This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within (...) ordinary criminal proceedings. Second, I examine work done on the use of criminal trials under the emotionally stressful circumstances of post-conflict societies. In the conclusion I sketch a theoretical proposal for moving the discussion forward. (shrink)

‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, for example, that (...) we cannot expect people to support such optimistic theories democratically, calling their feasibility into question. Taking the civic republican theory as an exemplar of optimistic theories, we argue that it does not fail this feasibility test. We review recent empirical research, including studies of our own, to support the claim that, far from being brute retributivists, human beings are generally satisfied only with punishment that delivers something other than mere retribution. And we show that this coheres very closely with the goals and policies that civic republicanism would support, as it may be expected to cohere also with other optimistic proposals. (shrink)

Despite its cultural prominence, shaming has been neglected in moral philosophy. I develop an overdue account of shaming, which distinguishes it from both blaming and the mere production of shame. I distinguish between two kinds of shaming. Agential shaming is a form of blaming. It involves holding an individual morally responsible for some wrongdoing or flaw by expressing a negative reactive attitude towards her and inviting an audience to join in. Non-agential shaming also involves negatively evaluating a person and inviting (...) an audience to join in. Yet it is not a form of blaming, because the shamer does not hold the target morally responsible for anything. For example, we non-agentially shame people for their body shapes, for having periods, or for being victims of rape. Non-agential shaming involves the expression of an emotionally toned objective attitude, like disgust. While agential shaming enforces social norms, non-agential shaming enforces social standards. (shrink)

This paper provides a discussion of the role that emotions may play in the justification of punishment. On the expressivist account of punishment, punishment has the purpose of expressing appropriate emotional reactions to wrongdoing, such as indignation, resentment or guilt. I will argue that this expressivist approach fails as these emotions can be expressed other than through the infliction of punishment. Another argument for hard treatment put forward by expressivists states that punitive sanctions are necessary in order for the law (...) to be valid. But this justification of punishment, too, is unconvincing. There are no good reasons to assume that we have to resort to punitive measures in order to vindicate the law. I will then raise the more general worry whether there is any intelligible link at all between moral emotions such as indignation, resentment or guilt and retributive behaviour. I will finally conclude with some sceptical remarks on the moral worth of retribution. (shrink)

Should the norms of honor cultures be classified as a variety of morality? In this paper, we address this question by considering various empirical bases on which norms can be taxonomically organised. This question is of interest both as an exercise in philosophy of social science, and for its potential implications in meta-ethical debates. Using recent data from anthropology and evolutionary game theory, we argue that the most productive classification emphasizes the strategic role that moral norms play in generating assurance (...) and stabilizing cooperation. Because honor norms have a similar functional role, this account entails honor norms are indeed a variety of moral norm. We also propose an explanation of why honor norms occur in a relatively unified, phenotypically distinctive cluster, thereby explaining why it is tempting to regard them as taxonomically distinct. (shrink)

In this paper, we will re-elaborate the notions of filter bubble and of echo chamber by considering human cognitive systems’ limitations in everyday interactions and how they experience digital technologies. Researchers who applied the concept of filter bubble and echo chambers in empirical investigations see them as forms of algorithmically-caused systems that seclude the users of digital technologies from viewpoints and opinions that oppose theirs. However, a significant majority of empirical research has shown that users do find and interact with (...) opposing views. Furthermore, we argue that the notion of filter bubble overestimates the social impact of digital technologies in explaining social and political developments without considering the not-only-technological circumstances of online behavior and interaction. This provides us with motivation to reconsider this notion’s validity and re-elaborate it in light of existing epistemological theories that deal with the discomfort people experience when dealing with what they do not know. Therefore, we will survey a series of philosophical reflections regarding the epistemic limitations of human cognitive systems. In particular, we will discuss how knowledge and mere belief are phenomenologically indistinguishable and how people’s experience of having their beliefs challenged is cause of epistemic discomfort. We will then go on to argue, in contrast with Pariser’s assumptions, that digital media users might tend to conform to their held viewpoints because of the “immediate” way they experience opposing viewpoints. Since online people experience others and their viewpoints as material features of digital environments, we maintain that this modality of confronting oneself with contrasting opinions prompts users to reinforce their preexisting beliefs and attitudes. (shrink)

Richard Nisbett and Dov Cohen’s (1996) influential account of “cultures of honor” speculates that honor norms are a socially-adaptive deterrence strategy. This theory has been appealed to by multiple empirically-minded philosophers, and plays an important role in John Doris and Alexandra Plakias’ (2008) antirealist argument from disagreement. In this essay, I raise four objections to the Nisbett-Cohen deterrence thesis, and offer another theory of honor in its place that sees honor as an agonistic normative system regulating prestige competitions. Since my (...) account portrays honor norms as radically different from liberal ones, it actually strengthens Doris and Plakias’ case in some respects: cultures of honor are not merely superficially different from Western liberal ones. Nonetheless, the persistent appeal of honor’s principles, and their moral plausibility in certain contexts, suggests not antirealism, but pluralism—a reply on behalf of realism that itself has considerable empirical support. (shrink)

This paper assesses two accounts of what it means to have a moral responsibility. According to the desert account, moral responsibility amounts to deserving credit or blame for doing or failing to do things. According to an alternative theory, the demand account, moral responsibility amounts to being subject to a moral requirement, such as an obligation or duty. On this account, moral responsibility identifies the presence of a moral demand that may or may not be accompanied by desert. Experiments are (...) conducted to test these accounts in ordinary moral judgment. Results indicate that moral judgment has both a demand and a desert function, that responsibility can pattern with the demand function, and that responsibilities are attributed without blame, criticism, or punishment when several determinants of moral judgment, such as conscious awareness, intention, belief, and neurodeterminism are manipulated. Results also suggest that having a responsibility is distinguished from being responsible for something, that the latter can pattern with the desert function, and that paradoxically, one can have a responsibility that one is not responsible for. These findings advance our understanding of moral responsibility, the processes underlying moral judgment in moral psychology, and conceptual clarity in moral philosophy. (shrink)

In this paper, we do three things. First, we put forth a novel hypothesis about judgments of moral responsibility according to which such judgments are a species of explanatory judgments. Second, we argue that this hypothesis explains both some general features of everyday thinking about responsibility and the appeal of skeptical arguments against moral responsibility. Finally, we argue that, if correct, the hypothesis provides a defense against these skeptical arguments.

Skeptical worries about moral responsibility seem to be widely appreciated and deeply felt. To address these worries—if nothing else to show that they are mistaken—theories of moral responsibility need to relate to whatever concept of responsibility underlies the worries. Unfortunately, the nature of that concept has proved hard to pin down. Not only do philosophers have conflicting intuitions; numerous recent empirical studies have suggested that both prosaic responsibility judgments and incompatibilist intuitions among the folk are influenced by a number of (...) surprising factors, sometimes prompting apparently contradictory judgments. In this paper, we show how an independently motivated hypothesis about responsibility judgments provides a unified explanation of the more important results from these studies. According to this ‘Explanation Hypothesis’, to take an agent to be morally responsible for an event is to take a relevant motivational structure of the agent to be part of a significant explanation of the event. We argue that because of how explanatory interests and perspectives affect what we take as significant explanations, this analysis accounts for the puzzling variety of empirical results. If this is correct, the Explanation Hypothesis also provides a new way of understanding debates about moral responsibility. (shrink)