Thaddeus Metz

We seek to outline philosophical answers to the questions of why punish, whom to punish and how much to punish, with illustrations from the South African legal system. We begin by examining the differences between forward- and backward-looking moral theories of legal punishment, their strengths and also their weaknesses. Then, we ascertain to which theory, if any, contemporary South Africa largely conforms. Finally, we discuss several matters of controversy in South Africa in the context of forward- and backward-looking theories, including the death penalty, mandatory minimum sentences and victim impact statements.

In this chapter, a reprint of an article initially appearing in the Journal of Moral Education (2010), we provide a theoretical reconstruction of sub-Saharan ethics that we argue is a strong competitor to typical Western approaches to morality. According to our African moral theory, actions are right roughly insofar as they are a matter of living harmoniously with others or honouring communal relationships. After spelling out this ethic, we apply it to several issues in both normative and empirical research into morality. With regard to normative research, we compare and contrast this African moral theory with utilitarianism and Kantianism in the context of several practical issues. With regard to empirical research, we compare and contrast our sub-Saharan ethic with several of Lawrence Kohlberg’s views on the nature of morality. Our aim is to highlight respects in which the African approach provides a unitary foundation for a variety of normative and empirical conclusions that are serious alternatives to dominant Western views.

Over the last two decades, the capabilities approach has become an increasingly influential theory of development. It conceptualises human wellbeing in terms of an individual's ability to achieve functionings we have reason to value. In contrast, the African ethic of ubuntu views human flourishing as the propensity to pursue relations of fellowship with others, such that relationships have fundamental value. These two theoretical perspectives seem to be in tension with each other; while the capabilities approach focuses on individuals as the locus of ethical value, an ubuntu ethic concentrates on the relations between individuals. In this article, we ask: to what extent is the capabilities approach compatible with this African ethical theory? We argue that, on reflection, relations play a much stronger role in the capabilities approach than often assumed. There is good reason to believe that relationality is part of the concept of a capability itself, where such relationality has intrinsic ethical value. This understanding of the ethical centrality of relations grounds new normative perspectives on the capabilities approach, and offers a more comprehensive grasp of the relevance of relationships to empirical enquiry.

Characteristic of the contemporary field of life's meaning has been the combination of monism in method and naturalism in substance. That is, much of the field has sought to reduce enquiry into life's meaning to one question and to offer a single principle as an answer to it, with this principle typically focusing on ways of living in the physical world as best known by the scientific method. T. J. Mawson's new book, God and the Meanings of Life, provides fresh reason to doubt both this form and this content and also develops positive alternatives to them. In this critical notice of Mawson's book, I consider several of the central arguments that he gives for a pluralist supernaturalism, explaining why I remain unconvinced.

In her essay ‘The Curious Coincidence of Feminine and African Moralities’ (1987), Sandra Harding was perhaps the first to note parallels between a typical Western feminist ethic and a characteristically African, i.e., indigenous sub-Saharan, approach to morality. Beyond Harding’s analysis, one now frequently encounters the suggestion, in a variety of discourses in both the Anglo-American and sub-Saharan traditions, that an ethic of care and an African ethic are more or less the same or share many commonalities. While the two ethical perspectives are indeed sisters, in this article I argue, first, that they are not identical twins, and, more strongly, that the family resemblance between the two is significantly less than has been recognized. I highlight key differences between representative forms of an ethic of care and a sub-Saharan communitarian morality, after which I argue, second, that the latter better captures some central feminist concerns and moral considerations generally. That is, I maintain that an African ideal of community, when understood in a philosophically refined way, provides an important, relational corrective to the ethic of care.

In this article, written for the generally educated reader, I summarize my latest thinking about a dilemma that I believe current theoretical reflection faces about the proper ultimate aims of a public university. Specifically, I make the following three major points: (1) On the one hand, all dominant theories of how properly to spend public resources entail that academics should not pursue knowledge for its own sake and should rather devote their energies toward promoting some concrete public good (such as citizenship, justice, autonomy or the like). (2) On the other hand, that view of the academic enterprise entails patent absurdities. (3) The dilemma is best resolved by articulating a new theory of how public resources ought to be spent, one according to which the point of the state and its public institutions ought to be to _balance_ the realization of final goods.

In this article I consider what the implications of ubuntu, interpreted as an African moral philosophy, are for self-expression as a value that the media could help to promote. In contrast to the natural hunches that self-expression is merely a kind of narcissism or makes sense for only individualist cultures to prize, I argue that an attractive construal of ubuntu entails that self-expression can play an important communitarian role. The mass media can be obligated to enable people to express themselves since doing so can be one way for people to share with and care for others

If contemporary African political philosophy is going to develop substantially in fresh directions, it probably will not be enough, say, to rehash the old personhood debate between Kwame Gyekye and Ifeanyi Menkiti, or to nit-pick at Gyekye’s system, as much of the literature in the field has done. Instead, major advances are likely to emerge on the basis of new, principled interpretations of sub-Saharan moral thought. In recent work, I have fleshed out two types of moral theories that have a clearly sub-Saharan basis, that differ from Gyekye’s moral perspective, and that also happen to constitute genuine rivals to dominant Western theories such as utilitarianism, Kantianism and contractualism. In catchwords, these African moral theories are constituted by ideals regarding community or friendliness, on the one hand, and vitality or liveliness, on the other. In this article I sketch these two under-explored ethical perspectives and then suggest several respects in which their implications for salient political controversies are novel and revealing. Sometimes the new African moral theories—and the community-based one in particular--entail different conclusions from Gyekye's position, while other times their conclusions are the same as Gyekye’s, but they provide different rationales for them that are more compelling than his.

Many religious thinkers hold the immortality requirement, the view that immortality of some kind is necessary for life to have meaning. After clarifying the nature of the immortality requirement, this essay examines three central arguments for it. The article establishes that existing versions of these arguments fail to entail the immortality requirement. The essay then reconstructs the arguments, and it shows that once they do plausibly support the immortality requirement, they equally support the God-centred requirement, the view that God's existence is a necessary condition for life to be meaningful. The paper concludes by explaining why we should expect any argument for the immortality requirement also to constitute an argument for the God-centred requirement.

In this chapter, I critically explore John Cottingham's most powerful argument for the thesis that the existence of God is necessary for meaning in life. This is the argument that life would be meaningless without an invariant morality, which could come only from God. After demonstrating that Cottingham's God-based ethic can avoid not only many traditional Euthyphro meta-ethical concerns, but also objections at the normative level, I consider whether it can entail the unique respect in which morality is normative, and, upon considering various ways to develop the view, I conclude that it can. However, I then raise another objection that I maintain cannot be replied to satisfactorily. The objection is that, if we had conclusive evidence for a God-based meta-ethic, then our evidence for the existence of God and of wrongness would be comparable, but they are not, either for Cottingham or for readers more generally. That is, I argue that it is incoherent to claim to know that wrongness is a function of God, given that one knows that wrongness exists, but does not know that God does. I also present an alternative, naturalist meta-ethic that avoids this incoherence, fits better with our extant metaphysical knowledge, and grounds an invariant moral system.

I focus on the metaphysical underpinnings of the censure theory of punishment, according to which punishment is justified if and because it expresses disapproval of injustice. Specifically, I seek to answer the question of what makes claims about proportionate censure true or false. In virtue of what is it the case that one form of censure is stronger than another, or that punishment is the censure fitting injustice? Are these propositions true merely because of social conventions, as per the dominant view of philosophers such as Jean Hampton and Joel Feinberg, or is there an objective fact of the matter to which these propositions correspond? Such questions have been scarcely addressed in the analytic literature, but it is urgent to do so in a systematic way. As I make clear, what is probably the primary motivation for holding the censure theory of punishment depends on the truth of certain controversial theses about normative realism.

This article, translated into Chinese by Tian Kaifang, summarizes and critically reflects on the current state of the literature that has recently begun to put Chinese Confucianism into dialogue with characteristically African conceptions of what is good, what fundamentally exists, and how to obtain knowledge. As most of this literature has addressed value theory, this article focuses largely on it, too. It first illustrates how similar the foundational values are between the two cultural traditions; central to both traditional China and Africa is an ethic prescribing the development of one’s humanness through virtues that honour harmonious relationships. The article then indicates how the two traditions nonetheless have different understandings of the nature of harmony, which have grounded divergent judgments of which practices are morally desirable. The final section of the article discusses ontology and epistemology, which are extremely under-developed in the comparative literature, and it suggests some avenues for future research on these topics.

In an article previously published in this journal, Phillip Montague critically surveys and rejects a handful of contemporary attempts to explain why state punishment is morally justified. Among those targeted is one of my defences of the censure theory of punishment, according to which state punishment is justified because the political community has a duty to express disapproval of those guilty of injustice. My defence of censure theory supposes, per argumentum, that there is always some defeasible moral reason for the state to proportionately punish the guilty, and then demonstrates that censure theory best entails and explains this intuition. Montague does not question the intuition, but instead argues that three rival theories of punishment, including his societal-defence view, account for it to no worse a degree than my censure theory. In this article I defend my initial argument, noting resources for its defence that Montague does not appreciate and that, I maintain, provide those who believe that there is always pro tanto injustice in the state failing to proportionately punish the guilty reason to adopt censure theory over all competitors, including Montague’s societal-defence theory

A large majority of theoretical debate with regard to criminal justice at the global level has been concerned to identify which kinds of punishment of international agents are morally sound. Three key issues have been: (1) international sentencing, which concerns the rightness of international tribunals to prosecute what might be called ‘large-scale’ or ‘humanitarian’ crimes; (2) extraterritorial punishment, most topically regarding the appropriateness of a state punishing a foreign national for acts committed against it or its citizens while abroad; and (3) punishment and warfare, where the main issue is whether punishment of a guilty actor on the global stage can be a just cause for war. This entry discusses all three topics, devoting the most space to justice in international sentencing.

I critically discuss contemporary work in African, i.e., sub-Saharan, political philosophy that has been written in English. I begin by providing an overview of the profession and discussing the aptness of focusing on African political philosophy as a distinct topic. Next, I highlight discussions that should be of interest to a political philosopher working anywhere in the world, focusing on ideas characteristic of the sub-Saharan region that are under-appreciated not merely for the purpose of comparative ethics, but also for substantive ethical argumentation. In particular, I take up fascinating and underexplored approaches to political power, civil liberties and economic goods that are characteristic of this tradition.

Given a 21st century context of sophisticated market economies and other Western influences such as Christianity, what similarities and differences are there between characteristic indigenous values of sub-Saharan Africa and China, and how do they continue to influence everyday life in these societies? Establishing that central to both non-Western, indigenous value systems are ideals of harmonious relationships, I compare and contrast traditional African and Chinese conceptions of harmony and analyze a number of respects in which an appeal to this value affects contemporary political, economic and social interaction.

In “Happiness Is the Wrong Metric,” Amitai Etzioni largely argues that human beings are motivated by more than just their own happiness, whether conceived in terms of pleasant experiences or fulfilled preferences, and that the state should attend to more than merely people’s happiness. He contends that people are often disposed to seek out, and that public policy ought to promote, what is morally right and good. While not disagreeing with this thrust of Etzioni’s position, I maintain in my contribution that it is too narrow. There is a large range of goods that people tend to pursue, and that social and political institutions should plausibly foster, which are reducible to neither happiness nor morality. They are values that are instead well captured by the concept of what makes a life meaningful. If Etzioni is correct that the state ought to enable people to live morally upright lives, then it has no less reason to enable them to live meaningful ones, too.

It appears that it would almost always be wrong to punish a person for having performed a morally justified action. The axiom of “weak retributivism” maintains that the state must not routinely punish those who have not broken a just law. However, it seems that respect for the rule of law and for majority rule requires government officials to punish individuals for breaking laws that may be somewhat unjust. An impartial and democratic state could not function if individuals flouted institutional rules any time the rules are a bit unjust. A principled concern for “systemic values” therefore entails that a state must routinely punish persons who have broken a law that may not be just.

Many readers will share the judgment that, having made an oath, there is something morally worse about consequently performing the immoral action, such as embezzling, that one swore not to do. Why would it be worse? To answer this question, I consider three moral-theoretic accounts of why it is “extra” wrong to violate oaths not to perform wrong actions, with special attention paid to those made in economic contexts. Specifically, I address what the moral theories of utilitarianism, Kantianism and a new communitarian-relational principle entail for the wrongness of oath-breaking. I argue that the former two do not adequately capture why it is extra wrong to perform an immoral action that one swore not to do, but that the latter appeal to a morality of communal relationship offers a promising account.

I consider what prima facie attractive communitarian ethical perspectives salient among indigenous African peoples entail for distributive justice within a state, and I argue that they support a form of economic egalitarianism that differs in several important ways from varieties common in contemporary Anglo-American political philosophy. In particular, the sort of economic egalitarianism I advance rivals not only luck-oriented variants from the likes of Ronald Dworkin, G. A. Cohen and theorists inspired by them such as Richard Arneson, Carl Knight and Nir Eyal, but also more ‘social’ kinds advocated by Elizabeth Anderson, Samuel Scheffler and Jonathan Wolff. Although I do not argue that these broadly Kantian egalitarianisms are less plausible than the Afro-communitarian version, I do aim to establish that it should be taken as seriously as they, at this stage of the debate.

In one of the most widely read texts on what makes a life meaningful, composed more than 50 years ago, Kurt Baier presents an intriguing argument against the view that meaning in life would come by fulfilling a purpose God has assigned us. Baier contends that God could not avoid degrading us were He to assign us a purpose, which would mean that God, as a morally ideal being by definition, would not do so. Defenders of God-centred accounts of meaning in life, and even many of its detractors such as myself, have by and large argued that Baier is incorrect on this point. However, using my reply to Baier as a foil, Sagid Salles has recently breathed new life into Baier’s old rationale, providing fresh grounds to believe that God could not avoid degrading us if He gave us a purpose to fulfil. Specifically, Salles argues that God would face a dilemma: either He could give us all the same purpose, which would be unfair since some of us would be in a better position to achieve it than others, or He could give us each a different purpose that we would be equally able to fulfil, which would also be disrespectful since God would have limited our lives so as to make other ends out of reach. In this article, I argue that God could avoid the dilemma Salles poses and hence could assign us a purpose without treating us disrespectfully.

Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection. People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’.

I critically evaluate South Africa’s Truth and Reconciliation Commission (TRC) in light of a philosophical interpretation of the southern African ethic of ubuntu. Roughly, according to this moral philosophy, an act or policy is right insofar as it honours communal relationships, ones of identifying with others and exhibiting solidarity with them. After spelling out this ethical principle and the specific kind of national reconciliation it prescribes, I show that there is a powerful justification for the TRC’s broad contours as a tool to help foster national reconciliation in the mid 1990s. However, I also discuss respects in which the TRC was wanting in light of the sort of reconciliation demanded by respect for people’s capacity to commune. Specifically, I point out respects in which a communal reconciliation probably could have been fostered to a greater degree, had the TRC been different in certain ways, and also note how even an altered TRC would not have been enough on its own to realize it fully; a wide array of other agents could and should have been much more active. I close by indicating some of what needs to be done in order to foster an ubuntu-oriented reconciliation that is still missing, but sorely needed, in 2016. A refurbished TRC promises to help mitigate the crisis of racial divide that currently confronts South Africa.