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.

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.

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)

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)

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)

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 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...

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.

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...

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.

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’.

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)

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’.

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)

. 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)

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)