrink)

The problem of moral luck is that a general fact about luck and an intuitive moral principle jointly imply the following skeptical conclusion: human beings are morally responsible for at most a tiny fraction of each action. This skeptical conclusion threatens to undermine the claim that human beings deserve their respective eternal reward and punishment. But even if this restriction on moral responsibility is compatible with the doctrine of the final judgment, the quality of one’s afterlife within heaven (...) or hell still appears to be lucky. Utilizing recent responses to the problem of moral luck, I explore several Molinist accounts of the final judgment that resolve both theological problems of moral luck. Some of these accounts entirely eliminate moral luck while others ensure that the moral luck involved in the judgment is overall good luck. (DOWNLOAD the published version at the external link below.). (shrink)

In this article, I set out Suárez's conception of the demon's obstinacy. For Suárez, the demons’ obstinacy is a divine punishment. It is the result of the free and awful choice to turn away from God that the demons have decided to make, the main consequence of which is the loss of the freedom to will and to do the good. Taking up Aquinas’s conception, Suárez considers that the demonic nature is irredeemably corrupt and obstinate in evil. Demons are (...) provided only with a miserable freedom, consisting of the possibility to choose between different evils. Perpetually sinful and eternally constrained to remain so, they are condemned to wretchedness, to complacency in evil, and to the unremitting torments of hell. (shrink)

The Epicureans argued that death was nothing to us and that we should not fear death, and this thesis takes up these arguments as they appear in our fullest extant source, the De Rerum Natura of Lucretius. After an initial look at the general Epicurean theory of emotions, the thesis narrows in on the fears of death. Lucretius starts from a popular dichotomy concerning death: death is either the utter destruction of the person who dies, or the person survives in (...) some form. Each belief has its own fear. On the one side, people fear complete annihilation, and on the other side, people fear the possibility of an eternal afterlife of suffering and punishment. In response to these fears, Lucretius argues for two key claims: first, that there is no post-mortem survival and, second, that non-survival is not harmful. Lucretius defends the first claim by arguing that death destroys the compound of soul and body which makes up a person. Since the person does not survive death, there is no possibility of an afterlife of never-ending torture. To support his second claim, Lucretius argues that there can be no harm without someone to suffer the harm. Since death is the utter destruction of the person who dies, that person is not left for death to harm. Thus, non-survival is no harm to the person who dies. It is unreasonable to fear what will not happen or what will not be bad. Thus, Lucretius shows that two central fears of death--the fear of Hades and the fear of annihilation--are unreasonable. People should not fear Hades, since there is no such afterlife of eternal torture. Nor should they fear non-survival, since annihilation is not the harm it appears to be. Because Hades is not real and annihilation is not bad, death is nothing to us in either case. (shrink)

Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck (...) condition. I’ll argue that Gettier-style cases demonstrate an impermissible instance of punishment, even though they meet the conditions of retributive theories of punishment. Retributive theories are, therefore, too weak. The safety condition from epistemology provides the anti-luck condition needed for permissible punishment. I argue that two forms of retributivism, rights-forfeiture and what I call standard retributivism, are both subject to Gettier-style cases. Unlike the literature on standards of proof, this paper argues that safety is a condition on punishment itself, i.e., in all nearby possible worlds, the accuser must correctly accuse the convicted for the crime they actually committed. (shrink)

In this paper we apply the popular Best System Account of laws to typical eternal worlds – both classical eternal worlds and eternal worlds of the kind posited by popular contemporary cosmological theories. We show that, according to the Best System Account, such worlds will have no laws that meaningfully constrain boundary conditions. It’s generally thought that lawful constraints on boundary conditions are required to avoid skeptical arguments. Thus the lack of such laws given the Best System (...) Account may seem like a severe problem for the view. We show, however, that at eternal worlds, lawful constraints on boundary conditions do little to help fend off skeptical worries. So with respect to handling these skeptical worries, the proponent of the Best System Account is no worse off than their competitors. (shrink)

How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be a cheaper, (...) and more effective method of punishment. They could also be more humane. Nevertheless, in this paper we provide an argument against the use of mandatory neurointerventions on offenders. We argue that neurointerventions inflict a significant harm on an offender that render them a morally objectionable form of punishment in a respect that incarceration is not. Namely, it constitutes an objectionable interference with the offender’s mental states. However, it might be thought that incarceration also involves an equally objectionable interference with the offender’s mental states. We show that even if it were the case that the offender is harmed to the same extent in the same respect, it does not follow that the harms are morally equivalent. We argue that if one holds that intended harm is more difficult to justify than harm that is unintended but merely foreseen, this means neurointerventions could be morally objectionable in a significant respect that incarceration is not. (shrink)

Many philosophers have claimed that the folk endorse moral universalism. Some have taken the folk view to support moral universalism; others have taken the folk view to reflect a deep confusion. And while some empirical evidence supports the claim that the folk endorse moral universalism, this work has uncovered intra-domain differences in folk judgments of moral universalism. In light of all this, our question is: why do the folk endorse moral universalism? Our hypothesis is that folk judgments of moral universalism (...) are generated in part by a desire to punish. We present evidence supporting this across three studies. On the basis of this, we argue for a debunking explanation of folk judgments of moral universalism. Our results not only further our understanding of the psychological processes underpinning folk judgments of moral universalism. They also bear on philosophical discussions of folk meta-ethics. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications (...) must therefore endorse treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The (...) Abolition of Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and (...) incarceration narrow one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In this paper I examine the relation between modern transhumanism and Nietzsche’s philosophy of the superhuman. Following Loeb, I argue that transhumanists cannot claim affinity to Nietzsche’s philosophy until they incorporate the doctrine of eternal recurrence to their project of technological enhancement. This doctrine liberates us from resentment against time by teaching us reconciliation with time and something higher than all reconciliation. Unlike Loeb, however, I claim that this “something higher” is not a new skill (prospective memory), but rather (...) a love for the past in the form of loving that aspect of it that is still with us, namely, the will to power itself, which is the engine of all life. Love of the past is thus equivalent to love of life. Since human beings are conscious incarnations of the will to power, in our case, love of life manifests itself as love of our humanity or love for that aspect of ourselves that connects us to each other, for we recognize it to be the same in all of us. Thus, learning this kind of love enables us to joyfully coordinate our wills in the pursuit of Zarathustra’s superhuman ideal without turning it into a destructive mockery of itself. While learning this kind of love would facilitate a joyful version of transhumanism, I conclude by suggesting that it is unlikely to be achieved through technological interventions of the sort envisioned by transhumanists. Instead, it requires the kind of participatory pedagogical program that Nietzsche thought his Zarathustra would fulfill. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a (...) means to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

Modernity seemed to be the autumn of eternity. The secularization of European culture provided little sustenance to the concept of eternity with its heavy theological baggage. Yet, our hero would not leave the stage without an outstanding performance of its power and temptation. Indeed, in the first three centuries of the modern period – the subject of the third chapter by Yitzhak Melamed - the concept of eternity will play a crucial role in the great philosophical systems of the period. (...) The first part of this chapter concentrates on the debate about the temporality of God. While most of the great metaphysicians of the seventeenth century – Suarez, Spinoza, Malebranche, and Leibniz – ascribed to God eternal, non-temporal, existence, a growing number of philosophers conceived God as existing in time. For Newton, God’s eternity was simply the fact that “He was, he is, and is to come.” A similar view of God as being essentially in time was endorsed by Pierre Gassendi, Henry More, Samuel Clarke, Isaac Barrow, John Locke, and most probably Descartes as well. In the second part of the chapter we study the concept of eternal truth, and its relation to the emerging notion of Laws of Nature. The third part of the chapter explicates Spinoza’s original understanding of eternity as a modal concept. For Spinoza, eternity is a unique kind of necessary existence: it is existence that is self-necessitated (unlike the existence of other things whose necessity derives from external causes). Eternity is the existence of God or the one substance. Yet, Spinoza claims that if we conceive finite things adequately - “sub specie aeternitatis” – as nothing but modes flowing from the essence of God, even finite things (like our minds) can take part in God’s eternity. The fourth and final part of the chapter is mostly focused on the reception of Spinoza’s original conception of eternity by Leibniz and other eighteenth century philosophers. (shrink)

In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that (...) a general account of the criminal law of the kind of idealized state that Duff focusses on will need to say something about how that law deals with non-citizens. In particular, I claim, it will need to provide a justification for punishing them. Because Duff's account says nothing about the punishment of non-citizens, it cannot do so. Furthermore, although Duff's more recent suggestion that non-citizens should be thought of as being guests in the state on whose territory they are present may provide for an account of their criminalization, it cannot easily be extended into an account that provides a justification for their punishment. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the (...) world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall (...) argue that there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.

The story of eternity is not as simple as a secularization narrative implies. Instead it follows something like the trajectory of reversal in Kant’s practical proof for the existence of god. In that proof, god emerges not as an object of theoretical investigation, but as a postulate required by our practical engagement with the world; so, similarly, the eternal is not just secularized out of existence, but becomes understood as an entailment of, and somehow imbricated in, the conditions of (...) our practical existence. -/- The sections that follow discuss some of those central figures in modern European philosophy whose views prominently feature some consideration of eternity. I start with Kant in section I. Kant’s critique of speculative theology is well-known, and this hostility would appear to make it unlikely that the eternal, with all its theological baggage, would feature prominently in Kant’s critical philosophy. But in fact Kant’s transcendental idealism endorses no fewer than three different concepts of the eternal, including what turns out to be the most historically influential idea: that practical reason involves a kind of eternal, non-temporal action. Kant shifts this notion of a non-temporal act from its original theological context of god’s actus purus to a practical context, setting the stage for Schelling’s and Kierkegaard’s later development of this theme. Before detailing this trajectory however, section II is devoted to Hegel, the philosopher whose radical historicism is perhaps more than any other thinker responsible for making “the nineteenth century preeminently the historical century.”4 Hegel is not fertile soil for the concept of the eternal, but his historicism does turn out, at a crucial moment in the philosophy of nature, to presuppose a certain conception of eternity as an eternal present. Perhaps more importantly for the further development of eternity in nineteenth century thought however is that both Schelling and Kierkegaard situate their views of the eternal in the context of a collective rejection of Hegel. Section III discusses Schelling, who returns to Kant’s conception of non-temporal choice, seeing human capacities for free eternal self-creation as rivaling god’s. Such powers are required, Schelling argues, to resist the sublimation of the individual human person into the blankness of the Absolute. Section IV briefly consider Schopenhauer’s view that the in-itself of everything is an endlessly striving will. Section V concerns Kierkegaard who is strongly committed to the eternal, and indeed criticizes Hegel for compromising his conception of the eternal by thinking it temporally; but he is obsessed by the paradoxical question of our practical “access” to the eternal within a particular temporal moment: the decisive moment, imbued with significance that can turn life around and create a new person, pushing Schelling’s concerns even further. The remaining, shorter sections, present briefer accounts of more recent figures who make important use of some conception of the eternal: Nietzsche’s eternal return (section VI), Agamben’s (1942-) theory of sovereignty (section VII) and finally Alain Badiou’s unapologetic attempt to resuscitate eternity as the condition of revolutionary political change (Section VIII). I end with a concluding meditation (Section IX). (shrink)

This article aims to provide an explication of the Christian doctrine of eternal generation. A model of the doctrine is formulated within the ground-theoretic framework of Jonathan Schaffer and E. Jonathan Lowe, which enables it to be explicated clearly and consistently, and two often raised objections against the doctrine can be successfully answered.

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks (...) the authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

In the Gorgias, Socrates argues that just punishment, though painful, benefits the unjust person by removing injustice from her soul. This paper argues that Socrates thinks the true judge (i) will never use corporal punishment, because such procedures do not remove injustice from the soul; (ii) will use refutations and rebukes as punishments that reveal and focus attention on psychological disorder (= injustice); and (iii) will use confiscation, exile, and death to remove external goods that facilitate unjust action.

Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social life, by providing support and (...) furthering the choices of others seeking to engage with them. The desistance paradigm (viewing desistance from offending as a process, following from an offender’s active choice in the context of stabilising social structures and personal circumstances), implies that a supportive environment may facilitate reduced recidivism. While decisions about criminal culpability need justice, we may use state resources most effectively by also including care ethics in our thinking about punishment. (shrink)

This is a presentation of the utilitarian approach to punishment. It is meant for students. A note added in July, 2022 advises the reader about the author's current views on some topics in the paper. The first section discusses Bentham's psychological hedonism. The second briefly criticizes it. The third section explains abstractly how utilitarianism would determine of the right amount of punishment. The fourth section applies the theory to some cases, and brings out how utilitarianism could favor punishments (...) more or less severe than the lex talionis. (shrink)

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the (...) mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the unconditionality of mercy propounded by Seneca. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is (...) not unjust. After detailing the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

The Laws of Armed Conflict require that war crimes be attributed to individuals who can be held responsible and be punished. Yet assigning responsibility for the actions of Lethal Autonomous Weapon...

(Version 2.4) I have argued elsewhere for ascribing an error theory about all normative and evaluative judgements to Nietzsche. Such a nihilism brings with it a puzzle: how could we—or at least the select few of us being addressed by Nietzsche—continue in the face of this nihilism? This is a philosophical puzzle and so, defeasibly, an interpretive puzzle. If there is no theory it would make sense for Nietzsche to have about how the select few could go on, then this (...) is some evidence against the proposed interpretation of him as a nihilist. I defended the interpretation by arguing that Nietzsche’s declarations about creating values point to a practice of generating honest evaluative illusions. Such honest evaluative illusions are tricky things, though, and, precisely because they are honest, one might worry that they lack the motivational power of genuine evaluative belief. Can they truly play the role that evaluative beliefs play in our psychological economies? I suspect that Nietzsche does not want the honest illusions to play exactly the role that evaluative beliefs played. The cheerfulness, the playfulness, the lightness that Nietzsche hopes for are, I have suggested, a function of the shift from belief to pretence, from illusion to honest illusion. The question, nonetheless, is whether the resulting picture is too light. Can I go through life merely acting, as a critic might put it? My suggestion in this essay will be that the thought of eternal recurrence is meant to add weight to the lightness of acting—“acting”, obviously, in both the here relevant senses of the word. (shrink)

In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely "discomforting." Second, intentionally discomforting offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture---and perhaps even harmful discomforture---that seem unobjectionable. Third, a notable fact about both non-harmful (...) class='Hi'>punishment and non-punitive intentional discomforture is that they aim at improving the subject. This suggests that, if the prima facie wrongness of intentionally harming another person is the fundamental challenge for punishment, the "educative defense" is the royal road to justifying the practice. I conclude by outlining one version of the educative defense that exploits this advantage while avoiding some traditional objections to the approach. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 (...) p969). I’ll try to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

In this paper I defend the eternity solution to the problem of human freedom and divine foreknowledge. After motivating the problem, I sketch the basic contours of the eternity solution. I then consider several objections which contend that the eternity solution falsely implies that we have various powers (e.g., to change God’s beliefs, or to affect the past) which, according to the objector, we do not in fact have.

A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and (...) recognize natural punishment as genuine punishment for legal, specifically constitutional, purposes. Were U.S. courts to do so, they would need to reduce the amount of punishment they would otherwise bestow on wrongdoers upon conviction if a natural punishment has occurred or foreseeably will occur. A handful of foreign jurisdictions already accept something like this Article’s proposal, but natural punishment has no formal legal recognition in the United States. The goal of this Article is twofold: first, it offers a rigorous and defensible definition of natural punishment by distinguishing it from nearby notions and dispelling any association with supernatural ideas; second, it demonstrates that recognizing natural punishment as genuine punishment will not much disturb existing American legal institutions and understandings. -/- As an added bonus, the concept of natural punishment can be employed to solve a longstanding problem in criminal law theory, the Mystery of Credit for Time Served. The Mystery surrounds the common practice of giving prisoners credit toward their prison sentences for their time served in jail awaiting trial. The Mystery poses a dilemma about whether the detention time was punishment: If it was punishment, then the detainee was punished before trial in violation of Due Process; however, if the time was not punishment, there is no reason to discount the prison sentence. Seeing the time in detention as an instance of natural punishment resolves the Mystery. (shrink)

Eternity is a unique kind of existence that is supposed to belong to the most real being or beings. It is an existence that is not shaken by the common wear and tear of time. Over the two and half millennia history of Western philosophy we find various conceptions of eternity, yet one sharp distinction between two notions of eternity seems to run throughout this long history: eternity as timeless existence, as opposed to eternity as existence in all times. Both (...) kinds of existence stand in sharp contrast to the coming in and out of existence of ordinary beings, like hippos, humans, and toothbrushes: were these eternally-timeless, for example, a hippo could not eat, a human could not think or laugh, and a toothbrush would be of no use. Were a hippo an eternal-everlasting creature, it would not have to bother itself with nutrition in order to extend its existence. Everlasting human beings might appear similar to us, but their mental life and patterns of behavior would most likely be very different from ours.The distinction between eternity as timelessness and eternity as everlastingness goes back to ancient philosophy, to the works of Plato and Aristotle, and even to the fragments of Parmenides' philosophical poem. In the twentieth century, it seemed to go out of favor, though one could consider as eternalists those proponents of realism in philosophy of mathematics, and those of timeless propositions in philosophy of language. However, recent developments in contemporary physics and its philosophy have provided an impetus to revive notions of eternity due to the view that time and duration might have no place in the most fundamental ontology.The importance of eternity is not limited to strictly philosophical discussions. It is a notion that also has an important role in traditional Biblical interpretation. The Tetragrammaton, the Hebrew name of God considered to be most sacred, is derived from the Hebrew verb for being, and as a result has been traditionally interpreted as denoting eternal existence. Hence, Calvin translates the Tetragrammaton as 'l'Eternel', and Mendelssohn as 'das ewige Wesen' or 'der Ewige'. Eternity also plays a central role in contemporary South American fiction, especially in the works of J.L. Borges. The representation of eternity poses a major challenge to both literature and arts. The current volume aims at providing a history of the philosophy of eternity surrounded by a series of short essays, or reflections, on the role of eternity and its representation in literature, religion, language, liturgy, science, and music. Thus, our aim is to provide a history of philosophy as a discipline that is in constant commerce with various other domains of human inquisition and exploration. (shrink)

Metaphysics as an independent discipline has a surprisingly short history. Until the early eighteenth century, many, perhaps even most, writers on “metaphysics” primarily had the eponymous work of Aristotle in mind. In the writings of the early eighteenth-century German rationalists—Christian Wolff and Alexander Baumgarten—we find a conception of metaphysics that is no longer necessarily tied to Aristotle’s great work. But metaphysics as a discipline was not blessed with longevity, as a dozen years or so before Louis XVI it was condemned (...) to the guillotine by Kant’s first critique. The fate of metaphysics after the Kantian revolution is a story that still needs to be told, but it would be fair to say, I think, that for the past two centuries engagement with heavy metaphysical concepts such as eternity has been taken to be either a form of backwardness (religious or otherwise) or a kind of eccentricity. Luckily, things seem to have changed somewhat over the past twenty years. Suddenly, for example, we are seeing debates about monism appear in mainstream journals. (This could hardly be imagined in the 1970s or 1980s.) The emergence of interest in metaphysical monism as well as the persistent engagement with the philosophy of modality may open a window of opportunity through which eternity could again take her rightful seat as a fundamental notion of metaphysics. (shrink)

The doctrine of penal substitution claims that it was good (or required) for God to punish in response to human sin, and that Christ received this punishment in our stead. I argue that this doctrine’s central factual claim—that Christ was punished by God—is mistaken. In order to punish someone, one must at least believe the recipient is responsible for an offense. But God surely did not believe the innocent Christ was responsible for an offense, let alone the offense of (...) human sin. So, the central factual claim is mistaken. In the final section, I show that this critique of penal substitution does not apply to the closely-related Anselmian satisfaction theory. (shrink)

Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...) in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. (shrink)

This article focuses on justified responses to “immoral” behavior and crimes committed by patients undergoing neuromodulation therapies. Such patients could be held morally responsible in the basic desert sense—the one that serves as a justification of severe practices such as backward‐looking moral outrage, condemnation, and legal punishment—as long as they possess certain compatibilist capabilities that have traditionally served as the quintessence of free will, that is, reasons‐responsiveness; attributability; answerability; the abilities to act in accordance with moral reasons, second‐order volitions, (...) or Deep Self. Recently leading compatibilist neuroethicists added the condition of not feeling alienated from desires motivating a person's action. This article argues against such attempts to determine conditions under which patients undergoing neuromodulation should be subject to negative reactive attitudes and legal punishment. Compatibilism should not be used to justify basic desert moral responsibility and legal punishment. Instead, a new way of thinking about the function of moral responsibility attribution is proposed for patients with neuromodulation. Their compatibilist capabilities should serve as important indicators for determining appropriate, forward‐looking courses of action, such as quarantining and restorative treatment, to ensure the public safety and well‐being of the patients. (shrink)

Published in PoMo Magazine vol. 2, nr. 1 (Spring/Summer 1996) during my years as a grad student at the New School. I examine Nietzsche's presentation of the eternal recurrence, and discuss its interpretations by Heidegger, Bataille, Derrida, Klossowski, Stambaugh, and Vattimo. I will be returning to Nietzsche in the future.

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

Are the laws of nature among the eternal truths that, according to Descartes, are created by God? The basis of those laws is the immutability of the divine will, which is not an eternal truth, but a divine attribute. On the other hand, the realization of those laws, and in particular, the quantitative consequences to be drawn from them, depend upon the eternal truths insofar as those truths include the foundations of geometry and arithmetic.