In the Philosophy of Right, Hegel claims that crime is a negation of right and punishment is the “negation of the negation.” Punishment, for Hegel, “annuls” the criminal act. Many take it that Hegel endorses a form of retributivism—the theory that criminal offenders should be subject to harsh treatment in response and in proportion to their wrongdoing. Here I argue that restorative criminal justice is consistent with Hegel's remarks on punishment and his overall philosophical system. This is true, in part, (...) because restorative justice integrates Hegel's instructive discussion of confession and forgiveness in the Phenomenology of Spirit. Hegel claims that true moral relationships allow space for persons to confess their moral shortcomings and forgive the shortcomings of others. Restorative criminal justice brings the perpetrators and victims of crime together to offer confessions and forgiveness and to work to heal the various wounds caused by crime. I do not claim that Hegel must be read as advocating restorative justice. While Hegel tells us what punishment does, he does not commit himself to any form of punishment. What I offer here is a rational, progressive reconstruction and extension of Hegel's conception of crime and punishment. (shrink)

Environmental philosophies concerning our obligations to each other and the natural world too rarely address the aftermath of environmental injustice. Ideally we would never do each other wrong; given that we do, as fallible and imperfect agents, we require non-ideal ethical guidance. Margaret Walker’s work on moral repair and Annette Baier’s work on cross-generational communality together provide useful hermeneutical tools for understanding and enacting meaningful responses to intergenerational injustice, and in particular, for anthropogenic climate change. By blending Baier’s cross-generational approach (...) with Walker’s emphasis on victim subjectivity and moral repair, I propose that a reparative model of intergenerational justice can provide some much needed direction on non-ideal moral issues comparatively neglected in climate-ethics debates today. (shrink)