I start by presenting an intuitively appealing account of forgiveness, ‘the insult account’, which nicely explains the cycle from wrongdoing to forgiveness. We need to respond to wrongdoing by blaming our offenders because they insult us with their actions, 529–55, 2001; Hampton 1988a, b). How can wrongdoing be overcome? Either by the retraction of the insult or by taking necessary steps to correct for the wrong done. Once the insult has been retracted, usually by apology or remorse, forgiveness can come (...) about. Martin The Journal of Philosophy, 107, 534–53, has recently criticized this promising account of forgiveness. My aim here is to defend an improved version of the ‘insult account’. I propose an account of earned forgiveness through apology, which shares features with the ‘insult account’ criticized by Martin, but also improves upon problems found in the ‘insult account’. This new account will successfully solve the puzzle of forgiveness. Drawing on Bovens’ account of apologies, I argue that apologies uniquely earn the wrongdoer’s forgiveness. I finally address a concern about the relation between apologies and forgiveness, recently raised by Hallich Ethical Theory and Moral Practice, 16, 999–1017,. I argue that my expressive view of what the function of apologies is will answer his skepticism about apologies. (shrink)

IntroductionThe possibility of prospective apologies has been ignored and conditional apologies have typically been thought to be insincere, deceptive, or at the very least, not meaningful. In large part this is because authors have attended to a particular suite of psychological features of those who issue an apology, and the presence of this suite of features has been taken to provide evidence that an apology is meaningful, while the absence of said psychological features is taken to provide evidence that the (...) apology is not meaningful. Since there is prima facie good reason to suppose that no agent issuing a conditional or prospective apology could have (all) of these psychological features, it has been largely assumed that such apologies cannot be meaningful. This paper argues that this is a mistake. More careful consideration of prospective and conditional apologies suggests that they can be meaningful. That, in turn, suggests that we should look more closely at the role of these f. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

Businesses increasingly rely on algorithms that are data-trained sets of decision rules (i.e., the output of the processes often called “machine learning”) and implement decisions with little or no human intermediation. In this article, we provide a philosophical foundation for the claim that algorithmic decision-making gives rise to a “right to explanation.” It is often said that, in the digital era, informed consent is dead. This negative view originates from a rigid understanding that presumes informed consent is a static and (...) complete transaction. Such a view is insufficient, especially when data are used in a secondary, noncontextual, and unpredictable manner—which is the inescapable nature of advanced artificial intelligence systems. We submit that an alternative view of informed consent—as an assurance of trust for incomplete transactions—allows for an understanding of why the rationale of informed consent already entails a right to ex post explanation. (shrink)

When A wrongs B while C observes, or when B tells C afterward, C might apologize. This could seem to be an imprecise or merely metaphorical use of the word ‘apology’ to refer to an expression of sympathy. But this short paper explains how third-party apologies function as apologies (they restore respect to B, the victim, that was undermined by the wrongdoer A); it explains why such an apology could be morally necessary on C's part; and it provides a preliminary (...) account of the components of a third-party apology. (shrink)

Focusing on Australian Prime Minister Kevin Rudd’s 2008 apology to the Stolen Generations, this article asks: can colonial-settler states obtain forgiveness through political apologies? The article first defends Jacques Derrida’s observation that political apologies resemble the Christian practice of confession. In doing so, it subsequently draws on Michel Foucault’s detailed treatise on confession in order to assess the potential for absolution. For Foucault, the process of engaging in exhaustive truth-telling of sin before a demarcated authority provides a route to such (...) atonement. By contrast, any potential unburdening of sin is lost when there is either no adequate authority to coax the confession or if the confession is less than full. The problem for the settler state is that it is predisposed to re-evoking the imaginary of the settler nation and Westphalian sovereignty in the very process of apologising. Consequently, there is no scope to submit before a higher sovereign body and any truth-telling is necessarily partial. As such, the central argument is that forgiveness for the settler state must remain elusive. The political opportunities arising from this for Indigenous peoples are discussed in the final section. (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

Are there wrongs for which states cannot apologise? In this chapter, I argue that the answer is 'Yes'. I begin with the simple observation that reasoning as a state official requires a conception of what officials do, and so a conception of what is - and is not - properly undertaken on behalf of the state. To act as an official, then, requires a theory of what happens in a well functioning state: it requires a 'normative theory of the state. (...) What officials believe to be necessary for a state to be a good example of its kind will affect what they recognise as outside the bounds of what a state official ought to do. This limit on what can be recognised as something prior officials ought not to have done is illustrated by Canada's official apology for imposing residential schools on indigenous peoples. Canada's official apology left out a crucial feature of the schools policy in part because of the influence of integrationist theories of the state. An integrationist view of good statehood has limited officials' ability to see the project of restructuring indigenous communities and inculcating attachment to an overarching identity as a wrong in itself, and distorted officials' diagnosis of what went wrong in previous policy. One effect has been to allow contemporary officials to offer a sincere and comprehensive apology for past officials' human rights violations in indigenous communities while themselves pursuing policies in these communities that violate human rights. The lesson of the Canadian apology is that how state officials theorise the state can undermine their capacity to recognise human rights violations for what they are and distort their judgements of what must be done in remedy. (shrink)

While the mechanisms of apology, forgiveness and reconciliation receive considerable scru-tiny, little attention has been afforded the non-apology. This counterfeit, confected typically by false substi-tution or mis-direction, adds moral insult to moral wrong. The paper elucidates the normative structural relationship among apologiser, the apologetic disposition, and the apology and defends the view of the non-apology as the pretended willingness to recalibrate the moral positional relationship among apologiser, wronged, and wrong without actually doing so.