In her recent book The Limits of Blame, Erin Kelly argues that we should rethink the nature of punishment because delivering blame is, contrary to the widely held view, not among the justifiable aims of a criminal justice system. In this paper, firstly, I discuss her case against criminal blame. Kelly argues that the emphasis on blame in the criminal justice system and in public discourse is one of the main causes of the stigma and exclusion faced by those convicted (...) for a crime. This claim might appear puzzling and, while she provides other convincing arguments against criminal blame, Kelly does not extensively defend this particular argument. To offer support for this view, I reflect on the often overlooked distinction between moral blame and criminal blame to show how the latter, unlike the former, is exclusionary and stigmatising. Secondly, I address the claim put forth by Kelly that blame should play no role in the criminal justice system at all. In light of her argument about the optional nature of moral blame, I explore the possibility that the state should leave open to victims the option to blame criminal wrongdoers in restorative justice conferences. I argue that in such contexts blame would not have the same exclusionary features of criminal blame in traditional settings and that it could serve some valuable aims articulated by communicative theories of punishment, such as the restoration of moral relationships. (shrink)

When we appraise others as talented or virtuous, we esteem them: we register admiration of their traits and virtues. It is generally believed that, unless they involve a violation of respect, distributions of esteem are not a concern from the point of view of justice. In this paper, I want to dispute this commonly-held view. I will argue that attributions of esteem can become problematic when a particular trait becomes such a uniquely relevant source of social esteem in a community (...) that its absence becomes a reason to regard others as less than full members of the community. For instance, in contemporary capitalist societies those perceived as lacking certain socially valued traits and unable or unwilling to make certain kinds of contribution to the community, such as those who are unemployed or have committed criminal offences, are widely disesteemed and also regarded as inferior qua members of the community by others. From the fact that they fail to possess particular qualities a broader negative judgment of their ability to contribute to the community is inferred. Moreover, their failure to gain esteem in these pervasive domains eclipses their possession of other esteem-worthy traits as well as other positive contributions they might have made to society. This perception of inferiority renders it impossible for them to live on equal terms with other citizens. I argue that as egalitarians we should oppose these distributions of esteem. (shrink)