Character, Liberty, and Law Kantian Essays in Theory and Practice
Jeffrie G. Murphy's third collection of essays further pursues the topics of punishment and retribution that were explored in his two previous collections: Retribution, Justice and Therapy and Retribution Reconsidered. Murphy now explores these topics in
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LIBRARY OF ETHICS AND APPLIED PHILOSOPHY VOLUME3
Managing Editor: Govert A. den Hartogh, University ofAmsterdam, The Netherlands
The titles published in this series are listed at the end of this volume.
CHARACTER, LIBERTY, ANDLAW Kantian Essays in Theory and Practice by
JEFFRIE G. MURPHY Regents' Professor of Law and Philosophy, Arizona State University, Tempe, AZ, U.S.A.
SPRINGER-SCIENCE+BUSINESS MEDIA. B.V.
A C.I.P. Catalogue record for this book is available from the Library of Congress.
ISBN 978-90-481-5110-3 ISBN 978-94-015-9066-2 (eBook) DOI 10.1007/978-94-015-9066-2
Printed on acid-free paper
All Rights Reserved ©1998 Springer Science+Business Media Dordrecht Originally published by Kluwer Academic Publishers in 1998 Softcoverreprint ofthe bardeover 1st edition 1998 No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the Copyright owner
To Thomas E. Hill, Jr. and Michael J. White, with esteem and affection.
TABLE OF CONTENTS
PREFACE ACKNOWLEDGMENTS
IX
xm
LEWIS WHITE BECK: ABRIEF FAREWELL
1
KANTON THEORY AND PRACTICE
5
HUMAN DECENCY AND THE LIMITATIONS OF KANTIANISM
33
COGNITIVE AND MORAL OBSTACLES TO IMPUTATION
43
REPENTANCE, PUNISHMENT, AND MERCY
59
LEGAL MORALISM AND LIBERALISM
89
FREEDOM OF EXPRESSION AND THE ARTS
119
SOME RUMINATIONS ON WOMEN, VIOLENCE, AND THE CRIMINAL LAW
141
INDIAN CASINOS AND THE MORALITY OF GAMBLING
167
SHOULD TENDRE SURVIVE?
187
JEAN HAMPTON ON IMMORALITY, SELF-HATRED, AND SELF-FORGIVENESS
201
FORGIVENESS IN COUNSELING: A PHILOSOPHICAL PERSPECTIVE
223
INDEX OF NAMES
239
PREFACE
This is my third collection of essays. Retribution, Justice and Therapy, published in 1979, exhibited an enthusiastic and unambiguous commitment to Kantianism in moral theory and to retributivism as a theory of punishment. Retribution Reconsidered, published in 1992, had a more Humean tone-a tone of skepticism about a variety ofviews, including Kantian retributivism. The present collection, although still expressing skepticism about certain aspects of Kantianism, remains essentially Kantian in inspiration and framework. It also reveals, I think, my increasing interest in issues and values that are often regarded as religious in nature-an interest that began in the book Forgiveness and Mercy that I co-authored in 1988 with the now deceased J ean Hampton. This collection begins with a tribute to my teacher and mentor-the late Lewis White Beck. This tribute is followed by the only piece of serious Kant scholarship I have attempted in years: "Kant on Theory and Practice," a commentary on Kant's essay "Conceming the Common Saying: That May be True in Theory But Does Not Apply in Practice." The Kantian framewerk ofthe next two essays-"Human Decency and the Limitations ofKantianism" and "Cognitive and Moral Obstades to Imputation"-should be obvious. The former,
