In this paper we assess the adequacy of the idea of community as an ideal-typical model against which real organisations and their management might be critically evaluated. Alasdair MacIntyre’s work on practices suggests that some forms of work activity require something more than contractual relationships within organisations: if he is right then perhaps we should acknowledge the importance of some notion of community at work. However, among the criticisms of the community approach are that it ignores issues of power and (...) the inevitable existence in organisations of interest groups based on different values and pursuing different objectives. It can also be seen as ineluctably managerialist and hence incapable of producing a coherent and sustainable account of organisational life. Is ‘community’ just a strategy of social, political or organisational control? Does it assume a particular discourse of political subjectivity, to do with the nature of subjects who exist in communities? We assess the extent to which the idea of community at work is fatally damaged by these objections. (shrink)

Philosophers and cognitive scientists address the relationships among the senses and the connections between conscious experiences that form unified wholes. In this volume, cognitive scientists and philosophers examine two closely related aspects of mind and mental functioning: the relationships among the various senses and the links that connect different conscious experiences to form unified wholes. The contributors address a range of questions concerning how information from one sense influences the processing of information from the other senses and how unified states (...) of consciousness emerge from the bonds that tie conscious experiences together. Sensory Integration and the Unity of Consciousness is the first book to address both of these topics, integrating scientific and philosophical concerns. A flood of recent work in both philosophy and perception science has challenged traditional conceptions of the sensory systems as operating in isolation. Contributors to the volume consider the ways in which perceptual contact with the world is or may be “multisensory,” discussing such subjects as the modeling of multisensory integration and philosophical aspects of sensory modalities. Recent years have seen a similar surge of interest in unity of consciousness. Contributors explore a range of questions on this topic, including the nature of that unity, the degree to which conscious experiences are unified, and the relationship between unified consciousness and the self. Contributors Tim Bayne, David J. Bennett, Berit Brogaard, Barry Dainton, Ophelia Deroy, Frederique de Vignemont, Marc Ernst, Richard Held, Christopher S. Hill, Geoffrey Lee, Kristan Marlow, Farid Masrour, Jennifer Matey, Casey O'Callaghan, Cesare V. Parise, Kevin Rice, Elizabeth Schechter, Pawan Sinha, Julia Trommershaeuser, Loes C. J. van Dam, Jonathan Vogel, James Van Cleve, Robert Van Gulick, Jonas Wulff. (shrink)

How can a state be morally justified in punishing some of its citizens? In tackling this I shall set aside three important matters: we do not morally approve of all the laws of the land, so that sometimes there is a legal but not a moral case against an offender; we can do more things about crime than just punish the criminals, for example remedying the familial and social conditions that encourage it; and, thirdly, many actual penal institutions do things (...) to convicts that are indefensible by any decent standard. My topic may be humanly less important than any of those three; but I want to discuss it and not them. Like many others, I hold that the punishment is justified only to the extent that it does good, that is, leads to a better over-all state of affairs than would have obtained otherwise. Some versions of this view, however, assign to doing-good a role in which it swamps other considerations which most of us think are also essential to a defensible penal system. My aim in this paper will be remedy this defect - to reconcile a doing-good justification with the rest of what we think about punishment. The fear that this cannot be done has led some to question whether our having penal systems and procedures does any good. Jacobs may be right in stressing how hard it is to discover what the consequences are of any given system of punishment (1999: 540), but it would be lamentable if that led us to omit doing-good from our view of what justifies punishment. I shall return to this topic at the end of Section 7, offering to relieve Jacobs of his fears. I usually think of the good that punishment can do in terms of the deterrence of potential offenders - the punished person or others who learn about his punishment. In all the uncertainty about what our penal procedures achieve, it seems certain that they have a deterrent effect without which our society would be lost. There are other possible goods: making the convict a better person; placating victims and their kin; increasing our sense of the majesty and importance of the law; and so on.. (shrink)

Christopher Bennett presents a theory of punishment grounded in the practice of apology, and in particular in reactions such as feeling sorry and making amends. He argues that offenders have a 'right to be punished' - that it is part of taking an offender seriously as a member of a normatively demanding relationship that she is subject to retributive attitudes when she violates the demands of that relationship. However, while he claims that punishment and the retributive attitudes are (...) the necessary expression of moral condemnation, his account of these reactions has more in common with restorative justice than traditional retributivism. He argues that the most appropriate way to react to crime is to require the offender to make proportionate amends. His book is a rich and intriguing contribution to the debate over punishment and restorative justice. (shrink)

This essay is concerned with what I shall call the public reason constraint. The public reason constraint expresses the view that in public debate we have some duty of neutrality: the justification...

How do we punish others socially, and should we do so? In her 2018 Descartes Lectures for Tilburg University, Linda Radzik explores the informal methods ordinary people use to enforce moral norms, such as telling people off, boycotting businesses, and publicly shaming wrongdoers on social media. Over three lectures, Radzik develops an account of what social punishment is, why it is sometimes permissible, and when it must be withheld. She argues that the proper aim of social punishment is to put (...) moral pressure on wrongdoers to make amends. Yet the permissibility of applying such pressure turns on the tension between individual desert and social good, as well as the possession of an authority to punish. Responses from Christopher Bennett, George Sher and Glen Pettigrove challenge Radzik's account of social punishment while also offering alternative perspectives on the possible meanings of our responses to wrongdoing. Radzik replies in the closing essay. (shrink)

Retribution is often dismissed as augmenting the initial harm done, rather than ameliorating it. This criticism rests on a crude view of retribution. In our actual practice in informal situations and in the workings of the reactive (properly called 'retributive') sentiments, retribution is true to the gravity of wrongdoing, but does aim to ameliorate it. Through wrongdoing, offenders become alienated from the moral community: their actions place their commitment to its core values in doubt. We recognize this status in blaming, (...) a withdrawal of civility and solidarity which symbolizes the moral distance wrongdoers have put between them and us. Atonement is the means by which they make themselves 'at one' again with the community. Retribution is properly understood as a cycle which recognizes disruption and alienation, but aims at reconciliation. (shrink)

In this paper, I argue that our practice of giving and demanding apologies is rationalized by a belief that apologies make a difference to our normative situation. The characteristic normative effects of an apology are, I claim, that it removes an obligation on others to distance themselves from the wrongdoer, and that it makes the apologizer personally accountable to the addressee for their future compliance with the obligation they violated. However, if we ask what rationalizes that belief, two influential views (...) on the literature on apology – that I call the Reassurance View and the Performing Deference View – prove to be inadequate. In particular, these views cannot explain how apology can be both an expression of remorse for one’s wrongdoing but also a performative through which, by carrying out certain canonical actions, one can – all at once – change one’s normative situation. In order to explain these features of apology, I suggest that we see apology as akin to a normative power, but a normative power that is exercised expressively, or by an expressive action. In particular, I suggest that we see the power of apology as exercised by the performance of the expressive action of dissociation. (shrink)

This paper considers the justifiability of removing the right to vote from those convicted of crimes. Firstly, I consider the claim that the removal of the right to vote from prisoners is necessary as a practical matter to protect the democratic process from those who have shown themselves to be untrustworthy. Secondly, I look at the claim that offenders have broken the social contract and forfeited rights to participate in making law. And thirdly, I look at the claim that the (...) voting ban is essential part of the justified punishment of serious offenders. These arguments have in common the feature that they attempt to articulate the sense in which rights imply responsibilities, particularly that voting rights should be conditional on one’s having met one’s civic responsibilities. I argue that the only interpretation of this view that could justify prisoner disenfranchisement is that which thinks of disenfranchisement as fair and deserved retributive punishment for crime. Against widespread opposition to, and confusion about, the importance of retributive punishment, I offer a brief defence. However, I conclude that even if legitimate retributive purposes could in principle justify prisoner disenfranchisement, the significance of disenfranchisement is such that it should be reserved for the most serious crimes. (shrink)

Rational explanation of action out of emotion faces a number of challenges. The Wrong Explanation Challenge says that explaining action out of emotion by reference to a purpose rather than an emotion gets it wrong. The Redundancy Challenge says that if explanation of an action by reference to emotion is sufficient then rational explanation is redundant. And the No Further Justification Challenge says that there is no more to say, at the level of rational explanation, about why people act as (...) they do out of a particular emotion. Furthermore, even if these challenges can be addressed, there is a Problem of Expressive Action, since many actions out of emotion seem unpromising candidates for being guided by normative practical reasons of the prudential, instrumental, deontic or consequentialist sort. In response, I argue that many actions out of emotions should be understood as expressive actions guided by the agent's conception of normative practical reasons: specifically, their conception of expressive reasons. (shrink)

Some philosophers think that forgiveness should only be granted in response to the wrongdoer’s repentance, while others think that forgiveness can properly be given unconditionally. In this paper I show that both of these positions are partially correct. In redemptive forgiveness we wipe the wrong from the offender’s moral record. It is wrong to forgive redemptively in the absence of some atonement. Personal forgiveness, on the other hand, is granted when the victim overcomes inappropriate though humanly understandable feelings of hate (...) or vindictive anger towards the wrongdoer and comes to see them as deserving of a certain unconditional respect ’qua’ moral agent. Personal forgiveness is unconditionally admirable. (shrink)

: A distinctive nonconsequentialist argument for criminalisation and punishment claims that the citizens of a state that did not criminalise serious mala in se perpetrated in its jurisdiction would be complicit in their commission. However, one objection to such an argument is that such citizens cannot be complicit because they play no causal role in the commission of the offence. Against this objection, I argue that causal contribution is unnecessary, and that one way in which a secondary agent can become (...) complicit in a principal’s wrongdoing is if they allow that wrongdoing to be carried out in a domain over which they have authority, and with their permission. As a result of giving permission, the agent shares in the principal’s blameworthiness. (shrink)

In this article, I look at the role of appeals to the emotions in criminal law defences. A position commonly held is that appeals to the emotions can excuse but cannot justify. However, we should be careful that this view does not rest on too simple and non-cognitive a view of the emotions. I contrast a simple picture, according to which action from emotion involves loss of rational control, with the more Aristotelian picture recently offered by RA Duff. I then (...) look at John Gardner’s theory of excuses, which seeks to avoid the non-cognitive account of action from emotion as loss of rational control, but nevertheless denies that reference to the emotions can even partially justify. I argue that what is at issue between Gardner and Duff is what Gardner calls the ‘no-difference’ thesis, namely that the reasons that count in favour of an emotion count also in favour of action done from that emotion. I conclude that Gardner has not yet explained why we should reject the no-difference thesis. (shrink)

Recent writing on the expression of emotion has explored the idea that there is a symbolic dimension to many “expressive actions.” This paper aims to situate and better understand the “symbolic expression” account by exploring its position in a framework of views from the history of philosophy regarding emotion, action out of emotion, and their place in the good human life. The paper discusses a number of competing views that can be found in this tradition, ranging from irrationalism, through irenicism, (...) self‐externalization, and cognitivism to the symbolist tradition itself. In looking specifically at the roots of symbolism, the paper departs from the common view that Aristotelianism is the central tradition, for us, of thinking about philosophy of the emotions. It suggests that we can get a better grip on the source of these ideas by looking rather at how thinkers in the post‐Kantian and Romantic tradition wrestled with the question of the freedom and rationality of behaviour out of emotion. (shrink)

abstract In this paper I take seriously von Hirsch's view that sanctions imposed on offenders need to be compatible with their dignity, and argue that some versions of restorative justice — notably that defended by Braithwaite — can put offenders in the humiliating position of having to make apologies that they do not believe in in order to avoid further bad consequences. Drawing on recent work by Duff I argue that this problem can be avoided by conceiving of restorative justice (...) as an apologetic ritual. This view gives some ground to von Hirsch but presents a view of criminal justice that is distinctively restorative. I conclude by drawing out the differences between my account and that of Duff. (shrink)

What is morality? How do we define what is right and wrong? How does moral theory help us deal with ethical issues in the world around us? This second edition provides an engaging and stimulating introduction to philosophical thinking about morality. Christopher Bennett provides the reader with accessible examples of contemporary and relevant ethical problems, before looking at the main theoretical approaches and key philosophers associated with them. Topics covered include: life and death issues such as abortion and (...) global poverty; the meaning of life; whether life is sacred and which lives matter; major moral theories such as utilitarianism, Kantian ethics and virtue ethics; critiques of morality from Marx and Nietzsche. What is this Thing Called Ethics? has been thoroughly revised and updated throughout, with a new final chapter on meta-ethics. With boxed case studies, discussion questions and further reading included within each chapter this textbook is the ideal introduction to ethics for philosophy students coming to the subject for the first time. (shrink)

In pursuit of a theory of expressive reasons, I focus on the practical rationality of actions such as welcoming, thanking, congratulating, saluting – I label them ‘expressive actions.’ How should we understand the kinds of practical reasons that count in favour of expressive actions? This question is related to the question of how to understand non-instrumental fittingness-type reasons for emotion. Expressive actions often are and should be expressions of emotion. It seems to be an important feature of such actions that (...) the reasons that count in favour of the action are entangled with reasons of fittingness that count in favour of the relevantly connected emotion. But how should we understand this entanglement? I argue that the relevant category of reasons cannot be captured on approaches standard in normative theory. I develop a theory of sui generis expressive reasons. I argue that we have reason to perform actions that mark certain situations that contain some significant value or disvalue, independently of any reason to alter those situations. This is the role of expressive actions. Sui generis reasons for expressive actions are entangled with reasons for relevantly connected emotions because (some) emotions have the same role of marking extraordinary situations. (shrink)

In this paper I give an interpretation of the Wim Wenders film, Paris, Texas, that brings to bear Talbot Brewer’s notion of “dialectical activity.” According to Brewer, dialectical activity is an a...

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)

In this paper I am concerned with a problem for communicative theories of punishment. On such theories, punishment is justified at least in part as the authoritative censure or condemnation of crime. But is this compatible with a broadly liberal political outlook? For while liberalism is generally thought to take only a very limited interest in its citizens’ attitudes (seeing moral opinion as a matter of legitimate debate), the idea of state denunciation of crime seems precisely to be focused on (...) the attitudes expressed in action. In this paper I analyse the elements of the communicative theory of punishment, assessing the extent to which they can be considered anti-liberal. I argue that, understood in a certain way, the communicative theory, though in some sense communitarian, is compatible with at least one central and attractive non-perfectionist strand in liberalism. Key Words: communicative theory • Devlin • Duff • Hegel • von Hirsch • punishment. (shrink)

ABSTRACTAn influential view in recent philosophy of punishment is that the apparatus of criminal justice should be geared at least in part to state censure of wrongdoing. I argue that if it were to be so geared, such an apparatus would make ambitious claims to authority, and that the legitimacy of the relevant state would then depend on whether those claims can be vindicated. This paper looks first at what kind of authority is being claimed by this apparatus. The criminal (...) law, I argue, cannot merely be thought of as claiming a right to rule and to be obeyed. Rather, its authority is better understood as the authority of moral oversight: a power to alter, at will, citizens’ liability to answer for their compliance with—and to be officially censured for their failure to comply with—a designated set of pre-existing moral 7reasons. The paper then looks at whether a state could realistically be expected to possess such authority—that is, whether a state that claims to have such a power could ever be legitimate. (shrink)

Non‐Interventionist Objective Divine Action (NIODA), introduced by Robert John Russell, is a model of divine action drawing upon insights from quantum mechanics. It presents an intriguing and significant challenge to classical conceptions of divine action with far‐reaching consequences. When applying NIODA to theistic evolution, however, significant questions emerge that require attention. We identify and assess two sets of concerns. The first relates to quantum physics, particularly whether and how quantum occurrences influence mutations and evolution. We argue that the current empirical (...) evidence is ambiguous in its support of the kinds of quantum action that Russell proposes, though emerging data from quantum biology look promising. The second set of concerns is metaphysical, especially concerning the problem of evil. NIODA gives Godextensive agency over evolution and genetics, which has adverse consequences for theodicy. We propose potential solutions to the problems highlighted in our article, both metaphysical and physical, to improve the viability of NIODA's application to theistic evolution. (shrink)

Our characters are formed, at least in part, by forces beyond our control. Should this lead us to mitigate the responsibility of those who turn out badly? Martha Nussbaum argues that we ought to be merciful to wrongdoers on these grounds. Against Nussbaum, I argue that we have important moral reasons to treat people as responsible for character and hence to eschew mercy. Treating someone as responsible is required if we are to treat them as a moral agent, to treat (...) them as having a moral point of view that is worth hearing. However my point is not that there are no reasons for mercy, but simply that there are other reasons, to do with respect, that pull in the opposite direction. The result is not a decision procedure for all cases but a better understanding of the complex moral geography. (shrink)

This paper contributes to the normative debate over capital punishment by looking at whether the role of executioner is one in which it is possible and proper to take pride. The answer to the latter question turns on the kind of justification the agent can give for what she does in carrying out the role. So our inquiry concerns whether the justifications available to an executioner could provide him with the kind of justification necessary for him to take pride in (...) what he does. If they cannot, I argue, this sheds some light on their adequacy as justifications. The main argument of the paper is that social control arguments for the death penalty fail to provide an adequate justification. I also give some consideration to retributive justifications. The argument is developed through close attention to the depiction of Albert Pierrepoint in the film, Pierrepoint: The Last Hangman. (shrink)

Symposium on Christopher Bennet's The Apology Ritual. A Philosophical Theory of Punishment [Cambridge University Press, 2008].

This paper argues that a liberal state is justified in promoting relationships of conjugal love – the form of relationship that is the basis of the institution of marriage – on the grounds that they are essential to the development and maintenance of autonomy. A deep human need is that the detail of our lives be recognized (accepted, affirmed, granted importance) by others (or by an other). Autonomy can be compromised when this need is not met. So a state concerned (...) with autonomy ought to be concerned with relationships in which people can be given recognition. This argument justifies support for friendship as well as conjugal love; why is the latter particularly special? The answer is that in conjugal love partners value each other exclusively (i.e., in a way they do not value anyone else). Conjugal relations therefore recognise the uniqueness and individual value of a person's life in away that friendship does not. (shrink)

Immanuel Kant's Groundwork of the Metaphysics of Morals ranks alongside Plato's Republic and Aristotle's Nicomachean Ethics as one of the most profound and influential works in moral philosophy ever written.

Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

I argue against the idea of basic desert. I claim that the supposed normative force of desert considerations is better understood in terms of dissociation. The starting point is to note that an important strategy in spelling out the apparent normative force of desert considerations appeals to the idea of complicity. I argue that the idea of basic desert cannot give a good explanation of this connection. I propose that it is rather dissociation that is explanatorily basic. I further argue (...) that dissociation is an expressive action. Dissociation from wrongdoing—expressed as distancing from the wrongdoer—is an expressive attempt to do justice to the significance of wrongdoing in a way analogous to the expressive attempt to thank someone adequately for doing you a favor. I draw on the idea of dissociation as an expressive action to explain why it should be that a failure to dissociate is a source of complicity. (shrink)

Bennett focuses on four interconnected criticisms of consequentialist theories of punishment. The first criticism says that consequentialist theories wrongfully treat it as permissible to punish an innocent person if doing so will lead to optimal consequences. The second criticism says that consequentialist theories allow the treatment of offenders (and others) as mere means. The third criticism says that consequentialist theories fail to respect offenders as moral agents. The fourth criticism says that consequentialist theories recommend responses to wrongdoing that ignore (...) or displace other valuable forms of human relation. Bennett argues that such criticisms are better thought of as criticisms of a specific form of consequentialism rather than consequentialism as such. The question of whether the whole consequentialist approach is problematic is much more complex. While Bennett does not try in this chapter to resolve that latter question, he looks at some of the considerations that bear on it. (shrink)

In my response to Golash I distinguish between two steps in my original argument. The first relates to the special value of conjugal (two-person) love relationships. I defend this step against criticisms, arguing that the two-person relationship provides a form of recognition that is of special importance to us and cannot be found in other sorts of relationship. The two-person relationship is one that, at least as private individuals, we have special reason to pursue. The second step concerns the claim (...) that the special value of such relationships tends to promote the autonomy of those who have them. It is this second step that is important for the argument that a liberal state – one, at any rate, that takes itself to be in the business of safeguarding the pre-conditions of autonomy – could have reason to favour marriage or some form of civic partnership over other forms of intimate adult tie. However, I admit that Golash puts forward plausible – if anecdotal – arguments against this second step. I therefore agree that I need to be more tentative about this step than I was in the original paper. (shrink)

Seumas Miller, The Moral Foundations of Social Institutions, 371 pp. ISBN: 978-0-521-76794-1 hardback; 978-0-521-74439-3 paperback. If one were loo...

I am very grateful to Jeffrie Murphy for his response to my article1 and to Jonathan Jacobs for the chance to respond in turn to Murphy’s criticisms. It is a particular honor for me to respond to J...