Balancing Justice and Mercy

The concept of forgiveness is analyzed as a moral gesture toward the offender designed to help restore that individual's moral standing. Jewish sources on the conditions under which forgiveness is obligatory are explored and two contrasting positions are presented: one in which the obligation to forgive is conditional on the repentance of the offender and another in which people are required to forgive unconditionally. These two positions are shown to represent different ways of framing the offending behavior that rest, in turn, on different ways of balancing the need for justice and for mercy respectively. In the final analysis, Judaism's two contrasting attitudes toward forgiveness are rooted in different theological assumptions and different ways of construing the very goals of the moral life. The author points out the merits and shortcomings of both positions and concludes with the suggestion that the two complement each other in important ways.     

The Limits of Mercy

Our characters are formed, at least in part, by forces beyond our control. Should this lead us to mitigate the responsibility of those who turn out badly? Martha Nussbaum argues that we ought to be merciful to wrongdoers on these grounds. Against Nussbaum, I argue that we have important moral reasons to treat people as responsible for character and hence to eschew mercy. Treating someone as responsible is required if we are to treat them as a moral agent, to treat them as having a moral point of view that is worth hearing. However my point is not that there are no reasons for mercy, but simply that there are other reasons, to do with respect, that pull in the opposite direction. The result is not a decision procedure for all cases but a better understanding of the complex moral geography.     

Mercy as a Public Virtue

James F. Keenan defines mercy as “the willingness to enter the chaos of another.” Mercy thus defined, he argues, is the distinctive characteristic of Christian morality. This essay asserts that mercy is, in fact, a public virtue, one that can be affirmed across a broad range of religious and moral traditions. As a public virtue, mercy ought to shape both affective and effective responses to the Syrian refugee crisis in the United States.     

Guilt and Shame,Justice and Mercy

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.     

The End(s) of Mercy

In philosophy and in religious ethics, accounts of mercy are typically developed in relation to justice. The essays in this focus issue each insist on an integral connection between mercy and justice, yet each reconfigures that relationship by arguing that mercy is best understood as a normative response to others in their need. Defining mercy as our response to others’ need highlights the value of mercy as an effective public virtue, grounded in realism about the human condition and focused on reparative and restorative action.     

Raymund Schwager on the Dramatic Justice and Mercy of God

This article explores and develops Raymund Schwager's understanding of the nature of justice and mercy, especially in the face of the Christian doctrine of hell. Schwager follows Anselm of Canterbury closely in seeing a deep harmony between justice and mercy, finding their unity in an expansive notion of God's goodness, which gives abundantly but always also in a way that respects the dignity of the receiver. This unity can thus only be understood in the context of the dramatic interplay of freedoms. An overview of Schwager's theological project provides the background for then exploring his notions of justice, mercy, freedom, self‐judgement and hell. The article concludes with the exploration of some of the logical consequences of Schwager's thought.     

Reimagining Just War as Anchored in,Tethered to,and Tempered by Mercy

This essay considers whether the just war tradition is compatible with Christian theologically grounded conceptions of mercy. After considering and rejecting positions that pit mercy and war against each other, the essay mines the work of Walter Kasper and James Keenan on Christian mercy to develop a position that reimagines mercy as compatible with traditional just war criteria. In particular, this analysis leads to the conclusion that Christians may endorse just war in the form of humanitarian intervention. By doing so, they allow mercy to temper the aspects of warfare that diminish the humanity of others.