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Psychologist Sharon Lamb and philosopher Jeffrie Murphy argue that forgiveness has been accepted as a therapeutic strategy without serious, critical examination. Chapters by both psychologists and philosophers ask: Why is forgiveness so popular now? What exactly does it entail? When might it be appropriate for a therapist not to advise forgiveness? When is forgiveness in fact harmful?
In this revised edition, two distinguished philosophers have
extended and strengthened the most authoritative text available on
the philosophy of law and jurisprudence. While retaining their
comprehensive coverage of classical and modern theory, Murphy and
Coleman have added new discussions of the Critical Legal Studies
movement and feminist jurisprudence, and they have strengthened
their treatment of natural law theory, criminalization, and the law
of torts. The chapter on law and economics remains the best short
introduction to that difficult, controversial, and influential
topic.Students will appreciate the careful organization and clear
presentation of complicated issues as well as the emphasis on the
relevance of both law and legal theory to contemporary society.
In this revised edition, two distinguished philosophers have
extended and strengthened the most authoritative text available on
the philosophy of law and jurisprudence. While retaining their
comprehensive coverage of classical and modern theory, Murphy and
Coleman have added new discussions of the Critical Legal Studies
movement and feminist jurisprudence, and they have strengthened
their treatment of natural law theory, criminalization, and the law
of torts. The chapter on law and economics remains the best short
introduction to that difficult, controversial, and influential
topic.Students will appreciate the careful organization and clear
presentation of complicated issues as well as the emphasis on the
relevance of both law and legal theory to contemporary society.
This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalized in the form of criminal law. A philosophical analysis is developed of the following questions: When, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require--both conceptually and morally--the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy indeed are moral virtues, what role, if any, should they play in the law?
This collection of essays presents Jeffrie G. Murphy's most recent
ideas on punishment, forgiveness, and the emotions of resentment,
shame, guilt, remorse, love, and jealousy. In Murphy's view,
conscious rationales of principle - such as crime control or giving
others what in justice they deserve - do not always drive our
decisions to punish or condemn others for wrongdoing. Sometimes our
decisions are in fact driven by powerful and rather base emotions
such as malice, spite, envy, and cruelty. But our decisions to
punish or condemn can also be driven by noble emotions. Indeed, if
we punish to express the justified resentment and indignation that
decent people feel toward the wronging of a human being, punishment
and condemnation can be seen acts of love. Once we realize the
vital roles that emotions can play in punishment and other forms of
condemnation, we can explore them in a variety of important ways.
Jealousy sometimes causes crimes, forgiveness allows us to overcome
resentment, and mercy - inspired by compassion - limits the
severity of punishment. All these emotions may be called "moral
emotions"-meaning simply that they are emotions that essentially
involve a moral belief. The essays in this collection explore, from
philosophical and religious perspectives, a variety of moral
emotions and their relationship to punishment and condemnation or
to decisions to lessen punishment or condemnation. Those interested
in ethics, philosophy of law, and the nature and role of the
emotions, will find much of interest in these essays by this highly
distinguished scholar. "This volume brings together a number of
Jeffrie Murphy's ground-breaking essays of the last twelve years on
an impressive range of deeply important issues: the moral emotions
(in particular, resentment, shame, jealousy, and remorse);
forgiveness and mercy; the foundations of the theory of punishment;
and the nature of dignity. Murphy's wonderfully clear and
perceptive essays are indispensable for anyone interested in these
and related topics." - Charles L. Griswold, Boston University "In
this new collection of exceptionally stimulating essays a
distinguished philosopher engages topics of great interest to
philosophers and non-philosophers alike - the nature of guilt,
shame, remorse, forgiveness, repentance, love, jealousy, punishment
and their roles in our lives. Few philosophers, until relatively
recently, directed any sustained attention to these significant
aspects of our lives. Murphy's essays go a substantial distance
toward remedying this neglect. His approach is analytic; his
arguments are clearly presented; his style is personal and
engaging; insights are frequently accompanied by apposite quotes
from poetry and fiction. There is an appealing humility and
openness to the views of others. Readers will be drawn in by both
the drama of his engagement with his earlier views that he now
finds wanting as well as the ongoing drama of his responses to
others with whom he disagrees. There is no plodding through arid
discourse in order to uncover jewels in this work. This is
philosophy done in a manner that promotes both knowledge and
enjoyment." - Herbert Morris, University of California at Los
Angeles "Jeffrie Murphy has compiled a collection of influential
essays that will be important across disciplines and relevant to
the way we understand - and more importantly treat - moral
transgressors and their victims. In his typically elegant,
literary, and humorous style Murphy examines such moral emotions as
sympathy, compassion, forgiveness, resentment, and vengeance,
getting to the heart of the philosophical dilemmas in a way that
speaks to the lived lives of victims and wrong-doers. His thinking
is both clear and brilliant, and he expresses it here in inspired
and satisfying arguments." - Sharon Lamb, Chair & Distinguished
Professor of Mental Health, Department of Counseling and School
Psychology, University of Massachusetts, Boston "Over the past
forty years, Jeffrie Murphy has been our surest and sagest guide
across the contested boundary lines between law and morality, crime
and sin, retribution and rehabilitation. This volume not only
reveals his trademark erudition in exploring the most fundamental
questions of crime and punishment. It also shows the humility of a
wise and seasoned scholar, who has come to a new appreciation for
the moral emotions of resentment, guilt, remorse, and shame, and
their constructive role in fostering forgiveness, reformation, and
reconciliation among criminals and their victims. You cannot read
this volume without being persuaded by its argument and moved by
its passion." - John Witte, Jr., Emory "This welcome new collection
of essays displays all the virtues that we have come to expect from
Murphy's work: a distinctive voice, a sensitivity to the acute
moral problems posed by our practices of punishment, illuminating
discussions informed by a lucid philosophical and moral
imagination. It makes more widely available Murphy's further
thoughts on such central concepts as guilt, remorse, retribution,
repentance, forgiveness, mercy and dignity, and should confirm his
standing as one of the most interesting contemporary writers on
criminal law and its moral foundations." -Antony Duff, University
of Stirling
We have all been victims of wrongdoing. Forgiving that wrongdoing
is one of the staples of current pop psychology dogma; it is seen
as a universal prescription for moral and mental health in the
self-help and recovery section of bookstores. At the same time,
personal vindictiveness as a rule is seen as irrational and
immoral. In many ways, our thinking on these issues is deeply
inconsistent; we value forgiveness yet at the same time now use
victim-impact statements to argue for harsher penalties for
criminals. Do we have a right to hate others for what they have
done to us? The distinguished philosopher and law professor Jeffrie
Murphy is a skeptic when it comes to our views on both emotions. In
this short and accessible book, he proposes that vindictive
emotions (anger, resentment, and the desire for revenge) actually
deserve a more legitimate place in our emotional, social, and legal
lives than we currently recognize, while forgiveness deserves to be
more selectively granted. Murphy grounds his views on careful
analysis of the nature of forgiveness, a subtle understanding of
the psychology of anger and resentment, and a fine appreciation of
the ethical issues of self-respect and self-defense. He also uses
accessible examples from law, literature, and religion to make his
points. Providing a nuanced approach to a proper understanding of
the place of our strongest emotions in moral, political, and
personal life, and using lucid, easily understood prose, this
volume is a classic example of philosophical thinking applied to a
thorny everyday problem.
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