William Bell

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment.

The first and greatest commandment according to Jesus, and so the one most central to Christian practice, is the command to love God. We argue that this commandment is best interpreted in aretaic rather than deontic terms. In brief, we argue that there is no obligation to love God. While bad, failure to seek and enjoy a union of love with God is not in violation of any general moral requirement. The core argument is straightforward: relations of intimacy should not be morally imposed upon autonomous beings. We contend that such reasoning applies to human beings’ relationship to God. So, even if our ultimate end is to enjoy communion with God, God has no right that human beings seek a relationship with him. If this is correct, then the command to ‘love God’ is not the sort of moral principle that can be supported by threats of hellfire or other forms of coercion.

A number of theologians and philosophers have found theodical value in the theme of divine solidarity with human suffering. To further develop this theme, I examine what it would mean to assert that Christ on the cross participated in a representative sample of human suffering. Particular attention is paid to Christ’s cry of dereliction. I argue that if God through Christ identified with the very worst kinds of human suffering on the cross, then the cry of dereliction should be interpreted as indicating an epistemic break between God and Christ, and not merely an attentional disruption. According to this account, Christ’s death cry expressed his temporary inability to grasp the significance of his passion and death. In this way, Christ on the cross suffered the full effects of divine hiddenness, thus sharing with horror-sufferers the experience of meaning-negating suffering.