Thaddeus Metz

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.

Philosophy is often labelled the ‘Queen of the Sciences’, meaning that it not merely gave birth to most other disciplines, but also has continued to influence their course. This chapter proceeds on these assumptions as well as the idea that post-independence, academic African philosophy ought to shape the development of other disciplines. It addresses the clusters of Law/Politics, Business/Management, Economics/Development Studies, Sociology/Anthropology, Psychology/Medicine, Education, Religious Studies/Theology, and Ecology, pointing out how these fields have been enriched by engaging with ideas salient in the African philosophical tradition, and making suggestions about additional ways in which it promises to be revealing with respect to them.

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.

I defend a certain claim about rationing in the context of HIV/AIDS, namely, the 'priority thesis' that the state of a developing country with a high rate of HIV should provide highly active anti-retroviral treatment (HAART) to those who would die without it, even if doing so would require not treating most other life-threatening diseases. More specifically, I defend the priority thesis in a negative way, by refuting two influential and important arguments against it inspired by the Kantian principle of respect for persons. The 'equality argument' more or less maintains that prioritizing treatment for HIV/AIDS would objectionably treat those who suffer from it as more important than those who do not. The 'responsibility argument' says, roughly, that to ration life-saving treatment by prioritizing those with HIV would wrongly fail to hold people responsible for their actions, since most people infected with HIV could have avoided the foreseeable harm of infection. While it appears that a Kantian must think that one of these two arguments is sound, I maintain that, in fact, respect for persons grounds neither the equality nor responsibility argument against prioritizing HAART and hence at least permits doing so. If this negative defence of the priority thesis succeeds, then conceptual space is opened up for the possibility that respect for persons requires prioritizing HAART, which argument I sketch in the conclusion as something to articulate and defend in future work.

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.

In this article, I address some central issues in journalism ethics from a fresh perspective, namely, one that is theoretical and informed by values salient in sub-Saharan Africa. Drawing on a foundational moral theory with an African pedigree, which is intended to rival Western theories such as Kantianism and utilitarianism, I provide a unified account of an array of duties of various agents with respect to the news/opinion media. I maintain that the ability of the African moral theory to plausibly account for issues such as proper content, investigative ethics, and freedom of speech means that it should be taken seriously by media ethicists and merits being paired up against competing approaches in future work.

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.

This article considers how global ethical matters might be approached differently in the English-speaking literature if values salient in sub-Saharan Africa and East Asia were taken seriously. Specifically, after pointing out how indigenous values in both of these major parts of the world tend to prescribe honouring harmonious relationships, the article brings out what such an approach to morality entails for political power, foreign relations and criminal justice. For each major issue, it suggests that harmony likely has implications that differ from approaches that currently dominate Western thought, namely those of utility, autonomy and capability. Lacking the space to systematically defend harmony as a fundamental value, it nonetheless urges theorists not to neglect it in future work.

South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient ethical facets of the dispute. I argue that the law is unjust and should be revised.

I have two major aims in this chapter, which is philosophical in nature. One is to draw upon values that are salient in the southern African region in order to construct a novel and attractive conception of human dignity. Specifically, I articulate the idea that human beings have a dignity in virtue of their communal nature, or their capacity for what I call ‘identity’ and ‘solidarity’, which contrasts the most influential conception in the West, according to which our dignity inheres in our rationality or autonomy. The second aim is to invoke this Afro-communitarian conception of human dignity in order to advance a new conception of why poverty is morally problematic and of what people, particularly states, are ethically required to do with regard to it. Common conceptions of poverty focus on it in terms of people lacking income, preference satisfaction (‘utility’) or general-purpose means (‘social primary goods’ in the Rawlsian jargon). In contrast, if what is special about human beings is our ability to commune with one another in a certain way, then the respects in which poverty can be an injustice and the ways that it must be fought must be understood in more communitarian or relational terms, which I both specify with several concrete examples in a South African context and contrast with the more dominant approaches.

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.

With his new book, A Theory of Truces, Nir Eisikovits has succeed in producing the most comprehensive and insightful book to exist on the nature and morality of truces during international military conflict. In it he plausibly argues that thought about such conflict should avoid binary terms such as long-lasting peace and all-out war, and instead must readily acknowledge conditions “in between” them, such as cease-fires and agreements to limit belligerence to certain times. In this critical notice of Eisikovits’ book, I have two major aims, in light of the fact that in it he does not systematically engage with the contemporary literature on and positions in just war theory. One aim is to situate Eisikovits’ analysis of truces in that context, and to contend that he has implicitly founded a new field that merits the title jus interruptus bellum as distinct from jus in bello and jus ex bello. Another is to build on Eisikovits’ ethical appraisal of truces, by considering what principles of just war theory entail for them.

Chenyang Li’s new book, The Philosophy of Confucian Harmony, has been heralded as the first book-length exposition of the concept of harmony in the approximately 3,000 year old Confucian tradition. It provides a systematic analysis of Confucian harmony and defence of its relevance for contemporary moral and political thought. In this philosophical discussion of Li’s book, I expound its central claims, contextualize them relative to other salient work in English-speaking Confucian thought, and critically reflect on them in light of a conception of harmony that is salient in the sub-Saharan African tradition. Hence, this article aims to continue the nascent dialogue between indigenous Chinese and African philosophical traditions that has only just begun. Li responds to this critical notice in the same issue of the journal.

I examine two recent books by analytic philosophers that address the underexplored topic of whether the meaning of life depends on the existence of a supernatural realm including God and a soul. John Cottingham’s On the Meaning of Life defends a supernaturalist conception of life’s meaning, whereas Kurt Baier’s Problems of Life and Death defends the opposite, naturalist perspective. I show that their respective arguments are worth serious consideration, indicate some potential weaknesses in them, and suggest some other argumentative strategies that those interested in this fascinating topic might pursue elsewhere in more depth.

What makes a person's life meaningful? Thaddeus Metz offers a new answer to an ancient question which has recently returned to the philosophical agenda. He proceeds by examining what, if anything, all the conditions that make a life meaningful have in common. The outcome of this process is a philosophical theory of meaning in life. He starts by evaluating existing theories in terms of the classic triad of the good, the true, and the beautiful. He considers whether meaning in life might be about such principles as fulfilling God's purpose, obtaining reward in an afterlife for having been virtuous, being attracted to what merits attraction, leaving the world a better place, connecting to organic unity, or transcending oneself by connecting to what is extensive. He argues that no extant principle satisfactorily accounts for the three-fold significance of morality, enquiry, and creativity, and that the most promising theory is a fresh one according to which meaning in life is a matter of intelligence contoured toward fundamental conditions of human existence.

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 his book Cosmopolitan Justice, Darrel Moellendorf argues that respect for persons has the following rough implications (among others): requires states to enact liberal legislation; permits them to interfere with religious or otherwise perfectionist regimes; forbids them from restricting immigration for perfectionist ends; and requires them to permit secession. In this article, I do not question Moellendorf's Kantian foundation; what I do here is question the inferences from this principle to the above conclusions. My basic strategy involves drawing a distinction between open and closed societies, and arguing that, although some of Moellendorf's arguments might be sound for closed societies, they are not clearly so for open ones. An open society is one from which it is relatively easy to leave, and a closed society is one from which it is comparatively difficult to do so. Although I doubt that any substantially open societies presently exist, they are real possibilities, and in such societies respect for persons would not have the implications that Moellendorf claims.

In this chapter I articulate and defend a basic principle capturing the underlying structure of an attractive sort of national reconciliation that accounts for a wide array of disparate judgments about the subject. There are extant theories of national reconciliation in the literature, most of which are informed by Kantian, liberal-democratic and similar perspectives. In contrast to these, I spell out a theory grounded on a comparatively underexplored sub-Saharan ethic. My foremost aim is to demonstrate how African ideals about communal relationship, still largely unfamiliar to an international audience, do a promising job of providing a unified foundation for the roles of truth-telling, apology, forgiveness, compensation, amnesty and related practices often associated with national reconciliation.

I seek to advance plausible replies to the several criticisms Kai Horsthemke makes of ‘African Modal Relationalism’, his label for my theory of animal rights with a sub-Saharan pedigree. Central to this view is the claim that, roughly, a being has a greater moral status, the more it is in principle capable of relating communally with characteristic human beings. Horsthemke maintains that this view is anthropocentric and speciesist, is poorly motivated relative to his egalitarian-individualist approach, and does not have the implications that I contend. I aim to rebut these and related criticisms, contending that African Modal Relationalism is in fact a promising way to philosophically ground animal rights.

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered whether an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter.

I focus on D A Masolo’s discussion of morality as characteristically understood by African philosophers. My goals are both historical and substantive, meaning that I use reflection on Masolo’s book as an occasion to shed light not only on the nature of recent debates about African ethics, but also on African ethics itself. With regard to history, I argue that Masolo’s discussion of sub-Saharan morality suggests at least two major ways that the field has construed it, depending on which value is taken to be basic and which ones are deemed derivative. According to one perspective, the ultimate aim of a moral agent should be to improve people’s quality of life, which she can reliably do by supporting community in certain ways, while the other view is that community should instead be valued for its own sake, with the enhancement of welfare being morally relevant only insofar as it is part of that. I claim that Masolo does not indicate a clear awareness of how these two perspectives differ and is not explicit about how they relate to one another. After pointing out that Masolo is not alone in these respects, I draw what is meant to be a definitive, clear distinction between the two major ethical philosophies. Then, I provide what I deem to be conclusive reason to prefer the community- based conception of sub-Saharan ethics to the welfare-based one.

Concomitant with the rise of rationalizing accountability in higher education has been an increase in theoretical reflection about the forms accountability has taken and the ones it should take. The literature is now peppered by a wide array of distinctions (e.g. internal/external, inward/ outward, vertical/horizontal, upward/downward, professional/public, political/economic, soft/ hard, positive/negative), to the point that when people speak of ‘accountability’ they risk speaking past one another, having some of these distinctions in mind and not others. Furthermore, often these distinctions are vague and cross-cut each other in ways that are as yet unclear. The field could benefit from having a comprehensive framework in which to place these distinctions and to view their relations. My aim in this article is to provide an analytical tool by which to classify important debate about what accountability in higher education has been and ought to be. Beyond organizing such debate, this schema will serve the purposes of revealing ambiguities in terms, conflations of ideas, assumptions that warrant questioning, and gaps in present research agendas.