_ On Mercy _, by BullMalcolm. Princeton, NJ: Princeton University Press, 2019. Pp. xii + 191.

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

The reflection that accompanies Christian ethics is concerned with its meaning and originality as seen against the background of various interpretations of morality. It usually includes questions about the characteristic subject matter of its inquiries, assumptions, methods, or inspirations. From the point of view of the considerations undertaken in this article, such reflection should also include the language employed by Christian ethics. In particular, this paper considers the following issues: whether Christian ethics has its specific language; whether it introduces new (...) notions, or assigns specific meanings to notions already present in ethics; and how ethical notions are defined in Christian ethics. These questions are addressed with reference to the philosophical system of Tadeusz Ślipko, one of the most outstanding Polish representatives of Christian ethics. -------------- Received: 11/02/2021. Reviewed: 23/03/2021. Accepted: 10/05/2021. (shrink)

Despite its central position in the history of European and Christian thought on the protection of human dignity, the virtue of mercy is currently a problematic and under-developed concept in business ethics, compared to related ideas of care, compassion or philanthropy. The aim of this article is to argue for its revival as a core principle of ethical business practice. The article is conceptual in method. An overview is provided of the scope of contemporary business ethics research on related topics (...) and clarifies some of the similarities and differences between mercy and popular terms, such as compassion and prosocial behaviour. The question is then explored as to why mercy has so little traction in business ethics. Some of the history of the idea of mercy in European and Anglophone philosophy is discussed, from Anselm and Aquinas to the present day, showing how discourse on mercy came to be split into a wider concept of the prevention and alleviation of suffering (_misericordia_) and a narrower one of clemency or leniency. Aquinas’s wide concept of the virtue of _misericordia_ is developed as the basis for a principle of mercy, which is applicable directly to corporations. The practical implications of this for standards of corporate behaviour towards employees and other stakeholders are then considered through the introduction of a ‘vulnerability grid’. The grid offers a critical contrast to other analysis tools, such as stakeholder power-interest matrices. Cases drawn from empirical studies are used to illustrate application of the grid and to challenge some common assumptions of stakeholder theory. (shrink)

_ The Moral Nexus _, by WallaceR. Jay. Princeton N.J.: Princeton University Press, 2019. Pp. xiii + 306.

Anatomists of criminal justice systems usually ignore the tiny organ called ‘mercy’ or ‘clemency’. Its name and shape may vary from one body politic to another, but its nature and function are uninterestingly obvious.It merely allows benign interference when the programming of the system seems to be having unacceptable effects in special cases.

I endorse an old view that distributive justice can best be understood as people getting what they deserve. John Rawls has several famous arguments to show that such a view is false. I criticize those arguments, but agree that more work needs to be done on the clarification and explanation of the concept of desert in order for the old view to be more than a platitude. I then criticize attempted analyses of the concept of desert by Feinberg, Kleinig, and (...) Miller. I claim that desert must be taken as a primitive concept. However, even though desert is primitive, there still needs to be some account of what sorts of things make a person deserving . Some proposed desert bases include need, personhood, diligence, moral worth, autonomous action, and entitlement. I criticize George Sher's work on autonomous action, diligence, and moral worth, then propose and defend a modified version of the view that all legitimate desert bases are either virtues or vices. (shrink)

Anslem raised a puzzle about mercy: How can anyone (God, say, or a judge) be both just and merciful at the same time? For it seemed to Anselm that justice requires giving people what they deserve, while being merciful involves treating people less harshly than they deserve. This puzzle has led to a number of analyses of mercy. But a strange thing emerges from discussions of this topic: people seem to have wildly divergent intuitions about putative cases of mercy. Examples (...) that are taken by some to be paradigm cases of mercy are seen by others to be clear instances of non-mercy. This phenomenon gives rise to a new puzzle: Why is it that people seem to have such wildly divergent intuitions about putative examples of mercy? This paper proposes a new analysis of mercy that provides solutions to both of these puzzles about mercy. (shrink)

I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...) practice’s amounting to mercy lends it justificatory support, while its qualifying as mercy under certain morally neutral definitions provides no basis for considering it justified. (shrink)

Contemporary philosophers often construe mercy as a supererogatory notion or a matter of punitive leniency. Yet it is false that no merciful actions are obligatory. Further, it is questionable whether mercy is really about punitive leniency, either exclusively or primarily. As an alternative to these accounts, I consider the view offered by St. Thomas Aquinas. He rejects the claim that we are never obligated to be merciful. Also, his view of mercy is not restricted to legal contexts. For him, mercy's (...) scope is considerably broader, as it concerns a wide range of needs and hardships to which human beings are vulnerable. Such a view, I submit, affords a kind of normative depth lacking in many contemporary accounts. Unlike those views that construe mercy as either a supererogatory or legal concept, Aquinas's account illuminates mercy's obligatory nature and encourages us to make mercy a more salient fixture of our moral lives. (shrink)

I offer a solution to an old puzzle about how God can be both just and merciful at the same time—a feat which seems required of God, but at the same time seems impossible since showing mercy involves being more lenient than justice demands. Inspired by two of Jesus’ parables and work by Feinberg, Johnson and Smart, I suggest that following a “principle of merciful justice”—that persons ought to receive what they deserve or better—delivers mercy and justice simultaneously, certainly in (...) cases of distributions of goods, and even in cases of distribution of harms as well, if we can accept some qualifications. (shrink)

En la literatura jurídico penal, el arrepentimiento cobra relevancia en un lugar específico: la condena, más precisamente, en la determinación de la pena del sujeto que ha sido encontrado responsable por la comisión de un delito y que, a su vez, se encuentra arrepentido por su accionar. Desde la concepción comunicativa del castigo, en este trabajo contestaré las siguientes preguntas: ¿El arrepentimiento significa un menor reproche penal o es indiferente para la determinación de la pena? en caso de que implique (...) un acercamiento al castigo mínimo establecido en la legislación ¿Cuándo es razonable que esto suceda? (shrink)