ABSTRACTLove is the basis for a moral psychology of forgiveness. I argue for an account of love based on Roy Bhaskar's conception of its five circles, and of the ethical nature of human beings as concrete universals/singulars. Linking this to work of ‘The Forgiveness Project’, I argue that forgiveness can be understood metaphysically in terms of its relation to love of self, of the other, of the relation of self and other, of self, other and the wider community, and of (...) self and other in their ontological depth as unique individuals. Forgiveness involves both a ‘giving to’ and a ‘giving up’, and this can lead to a profound sense of identity between a victim and a perpetrator. Forgiveness is different for each person; it may draw upon a public/legal setting as a proxy for universal judgement; and it confronts social-structural and political elements which may block its development. (shrink)

In this wide-ranging interview Alan Norrie discusses how he became involved with Critical Realism, his work on Dialectical Critical Realism, and responses to it amongst the Critical Realist communi...

How does the human animal who thinks and loves relate to criminal justice? This essay takes up the idea of a moral psychology of guilt promoted by Bernard Williams and Herbert Morris. Against modern liberal society’s ‘peculiar’ legal morality of voluntary responsibility, it pursues Morris’s ethical account of guilt as involving atonement and identification with others. Thinking of guilt in line with Morris, and linking it with the idea of moral psychology, takes the essay to Freud’s metapsychology in Civilization and (...) Its Discontents. Two conflicting routes to guilt are noted in Freud, one involving internalisation of external anger to suppress destructive instincts, the other loving identification with others in the process of self-formation. This second route is developed through the psychoanalytic thought of Hans Loewald and Jonathan Lear. Following Loewald, the moral psychology of self-formation makes loving identification with others the root of responsibility, guilt and atonement. Following Lear, the moral psychology of guilt developed on these lines renders psychoanalysis part of a broadly understood philosophical project following Aristotelian and Socratic principles. Underlying Morris’s account of guilt is the possibility of ‘prospective identification’, understood as the moral and psychological ground of guilt and reconciliation. This is the rational core of criminal justice, which maintains an uneasy relationship with law’s ‘peculiar’ morality. (shrink)

The focus of this essay is on how we overcome the past by dealing with it. In this setting, the analysis is of the relationship between ‘moral transactions’ concerning blame, guilt, responsibility, apology and forgiveness and the possibility of transition away from states of trauma. The first section draws on previous work to set out a position on human love as the basis for an understanding of guilt and the ‘moral grammar’ of justice. The second section considers Martha Nussbaum’s claim (...) in Anger and Forgiveness that the idea of transition should be prioritized at the cost of a moral transactional analysis that would engage the moral grammar of blame, guilt, responsibility, apology and forgiveness. The latter is seen as potentially obstructing the transition to a better world. I suggest to the contrary there are grounds for thinking that a successful transition requires relevant moral transactions. (shrink)

Introduction: Natural necessity, being, and becoming -- Accentuate the negative -- Diffracting dialectic -- Opening totality -- Constellating ethics -- Metacritique I : philosophy's primordial failing -- Metacritique II : dialectic and difference -- Conclusion: Natural necessity and the grounds of justice : natural necessity as material meshwork.

The focus of this essay is on how we overcome the past by dealing with it. In this setting, the analysis is of the relationship between ‘moral transactions’ concerning blame, guilt, responsibility, apology and forgiveness and the possibility of transition away from states of trauma. The first section draws on previous work to set out a position on human love as the basis for an understanding of guilt and the ‘moral grammar’ of justice. The second section considers Martha Nussbaum’s claim (...) in Anger and Forgiveness that the idea of transition should be prioritized at the cost of a moral transactional analysis that would engage the moral grammar of blame, guilt, responsibility, apology and forgiveness. The latter is seen as potentially obstructing the transition to a better world. I suggest to the contrary there are grounds for thinking that a successful transition requires relevant moral transactions. (shrink)

The focus of this essay is on how we overcome the past by dealing with it. In this setting, the analysis is of the relationship between ‘moral transactions’ concerning blame, guilt, responsibility, apology and forgiveness and the possibility of transition away from states of trauma. The first section draws on previous work to set out a position on human love as the basis for an understanding of guilt and the ‘moral grammar’ of justice. The second section considers Martha Nussbaum’s claim (...) in Anger and Forgiveness that the idea of transition should be prioritized at the cost of a moral transactional analysis that would engage the moral grammar of blame, guilt, responsibility, apology and forgiveness. The latter is seen as potentially obstructing the transition to a better world. I suggest to the contrary there are grounds for thinking that a successful transition requires relevant moral transactions. (shrink)

Christian Smith’s To Flourish or Destruct is a thorough, sustained, and impassioned argument for what the author calls ‘critical realist personalism’. This is an ontologically based theory of the p...

This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.

What is law? How is legal responsibility defined? How does law reflect moral judgment? Why are law's definitions uncertain and conflicted? Basic questions for liberal law and criminal justice - what could they have to do with the forgotten historical figure of the Beautiful Soul? Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Liberal law, he argues, is marked by splits and contradictions (antinomies), signs of (...) something missed. Traced historically, such conflicts can be read today in law's treatment of legality and justice, judgment and responsibility. A critical understanding must also be self-critical. From splits in law, Norrie moves to the split in critique: between its socio-historical and ethical forms. Drawing on critical realism and deconstruction, on the dialectics of Hegel, Adorno and Bhaskar, he argues for a form of critical thought that is at once historical and ethical. Thinking critically about critique finally leads to the Beautiful Soul, and its unexpected relation to law. These essays will be of interest to academics and advanced students of legal theory; criminal law, criminology and criminal justice; law and social theory; and critical legal studies. (shrink)

This essay considers the two-way relation between critical realism and psychoanalysis. Critical realism vindicates and deepens our understanding of ontology by drawing on the sciences for which it...

In this article I argue for a full appraisal of Hobbes's theory of punishment which takes account of its divergent and contradictory aspects. Examining his theory within the general context of his position in Leviathan, it is possible to see its centrality for the subsequent development of the modern philosophy of punishment. From this point of view, it is also possible to pinpoint the source of a central weakness in the retributive theory of punishment.

ABSTRACTThis essay considers the nature of mourning and melancholia in light of Patrizio Guzman’s film, Nostalgia for the Light. It examines the position of three women dealing with the aftermath o...

This essay argues that Didier Fassin’s ‘The Will to Punish’ reveals the social grounds for a ‘persecutory impulse’ in modern punishment, which sits alongside a ‘humanising trace’. The challenge for a critical theory of modern penality is to think through this strange combination. The work of Melanie Klein and Freud, properly interpreted, can illuminate its conjunction and disjunction.

This essay argues that critical realism provides a philosophical perspective from which to talk about good and evil. It draws on dialectical critical realism’s meta-ethics of freedom and solidarity, and the different grades of freedom identified there: from the basic spontaneity in agency to the possibility of a fully flourishing, eudaimonic social condition. It argues that evil acts can be understood as those which fundamentally deny basic human freedom (spontaneity) and solidarity, and that good acts are those which affirm human (...) flourishing and solidarity. It draws upon Hannah Arendt’s depiction of what was morally evil in the Holocaust, and recent English criminal trials involving mercy killing to depict the good. It suggests that moral framing in terms of good and evil lies beyond the terms in which modern law thinks of human actions. (shrink)

Through dialectical critical realism, Roy Bhaskar has made an important contribution to two different theoretical traditions. One is the philosophy of critical realism, where he aims for a more supple and reflexive approach. The other is dialectical theory, which he seeks to undergird and recast by locating on a realist terrain. Here an important question is how recasting affects existing dialectical thought. Bhaskar's own writings focus in this regard on dialectical critical realism's relation to Hegel. This paper addresses it by (...) comparing and contrasting dialectical critical realism with Theodor Adorno's negative dialectics, the approach which probably comes closest to dialectical critical realism. The first two main sections are accordingly directed to developing an account of Bhaskar's dialectical critical realism and comparing it to Adorno's negative dialectics. My argument is that what Bhaskar and Adorno have in common is a commitment to a realist ontology, but that Adorno's account is limited by a competing tendency towards irrealism. This gives his negative dialectics an unstable foundation, and this is brought out by the comparison with dialectical critical realism. The third and fourth sections bring out the implications of this tension for Adorno's account of modern freedom in his Negative Dialectics. Three competing views are identified, and it is argued that these coher on the basis of a realist reading of his analysis. An irrealist reading reduces them to incoherence. (shrink)

This essay considers how we talk in moral terms about crime and punishment using a framework that comes from psychoanalysis. The idea of the human as a metaphysical animal, an animal that thinks and loves, is given a naturalistic explanation in Freudian metapsychology as it was developed by Melanie Klein and Hans Loewald. While the former helps us understand the desire to punish as the enjoyable return of pain for pain, the latter indicates how mature human beings seek to pursue (...) a sense of wholeness. This understanding of moral psychology is applied to thinking about criminal justice where three ethical stances are identified, the vindictive, the vindicative and the validatory. The vindictive and the vindicative represent a compromise formation in law which excludes a broader validatory process aimed at truthful human reconciliation. (shrink)

. The modern interpretation of Smith as a retributive theorist of punishment is challenged in favour of a view of his work as containing a curious amalgam of retributive and utilitarian elements. This unsynthesised theoretical compound accounts for many of the contradictory positions assumed by him, examples of which are given in the article. At the level of “punishment” , the retributivehtilitarian dichotomy is observed in his discussions of merit and demerit and propriety and impropriety . At the level of (...) state punishment, the same dichotomy is seen in his juxtaposition of considerations of individual justice and the political ends of punishment. A final section locates Smith's “double cleft stick” theoretically in his position on the one hand in the Hobbesian materialist tradition and on the other in his historical stance half‐way between the individualism of the contractarians and the full blown utilitarianism of Bentham. (shrink)

In this response to John Roberts’s essay in JCR 12 2013, I argue that Roberts presents Hegel in a one-sided way that stresses the negative, critical side of his thinking and misses its rationally resolutive side. At the same time, he mislocates Roy Bhaskar’s dialectical work and therefore misunderstands it. In terms of ethics, the key to understanding Bhaskar is the constellational relation he devises between ethics and geo-history, leading to a view of modern ethics as constituting a ‘broken dialectic’.

This essay explores what we might mean by good and evil, and argues that these terms remain salient for a critical, socio-historical, understanding of criminal law. It draws upon a meta-ethics of freedom and solidarity to explain what good means in recent mercy killing cases in England and Wales, and what evil means in Arendt’s phrase, the ‘banality of evil’.

Editor’s NoteThanks to the initiative of Alan Norrie, we are pleased to present here a symposium on Nick Wilson’s book The Space that Separates: A Realist Theory of Art. Several authors have contri...

In this essay I evaluate Larry Alan Busk’s critique of contemporary democratic theorists and contemporary “democratic” politics in Democracy in Spite of the Demos in the context of Carl Schmitt’s critique of modern democracy. I argue that Busk shares Schmitt’s general conception of democracy and of the dangers attending any appeal to it. Though Busk presents Herbert Marcuse and Theodor Adorno as alternatives to the current crop of democratic theorists, I demonstrate that Marcuse fell prey to the most significant (...) of the paradoxes and ambivalences that Schmitt prognosticated. Adorno, I argue, is less unsteady an ally, but one that stays further back from politics than Busk evidently wishes. In the end, Busk’s Schmittian critique of democracy and democratic theory extends further than he himself suggests and reveals, not to a solution to our problems, but a new way of understanding them and their severity. (shrink)

This article responds to four critics of Democracy in Spite of the Demos and reiterates its central thesis. Christopher Holman and Théophile Pénigaud attempt to maintain the critical value of democracy by invoking different elements of the deliberative tradition, while Benjamin Schupmann answers my charges by appealing to a strong liberal constitutionalism. I argue that these attempts repeat the ambivalence described and criticized in the book: democracy is taken as an end in itself, but with asterisks that introduce conditions and (...) qualifications. As long as democracy is only desirable given certain caveats, the critical weight is placed on these caveats and not on the figure of democracy. Andrew Norris takes a different approach, interrogating the book’s use of ideology critique and the concept of “socially necessary delusion.” This intervention presents difficulties to the concluding suggestion of the book, but I maintain that that these difficulties can be productive and generative rather than limiting or prohibitive. (shrink)

Precautionary Criminalisation in an Age of Vulnerable Autonomy Content Type Journal Article Category Book Review Pages 1-3 DOI 10.1007/s11572-012-9142-4 Authors Jonathan Simon, Adrian A Kragen Professor of Law, University of California, Berkeley, CA, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

In this new edition of his acclaimed autobiography — long out of print and rare until now — Alan Watts tracks his spiritual and philosophical evolution from a child of religious conservatives in rural England to a freewheeling spiritual teacher who challenged Westerners to defy convention and think for themselves. From early in this intellectual life, Watts shows himself to be a philosophical renegade and wide-ranging autodidact who came to Buddhism through the teachings of Christmas Humphreys and D. T. (...) Suzuki. Told in a nonlinear style, In My Own Way wonderfully combines Watts’ own brand of unconventional philosophy and often hilarious accounts of gurus, celebrities, psychedelic drug experiences, and wry observations of Western culture. A charming foreword written by Watts’ father sets the tone of this warm, funny, and beautifully written story of a compelling figure who encouraged readers to “follow your own weird” — something he always did himself, as his remarkable account of his life shows. (shrink)

Co-published with the University of Queensland Press. HPC holds rights in North America and U. S. Dependencies. Since its first publication in 1976, Alan Chalmers's highly regarded and widely read work--translated into eighteen languages--has become a classic introduction to the scientific method, known for its accessibility to beginners and its value as a resource for advanced students and scholars. In addition to overall improvements and updates inspired by Chalmers's experience as a teacher, comments from his readers, and recent developments (...) in the field, this fourth edition features an extensive chapter-long postscript that draws on his research into the history of atomism to illustrate important themes in the philosophy of science. Identifying the qualitative difference between knowledge of atoms as it figures in contemporary science and metaphysical speculations about atoms common in philosophy since the time of Democritus offers a revealing and instructive way to address the question at the heart of this groundbreaking work: What is this thing called science? (shrink)

White searches for the subtler side of Nietzsche beyond his ambiguous support for violence and oppression. He looks at the `yes saying teachings' articulated with the `voice of beauty'.

Since its first publication in 1976, Alan Chalmers's highly regarded and widely read work--translated into eighteen languages--has become a classic introduction to the scientific method, known for its accessibility to beginners and its value as a resource for advanced students and scholars. -- Amazon.com.

In order to come to your senses, Alan Watts often said, you sometimes need to go out of your mind. Perhaps more than any other teacher in the West, this celebrated author, former Anglican priest, and self-described spiritual entertainer was responsible for igniting the passion of countless wisdom seekers to the spiritual and philosophical delights of India, China, and Japan. With Out of Your Mind, you are invited to immerse yourself in six of this legendary thinker's most engaging teachings (...) on how to break through the limits of the rational mind and expand your awareness and appreciation for the great game unfolding all around us. Distilled from Alan Watts’s pinnacle lectures, Out of Your Mind brings you an inspiring new resource that captures the true scope of this brilliant teacher in action. For those both new and familiar with Watts, this book invites us to delve into his favorite pathways out of the trap of conventional awareness, including: • The art of the “controlled accident”—what happens when you stop taking your life so seriously and start enjoying it with complete sincerity • How we come to believe “the myth of myself”—that we are skin-encapsulated egos separate from the world around us—and how to transcend that illusion • Why we must fully embrace chaos and the void to find our deepest purpose • Unconventional and refreshing insights into the deeper principles of Buddhism, Hinduism, Western philosophy, Christianity, and much more. (shrink)

In this interview, Christopher Norris discusses a wide range of issues having to do with postmodernism, deconstruction and other controversial topics of debate within present–day philosophy and critical theory. More specifically he challenges the view of deconstruction as just another offshoot of the broader postmodernist trend in cultural studies and the social sciences. Norris puts the case for deconstruction as continuing the ‘unfinished project of modernity’ and—in particular—for Derrida’s work as sustaining the values of enlightened critical reason in various spheres (...) of thought from epistemology to ethics, sociology and politics. Along the way he addresses a number of questions that have lately been raised with particular urgency for teachers and educationalists, among them the revival of creationist doctrine and the idea of scientific knowledge as a social, cultural, or discursive construct. In this context he addresses the ‘science wars’ or the debate between those who uphold the values of scientific reason, progress and truth, and those (like the ‘strong’ sociologists of knowledge) who would reject such values as merely the expression of a dominant ideological consensus. Norris also discusses the emergence of anti–realism as a strongly marked trend within recent analytic philosophy, one that denies the existence of objective (‘recognition–transcendent’) truths in mathematics, the physical sciences, history and other disciplines. Thus statements are thought of as possessing a truth–value just insofar as we possess some adequate proof–procedure or some means of finding them out through empirical or other methods of enquiry. Norris offers a range of arguments against this anti–realist position and brings out its convergence with various postmodernist lines of thought. Through a running commentary on Derrida’s work in relation to these developments he shows how deconstruction has been misconstrued by sociologists, cultural critics and educational theorists whose understanding has often been based on a limited acquaintance with the primary texts. Above all Norris calls for a renewed engagement with the philosophic discourse of modernity and a willingness to challenge postmodern scepticism and value–relativism in a spirit of open–minded critical debate. (shrink)