•  1992
    Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship be…Read more
  •  214
    Forgiveness as Conditional: A Reply to Kleinig
    International Journal of Applied Philosophy 35 (1): 117-125. 2021.
    In my paper “Moral Grounds for Forgiveness,” I argued that forgiveness is morally appropriate only when a sincere apology is received, thus ruling out the three grounds for unconditional forgiveness suggested by John Kleinig in his paper “Forgiveness and Unconditionality.” In response to his reply “Defending Unconditional Forgiveness,” I argue here that my terminology, once clarified, does not undermine my construal of resentment; that conditional forgiveness is just as discretionary as uncondit…Read more
  •  393
    Moral Grounds for Forgiveness
    International Journal of Applied Philosophy 35 (1): 97-108. 2021.
    In this paper, I argue that forgiveness is a morally appropriate response only when it is grounded in the wrongdoer’s demonstration of genuine remorse, their offer of a sincere apology, and, where appropriate, acts of recompense and behavioral change. I then respond to John Kleinig’s suggestion (in his paper “Forgiveness and Unconditionality”) that when an apology is not forthcoming, there are at least three additional grounds that, when motivated by virtues such as love and compassion, could ne…Read more
  •  359
    Beyond Harm: Toward Justice, Healing and Peace
    Relational Approaches. 2019.
    This book looks at what it means to be wronged, and why we react to wrongdoing in ways that can cause us more suffering and pain. An alternative approach called 'restorative justice' is proposed as a safe and effective way of avoiding these reactions whilst honouring our values and our common humanity.
  •  564
    Evaluating Restorative Justice Programs
    Humanity and Society 22 (I): 23-37. 1998.
    The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue …Read more
  •  242
    The Epistemology of Thomas Reid
    Discipline Filosofiche 2 (VI): 119-168. 1996.
    This paper is a reconstruction and analysis of Thomas Reid’s epistemology, based upon an examination of his extant manuscripts and publications. I argue that, in Reid’s view, a certain degree of “evidence” (or, as I shall say, ‘epistemic justification’) is that which distinguishes mere true belief from knowledge; and that this degree of justification may be ascribed to a person’s belief if and only if (i) the evidence upon which her belief is grounded is such that she holds it with “certainty”;…Read more
  •  153
    The Possibility of a Correctional Ethic
    In John Kleinig & Margaret Leland Smith (eds.), Discretion, Community, and Correctional Ethics, Rowman & Littlefield. pp. 39-68. 2001.
    In this article, I argue that the kind of suffering that prisons impose upon people who are incarcerated disregards their uniqueness and fails to meet their basic needs in a manner which violates their dignity and worth as human beings. Hence, the prison, as an institution, cannot be morally justified. But since the imposition of this kind of suffering is an integral element of a prison’s central function, it follows that a 'Correctional Ethic' is effectively an oxymoron, not dissimilar to an 'E…Read more
  •  210
    This Consultation Report was part of a wider project that aimed to explore the feasibility of a restorative justice service in the context of work-related deaths in Victoria, the first part of which involved a Literature Review. The aim of this Report was: (1) To present the responses that were received in the consultation process. (2) To identify the views of individuals, drawn from key stakeholder groups, on the project's three working hypotheses. (3) To make a set of recommendations, based on…Read more
  •  388
    In this article, I argue that guilt and shame are not distinctive emotions. Instead, guilt is best seen as a kind of shame. I present three reasons for this view: First, guilt cannot merely arise as a consequence of how we evaluate our behaviour, since how we act implicates the whole self. Second, guilt cannot be relieved by taking responsibility, apologising and making amends unless it is a kind of shame. Third, the empirical research that seems to show that ‘shame’ and ‘guilt’ are distinct can…Read more
  •  565
    This paper explores the feasibility of offering a restorative justice (RJ) approach in cases of domestic violence (DV). I argue that widely used RJ processes—such as ‘conferencing’—are unlikely to be sufficiently safe or effective in cases of DV, at least as these processes are standardly designed and practiced (Sections 1-6). I then support the view that if RJ is to be used in cases of DV, then new specialist processes will need to be co-designed with key stakeholders to ensure they embody not …Read more
  •  254
    Thomas Reid (1710–96) is increasingly being seen as a highly significant philosopher and a central figure in the Scottish Enlightenment. This new edition of Reid's classic philosophical text in the philosophy of mind at long last gives scholars a complete, critically edited text of the Inquiry. The critical text is based on the fourth life-time edition (1785). A selection of related documents showing the development of Reid's thought, textual notes, bibliographical details of previous editions a…Read more
  •  139
    This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal criminal liability for corporate fault.…Read more
  •  28
    Thomas Reid: Essays on the Intellectual Powers of Man: A Critical Edition (edited book)
    with Knud Haakonssen
    Edinburgh University Press. 2001.
    This is Thomas Reid's greatest work. It covers far more philosophical ground than the earlier, more popular Inquiry. The Intellectual Powers and its companion volume, Essays on the Active Powers of Man, constitute the fullest, most original presentation of the philosophy of Common Sense. In the process, Reid provides acutely critical discussions of an impressive array of thinkers but especially of David Hume. In Reid's eyes, Hume had driven a deep tendency in modern philosophy to its ultimate co…Read more