This essay argues that the criminal justice system in the United States is flawed because it focuses principally on punishment of illegal actions without considering offenders as persons in their entirety. It considers the role that constructive shame and mercy can play in addressing this flaw. The essay concludes by applying this argument to the case of shaming penalties within criminal justice.

Mutually critical conversations between theology, ethics, and law have been underdeveloped with respect to juvenile justice. I appropriate recent theological work on the rights and agency of children to critique adultcentric approaches to juvenile justice. I focus on recent trends in juvenile justice, including sentencing juveniles to life without the possibility of parole. In developing my polemic against such policies, I analyze Graham v. Florida and the UN Convention on the Rights of the Child and their implications for juvenile justice. (...) The final section constructively proposes juvenile justice reforms and advocates for the elimination of juvenile life sentences without parole. (shrink)

I argue that the aporetic character of clemency must be understood in terms of its unmerited and merited character to achieve the underlying purposes of justice within criminal justice: justice as fairness (punishment must be deserved and proportionate) and justice as restoration (repair of the harm to victims and society and the reintegration of offenders) are paramount goals. Rather than destabilizing political order, pardons can render productive potential tensions between justice as fairness and justice as restoration. Taking as my conceptual (...) point of departure Paul Ricoeur's claims about the suprajuridical and supraethical character of pardon, I develop the argument through three central sections: an excursus into historical and contemporary practices of clemency in the United States; a critical analysis of the merited and unmerited aspects of clemency with respect to remorse and atonement theories within theological and legal discourse; and a normative engagement with pardons and felony disenfranchisement. (shrink)

ECONOMICS AND LAW HAVE HISTORICALLY ATTENUATED THE CONTRIBUtion of ethics in their putative separation of fact and value. In this essay I argue that reconceptualizing the relationships between law, economics, and ethics reveals the shortcomings of positions that disavow ethics. In the first section I contend that thinkers must reread Adam Smith as an economist and a moral philosopher to appreciate his extended treatment of sympathy, conscience, and social justice. In the second section I appropriate the work of Amartya Sen (...) to examine the entanglement of fact and value in deliberating economic choices, including moral motivations and social evaluations that problematize reductive images of economic actors. Finally, I interrogate legal regulation of corporate governance with respect to the Enron scandal and the 2002 Sarbanes-Oxley Act. I argue that legal regulation is a necessary but not sufficient resolution to corporate misconduct because it too enervates ethics and bifurcates fact and value. (shrink)

THIS ESSAY ARGUES AGAINST LEGAL, POLITICAL, AND ETHICAL JUSTIFICAtions for torture. In the expository sections of the essay, I juxtapose international prohibitions against torture with the current U.S. administration's justifications for harsh interrogation methods on the basis of military necessity and presidential prerogative. I examine the systematic and individual causes of the specific abuses at Abu Ghraib that were tantamount to torture. In the constructive sections of the essay, I retrieve the evolving standards of decency from Supreme Court cases and (...) jus cogens peremptory norms from international law. I contend that torture is deontologically wrong and that the administration's arguments on solely teleological grounds are ethically flawed and contradictory. Engaging numerous interlocutors in law, philosophy, and Christian ethics, I reconceptualize the rule of law in terms of moral vision and an emerging moral consensus, and I hold that these terms provide a more adequate framework for evaluating and repudiating the practice of torture. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A World for All? Global Civil Society in Political Theology and Trinitarian Theology ed. by William Storrar, Peter Casarella, and Paul Louis Metzger, and: Public Theology for a Global Society: Essays in Honor of Max L. Stackhouse ed. by Deirdre King Hainsworth and Scott PaethJonathan RothchildA World for All? Global Civil Society in Political Theology and Trinitarian Theology Edited by William Storrar, Peter Casarella, and Paul Louis Metzger (...) Grand Rapids, Mich.: Eerdmans, 2011. 346 pp. $35.00Public Theology for a Global Society: Essays in Honor of Max L. Stackhouse Edited by Deirdre King Hainsworth and Scott Paeth Grand Rapids, Mich.: Eerdmans, 2010. 264 pp. $45.00The intersections of globalization, civil society, and public theological reflection remain fluid, contested, and complicated. Two edited volumes that have shared connections to Princeton’s Center of Theological Inquiry celebrate the contributions of Max Stackhouse (Public Theology for Global Society as a festschrift and A World for All? as a dedication) toward these intersections. Public Theology for a Global Society attends to neo-Calvinist debates about public theology and its applicability to family, finance, and technology, while A World For All? explores religious beliefs and practices in their contexts, the meanings of the Trinity, and the prospects for cultural, political, and religious dialogue within civil society.In Public Theology for a Global Society, the contributors engage Stackhouse’s work in terms of its “global reach and its ecclesial concern” (ix). The essays consider five overarching themes: covenant, natural law, and human rights; social pluralism and social justice; Christian responsibility for society; economic and political realism; and Christian ethics in a global era. One of the book’s strengths is that it ambitiously probes—as Stackhouse’s own work does—the substantive interrelationships of these themes. Harold Breitenberg’s opening essay clarifies the meanings of public theology, but it does not account for recent developments, including comparative interventions that reconstruct modes of public theology.In the second section on key issues in public theology, John Witte speculates on whether Stackhouse would accept sixteenth-century Calvinist thinker Johannes Althusius’s “‘different and ‘even dangerous’” (36) theory of natural law. [End Page 205] Witte’s query, which begs comparisons vis-à-vis Catholic models of public theology frequently neglected in the book, is critically addressed by Don Browning’s essay. Browning’s theology of covenant includes a subordinate theory of natural law because “the concept of covenant cannot stand alone” (49). Other essays include reflections on covenant by Hak Joon Lee (which reconstructs Abraham Kuyper’s theory of sphere sovereignty) and Richard Mouw (which analyzes neo-Calvinist conceptions of law, covenant, and common morality). Similar to Browning’s caution to Stackhouse, Mouw censures a complete rejection of natural law (104); pace Browning’s critique, Mouw applauds Stackhouse’s insistence on the prominence of covenant in neo-Calvinist ethical and social theory. Interrogation of these disagreements by either the editors or the contributors would have strengthened the book.The book’s third section examines public theology in a global context. Differing from Stackhouse, William Schweiker charts the basic anthropological and existential components of a cosmopolitan conscience to overcome the universalist and particularist difficulties within public theology (134–38). Other thinkers appropriate interreligious dialogue as constructive models. Mark Heim contends that, in the face of massive global suffering, interreligious dialogue must promote human flourishing. Scott Paeth similarly sees dialogue as a mechanism for overcoming religiously motivated violence (166). Peter Paris, Shirley Roels, and Deirdre King Hainsworth all point to various features of technology as pathways to new articulations of public theology. In the concluding section, the contributors fittingly focus on the legacy of Stackhouse, namely, his long-standing interests in justification, justice, congregational life, and a “sobered version of Reformed theology vis-à-vis institutional responsibility and the retrieval of its theological substance” (Gabriel Fackre, 247).A World for All?, borne out of a 2005 conference in Edinburgh, approaches globalization within the modern ecumenical movement as illustrated by the affiliations of its three editors: William Storrar (ecumenical Protestant), Peter Casarella (Catholic), and Paul Metzger (Evangelical). The book examines the broader trajectories of globalization in conversation with “examples of churches around the world... playing a vital part... (shrink)