Thaddeus Metz

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.

_A Relational Moral Theory_ draws on neglected resources from the Global South and especially the African philosophical tradition to provide a new answer to a perennial philosophical question: what do all morally right actions have in common as distinct from wrong ones? Metz points out that the principles of utility and of respect for autonomy, the two rivals that have dominated Western moral theory for the last two centuries, share an individualist premise. Once that common assumption is replaced by a relational perspective given prominence in African ethical thought, a different comprehensive principle, one focused on harmony or friendliness, emerges. Metz argues that this principle corrects the blind spots of the Western moral principles, and has implications for a wide array of controversies in applied ethics that an international audience of moral philosophers, professional ethicists, and similar thinkers will find compelling.

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.

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.

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.

In this article, part of a symposium devoted to Hennie Lötter’s Poverty, Ethics and Justice, my aims are threefold. First, I present a careful reading of Lötter’s original and compelling central conception of the nature of poverty as the inability to ‘obtain adequate economic resources….to maintain physical health and engage in social activities distinctive of human beings in their respective societies’. After motivating this view, particularly in comparison to other salient accounts of poverty, I, second, raise some objections to it, regarding relativistic implications that it has. Third, I propose another, more universalist conception of the nature of poverty, which is inspired by some of Lötter’s other remarks and which is all the stronger. According to this view, people are more poor, the less they can obtain adequate economic resources to pursue a wide array of finally valuable activities and states characteristic of human beings. I conclude by briefly pointing out how this view merits critical comparison with related views, such as Martha Nussbaum’s Capabilities Approach.

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.

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.

Routine testing is a practice whereby medical professionals ask all patients whether they would like an HIV test, regardless of whether there is anything unique to a given patient that suggests the presence of HIV. In three respects I aim to offer a fresh perspective on the debate about whether a developing country with a high rate of HIV infection morally ought to adopt routine testing. First, I present a neat framework that organises the moral issues at stake, bringing out the basic principles involved and exhibiting their logical relationships. Second, appealing to the Kantian principle of respect for the dignity of persons, I offer a thorough justification for routine testing when it serves as a gateway to anti-retroviral treatment (ART). Third, I present a respect-based defence of the controversial and novel thesis that routine testing is morally justified even if ART is unaffordable or otherwise unavailable.

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.

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.