There is a common refrain in the literature on punishment that presumes the mutual exclusivity of defending retribution and adopting a humanistic or welfare-oriented outlook. The refrain, that if we want to be humane, or care about human welfare, we must abandon retributive punishment, anger, and resentment is readily repeated, endorsed, and relied upon. This article suggests that this opposition is false: retribution and welfare-orientation can not only be endorsed concomitantly, but are complimentary projects, and may even be (...) grounded in the same normative basis, such that if we endorse one we are already committed to ideas that ground reason to care about the other.My primary target will be claims that aim to undermine retributivism by demonstrating the desirability of welfare-orientation. If both can live together, demonstrating the attractiveness of one goes nowhere toward displacing the other. Further, establishing this claim invites further inquiry into classic questions about the “barbaric,” or “morally repugnant” credentials of retributivism. Confronting these claims will elucidate the consistency of adopting both retributive and welfare-oriented views, which, I suggest, can be jointly adopted and pursued. (shrink)

"This book argues for a mixed view of punishment that balances consequentialism and retributivism. He has published extensively on philosophy and applied ethics. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book defends a mixed (...) view that recognizes the strength of both of these intuitions. By this account, the legislature should develop institutional policies and statutory penalties that maintain the social order, that is, consequentialism. It establishes punishment policies to deter criminal activity. By contrast, the criminal judiciary should give individual defendants what they deserve, that is, retributivism and thus expressing the community's appropriate sense of resentment at being wronged. The book justifies the two-tiered model by showing how it accords with our moral intuitions, our assumptions about how what we know affects our moral obligations, and a commonly held theory of freedom. This approach is developed by engaging classic and contemporary work in the philosophy of law, and shows its advantages over competing approaches from contemporary retributivists and other mixed theorists. The work also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. It draws on cutting-edge criminological research to show how punishment theory can help us to address some of our most pressing social issues, including the death penalty, drug laws, and mass incarceration. The book will also be of interest to legal philosophers, social scientists, especially criminologists, sociologists, economists, and political scientists"--. (shrink)

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

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

ABSTRACTIn Sinicized Asia, justice, conceptualized and institutionalized in its current form on a Western mold is part of a singular and ancient Confucian legal tradition.In this paper, it will be argued that Confucians initially articulated the concept of justice in relation to their own explanation of the world and their ideal, which distinguishes and rewards men’s actions according to their merits and social condition.It will be shown that Confucius’s thinking is primarily political and suggests ways of harmoniously organizing and reforming (...) society in which justice is conceived both as a principle of government, a principle of social conduct and one of the essential virtues, or a ‘moral sense’ that everyone must possess, while, in practice, Confucian justice will put forward the imperatives of retributive justice. This, despite its philosophical aversion for sanctions and for what upsets harmony. (shrink)

In this article I pursue two aims. First I advance an internal critique of hard-core retribution as it is usually advanced by victims of human rights violations. The focus of this penal approach on submitting all the military personnel guilty of human rights violations to harsh punishments risks jeopardizing the (clearly retributive) demand of punishing all those involved in the abuses. Particularly when extensive time has elapsed after the misdeeds, the most rational policy seems to be a negotiation model (...) that offers gross human rights abusers punishment reductions in exchange for valuable information about the facts. Defending such a penal negotiation model constitutes the second aim of this article. I conclude that in order to satisfy the (hard-core) retributive demand of punishing all those (both military and civilian) guilty of human rights abuses, it is required not to submit all military personal indicted to retributive punishments. (shrink)

This book offers an ideal first reader in ancient Greek. It presents a selection of extracts from a comprehensive range of Greek authors, from Homer to Plutarch, together with generous help with vocabulary and grammar. The passages have been chosen for their intrinsic interest and variety, and brief introductions set them in context. All but the commonest Greek words are glossed as they occur and a general vocabulary is included at the back. Although the book is designed to be used (...) by students who have only completed a beginner's course in Greek, students of all ages will find that it helps them to improve their ability and confidence in reading a wide range of prose and verse texts, while at the same time providing a fascinating and copiously illustrated introduction to the riches and variety of ancient Greek literature over a period of almost a thousand years. (shrink)

Examines interrelated topics in Medieval and Renaissance Latin literature: the status of women as writers, the status of women as rhetorical figures, and the status of women in society from the fifth to the early seventeenth century.

This chapter examines the restrictions on justification of punishment that result from the claim that human beings lack freedom of the will. The variety of free will at issue is the control in action required for the agent to basically deserve to be blamed or punished. If we lack such free will, the classical retributive justification is undermined. Furthermore, if we lack such free will, one justification for using criminals as means for the purpose of general deterrence is also (...) threatened. Since even if we lack free will, we yet retain the right to harm in self-defense, special deterrence that invokes such a right, and the attendant general deterrence, are in the clear. Finally, ways in which additional general deterrence absent free will might be justified are explored. (shrink)

H. L. A. Hart's new book of essays rejects any theory of the classic retributive type for justifying legal punishment. Hart denies that useless punishments can be justified even of fully guilty men; he rejects as the justifying aim of punishment the hope of crowning wickedness with the suffering it deserves; he denies that great guilt could justify a more severe punishment than utility-considerations would call for. We will be concerned here with only one of his arguments supporting this rejection: (...) the objection that mere human judges cannot measure wickedness accurately enough to see that each degree of wickedness gets the appropriate amount of suffering. And of course modern fashions of determinist thinking have brought home to us even more vividly the absurdity of trying to measure wickedness, since determinism makes us wonder if we know how much any offender could have helped doing what he did. (shrink)

This chapter focuses on the classical conceptions of justice and then examines the contemporary movements that arose to challenge these old concepts. It looks at Wakanda's record on justice. In the comics, the trial to become the Black Panther involves more than fighting, but ritual combat has always been the final and most glamorous test in Wakanda. The Wakandan philosopher Changamire quotes him in the 12‐issue run “A Nation Under Our Feet,” by Ta‐Nehisi Coates and Brian Stelfreeze. Changamire gathers (...) not just the powers that be (T'Challa the king and Aneka the rebel leader) but also ordinary citizens traumatized by the war, so that together they can navigate a path forward. Their interest is not retribution or reparation, but rather restorative justice. In the transformative justice movement, the work of justice is the work of building our capacity to take care of each other, as ordinary people in ordinary communities. (shrink)

In contrast to the vast literature on retributive theories of punishment, discussions of private revenge are rare in moral philosophy. This paper reviews some examples, from both classical and recent writers, finding uncertainty and equivocation over the ethical significance of acts of revenge, and in particular over their possible resemblances, in motive, purpose or justification, to acts of lawful punishment. A key problem for the coherence of our ethical conception of revenge is the consideration that certain acts of revenge (...) may be just (at least in the minimal sense that the victim of revenge has no grounds for complaint against the revenger) and yet be generally agreed to be morally wrong. The challenge of explaining adequately why private revenge is morally wrong poses particular difficulty for purely retributive theories of punishment, since without invoking consequentialist reasons it does not seem possible adequately to motivate an objection to just and proportionate acts of revenge. (shrink)

In the classic abolitionist text, Prison on Trial, Thomas Mathieson argues that imprisonment cannot be justified by appeal to any standard punitive aim: rehabilitation, deterrence, incapacitation, or retribution. The aim of this paper is to give prison an ‘appeal hearing’: to examine whether it can be justified by a set of punitive aims not considered by Mathieson. In particular, it asks whether imprisonment can be justified by the ‘communicative’ theory of punishment proposed by Antony Duff. Duff sees imprisonment as (...) having an important role in a properly ‘communicative’ system of criminal justice: to serve as the ultimate sanction for offenders who fail to comply with other forms of punishment; to shock offenders into repentance for their crimes; and to communicate to offenders in a symbolically appropriate way the seriousness of their offence. This paper argues that each of Duff’s rationales fails: using prison as an ultimate sanction violates the communicative principle of treating offenders as responsible moral agents; the evidence suggests that prison will impede rather than facilitate repentant understanding; and while prison might be able to express censure, it is not rationally connected to enabling a meaningful moral dialogue. As such, it concludes that this particular appeal hearing for imprisonment fails. (shrink)

This distinctive collection of original articles features contributions from many of the leading scholars of ancient Greek philosophy. They explore the concept of reason and the method of analysis and the central role they play in the philosophies of Socrates, Plato, and Aristotle. They engage with salient themes in metaphysics, epistemology, ethics, and political theory, as well as tracing links between each thinker’s ideas on selected topics. The volume contains analyses of Plato’s Socrates, focusing on his views of moral psychology, (...) the obligation to obey the law, the foundations of politics, justice and retribution, and Socratic virtue. On Plato’s Republic, the discussions cover the relationship between politics and philosophy, the primacy of reason over the soul’s non-rational capacities, the analogy of the city and the soul, and our responsibility for choosing how we live our own lives. The anthology also probes Plato’s analysis of logos which underlies his philosophy including the theory of forms. A quartet of reflections explores Aristotelian themes including the connections between knowledge and belief, the nature of essence and function, and his theories of virtue and grace. The volume concludes with an insightful intellectual memoir by David Keyt which charts the rise of analytic classical scholarship in the past century and along the way provides entertaining anecdotes involving major figures in modern academic philosophy. Blending academic authority with creative flair and demonstrating the continuing interest of ancient Greek philosophy, this book will be a valuable addition to the libraries of all those studying and researching the origins of Western philosophy. (shrink)

This book highlights the recent re-emergence of Edward Westermarck's work in modern approaches to morality and altruism, examining his importance as one of the founding fathers of anthropology and as a moral relativist, who identified our moral feelings with biologically-evolved retributive emotions. Questioning the extent to which current debates on the relationship between biology and morality are similar to those in which Westermarck himself was involved, the authors ask what can be learnt from his arguments and from the criticism that (...) he encountered. Drawing on Westermarck's manuscripts and papers as well as his published work, the authors show the importance of situating debates, whether modern or classical, in their correct methodological and philosophical context. This volume is a rigorous assessment of the ways in which morality is connected with human biological nature. It plays close attention to the development of debates in this field and will appeal to scholars of sociology, anthropology and philosophy. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Even the most sympathetic readers of Kant's moral philosophy usually disagree with him about some aspect of his theory, or some particular moral judgement. His unqualified condemnation of lying in the essay ‘On a supposed right to lie from philanthropy’ is a classical case in question, as is his strong endorsement of retributive justice and the death penalty. A third prominent source of discontent are Kant's repeated verdicts on the moral status of non-human animals, or rather the lack thereof. (...) For, despite the fact that his practical recommendations in this field are sensible and even progressive, he repeatedly insists that there are no direct duties to animals, that the well-being of animals is morally indifferent, in particular that we ought to treat animals decently solely for the sake of humanity. As a result, the foundations of his advice seem morally inadequate, even offensive. (shrink)

Solon is our only primary source for the intellectual context of archaic Athenian political thought. Dike is central to that context. The primary question of dike is the degree of abstraction it denotes. To Solon dike is neither an abstract principle with metaphysical proportions, nor merely the concrete procedures of dispute mediation.Solon understands Dike in a polis that is ordered by the thoughts and actions of particular human beings, not by divine dispensations. This re-alignment of political authority from vertical authoritarianism (...) to horizontal citizen relationships is directly related to the views of nature found in the Milesian philosophers. Solon's dike is immanent from the thoughts and actions of the citizens; it is not a divine power pushing down on the polis.Solon's dike has three distinct functions. First, it is the inevitable result of unjust thoughts and actions; this is ‘natural dike’. Second, dike is a process of dispute mediation; this is ‘procedural dike’. Third, dike is a nascent ordering principle in the polis, found in one passage in Solon as distinct from the consequent retribution. Dike is an archaic concept standing for a comprehensive inevitability in the interactions of the citizens. (shrink)

Solon is our only primary source for the intellectual context of archaic Athenian political thought. Dike is central to that context. The primary question of dike is the degree of abstraction it denotes. To Solon dike is neither an abstract principle with metaphysical proportions, nor merely the concrete procedures of dispute mediation. Solon understands Dike in a polis that is ordered by the thoughts and actions of particular human beings, not by divine dispensations. This re-alignment of political authority from vertical (...) authoritarianism to horizontal citizen relationships is directly related to the views of nature found in the Milesian philosophers. Solon’s dike is immanent from the thoughts and actions of the citizens; it is not a divine power pushing down on the polis. Solon’s dike has three distinct functions. First, it is the inevitable result of unjust thoughts and actions; this is ‘natural dike’. Second, dike is a process of dispute mediation; this is ‘procedural dike’. Third, dike is a nascent ordering principle in the polis, found in one passage in Solon as distinct from the consequent retribution. Dike is an archaic concept standing for a comprehensive inevitability in the interactions of the citizens. (shrink)

If we compare it with the fellow notion of liberty, equality has an ambivalent place in modern political thinking. Whilst it counts as one of the fundamental norms, many think that equality is valuable only as a way to realise some features of liberty. I take a historical perspective on this issue, and try to identify some of the pre-modern roots of such an ambivalent attitude towards equality. I do this by using Jacques Rancière’s political model as an analytical framework (...) and by taking a visual route, focusing on classical iconographic representations in which equality was present in the images’ subtexts. Ambrogio Lorenzetti’s allegory of good government is one iconic exposition of equality as a positive condition of civil peace. Already there, however, the positive value of equality is counterposed to the figure of violent retributive justice. Similarly, in the Christian narrative, equality is endorsed as the original condition of creatures under God, but is also associated with violent death. This signals one pre-modern root behind the ambivalence towards equality, particularly when the latter is understood dynamically, as levelling. Such a reversal of value finds an apotheosis, I suggest, in the revolutionary icon of the guillotine, a dramatic representation of equalisation that had a strong influence on modern political thinking. In J. E. Millais’ first painting, of Jesus in the House of his Parents, I find a more positive legacy of Christian equality in modern political thinking. (shrink)

This article seeks to reveal, conceptualize, and analyze a trend in the development of the retributive theory of punishment since the beginning of the 21st century. We term this trend “retributarianism.” It is reflected in the emergence of retributive approaches that through expanding the concepts of censure and culpability extend the relevant time-frame for assessing the deserved punishment beyond the sentencing moment. These retributarian approaches are characterized by the individualization of retributivism. On one hand, retributarianism shares with classic retributivism the (...) rhetoric of justice, a focus on the moral evaluation of the severity of the offense, and the primary importance ascribed to maintaining proportionality. On the other hand, it shares with utilitarianism the possibility of taking into account, in addition to the severity of the offense, the offender’s personal circumstances, with a future-oriented perspective that also considers developments subsequent to the commission of the offense. This article analyzes the emergence of retributarianism, suggests possible explanations for its development, and assesses its possible implications for penal theory and policy. (shrink)

Wang Fuzhi’s 王夫之 remarks on Buddhism have not been given sufficient attention despite increasing research on him. The few works on this topic either focus on just one aspect of his view of Buddhism or fail to disclose the purpose and uniqueness of his attack of it. This essay analyzes his view of Buddhism comprehensively, in particular his insight into the paradox of Buddhist universal love and his rejection of Buddhist retribution and reincarnation from Confucian righteousness and qi 氣-monism. (...) In addition, it also explores the reason, context, and limitations of his criticism, that is, his reaction to the popular approach of “understanding Confucian classics through learning Buddhism” in the late Ming 明, his response to Zongmi’s 宗密 criticism of Confucian cosmology and human nature, and his misunderstanding of some Buddhist concepts. Yet his criticism is still illuminating to our understanding of the interaction of Confucianism with Buddhism and other religions. (shrink)

By treating labor like any other tradable good, orthodox economic models ignore various features that define the specificity of the labor market . Taking into account such features, as the new situation generated by the emergence of cognitive capitalism forces us to do, requires a major change in paradigm. In the new “bio-economic” paradigm, classical distinctions between production and reproduction, consumption and production, leisure and work tend to vanish, while labor increasingly appears as a common good. The most important (...) input being life itself, a just retribution of productive forces must now include a retribution for living, i.e., a universal, unconditional and guaranteed basic income. (shrink)

There is a puzzle about divine justice stemming from the fact that God seems required to judge on the basis of criteria that are vague. Justice is proportional, however, it seems God violates proportionality by sending those on the borderline of heaven to an eternity in hell. This is Ted Sider’s problem of Hell and Vagueness. On the face of things, this poses a challenge only to a narrow class of classical Christians, those that hold a retributive theory of (...) divine punishment. We show that this puzzle can be extended to the picture of divine judgement and the afterlife found in Mormon theology. This is significant because at first glance, the Mormon picture of the afterlife looks like it fails to co-operate with Sider’s puzzle. In Mormon theology, there are not two afterlife states, but three: a low, a middle, and a high kingdom. There is no afterlife state quite like Hell, and the states that function similarly to Hell aren’t places of eternal suffering. We argue that appearances are misleading. While it may be true that no place in the Mormon afterlife is bad in the sense that its inhabitants suffer eternal bodily harm, it is true that many of the places in the Mormon afterlife are bad in the sense that their inhabitants lack access to significant goods. This allows Sider’s puzzle to re-engage as a puzzle about distributive Justice. After setting out this alternative version of the puzzle, we argue that Mormon theology has sufficient resources to reject proportionality as a constraint on divine judgment by adopting a nuanced version of universalism called escapism. (shrink)

Unlike that of most liberal thinkers, Kant's theory of punishment is unabashedly retributive. For classical liberals punishment is justified only by the harms it can prevent, not by any allegedly intrinsic good served by making the guilty suffer. Here Hobbes' blunt insistence that the aim of punishment ‘is not a revenge, but terror’ is prototypical in substance, if not in style. Hobbes, Locke, Mill, Bentham and Beccaria, for all their differences, agree that punishment must look to future good rather (...) than to avenging past wrongs. This attitude on the part of classic liberalism toward retribution is not surprising, given its association with the kind of theocratic politics liberalism arose to combat. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Thinking Mortal ThoughtsDebra SanThere is something quite odd about the ancient Greek advice to “think mortal thoughts” (or “think of mortal things”), for what human being past the flush of youth has not trembled at the thought of mortality? Consciousness of our mortal condition is considered a hall-mark of the human species, and is no doubt the reason we alone among the species on the planet entertain notions of (...) divinity. Why then are we counseled to think about what we cannot help thinking about anyway? And what purpose does the advice serve: are those who tender it eager to promote their own fearful frame of mind? Or, on the contrary, are they urging us to be courageous in the face of death? Perhaps the advice intended is to eat, drink, and be merry, for tomorrow we die. Or perhaps “mortal thoughts” are suicidal thoughts, and the object is to shuffle off this mortal coil in a manner, time, and place of our own choosing.Clearly, taken out of context, the injunction “think mortal thoughts” can mean any number of things. But in the context of ancient Greek culture, “think mortal thoughts” means roughly this:“Since you are not one of the immortal gods, be mindful of your limits as a human being. Consciousness of the inevitability of your death should inform the way you live your life, for just as your lifespan is limited by your mortality, so too are your capacities for understanding, for action, and for achievement. This is the truth of your condition; if you don’t accept it, you’ll be frustrated at best, and at worst you’ll incur divine wrath and retribution for attempting to push past your proper human boundaries into sacred turf where you don’t belong and aren’t wanted. Don’t trespass. Don’t even think about it. Don’t assume, in a futile exercise of hubris, that you’re a special case whose transgression [End Page 16] (huperbasia) will be exempt from dire consequences. Gnothi sauton, know yourself as a mortal being, and meden agan, do nothing to excess, or you will suffer the fate of Icarus, who aimed too high and died for it, or the fate of Phaethon, who was destroyed by forces which he thought he could control.”The advice presented here echoes throughout classical Greek drama, whose tragic protagonists are the theatrical descendants of Icarus and Phaethon. When Antigone compares herself to Niobe, the Chorus must remind her that “she was a god, born of gods, and we are only mortals born to die” (925–26). 1 In her failure to think mortal thoughts, Antigone resembles her father, whose refusal to acknowledge his limits is so profound that even after mutilating himself in horror at the discovery of his own transgressions, he must still be reminded that he is no longer “the master of all things” (1675). 2 Pentheus in the Bacchae lacks the stature of either Oedipus or Antigone, but like them he has pretensions beyond the limits befitting a mortal; he fails to exercise the “simple wisdom [that] shuns the thoughts of proud, uncommon men and all their god-encroaching dreams” (427–29). 3 In his arrogant and unrealistic attempt to pit his own puny powers against the incomparable force of the immortal Dionysus, Pentheus suffers the fate of those whose hubris overcomes the temperate virtue of sōphrosunē, “the wisdom that accepts” (390). Even the bloodthirsty, pre-Eumenides Furies of the Eumenides accept the limits which moderation entails: they understand that Zeus “appointeth the mean as the master in all things” (531). 4One might expect that this cautionary, temperate strain in Greek thinking would appeal to Aristotle, whose doctrine of the mean in Book II of the Nicomachean Ethics might have come straight out of the Oresteia. And yet, when the caution is expressed in the maxim “think mortal thoughts,” Aristotle rejects it, claiming that human beings should try to aim their thoughts at a level so high it cannot really be reached by mortals, which is to say a level as high as that of the immortal gods, whose contemplative, intellectual activity (theōria) soars far above... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ROLE OF AN ULTIMATE AUTHORITY IN RESTORATIVE JUSTICE: A GIRARDIAN ANALYSIS Sara Osborne I. Restorative or Retributive Justice South African Episcopal Archbishop Desmond Mpilo Tutu's account of the gritty practicality of reconciliation versus retribution in his book, No Future Without Forgiveness, focuses long overdue attention on Restorative Justice, a law reform movement probably better known in international than in American legal circles. A persuasive assertion of Restorative (...) Justice advocates in their critique of increasingly retributive practices such as mandatory minimum sentencing, mandatory arrest, death penalty, juvenile incarceration, "three strikes" legislation, no parole, diminished prisoner services, to name a few, is that reintegrating offenders back into a community is a much more effective deterrence to anti-social violence than punishment alone. They have also observed that communitarian ideals and practices, more visible in traditional cultures1 are more conducive to Restorative goals ofreconciliation and reintegration than are practices of retributive justice rooted in ideals of individual rights. Therefore, such adjudicatory practices should serve as models for preferable alternatives. 1An examination ofrestorative justice under code-based systems of law (European, Roman Law) might also reveal more affinities since the focus ofthese systems is to define the permissible, rather than the impermissible. Code-based law begins with the commons; rightsbased law begins with the individual. 80Sara Osborne However, Western-style retributive justice remains the primary model for international law and Restorative Justice is the prophetic "outsider" voice. So, it is appropriate to ask to what extent and under what conditions are Western retributive justice systems able to incorporate or accommodate adjudicatory practices ofnon-Western or traditional cultures? How critical a factor is religion? These questions will appear wherever Western Law struggles to bring more cultural diversity under a unifying umbrella and they deserve close scrutiny. René Girard's insights into the relationship between law, religion, culture and violence are helpful in identifying practical implications ofthe restorative vision and systemic weaknesses ofretribution, and perhaps illuminating a third way. The metaphor of an organ transplant may be useful: without a genetic match between host and donor both risk destruction. It is the thesis of this paper that that genetic material is a very inclusive conceptualization of "religion" which I have named "Ultimate Authority," drawing on Girard's mimetic theory for the theoretical analysis. In other words, "religion" is indeed, always and everywhere, a critical factor in culture-specific institutions ofjustice. A Girardian understanding ofthe relationship between Ultimate Authority and criminaljustice systems indicates that while there are valuable lessons to be learned from trans-cultural dialogue, wholesale transplants may not be possible, or even advisable because conditions essential for comparable success do not exist in Western legal culture. This paper first presents some background about Restorative Justice, followed by an outline ofRené Girard's mimetic theory to define "Ultimate Authority." The second half of the paper describes alternative adjudicatory processes which have attracted the attention of Restorative Justice advocates and concludes with suggestions about future directions for criminal justice policy discussion. Restorative Justice is a movement which drew its initial energy from Civil Rights era non-violent social action. It has found avid supporters among those whose activism for socialjustice is faith-based as well as those whose activism is rooted in more secular communitarian ideologies. Perhaps because of its international following, a significant contribution ofthe movement has been to initiate trans-cultural dialogue about criminal justice, fostering an increased use of alternative dispute resolution techniques, primarily mediation. Restorative Justice doctrine insists that all crime is personal, evidence ofa broken relationship between victim, offender, and community. Restoring "right relationship" between all parties is both a moral and legal obligation; "justice" to be just must go well beyond addressing the specifics of the act which effected the break. In contrast, the focus of The Role ofAn Ultimate Authority81 retributive justice appears abstract, procedural, and narrow in pursuit of impartiality or neutrality, the ideal of Blind Justice.2 Howard Zehr, a consultant on criminal justice and a Canadian Mennonite who wrote the classic Restorative Justice primer, Changing Lenses: A New Focusfor Crime andJustice, describes the retributive criminaljustice process as "a drama between two abstractions," meaning a criminal and a victim, where the "victim" is even further abstracted... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.1 (2000) 1-17 [Access article in PDF] The Influence of Folk Meteorology in the Anaximander Fragment Cameron Shelley * Introduction No scholars doubt that the pre-Socratic philosophers, especially the Milesians, were concerned with meteorology. Their works abound with accounts of wind, rain, thunder, lightning, meteorites, waterspouts, whirlwinds, and so on. Through examination of the fragments of the pre-Socratics, we can trace this interest (...) in meteorology from each philosopher to his predecessors right back to Anaxi-mander. 1 Thales might at first seem to be the most obvious candidate as the man who introduced meteorology into philosophy, but Kirk et al. argue persuasively that Thales was more interested in near-eastern mythology. 2 Thus, we must take Anaximander, Thales's protégé, to be the philosopher who made meteorology a topic of philosophical interest.This situation leaves us with an obvious question: where did Anaximander come by his interest and ideas about meteorology if not from Thales? Modern scholarship unanimously points to the Greek mythological tradition of Anaxi-mander's time as recorded primarily by Homer and Hesiod. Gilbert confidently asserts that any inquiry into the origin of Greek meteorology must begin with the stories recorded by these poets, and modern scholars generally echo this opinion. 3 Kahn notes that in classical Athens the Milesian-style, non-mythological accounts of meteorology were treated as direct challenges to the Olympic religion, [End Page 1] as demonstrated by Aristophanes in The Clouds. 4 But to conclude on this basis that Anaximander himself saw his project as the construction of theories by the removal of deities from myths is to mistake the result for the cause. Kirk et al. simply point to Kahn's account and speculate that Anaximander was influenced by Greek legends about Phaethon and Deucalion. 5 None of these scholars consider alternative possible sources of Anaximander's meteorological ideas, so that support for mythology as the source derives largely from the lack of a rival. But there is an alternative, namely, folk meteorology.Folk meteorology may be described as the body of folk wisdom concerning the nature and prediction of weather patterns. It typically comes in the form of pithy statements or jingles such as "Red sky at night, shepherd's delight; red sky in morning, shepherd's warning." 6 Folk meteorology has been almost completely neglected even by folklore scholars, so it is not surprising that it has escaped the attention of philosophers and classical scholars as well. However, an examination of folk beliefs about meteorology reveals significant similarities with some of the philosophical beliefs attributed to Anaximander, most notably, and surprisingly, regarding the concept of justice (dikê) implicit in Anaximander's famous fragment.The purpose of this paper is to construct and defend a case for the influence of folk meteorology on Anaximander, particularly on the concept of justice in the Anaximander fragment. The case begins on familiar ground, with the fragment itself and arguments against attempts to trace influences on it to non-meteorological sources, and continues with some evidence of the universality of folk meteorology across cultures and the character of balance as a folk-meteorological concept, which is then applied to the Anaximander fragment as a means of explicating what Anaximander meant there by justice. The suitability of balance for this purpose is taken as evidence that Anaximander was influenced by folk meteorology. Thus, this inquiry identifies a plausible origin of one of Anaximander's central philosophical ideas, an origin which has so far remained completely unexplored by scholars of ancient Greek philosophy. The Fragment of Anaximander Anaximander is famous among Greek scholars for the central role he gave to the concept of justice (dikê) in his natural philosophy. The one fragment of his writings, quoted by Simplicius in his Commentary on Aristotle's Physics (24.18-21), records Anaximander's view on the effect of justice in the physical world: [End Page 2] The things that are perish into the things out of which they come to be, according to necessity, for they pay penalty and retribution... (shrink)

Penal substitution in a theological context is the doctrine that God inflicted upon Christ the suffering which we deserved as the punishment for our sins, as a result of which we no longer deserve punishment. Ever since the time of Faustus Socinus, the doctrine has faced formidable, and some would say insuperable, philosophical challenges. Critics of penal substitution frequently assert that God’s punishing Christ in our place would be an injustice on God’s part. For it is an axiom of retributive (...) justice that it is unjust to punish an innocent person. But Christ was an innocent person. Since God is perfectly just, He cannot therefore have punished Christ. Virtually every premiss in this argument is challengeable. Not all penal substitution theories affirm that Christ was punished for our sins. The argument makes unwarranted assumptions about the ontological foundations of moral duty independent of God’s commands. It presupposes without warrant that God is by nature an unqualified negative retributivist. It overlooks the possibility that the prima facie demands of negative retributive justice might be overridden in Christ’s case by weightier moral considerations. And it takes it for granted that Christ was legally innocent, which is denied by the classic doctrine of imputation. It thus fails to show any injustice in God’s punishing Christ in our place. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:In Defence of War by Nigel BiggarMyles WerntzIn Defence of War Nigel Biggar oxford: oxford university press, 2013. 371 pp. $55.00Nigel Biggar’s recent work, In Defence of War, is, from the first page, a provocative work. Theological defense of military intervention has fallen on hard times in recent decades, though historically the tradition of Christian ethics tilts decidedly in this direction. Over seven chapters, Biggar offers not a (...) comprehensive analysis of just war but in many ways a theological apologia and retrieval of some of its more salient aspects. [End Page 202]Biggar opens his book by taking on the most well-known proponents of Christian pacifism (Stanley Hauerwas, John Howard Yoder, and Richard Hays), finding their collective work wanting on empirical and moral grounds, naming the “Anabaptist distinctive” as “theologically incoherent and morally hypocritical” (60). In the next chapter Biggar begins to unpack his realist account for Christian participation in war, exploring the role of love in combat, arguing that a form of “forgiving retribution” is intrinsic to a Christian account of forgiveness (71). This ethic, central to the moral deliberations of the just war tradition, is a scriptural ethic routinely ignored by pacifists.Throughout the work, Biggar defends against pacifisms of various types, both theological and philosophical. Chapter 5, for example, attends to the philosophical work of David Rodin, a contemporary critic of the just war theory; criticisms against both philosophical and theological pacifism likewise under-gird his chapters on double effect and interventionism. While Biggar gives a good deal of attention to philosophical and political pacifism, his Christian pacifist target seems to be quite narrow. The opening chapter, “Against Christian Pacifism,” focuses on the work of Hauerwas, Hays, and Yoder with the implicit assumption that, having dealt with them, Christian pacifism as such can be shown to be untenable. The reduction of the polyphony of Christian pacifism, however, to this recent Anabaptist-influenced work was not entirely persuasive.Later chapters take up various and often undiscussed aspects of the just war tradition, including the principle of double effect, proportionality, and the relation between the just war tradition and international positive law. In each of these chapters Biggar offers a theological account of war that is rich and multidisciplinary, with analysis that is not strictly analytical but deeply historical. Throughout the book, this reviewer was reminded of Michael Walzer’s classic Just and Unjust Wars, as Biggar peppers his comments with military history and firsthand accounts by soldiers in wars both modern and ancient. As the work unfolds, various case studies such as Kosovo and Iraq ground his discussions, avoiding much of the abstract argumentation that pervades so much literature on war ethics.In the end the virtues of Biggar’s volume lie not with a defeat of pacifism as an alternative approach to Christian ethics but with his careful descriptions and robust assessment of the contours of a Christian realist account of participation in war. Biggar rightly directs us to view just war not as a pragmatic concession but as a complicated facet of the moral life. The chapters on double effect, legal positivism, and especially his defense of the Iraq war as justifiable, are particularly worth the read and should be carefully debated. Biggar has done the discipline a great service by pushing ethicists beyond sloppy tropes and into the deeper waters of careful analysis of what a Christian account of war might look like. [End Page 203]Myles WerntzPalm Beach Atlantic UniversityCopyright © 2015 Society of Christian Ethics... (shrink)

In 1998, I suggested a new text for a notably corrupt passage in Pindar's Isthmian 5. This article is in effect a sequel to that earlier discussion. In the 1998 article, I proposed, inter alia, that the modern vulgate text of I. 5.58, ἐλπίδων ἔκνισ’ ὄπιν, is indefensible and the product of scribal corruption in antiquity, and that chief among the indefensible products of corruption there is the supposed secular use of ὄπις, as if used to mean something like ‘zeal’. (...) This is a sense for which there is no good evidence in classical Greek, where ὄπις always has a delimited religious denotation, meaning either ‘gods’ response’, ‘divine retribution’, or else ‘religious awe’ or ‘reverence’ towards the gods, through fear of that response or that retribution. If we discount I. 5.58 itself, all the pre-Hellenistic attestations can be straightforwardly listed under these headings: Il. 16.388 θεῶν ὄπιν οὐκ ἀλέγοντες, Od. 14.88 ὄπιδος κρατερὸν δέος, Hes. Theog. 221–2 θεαὶ... |... ἀπὸ τῷ δώωσι κακὴν ὄπιν, Pind. P. 8.71–2 θεῶν δ’ ὄπιν | ἄφθονον αἰτέω, sim. Od. 20.215, 21.28, Hes. Op. 187, 251, 706, along with, seemingly, a fragmentary fifth-century Thessalian verse inscription, CEG 1.120.1 Hansen; Hdt. 9.76.2 θεῶν ὄπιν ἔχοντας, 8.143.2. In addition, one other instance can be interpreted as either or, or in effect both: Od. 14.82 οὐκ ὄπιδα φρονέοντες... οὐδ’ ἐλεητύν. In all cases, though, ‘gods’ are specified, usually as a dependent genitive with ὄπις, or else separately but in the near context. Hellenistic and later occurrences of the word are few, and hints there of a secular reading can actually be taken to reflect misunderstandings based on, precisely, the early corruption in I. 5. (shrink)

The Water Margin is one of the four great classical novels of China. It describes how people from different walks of life were driven to become outlaws as a result of poor governance and widespread corruption. These outlaws have been regarded by some commentators as heroes, despite the fact that they perform wanton killing, over retribution, and cannibalism. Liu Zaifu 劉再復 argues that the novel has contributed to the moral downfall of the Chinese people. In this essay, I (...) put forward various arguments in objection to Liu. I think Liu’s argument is unsound, partly because he fails to address the nature of the cultural confrontation between modern readers and The Water Margin. By conducting an evaluation of Liu, I also consider a range of issues concerning how we may understand The Water Margin, and how the novel may morally relate to us in modern society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:REPENTING OF RETRIBUTIONISM Britton W. Johnston Westminster Presbyterian Church, Santa Fe Retributionism refers to the universal common-sense beliefthat the wicked will suffer and the righteous will receive reward. "Theodicy" is the problem ofthejustification ofGod in the light ofthe fact that retributionism is not borne out by our experience. These two concepts have so scandalized the church that theologians can think oflittle else; and as with most true scandals, we (...) have been unable to resolve them, in spite ofour best efforts. Yet, also as with most true scandals, the solution to the problems they present lies in simply choosing not to be scandalized. It is entirely reasonable and faithful to abandon our retributionism. In so doing, we find that the scandals ofretribution and theodicy simply evaporate, and new horizons for theological exploration suddenly open up for us. Happy are those who do not follow the advice ofthe wicked, or take the path that sinners tread, or sit in the seat of scoffers; but their delight is in the law ofthe Lord, and on his law they meditate day and night. They are like trees planted by streams ofwater, which yield their fruit in its season, and their leaves do not wither. In all that they do, they prosper. The wicked are not so, but are like chaffthat the wind drives away. Therefore the wicked will not stand in the judgment, nor sinners in the congregation ofthe righteous, but the way ofthe wicked will perish. (Ps 1,1-6) 162Britton W. Johnston We read these opening words ofthe psalter with a mixture ofcomfort and scandal. We are comforted to read these assurances that there is order to the cosmos God has created; but we are scandalized by the nagging awareness that our experience contradicts the psalmist's claims. In fact, the psalter itself reflects this awareness: "....Such are the wicked; always at ease, they increase in riches" (Ps 73,12). The biblical wisdom tradition, as it matured over time, reflected a growing awareness and a deepening disturbance over the breakdown of retribution. Since God is the obvious enforcer of retribution, the failure of retribution becomes an indictment against God: "Oh, that I had one to hear me! (Here is my signature! Let the Almighty answer me!)" (Job 31,35). This never-quite explicit indictment against God gives rise to the classic problem of the justification of God, also known as the "theodicy problem." It consists ofthree incompatible affirmations: 1.God is righteous (conforms to retribution and is committed to maintaining it); 2.God is powerful (powerful enough to enforce retribution); 3.Injustice exists in creation. Any two of these claims can coexist, but it is logically impossible to maintain all three claims at once. The trouble of course, is that we are committed by faith (our faith in retribution that is) to the first two points; and our experience requires us to acknowledge the third. Therein lies a scandal. All the strategies to resolve the scandal of theodicy are based on attempts to weaken one or more ofthe three affirmations. Strategy one: Relativize our experience of injustice There are basically three versions of this idea. First ofcourse is the claim that in the afterlife there will be punishment for the wicked and reward for the righteous. This approach discounts our lived experience as secondary to a postulated retribution that is beyond our experience. The (second) Eastern version ofthis is reincarnation, the notion that retribution is fulfilled by the working out ofkarma in the cycle of rebirth. Ifyou're bad in this life, you'll be reborn as a goat or something; ifyou're good, you'll get to be a yogi. Third, there is the apocalyptic view that there will be a break in time, Repenting ofRetributionism163 or a future time, when retribution will be fulfilled, but the present time is merely preparation for that day. The trouble, ofcourse, with attempting to relativize our experience is that experience keeps intruding. We see how postulates ofafterlife, or the next life, or the apocalypse, are used to excuse murder. Krishna does it directly; in the Baghavad-Gita, he explicitly instructs Arjuna to kill the Kauravas, assuring him that they'll be reborn to... (shrink)

Why is the Catholic Church against the death penalty? This second edition of Brugger’s classic work _Capital Punishment and Roman Catholic Moral Tradition_ traces the doctrinal path the Church has taken over the centuries to its present position as the world’s largest and most outspoken opponent of capital punishment. The pontificate of John Paul II marked a watershed in Catholic thinking. The pope taught that the death penalty is and can only be rightly assessed as a form of self-defense. But (...) what does this mean? What are its implications for the Church’s traditional retribution-based model of lethal punishment? How does it square with what the Church has historically taught? Brugger argues that the implications of this historic turn have yet to be fully understood. In his new preface, Brugger examines the contribution of the great Polish pope’s closest collaborator and successor in the Chair of Peter, Pope Benedict XVI, to Catholic thinking on the death penalty. He argues that Pope Benedict maintained the doctrinal status quo of his predecessor’s teaching on capital punishment as self-defense, with detectable points of reluctance to draw attention to nontraditional implications of that teaching. (shrink)

A scholarly and systematic treatment of the moral sphere, using the Bergsonian notion of obligation derived from status as a point of departure. It moves, through a treatment of such concepts as the Good, moral freedom, and retribution and immortality, to the conclusion that, though an individual man can be good without believing that God exists, there is no possibility of good if God does not in fact exist. The author's basic context is the Judaic tradition; however he pays (...) more than adequate attention to both classical and modern thinkers outside this tradition. --D. S. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...) influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such (...) a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of. (shrink)

It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...) of the wrong-doer, and the aim to bring this about, can (contra recent arguments from Hanna 2008) be morally justified. -/- It has been suggested that by reflecting on the role of the retributive emotions in interpersonal relationships, and the alleged legitimacy of the aim for the suffering of the wrong-doer within them, support can be garnered for retributive practices of punishment by the state (Duff 1986 and 2001, Bennett 2002 and 2003). The conclusion of the second line of argument in the paper is that whilst the retributive responses can permissibly aim at suffering, the way in which this is so in interpersonal relationships cannot provide support for retributive state punishment. (shrink)