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Judging and Understanding - Essays on Free Will, Narrative, Meaning and the Ethical Limits of Condemnation (Paperback)
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Judging and Understanding - Essays on Free Will, Narrative, Meaning and the Ethical Limits of Condemnation (Paperback)
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This collection embodies a debate that explores what could be
characterised as the tension between judging and understanding. It
seems that after a particular threshold of understanding of the
basic facts leading to a given moral transgression, the more we
understand the context and motives leading to crime, the more
likely we are to abstain from harsh retributive judgement. Martha
Nussbaum's essayEquity and Mercy included in this collection, is
the philosophical starting point of this debate, and Bernhard
Schlink's novel The Reader - a novel exploring the tension between
judging and understanding, among other things - is used as a case
study by most contributors. Some contributors, situated at one end
of the spectrum of views represented in this collection, argue for
the wholesale elimination of our practices of retribution in the
light of the tension between judging and understanding, while
contributors on the other side of the spectrum argue that the
tension does not actually exist. A whole array of intermediate
positions, including Nussbaum's, are represented. This anthology is
comprised of nearly all specially commissioned essays bringing
together work dealing with the moral, metaphysical, epistemological
and phenomenological issues required for properly understanding
whether in fact there is a tension between judging and
understanding and what the moral and legal implications may be of
accepting or rejecting this tension.
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