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Making Amends: Atonement in Morality, Law, and Politics PDF

255 Pages·2009·0.58 MB·English
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Making Amends This page intentionally left blank Making Amends linda radzik Atonement in Morality, Law, and Politics 1 2009 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2009 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Radzik, Linda, 1970– Making amends : atonement in morality, law, and politics / Linda Radzik. p. cm. Includes bibliographical references. ISBN978-0-19-537366-0 1. Responsibility. 2. Atonement. 3. Reparation (Criminal justice) 4. Restitution. 5. Reconciliation. 6. Restorative justice. 7. penance. I. Title. BJ1451.R332009 170––dc22 2008029039 9 8 7 6 5 4 3 2 1 Printed in the United States of America on acid-free paper For my parents, Leo and Margie Radzik This page intentionally left blank acknowledgments I n2004–2005 I was the fortunate recipient of a fellowship from the Alexander von Humboldt Foundation, which supported this work. At a conference of Humboldt fellows held in June, 2005, I learned that the foundation itself and its support for international cooperation among scholars is meant to be a form of amends for the perversion of science and scholarship that took place under the Nazi regime. I hope that this work honors the spirit of that project. I owe many thanks to Professor Otfried Höffe at the Eberhard Karls U niversität in Tübingen, Germany, for his hospitality, wisdom, and encour- agement during my fellowship year. A faculty development leave from Texas A&M University enabled me to accept the fellowship. The GlasscockCenter for Humanities Research at Texas A&M also provided fi nancial support and lively audiences for this work. I was a visiting faculty member at the University of Minnesota when I fi rst conceived this project, and I benefi ted greatly from my interactions with the students and faculty, especially the 3M reading group. Colleen Murphy and Christopher Bennett both com- mented on signifi cant portions of the manuscript, and I am very grateful for their help. For their input, support, and encouragement over the life of this project I also offer sincere thanks to Ashley Currier, Norman Dahl, Susan Egenolf, Marian Eide, Elisabeth Ellis, Daniel E. Farnham, Theodore George, Heather J. Gert, Richard J. Golsan, Michael Hand, Thomas E. Hill Jr., Gerry J ohnstone, Jacquelyn Ann Kegley, Katherine Kelly, Pamela E. Klassen, Avery Kolers, Michael LeBuffe, Shaun Longstreet, John W. Marshall, John J. McDermott, Geoffrey Sayre McCord, Prudence Rose, Roger Sansom, David Schmidtz, Robin Smith, Daniel Van Ness, Gary Varner, and Joan Wolf. Special thanks and love go to Robert R. Shandley, my partner in all of life’s adventures, philosophy included. He discussed every aspect of this project with me over and over again, at all hours and through every wild change in my mood. His patience and good sense were invaluable. Our daughter, Mary Shandley, shared her keen sense of fairness with me and kept me from making at least one major mistake. I look forward to even more help from her as she enters second grade. This book is dedicated to my parents, Leo and Margie Radzik, who gave me the opportunity to be a student and the confi dence to be a teacher. Some of the material in the book is drawn from essays I have published previously. Parts of chapters 2 and 4 appeared in “Making Amends,” American Philosophical Quarterly 41, no. 2 (2004): 141–54. Portions of chapter 5 are drawn from “Do Wrongdoers Have a Right to Make Amends?” Social Theory and Practice29, no. 2 (2003):325–41. Most of chapter 6 and part of chapter 1 appeared as “Offenders, the Making of Amends, and the State,” in Gerry Johnstone and Daniel W. Van Ness, eds., The Handbook of Restorative Justice (Portland, Ore.: Willan, 2007), 192–207. I thank the publishers for their permission to use this work. viii | acknowledgments contents chapter one An Ethic for Wrongdoers 3 chapter two Repaying Moral Debts: Self-Punishment and Restitution 25 chapter three Changing One’s Heart, Changing the Past: Repentance and Moral Transformation 55 chapter four Reforming Relationships: The Reconciliation Theory of Atonement 75 chapter fi ve Forgiveness, Self-Forgiveness, and Redemption 111 chapter six Making Amends for Crime: Restorative Justice and the Liberal State 153 chapter seven Collective Atonement: Making Amends to the Magdalen Penitents 175 Notes 199 Bibliography 231 Index 241

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Can wrongs be righted? Can we make up for our misdeeds, or does the impossibility of changing the past mean that we remain permanently guilty? While atonement is traditionally considered a theological topic, Making Amends uses the resources of secular moral philosophy to explore the possibility of c
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