Thaddeus Metz

There is a deep tension between liberalism and retributivism. On the face of it, one cannot coherently believe liberalism about the fundamental purpose of the state and retributivism about the basic end of legal punishment, given widely held and well-motivated or what I call ‘standard’ conceptions of these views. My aims in this article are to differentiate the types of conflict between liberalism and retributivism, to identify the strongest and most problematic type of conflict between them, to demonstrate that existing strategies in the literature that might be invoked to resolve this conflict fail, and to present a new, conclusive way to resolve it. The solution lies in changing the standard conception of liberalism, which change, I argue, is warranted on independent grounds. Liberalism, up to now, has been conceived in a way that fails to best capture liberal intuitions. Upon improving our understanding of what liberal purposes essentially are, it becomes clear that retributive punishment is not merely logically consistent with them, but also partially constitutive of them.

In this article I articulate and defend an African moral theory, i.e., a basic and general principle grounding all particular duties that is informed by sub-Saharan values commonly associated with talk of "ubuntu" and cognate terms that signify personhood or humanness. The favoured interpretation of ubuntu (as of 2007) is the principle that an action is right insofar as it respects harmonious relationships, ones in which people identify with, and exhibit solidarity toward, one another. I maintain that this is the most defensible moral theory with an African pedigree at the time, and that it should be developed further with an eye to rivalling dominant Western theories such as utilitarianism and Kantianism. (NB: a mildly revised version, avoiding some typos and phrases that invite misinterpretation, appeared as a chapter in Isaac Ukpokolo, ed., _Themes, Issues and Problems in African Philosophy_ London: Palgrave Macmillan, 2017, pp. 97-119.)

In the face of differences between the ethical religio-philosophies believed across the globe, how should a media ethicist theorize or make recommendations in the light of theory? One approach is relativist, taking each distinct moral worldview to be true only for its own people. A second approach is universalist, seeking to discover a handful of basic ethical principles that are already shared by all the world's peoples. After providing reasons to doubt both of these approaches to doing media ethics, consideration is given to a third. This under-explored approach offers moral claims that would be reasonable for nearly all long-standing cultures to accept even though they currently do not, with the aim of creating new common ground among them. The chapter advances some rights and responsibilities, particularly as they concern the media's role in respect of self-government and self-expression, on which many of those with African, Confucian, Islamic, and Western foundational commitments could sensibly converge.

I contend that there are important moral reasons for individuals, organisations and states to aid others that have gone largely unrecognised in the literature. Most of the acknowledged reasons for acting beneficently in the absence of a promise to do so are either impartial and intrinsic, on the one hand, being grounded in properties internal to and universal among individuals, such as their pleasure or autonomy, or partial and extrinsic, on the other, being grounded in non-universal properties regarding an actual relation to the agent, such as common membership in a family or culture. In contrast, I articulate and defend the existence of two unrecognised reasons for beneficence that can take the form of being impartial and extrinsic. One is that a being’s capacity to be part of a sharing relationship with us can provide some reason to help it, and another is that a sharing relationship qua relationship is an end-in-itself that can provide some reason to help another. I differentiate these considerations from one another and from the more standard reasons for beneficence, provide arguments for thinking that they are central to beneficence, and rebut objections that are likely to be offered by friends of the more standard reasons.

In the literature on African moral philosophy, it is common to find normative conclusions about the way we ought to act directly drawn from purported metaphysical facts about the nature of ourselves and the world. For example, Kwame Gyekye, the most influential sub-Saharan political philosopher, attempts to defend moderate communitarianism, roughly the view that agents have strong duties to support others in ways that do not violate human rights, by contending that it follows from the dual nature of the self as both social and individual. In this article, I critically analyze this sort of rationale, and contend that it is unsound. I propose several reconstructions, but conclude that they cannot plausibly bridge the ‘is-ought gap’, and that similar arguments found in the field of African ethics, such as the frequent claim we must treat nature with respect since everything in the universe is interdependent, also fail to do so.

Part of the Elements Philosophy of Religion series, this short book focuses on the spiritual dimensions of life’s meaning as they have been discussed in the recent English and mainly analytic philosophical literature. The overarching philosophical question that this literature has addressed is about the extent to which, and respects in which, spiritual realities such as God or a soul would confer meaning on our lives. There have been four broad answers to the question, namely: God or a soul is necessary for meaning in our lives; they are not necessary for it; one or both would enhance the meaning in our lives; and they would detract from it. These views have been largely advanced in chronological order through the history of Western philosophy, with the view that life would be meaningless without God and a soul having been most prominent in the medieval period, the rejection of this claim having arisen in the modern era, and then sophisticated positions about enhancement or reduction having appeared in earnest only in the past 20 years. This book addresses all four positions, paying particular attention to the more recent views. Beyond familiarizing readers with these positions, it presents prima facie objections to them, points out gaps in research agendas, and suggests argumentative strategies that merit development.

A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights.

Many philosophers and laypeople have the following two intuitions about legal punishment: the state has a pro tanto moral reason to punish all those guilty of breaking a just law and to do so in proportion to their guilt. Accepting that there can be overriding considerations not to punish all the guilty in proportion to their guilt, many philosophers still consider it a strike against any theory if it does not imply that there is always a supportive moral reason to do so. In this paper, I demonstrate that censure theory accounts for these intuitions much better than any other theory, including forms of retributivism such as desert theory and fairness theory, and explain why censure theory is able to do so.

In Debating Brain Drain, Gillian Brock and Michael Blake both draw on a liberal moral- political foundation to address the issue, but they come to different conclusions about it. Despite the common ground of free and equal persons having a dignity that grounds human rights, Brock concludes that many medical professionals who leave a developing country soon after having received training there are wrong to do so and that the state may place some limits on their ability to exit, whereas Blake infers that there is neither any wrongdoing on their part, nor rightful restrictions placed on them. In this article, rather than sort out which has the better interpretation of what liberalism entails, I consider the medical brain drain in light of an alternative normative framework, one informed by ideals of communion salient in the sub-Saharan moral tradition. I argue that a principle of prizing communal relationships more naturally entails Brock's conclusions than does her appeal to liberalism.

Since its inception as a professional field in the 1960s or so, African ethics has been neglected not only by virtue ethicists, but also by international scholars in moral philosophy generally. This is unfortunate, since sub-Saharan normative perspectives are characteristically virtue-centred, and, furthermore, are both different from traditional Western forms and just as worth taking seriously as they are. In my contribution, I spell out the two major respects in which virtue is a salient theme in African ethics, and critically appraise them in relation to some dominant Western conceptions.

In this chapter I aim to provide a moral-philosophical grounding for much of Nelson Rolihlaha Mandela’s life. I spell out a principled interpretation of ubuntu that focuses on its moral import, and then apply it to salient facets of Mandela’s 50+ struggle years, contending that they exemplify it in many ways. Specifically, I first address Mandela’s decisions to fight apartheid in the 1940s, to use violence in response to it in the 1950s and ‘60s, and to refuse to renounce the use of violence during the 1970s and ‘80s. Then I consider his attempts to negotiate with the apartheid regime in the mid to late 1980s and his support for the Truth and Reconciliation Commission (TRC) in the 1990s. Along the way, I address some suggestions that elements of Mandela’s life failed to exhibit ubuntu, such as his alleged ‘neglect’ of his family and ‘betrayal’ of the black majority regarding economic justice. My conclusion is that one can make good sense of many of Mandela’s most important decisions, including the hard choices, during the fight against apartheid by appeal to a theoretical ethic of ubuntu.

In this article, I offer concrete suggestions about which topics, texts, positions, arguments and authors from the African philosophical tradition one could usefully put into conversation with ones from the Western, especially the Anglo-American. In particular, I focus on materials that would make for revealing and productive contrasts between the two traditions. My aim is not to argue that one should teach by creating critical dialogue between African and Western philosophers, but rather is to provide strategic advice, supposing that is a sensible goal to adopt.

I critically discuss contemporary work in African, i.e., sub-Saharan, moral philosophy that has been written in English. I begin by providing an overview of the profession, after which I consider some of the major issues in normative ethics, then discuss a few of the more noteworthy research in applied ethics, and finally take up the key issues in meta-ethics. My aim is to highlight discussions that should be of interest to an ethicist 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 maintain that there are kinds of communitarian and vitalist approaches to morality commonly held by sub-Saharan philosophers that international scholars should take seriously as genuine rivals to utilitarian, Kantian, contractarian, and care-oriented outlooks that dominate contemporary Euro-American discussion of ethically right action.

In this article, I respond to questions about, and criticisms of, my article “Towardan African Moral Theory” that have been put forth by Allen Wood, Mogobe Ramose, Douglas Farland and Jason van Niekerk. The major topicsI address include: what bearing the objectivity of moral value should have on cross-cultural moral differences between Africans and Westerners; whether a harmonious relationship is a good candidate for having final moral value; whether consequentialism exhausts the proper way to respond to the value of a harmonious relationship; what makes a moral theory count as “African”; how the existing literature on African ethics relates to the aim of analytically developing and defending a single foundational moral principle; whether the intuitions I appeal to ground an African moral theory are pro tanto rightmakers or general moral truths; whether the moral theory I defend can capture pro tanto rightness; and whether the best interpretation of African ethics is self-regarding (deeming the only basic moral reason for action to be that it would develop one's own valuable human nature) or other-regarding (holding that a certain kind of harmonious relationship between individuals could ground a basic moral reason for action) .

The background to the present discussion is the prevalence of political and personal criticisms in philosophical discussions about Africa. As philosophers in South Africa—both white and black—continue to philosophise seriously about Africa, responses to their work sometimes take the form of political and personal criticisms of, if not attacks on, the philosopher exploring and defending considerations about the African continent. One of us (TM) has been the target of such critiques in light of his work. Our aim in this conversation is not to diminish or deflect such critiques. On the contrary, our aim is to understand them, to make them as strong as possible, and to bring them into the cooler realm of philosophical discussion.

In this chapter, a reprint of an article initially appearing in the Journal of Human Rights (2010), I spell out a conception of dignity grounded on African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African-inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights.

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration.

In this essay, I critically evaluate the new South African state's approach to crime prevention in light of the Kantian principle of respect of persons. I show that the five most common explanations of why the state must fight crime are unconvincing; provide a novel, respect-based account of why justice requires the state to prevent crime; and specify which crime fighting techniques the state must adopt in order to meet this requirement. Reviewing the South African state's criminal justice policies and practices since 1994, I also argue that it has failed to fulfill its obligation to fight crime, which failure is neither excused nor justified.

Influential moral theories in the contemporary West face problems making sense of the conflict between the interests of animals and people’s interests in culture. They have trouble explaining either the existence of strong direct duties to animals or the importance of people’s right to culture (and frequently both). In this chapter I aim to advance a relational ethic, grounded on the African philosophical tradition, that offers a promising alternative. I contend that duties toward animals and rights to culture are potentially conflicting normative branches springing from the common root of a demand to prize communal relationship. In addition to showing that communion makes good sense of the strength of some direct duties to animals and the moral significance of culture, I argue that it accounts well for how to understand the way in which they can clash and how to address it practically.

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights.