Thaddeus Metz

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.

I develop an account of the property in virtue of which actions are wrong that retains the notion of unreasonableness but rejects Scanlon's contractualist framework. Specifically, I maintain (roughly) that the property of treating another unreasonably better explains what makes an act wrong than does the property of it being prohibited by principles that contractors with an ideal motivation could not reasonably reject. One advantage of my alternative is a more straightforward way to capture duties towards animals.

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.

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.

From the perspective of an African ethic, analytically interpreted as a philosophical principle of right action, what are the proper final ends of a publicly funded university and how should they be ranked? To answer this question, I first provide a brief but inclusive review of the literature on Africanising higher education from the past 50 years, and contend that the prominent final ends suggested in it can be reduced to five major categories. Then, I spell out an intuitively attractive African moral theory and apply it to these five final ends, arguing that three of them are appropriate but that two of them are not. After that, I maintain that the African moral theory prescribes two additional final ends for a public university that are not salient in the literature. Next, I argue that employing the African moral theory as I do enables one to rebut several criticisms of Africanising higher education that have recently been made from a liberal perspective. I conclude by posing questions suitable for future research.

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 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.

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 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.

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.

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.

I examine John Rawls' objection to libertarianism that it permits economic shares to be distributed in a morally arbitrary way. This argument was dropped largely for two reasons. First, talk of "arbitrariness" has been vague and associated with implausible views about moral desert, collective assets, and noumenal selves. Second, several criticisms which Robert Nozick made 25 years ago have gone unanswered. In this essay, I reconstruct the arbitrariness argument, giving it a new, Kantian interpretation, and I show that the new version is intuitively plausible and avoids Nozick's major objections.

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.

I seek to advance enquiry into the philosophical question of in virtue of what human beings have a dignity of the sort that grounds human rights. I first draw on values salient in sub-Saharan African moral thought to construct two theoretically promising conceptions of human dignity, one grounded on vitality, or liveliness, and the other on our communal nature. I then argue that the vitality conception cannot account for several human rights that we intuitively have, while the community conception can do so. I conclude that, of plausible theories of human dignity with an African pedigree, the field ought to favour a community-based view and critically compare it in future work with the Kantian, autonomy-based view that dominates Western thinking about dignity.

In this chapter I critically discuss the meta-ethical and normative ethical foundations of Nkrumah’s philosophy as discussed in Consciencism. With respect to meta-ethics, I address Nkrumah’s characteristically African attempt to ground ethics on metaphysics, and, specifically, his claim that a basic egalitarian moral principle follows from a materialist ontology. Granting Nkrumah that reality is ultimately physical and that the physical is unitary, I argue that nothing logically follows about whether human beings have an equal worth. However, on Nkrumah’s behalf I sketch some additional premises that, if added, would make the inference from materialism to egalitarianism stronger. Regarding Nkrumah’s normative ethics, many of Nkrumah's passages appear to be contradictory, with some focusing on dignity as per the Kantian and others advocating welfarism à la the utilitarian. Here, I again work to strengthen Nkrumah’s overall perspective, by arguing that his remarks about how to treat others can be viewed as coherent once a certain conception of dignity, which I have defended elsewhere, is invoked.

Therapists and related theorists and practitioners of mental health tend to hold one of two broad views about how to help patients. On the one hand, some maintain that, or at least act as though, the basic point of therapy is to help patients become clear about what they want deep down and to enable them to achieve it by overcoming mental blockages. On the other hand, there are those who contend that the aim of therapy should instead be to psychologically enable patients to live objectively desirable lives, say, ones that involve developing their inherent talents or exhibiting an authentic/strong/integrated self. In this chapter, I argue that neither of these prominent approaches is complete. Contra the former, sometimes what patients want deep down is not something to promote, and, against the latter, it can sometimes be reasonable for patients to want to sacrifice their own objective interests and for therapists to assist them in this regard. I argue that the category of meaningfulness does well at accounting for these counterexamples to the two dominant approaches, while capturing the kernels of truth in them. The proper aim of therapy, I suggest, is to enable patients to live meaningfully.

I critically examine the South African university student and worker protests of 2015/2016 in light of moral principles governing the use of force that are largely uncontested in both the contemporary Western and African philosophies of just war, violence and threats. Amongst these principles are: “discrimination”, according to which force should be directed not towards innocent bystanders but instead should target those particularly responsible for injustice; “likely success”, meaning that, instead of being counter-productive, the use of force must be reasonably expected to advance a just cause; and “last resort”, which entails that only the least force necessary to rebut injustice should be employed. I invoke these and related principles to appraise a wide array of types of student/worker protests, noting which of them accorded with the principles and which did not. I also reply to defences that some South Africans have recently made of protesting with coercion and destruction.