Canadian Journal of Philosophy The Charitable Perspective: Forgiveness and Toleration as Supererogatory Author(s): Hagit Benbaji and David Heyd Reviewed work(s): Source: Canadian Journal of Philosophy, Vol. 31, No. 4 (Dec., 2001), pp. 567-586 Published by: Canadian Journal of Philosophy Stable URL: http://www.jstor.org/stable/40232133 . Accessed: 14/01/2012 05:41 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Canadian Journal of Philosophy is collaborating with JSTOR to digitize, preserve and extend access to Canadian Journal of Philosophy. http://www.jstor.org CANADIAN JOURNAL OF PHILOSOPHY Volume 31, Number 4, December 2001, pp. 567-586 567 TheCharitable Perspective: and as Forgiveness Toleration Supererogatory HAGITBENBAJIand DAVIDHEYD The Hebrew University Jerusalem Israel 91905 'Mayone be pardon'dand retainthe offence?'asks KingClaudiusin his tormented monologue in Hamlet.Forgiveness appears incompatible with the retention of the offence, both in the sense of enjoying its consequences(Claudius'sarrogationof the Queen and the Kingdomof Denmark) and in the sense of the subsistence of the attitude which underlay the offensive act (his cold-heartednessand ambition).There are,however,views which allow for,even admire,an attitudeof forgiveness towardspeople who have 'retained'theiroffensein some way. This idea of forgivenessis harderto justify,since no change (like repentance) has taken place in the agent. We suggest that the concept of toleration canserveas an illuminatingclue in such an analysis.Thetolerantattitude involves a certainkind of reconciliationwith people who not only have done something wrong in the past, but insist on sticking to their objectionableconductin the presentand the future.Tolerance,in otherwords, is not conditionedby repentanceor by commitmentto behavioraltransformation;it is a kind of unconditional'forgiveness'in advance. Nevertheless,we oftenwant to attributeto forgivenessa specialmoral value by viewing it as supererogatory,indeed a paradigmcase of supererogation.Again, the analogy between forgiveness and tolerationmay prove illuminating:like forgivenessaccordedto the unrepentingparty, toleranceof the persistentviolatorof some standardof behaviorcannot be regardedas a duty;like such 'undeserved'forgiveness,tolerancemay be viewed as supererogatory. The threeconceptsof supererogation,forgivenessand tolerationhave separatelyreceived substantialphilosophicalattentionin the past few 568 Hagit Benbajiand David Heyd decades. The connectionbetween forgiveness and supererogationhas oftenbeen noted. In this paperwe wish to develop the analogybetween forgivenessand toleration,which has been almostentirelyignored.This analogy will lead to the characterizationof tolerationin some typical contextsas supererogatory,which too has hardlybeen noticed or elaboratedin the literature. A note of methodologicalcaution should be made before embarking on the detailed analysis.Unlike the conceptof supererogation,which is theoreticaland typically confined to philosophicaldiscourse,the ideas of forgiveness and toleranceare widely appealed to in everyday discourse. Thus, the concept of supererogationis well defined, often in a theory-dependentway, while forgiveness and tolerance suffer from blurredconceptualcontoursand theirscope of applicationis controversial. By suggesting an analogy between toleranceand forgiveness and by arguingfor the supererogatorynatureof both, we by no means wish to deny contextsin which our analysis does not fit everyday usage. We shall, accordingly, mention the contexts and views which hold both forgivenessand toleranceas obligatoryor forbidden.Butit is hoped that the analogy will capture some important dimension in their deontic characterizationand source of moralvalue. 1. TheParadoxof Forgivenessand Toleration The fundamentalsimilaritybetween forgiveness and tolerationlies in theirapparentlyparadoxicalnature.Genuineforgivenesscan be shown only when real offense has taken place. Similarly,tolerancein the strict sense is granted only to people whose behavior is held as objectively wrong. Though the paradoxical nature of toleration has often been noted, that of forgiveness has not received much attention.Partof the reasonmay be due to the slogan Tout comprendre,c'est tout pardonner' (To understandall is to forgive all'). This catch phrase is misleading. Strawsonreports:'Incidentally,the best commenton this familiarslogan I ever heard was made by J.L.Austin. He said: "That'squite wrong; understandingmight just add contempt to hatred.'"1The analogy between forgivenessand tolerationsupportsthe intuitionof Strawsonand Austin. But if this is so, what could be the basis of forgivenessand tolerance? Afterall, the wrong involved in the offensive act gives good reasonsfor resentment (in the former) and for active intervention (in the latter). 1 P.F. Strawson, Skepticismand Naturalism (London: Methuen 1985), 37 n.5 The CharitablePerspective 569 Thesereasonsmay even be seen as imposing a dutyof adoptinga hostile attitudeor takingpreventivemeasures.On the otherhand, we all seem to believe in the generalsuperiorityof the conciliatoryalternativethatis associated with forgiveness and toleration.Strictly speaking, then, it seems thatthe duty to tolerateapplies only when thereare good reasons not to tolerate;and true forgiveness can be shown only when there are good reasonsfor maintaininga hostile attitude.In that sense, toleration and forgiveness seem to be 'impossiblevirtues/ in BernardWilliams's terminology.2 Therearetwo commonstrategiesfor dispellingthe paradoxin the two cases: one can either deny the existence of good reasons for continued resentmentor interferencein the behaviorof others,on the one hand;or rejectthe value (even the legitimacy)of the moralindulgenceassociated with forgiving and tolerant restraint,on the other. The first strategy appeals to a wide rangeof possible considerationsthat might justifythe tolerant and forgiving reaction, that is to say, the overcoming of the originalgood reasonsfor a negative attitude:mitigatingcircumstances, the ideal of public peace, moral skepticism and value relativism, or pragmaticconsiderationsrelatingto the price of continued resentment and persecution.The general idea would be that the conflict between justiceon the one hand and forgivenessand toleranceon the otheris only apparent,since the latterare appropriateonly in those circumstancesin which they are required by justice.Thus,for example,the just reactionto a one-time offense by a friend calls for condonation;or the rights of minoritiesto maintaintheirculturalidentity demands that the majority respectthem. This strategyreduces forgivenessand tolerationto justice, thus missing theiruniqueness.Bybypassing the air of paradoxinvolved in the two concepts,it ignores a kind of tension that we find inherentto them. The second strategyperhapsappeals less to our contemporarymoral sensibilities.Butin the firststages of its troubledhistoryin the sixteenth and seventeenthcenturiesthe idea of tolerationwas commonlycriticized as a manifestationof moral infirmity,indulgence, and lack of commitment to values. In our own days, politicalculturesthat do not belong to the liberaltraditionoftenfind the idea of tolerancealien,even repugnant. Forgivenessis less open to such systematiccriticism,but neverthelessis often consideredto be a sign of a morallysoft personality,a lackof moral backbone. Nietzsche holds an explicit negative view of forgiveness, 2 Bernard Williams, Toleration: An Impossible Virtue?' D. Heyd, ed., Toleration:An Elusive Virtue (Princeton: Princeton University Press 1996), 18-27 570 Hagit Benbajiand David Heyd which he considersas nothing more than impotenthatred.3TaraSmith, in a recentarticle,offersa radicalcritiqueof both tolerationand forgiveness as 'well-intentioned compromises/ and argues that they 'often sabotagejustice/4 In the presentarticlewe wish to takean intermediarypath.Unlike the first strategy,which involves widening the scope of the two concepts, we take forgiveness as analyticallydistinct from condonation, mere indulgence, or overlooking;and toleranceas distinguished from compromise, indifference and respect for rights. Contraryto the second strategy,that leaves a very narrow range for the legitimateapplication of them, we argue for their unique moralvalue. In other words, by narrowingdown the scope of applicationof the conceptsof forgiveness and tolerance,we wish to highlighttheirvirtuousnature.Butthis canbe done only by abandoning the territoryof duty and justice, that is, by focusing on the particularsupererogatorycharacterof both concepts. The rest of this paper is accordingly devoted to two complementary endeavors: first, a conceptualanalysis of forgiveness and tolerance as analogous forms of reactiveattitudesto morallyobjectionableconduct; and secondly, a normativeanalysis of theirdeontic status and value. It is hoped that in this double enterprise the paradox of toleration and forgivenessmay be explained,though not necessarilyresolved. 2. FromActs to Persons Forgiveness and toleranceare reactive attitudes in Strawson'ssense:5 they are responses to forms of behavior considered morally wrong or offensive. Being typically indulgent, i.e. deviating from the deserved negativeor criticalreaction,they callforrestraint.Forthe offendedparty, the natural and morally justified response is resentment, anger and dissociation.Forthe witness of a morallywrongbehavior,the reasonable response is criticism or active interference.Forgiveness demands the overcomingof resentment,an effortto avoid continuedvindictiveness. Tolerancecalls for a similar inner struggle against the moralisticten- 3 Avishai Margalit, 'Vergeben und Vergessen/ W. Edelstein and G. Nunner-Winkler, edsv Moral im Sozialen Kontext(Frankfurt:Suhrkamp 2000), 489. F. Nietzsche, Thus SpokeZarathustra,II, 3 4 Tara Smith, Tolerance & Forgiveness: Virtues or Vices?' Journalof AppliedPhilosophy 14 (1997), 31 5 P.F. Strawson, 'Freedom and Resentment/ P.F. Strawson, ed., Freedomand Resentment (London: Methuen 1974) The CharitablePerspective 571 dency of imposing one's standards on others, even when others are correctlyheld to be in the wrong. The restraintcommon to forgivenessand toleranceshould be understood as clearlydistinct from other forms of forbearancefrom negative response. Forgettingwhat you have done to me does not mean that I have forgiven you. Feeling utter equanimityregardingpeople's sexual conduct does not amount to sexual tolerance.The restraintmust have a price,be associatedwith some effort(psychologicalor moral),or involve suffering(as impliedby the etymology of the word 'toleration').Forgiveness and tolerationare intentionalattitudesratherthanmerepsychological dispositions.Individualsmighthave a forgivingor tolerantcharacter, but these arejustpersonalqualitieswhich makethe intentionalresponse of restrainteasierfor them.In otherwords, forgivenessand toleranceare not automaticor 'natural'responses but requiresome sort of deliberation, a mental process guided by reasoning and decision. Alyosha Karamazov,who in a way is blind to evil, both as done to others and particularlyas done to himself, cannotbe consideredeither tolerantor forgiving in the strict sense. The restraintwe are interestedin must be principled,supportedby reason,and hence intentionallychosen. As some contemporarytheoristsof tolerationhave shown, the object of tolerationmust be objectivelywrong, thatis to say, theremust be good reasonsto oppose the toleratedbehavior.6Thus though we may appreciate the psychologicaleffortinvolved in the racist'srestraininghimself from suppressing what seems to him obnoxious behavior or life style, we would hardly want to describe this as tolerance.It is merely the overcomingof a prejudicethatshould not have existed in the firstplace. A similarcondition applies to forgiveness:when an individual erroneously believes thatshe was maltreated,therecanbe no room for forgiveness. Forgivenesscannottakeplacewhen thereis nothingto forgive,and once the subjectrealizesthat she was not reallywronged, we expect her to revise her attitude from that of forgiveness to that of apology (a revision equally appropriateto the 'tolerant'party who becomes aware of the groundlessnessof his initial objection). This stringentconditionof the wrongness of the forgiven or tolerated behaviorunderscoresthe paradoxicalnatureof the indulgent response: why should a genuinely bad act be forgiven or tolerated?The solution we would like to offerinvolves the separationof acts from persons.The literatureon forgiveness is replete with referencesto this distinction. Thus, for example, Trudy Govier writes that 'forgivenessis something 6 John Horton, Toleration as Virtue/ D. Heyd, ed., Toleration:An Elusive Virtue (Princeton: Princeton University Press 1996), 33 572 Hagit Benbajiand David Heyd we extend or do not extend towardspersons;it fundamentallyaffectsthe relationshipsbetween persons. And yet, it is deedswhich are said to be unforgivable/7JoramHaberalso holds that the separationbetween the wrong act and its agent is centralto the understandingof the possibility of forgiveness,as well as thatof regretand remorsewhich areconditions of forgiveness.8JeffrieMurphy quotes the Augustinian distinctionbetween sin and sinner as the basis for both repentanceand forgiveness.9 Since forgiveness consists of the re-establishmentof personalrelations, the possibility of the separationbetween the deed and the agent is a natural assumption. However, we would like to use the analogous structureof forgivenessand tolerationand argue that the same distinction is crucialin the analysisof the latter.We toleratepeople, not actions. A promisingnew way to understandthe distinctionbetween acts and We may persons operative in forgiveness and tolerationis perceptual.10 takeour lead fromthe very commonvisual metaphorused in the context of forgiveness:'seeing in a differentlight/ We often urge vindictive or intolerantpeople to try and look at the situationthat gave rise to their resentment or indignation from a different perspective. We usually mean to encourage the offended party to shift her attention from the judgmentof the offensive act to the judgmentof the offender.A change in judgment may emerge either out of the replacement of a wrong judgment by the right one, or by the shiftfrom one.perspectiveto another. Theformerconcernsthe judgmentitself;the latterapplies to what might be called 'the medium' of the judgment, the lens through which it is formed. For instance,we might look through the window pane at the landscape,eitherfocusing on the landscape,hardly perceivingthe glass through which we see it, or focusing on the window itself, seeing the landscapeat most as blurredspecks of colors and contours. The visual metaphor highlights an important factor in the kind of changewe are tryingto describe.On the one hand, thereis the compatibility of the two judgmentsin the sense thatboth arepossible,legitimate, or valid; on the other, the impossibility of holding the two judgments and acting on them simultaneously.Forgivenessand toleranceinvolve, 7 Trudy Govier, 'Forgiveness and the Unforgivable/ AmericanPhilosophicalQuarterly 36 (1999), 65 8 Joram Graf Haber, Forgiveness(Savage, MD: Rowman & Littlefield 1991), 104 9 Jeffrie Murphy and Jean Hampton, Forgivenessand Mercy (Cambridge: Cambridge University Press 1988), ch. 1 10 This idea was first suggested by David Heyd in his introduction to D. Heyd, ed., Toleration:An Elusive Virtue, 10-17. The CharitablePerspective 573 we suggest, a Gestaltswitchof the kind illustratedby the rabbit-duck image or by other examples in standardtextbooksof psychology, like that of the window pane. The perceptualanalogy fits some fundamentalqualities of both forgiveness and tolerance.Pardonand tolerantrestraintby no meansimply that the originalnegative objectionto the offense or wrong action was overcome in the sense of being overridden by stronger reasons. The whole point of forgiveness,which to our mind equally applies to tolerance, is that it does not reduce the commitmentto those values on the basis of which the initial negative response was made. Tolerancedoes not express any consent or acceptanceof the toleratedbehavior.On the contrary,it implies a negative judgment.It consists merely of a shift in focus fromthe act to the actor,froma legitimatejudgmentalperspective to an indulgent charitableone. Both forgiveness and tolerancemay be easier for a person of kind and lenient disposition, but a decision is necessarily required to adopt one perspective ratherthan the equally valid other. Similarly in forgiveness, as long as one focuses on the wrongness of the act, the forgivingattitudecannotoccur;it is ratherthe harboringof resentment.This does not mean that once forgiveness is granted,the offense is completelyobliterated.The agent can in principle always switch back to the judgmental perspective, that is call forth awarenessof the iniquity of the act. The perceptualmodel of a Gestalt switch, which we are suggesting here, characterizesthe tension between acts and agents as objects of moralevaluation.Thereis of course a close link between the evaluation of actionsand of theiragents, the one reflectingthe other.Virtuousacts are only those performedby virtuous individuals, says Aristotle,but a virtuous charactercan only be formed through the performanceof virtuousacts.However,despite this circularity,phenomenalike forgiveness and tolerancesupport the need for separatingthe two, at least up to a certain point, as we shall see. Moral judgment may be either impersonalor personal;it takesas its objectsactionsand statesof affairs, on the one hand,and humanagents,on the other.Actionsmay be judged as rightor wrong irrespectiveof theiragents;they areevaluatedin terms of impersonalnorms and rules.Human subjectsare virtuous or vicious, trustworthyor disloyal, in their character,that is in their dispositions, patterns of deliberation,the integrity with which they adhere to their beliefs and principles, etc. The perspectival analysis suggested here enablesus to evaluatea given moralprincipleeitherin theabstract,i.e. in itself, or in the way it has been adopted by an individual,the mannerin which it coheres with the individual's overall system of beliefs and principlesand the weight given to it by the subject. The idea of a perceptual shift of attention is different from John McDowell'sperceptualanalysis of virtue. In McDowell'sanalysisthere 574 Hagit Benbajiand David Heyd is only onecorrectmoralreadingof a given situation,and in the virtuous mind this perception silencesall its alternatives.11 This means that the situationcalls for eithera negative reactionor, all things considered,for toleration(or forgiveness).No room is left for the paradoxicalnatureof the two virtues.Oursuggestion,based on the analogyto the rabbit-duck case, holds that in forgivenessand tolerancewe can and should be able to freely switch from the impersonalperspectiveto the personal.There arecontexts,like the exerciseof judicialpower by the court,in which the impersonalview should dominate.Thereare othercontexts,such as the exerciseof legal pardonby the king, in which the personalperspective becomes relevant. But as in the Gestalt examples, there is no ultimate way of fully integratingthe two perspectives.There is no general and systematicway of combiningthe impersonalnegative judgment of the offensive act with the personal acceptanceof its agent as a friend or fellow-citizen. Thus, forgiveness and tolerationdo not silencethe judgmental attitudes of resentment and criticismbut rathersuspendthem. Like Coleridge's 'willing suspension of disbelief/ they involve putting aside one perspective without denying its legitimacy and without blocking the way to revertto it at any time (by a simple act of will). Moving fromthe 'realistic'perspective to the 'fictional' is grounded in good aesthetic reasons(withoutit therecan be no theatricalexperience),but it does not reduce the validity of the realizationthat 'this is only fiction,' that the characterson stage are 'just'actors.Realityand fictioncannotbe simultaneouslyexperienced,but they aremutuallydependent.So areforgiveness and tolerance, whose point and value derive exactly from the 'willing suspension'of the otherwisevalid judgmentalpoint of view. The separationof the personal from the impersonalperspective applies to the forgivingand tolerantsubjecttoo, not merely to the forgiven and tolerated party. This is a separationbetween action and mental attitude.But it is interestingto note that this separationtakes opposite forms in the two cases. While in forgiveness,one can act in a negative manner toward the wrongdoer (e.g. punish him) and simultaneously adopt a forgivingattitudeto him, in tolerationone objectsto the other's practicebut refrainsfrom acting in a hostile way. Whereas toleration involves practicalacceptance(on the level of action) combined with a negativejudgment,forgivenessadopts a positive attitudewhich is compatiblewith some form of punitive action. 11 John McDowell, 'Virtue and Reason/ Monist 62 (1979), 335 The CharitablePerspective 575 Finally, forgiveness applies exclusively to actions done in the past (thereis no forgiveness,not even a promise for forgiveness,for actions which one plans or intends to carryout in the future).Tolerance,however, is exercised towards actions both present and future. The whole point of a tolerantattitudeis that it is declarativewith regardto future responsesto certainpractices(otherwiseit would not have much political value in managingon-goingsocialrelations).Thedifferencebetween the two kinds of restraintis due to the ad hoc nature of forgiveness, which operateson an individualone-timebasis,and toleration,the objects of which are typesof actionor practices.Thus I forgive my neighborfor the noisy party which she held last night, but I tolerate her repeated attemptsto enlist me to her wrong-headedpoliticalcause. The Deontic Status of Forgivenessand Toleration The analogy between forgiveness and toleranceexposes the variety of normative evaluations in various contexts. Deploying the traditional three-fold deontic classification,the two attitudes may be viewed as eitherobligatory,permissible,or prohibited.The difficultphilosophical problem is how to draw the lines between the three. Our argumentin this articleis that although both toleranceand forgiveness may sometimesbe seen as a duty and both have limitsbeyond which they not only lose theirparticularvalue but become plainly forbidden,they areessennature. That is to say, they are permissible tially of a supererogatory admirableattitudesbased on personal discretion,and as such are of a special moralvalue. I Prohibition As we have shown the most typical cases of both forgiveness and tolerancetake as theirobjectbehaviorthat is objectivelyoffensive,bad, or unjust. If that is the case, then the borderlinebetween the tolerable and the intolerable,the forgivableand the unforgivable,might alternatively be drawn in terms of the degree of 'badness' of the behavior in question:practiceswhich are socially harmful in a way which makes them criminalaretypicallyintolerable;the behaviorof Nazi officerswas so atrociousthat it can never be forgiven.12 12 See Govier for a comprehensive discussion of unforgivability, referring to Martin Golding and to Jean Hampton. 576 Hagit Benbajiand David Heyd Theremay be all kinds of reasons for treatingan act as unforgivable or intolerable.But one reason that is particularlypertinentto the view presented in this article is that some acts so intimately reflect on the badness of their agent that the separationof act from agent cannottake place.13Systematictortureof childrenis not only a monstrouspractice, but reflectson the overallpathology and corruptionof the perpetrator's soul. We do not forgive our friendswhen theiroffensive deed makes us realizethat they are completelydifferentpeople from what we thought they were. On the social and political level we find that behaviorintolerablewhich manifestsa personalitywith whom we do not wish to live in the same community. The ultimate case of the inseparabilityof agent from action, which makes forgiveness and toleranceimpossible (ratherthan forbidden),is the reflexiveattitude:the reasonwhy we find it difficultto apply tolerance and forgiveness to ourselves is due to our identificationof what we do with what we are. I cannottoleratemy own behaviorwhen I judge it to be wrong, becauseby so judging it I sincerelycommit myself to change my ways. Finally,there is the interestingissue of the prohibitionof forgiveness in the name of others. In the standard case, the forgiver must be the offended party, the one who suffered the harm. One is not in a moral position to forgive another for an injuryperpetratedon a third party. However, there are controversialcases in which, for example, children of the victims may exercise the power of forgiveness. These can be treated as 'secondary'victims, close enough to the primary victim to claim to have been harmed and hence be in a position to forgive. Although this condition is not usually mentioned in the context of toleration,it seems to have an analogousapplication.Toleranceis shown only by those who stand to lose something by restrainingthemselves from intervening,those who 'suffer'from the behaviorof the tolerated party. Theirsufferingis a function of theirbeing membersof the same community as those who directly suffer from the wrong. Thus people who believe that abortionshould be allowed in theirsociety, and might even one day need one, can be said to suffer from pro-lifers'aggressive behavior, although not as directly as women whose entrance to an abortionclinicis obstructed.Itis only too easy to show tolerancetowards others with whom we have no contact,no common social interestsor mutual relations. 13 We fully adopt Trudy Govier's formulation of this inseparability condition of the unforgivable in Govier, 69. The CharitablePerspective 577 II Obligation The second, more common ethical view of forgiveness and toleration goes to the other extreme on the deontic spectrum, treating them as obligatory.One typical argumentin this line is of a 'corrective'nature: forgiveness and toleration, like equity in the Aristotelian sense, are fine-tuningdevices, in which the distortionsof the applicationof general rules are rectified.Thus, the process of repentanceand expression of remorsecreatea duty of forgiveness;the recognitionof the autonomyof individuals imposes a duty of tolerantrestraint.Withholdingforgiveness or toleranceis judged as morallywrong and condemnable. Christianmorality has raised forgiveness to the status of supreme, even constitutive value, as liberal democracy has done for tolerance. Divine forgivenessis the model for imitationby human beings, and the unforgiving human being cannot expect to be forgiven by God. Similarly, in the liberalview the separationof the political from the moral requires,as a fundamentalprinciple,mutual tolerationby citizens in a heterogeneoussociety. The feeling is that forgivenessand tolerationare not merelyvirtuousdispositions,but positive requirementsforChristian moralityand the liberalview, respectively. III Supererogation We have so far examined contexts in which tolerationand forgiveness are either obligatory or prohibited. We have also mentioned ethical approacheswhich considertolerationand forgivenessas wrong in generalor as a duty in general.However, these contextsand approachesare exceptions ratherthan the rule. Tolerationand forgiveness are usually thought of as permissions, i.e. as containing an optional element. But they are not permissible in the neutral sense: in most cases they are treatedas morallyvaluable.In being good and permissiblethey belong We would like to argue that the to the category of the supererogatory. special moral value of forgiveness and tolerance lies exactly in their supererogatorynature,the factthat they lie beyond the call of duty. The categorizationof forgiveness as supererogatoryhas already been suggested in the past.14Buttolerancehas rarelybeen viewed in those terms.15 14 David Heyd, Supererogation:Its Status in Ethical Theory (Cambridge: Cambridge University Press 1982), ch. 7 15 An important exception, to which we shall refer shortly, is Glen Newey, Virtue, Reasonand Toleration(Edinburgh: Edinburgh University Press 1999), ch. 2. 578 Hagit Benbajiand David Heyd One possible reasonis that unlike forgiveness,tolerancehas been traditionally understood as a politicalvirtue or attitude,primarilyexercised by governments and institutions. But once toleranceis interpretedas consistingof a change of perspective,a kind of Gestaltswitch, it comes much closer to forgiveness in being personal in nature. Individuals, unlike institutionswhich are committedto justiceand fairness,may go beyond the universalizableand impersonallyapplied rules of duty, that is to say, act supererogatorily. An intermediatesolution of the deontic classificationof forgiveness and toleranceconsists in treatingthem as requirementsthough not as duties associatedwith both Kant strictduties. Thisis the idea of imperfect and Mill. One common characterizationof these duties relatesto them as duties which have no correlativerights. Thus, I am under a general duty to forgive and tolerate(in certaincircumstances),but no particular individual holds a right against me to be forgiven or tolerated.In more Kantianterms,I retaindiscretionconcerningthe particularinstancesin which I show forgiveness or tolerance,although it would be morally wrong for me to consistentlyavoid forgiving or toleratingothers.This intermediatesolutionfits well with the idea of forgivenessand tolerance as essentiallyof a corrective nature,i.e. as a kind of equity. And indeed, as we have seen, there is a sense in which amnesty and pardon, some formsof leniencyand turninga blind eye aremorallyrequiredpositions. However, they do not form the main core of forgivenessand tolerance. Themoving and noble aspectof supererogatorybehaviorin generaland of forgivenessand tolerancein particularhas to do exactlywith its lying beyond any kind of requirement. Haber is attractedto this deontic classificationof forgiveness as an imperfectduty. In his view, if the wrongdoer does not repent,forgiveness is completely out of place, but if he does, although the wronged partyhas strongmoralreasonsto forgive,the wrongdoerhas no rightto be forgiven. There is thus an imperfect duty to develop a forgiving character,but there is no duty to forgive in any particularcase.16In the case of toleration,D.D. Raphaelappealsto the same distinctionbetween perfectand imperfectduties,but relatesit to the criterionof corresponding rights in a slightly different way. The intolerable is that which involves the infringementof the rightsof others.If the behaviorof which we morallydisapprovedoes not involve such an infringement,then we 16 Joram Graf Haber, ch. 4 The CharitablePerspective 579 maytolerateit (and under some conditionsshoulddo so).17The common purpose of all these appeals to the idea of imperfectduty (oftenreferred to by the oxymoron 'supererogatoryduty') is the resolution of the paradox of both forgiveness and toleration:why should we restrain ourselves from a negative response to a morally wrong behavior?The intermediatedeonticstatusattemptsto do justiceboth to the desirability of such restraintand to the negative judgment of the behavior which justifiesresentmentor interference. Accordingto the analysis we propose in this article,forgivenessand toleranceare (at least in their most typical manifestations)supererogasense, thatis to say, fully optionaland unboundby tory in an unqualified a moral kind of duty. They consist of a radicalshift in the way one any views a situationwhich is due neitherto any problem in the judgment of the case (as the correctiveanalysisholds) nor to any fault in the judge herself (as, for instance,the lack of any personalexperienceof the kind of conditions which made the wrongdoer commit his offense). We suggest that thereis a generalmoralreasonfor the shift from the impersonal, 'judgmental'point of view to the personal, 'understanding'perspective.Sucha shift is good and valuable,both for the recipientand for the forgiving and tolerantsubject.Furthermore,it is good for the interpersonalrelationsbetween the forgiverand the forgivenperson and no less for the social relationsbetween individuals and groups that show each other tolerance.The receiverclearly stands to benefit in being left to behave as she wishes or in being readmittedinto the previousfriendly relationship.The subjectis given a chance to show magnanimity,patience and self-control.Interpersonalrelationsare made smoother,and both forgivenessand tolerancepromotemutual trustand friendshipon the individual level and solidarityand confidenceon the social. Since forgiveness and tolerationconsist of the substitutionof a sympatheticperspectivefor the impersonal,judgmentalone, the reason for the substitutioncannot logically create a duty. The whole point of the perspectivalshift lies in the suspension of the 'just' assessment of the case for the sake of a higher ideal (the restorationof friendship,respect for individualautonomy,the creationof trust).It is a personalattitudein that only the offended or 'suffering'party is in a position to show it without violating the principles of justice. Forgiveness and tolerance involve personalsacrifice,restraint,renouncementof rights.These can- 17 D.D. Raphael, 'The Intolerable/ S. Mendus, ed., Justifying Toleration(Cambridge: Cambridge University Press 1988), 146-7. Raphael himself admits that the distinction between perfect and imperfect duties is not easy to draw and rests on moral intuition. 580 Hagit Benbajiand David Heyd not be exercised by 'third parties/ like uninvolved individuals or the state. The shift to the forgiving and tolerantmode is thereforepurely supererogatory,and its exercisemay be comparedto a gift.As in giving, forgiving may be more or less deserved, but it is never due (as a right, as a matterof justice).This is why both forgiveness and tolerationare never requiredby law and can never be forced. They are by definition free, optional, at the discretionof the donor. It is controversialwhether tolerating others who are themselves tolerant is obligatory or supererogatory,but toleratingthe intolerantgoes definitelybeyond the call of duty. Similarly,forgivingthe repentantis oftenconsideredas a duty, but forgiving someone who has not shown signs of remorse must be regardedas supererogatory.By repenting,the offenderexpresseshis wish to separate his act from his character;by granting forgiveness to the unrepenting,it is we who projectthe separationonto the offender. Goingbeyond the call of duty is often denied by the virtuousagent of the supererogatoryact, who modestly declares that she 'only did her duty/ But such expressions of modesty, typical of heroic actions and sacrifices,cannotoccurin the contextof the supererogatoryattitudesof forgiveness and toleration. The reason is that both assume that the forgivenor toleratedactionwas offensiveor unacceptableand hence the restraintfromresentmentor interferencecannotbe viewed as obligatory. This is why forgiving or tolerant forbearanceare pure examples of supererogation,in which, unlike heroic actions, no controversy can occuraboutthe borderlinebetween duty and gift and no moralmodesty (genuine or false) can be exhibited.Similarly,they cannotbe 'virtuesof ignorance/ manifestationsof innocenceor expressionsof blessed blindness to human evil. It should also be noted that while forgiveness deserves gratitude (from the forgiven), tolerationcannot expect gratitude. This is because the forgiven offender usually acknowledges the wrong he has done, while the toleratedparty does not share the tolerator's view of the wrongness of his action (and hence in the long run expects full acceptanceratherthan mere toleration). We would like to emphasize that the recognitionof forgiveness and tolerationas supererogatoryin nature does not mean that the deontic frameworkmust be abandoned in order to sustain the analysis. Glen Newey, in his carefuland comprehensiveaccountof toleranceas supererogatory argues for an 'aretaic'analysis (which he contrasts to the 'deontic').In his view, tolerationshould be understood in terms of the virtueof the tolerator,the characterof the person who shows tolerance, and this means superseding the deontic characterizationwhich does not solve the paradox of toleration. Our account of supererogation, however, holds that the crucial point in the value of supererogatory behavior (forgiveness and toleranceincluded) inheres in its lying beyond the call of duty, that is to say, being permissible yet admirable The CharitablePerspective 581 conduct.18Charactertraits, like patience or kindness, may indeed be instrumental in enabling the subject to make the necessary shift of perspectives,but are not constitutiveof it. Unlike Newey, who believes that tolerationcan be shown even without the awarenessof the subject, let alone a deliberativeprocess, we claim that toleration(and forgiveness) involve a cognitive and intentionalelement.19 Forgiveness Toleration The intolerable, supreme danger to society Prohibition The unforgivable, extremeevil or corruptcharacter Obligation The religious duty to The necessity of forgive;correctionof politicaltolerationin undeserved pluralisticsociety resentment Supererogation The restorationof friendship,the free giving of personal credit The creationof communal solidarity,the charitableview of fellow-citizens ThePrincipleof Charity Toleranceand forgivenessare kinds of gifts. The gift consists primarily of a generousattitude,a sympatheticinterpretationof the circumstances of an action which could equally be judged as wrong and deserving a negative response. We would accordinglylike to referto the forgiving and tolerantattitudes as charitable perspectives.They ignore the offensive aspects of the action and focus on the way it can be understood, interpretedand explainedagainstthe backgroundof the overallscheme of behavior,the life plan of the agent. Forgivenessand toleranceinvoke a principle of charity which is not dissimilar to its famous semantic counterpart.In the same way as Davidson's Principleof Charityis the 18 Cf. Heyd, Supererogation,5 & 163. 19 Newey, 54 582 Hagit Benbajiand David Heyd condition for a linguistic community in which the utterancesof others can be interpretedby us, so is tolerationnecessaryfor a community of citizens in a liberal-pluralistsociety in which solidarity and peaceful coexistence is made possible, and so does forgiveness express (even create)personalrelationshipsof friendshipand trust. Now, if we adopt the more restricted version of the Principle of Charity,the point of which is to make the interpretedbelief true(which is Quine's understandingof the principle),then of course the analogy with forgivenessand tolerationbreaksdown. For,the forgivenor tolerated actionis typicallyconsideredwrongand the toleratedbelief - false. ThePrincipleof Charity,accordingto some of Davidson'searlierformulations,also attemptsto interpretalien sentencesin a way which would make their speakersright, or 'truebelievers,'whereas forgiveness and tolerationdo not try to assign any moral truth or justificationto the practiceswhich have raised the initialnegative response.However, the Principleof Charitycan be given a wider sense accordingto which its aim is not merely to 'interpretso that the objectsof interpretationare generally true believers, but rathera collection of all those principles which together regulate the ways in which beliefs, desires and actions rationallyconnect with each other.'20Here we are getting closer to the analogy between the semanticand the moral versions of the charitable perspective.Whatcountsis the rationalityof the beliefs or practices,that is to say theirinternalvalidity, ratherthan theirtruth.And thatrequires a shift fromthe 'atomistic'(abstract)judgmentof the particularbelief or actionto the holisticinterpretationand understandingof the agent.Both in Davidson and in our view of tolerationand forgivenessthe objectof this personalapproachis the agent as the source of intentionalaction. This wider view of the Principleof Charity(adoptedby Davidson in his later writings) is closer to what we are discussing here, since it is compatible with the wrongness of the 'tolerated' object. 'If we can recognizehow we, in certaincircumstances,would have a certainbelief which, in our role as interpreterwe thinkis mistaken,we can, according to the new Principleof Charity,attributeto the interpreteethis mistaken belief.'21This ability of putting oneself in the other's shoes is equally typical of tolerance and forgiveness, which require imagination and 20 Simon Evnine, DonaldDavidson(Cambridge:Polity Press 1991), 110. Davidson himselfdeclaresthat'theaimof interpretationis not agreementbut understanding' and thatthis amountsto recognizing'whatconstitutesa good reasonforholdinga intoTruthandInterpretation (Oxford:Clarenparticularbelief/ D. Davidson,Inquiries don Press1984),xvii. 21 Evnine,109 The CharitablePerspective 583 sympathyand enablethe toleratorto test the innercoherence,authenticity and sense of the toleratedbehavior.The charitableperspectiveis in its essence holistic. It does not require the truth or correctnessof any particularvalue orbelief,althoughit does assume thatsomeof the other's beliefs and values are true and correct(e.g. ascribingto the tolerated person the intention of doing good, acting in her own interests, or promoting well-being in the world). A satanically malicious person cannot,for exactly that reason,be forgiven or tolerated,because such a person cannotbe creditedwith any valuable principleor intention;this would be analogous to a baby whose babbling cannot be given any meaning. Indeed, Davidson's point in his version of the Principle of Charityis to insist on there being a sharedbelief in some fundamental truths(primarilyof a perceptualkind or, in the interpretationof action, the belief thatone is actingon one's betterjudgment).Butcharityapplies to that part of the belief system which is not shared by the interpreter and the interpretee,or analogously by the toleratorand the tolerated. Here, understandingratherthan agreementshould be operative. But instructive differences remain between the two poles of this analogy.Whilethe Principleof Charityis necessaryforinterpretationand translation,since without it we have no reason to treat the other as a rationalsubjectholding beliefs or saying anything,the moraljudgment of other people's behavior does not require a tolerant or forgiving attitude.We can hold agents morallyreprehensibleand responsiblefor theirdeeds by judging theiractionsimpersonally.Thisjudgmentindeed calls for a Davidsonianprincipleof charityin the sense that the agents' acts must be interpretedas intentionalor voluntary.But our argument was that tolerationand forgiveness, beyond their correctivefunction, amountto morethanexemptingthe agentfromresponsibilityforthe act. Tolerationand forgivenessare, therefore,purely optionalNevertheless, in the sameway as charityis constitutiveof the possibilityof a community of interpretersand rationalbelievers,so is it constitutiveof the possibility of a community of citizens in a variegated society (toleration)and of friendshipand love (forgiveness).And the limits of the applicationof the principle are also analogous:robots and babies are not candidates for interpretationas rationalagents, since the scope of theirbehavioris too narrowand restricted;similarly,people in alien culturesare not candidates for our tolerant restraint,since we do not share with them a minimal communalinterestor feeling. Forinstance,Americansmay be indifferentto customs such as female circumcisionas long as they are practicedin Africancountries,but once these practicesareperformedby Africanimmigrantsin Americansocietyand territory,the issue typically becomes that of toleration(and its limits). The analogy to the Principle of Charity accordingly suggests the following conclusion:taking the agent as a rationalbeing is a necessary 584 Hagit Benbajiand David Heyd conditionfor interpretingher utterances.It is in this sense necessaryor 'obligatory/ But adopting the personal perspective of the agent of a repugnantor offensive act is not obligatoryor necessaryto being able to interpret and judge the action in question; it is supererogatory.The differencebetween the two is due to the fact that while interpretation takes place in a universal community of interlocutors,tolerationand forgiveness are shown only within a narrowergroup of fellow-citizens and friends. And the whole point of the morality of supererogationis that there is no duty to expand the borders of these restrictedgroups based on personalrelations.In otherwords, I have no choicein applying the Principleof Charityto speakersin alienand remotecultures(if I wish to understandwhat they are saying),but I have full discretionto decide whether I want to include someone in the group of people to whom I want to relate personally, in a particularisticway, as a friend or as a member of a community with which I feel solidarity. This discretion makes forgivenessand toleration,unlike the semanticanalogue,supererogatory. Furthermore,since the Principleof Charityis necessary,or constitutive of interpretationin its Davidsonianversion,it is not strictlyspeaking a matterof charitylWe do no one (but ourselves) a favorby applying it. Its benefitlies in our abilityto make sense of the speech of others.Butin the moral counterpart,it is the other who stands to benefit from the charitableperspectivewe adopt in judging his behavior.He gets something he does not strictlydeserve.As in bank loans, giving creditalways involves risk;but the riskin grantingcharityis differentin the two cases: in the linguistic context we may fail to interpretthe other or even turn out to be wrong in ascribingto 'it' the status of a rationalcreature;in tolerationand forgivenessour attitudemay be frustratedor undermined by reciprocalhostility, intolerance,or indifferenceto our gestures of friendship. In the former case, we are proved plainly wrong in our charity.In the latter,our charitableattitude does not lose its sense and value; it is still vindicated in some way even when it turns out to be painful and disappointing.On the contrary,such unreciprocatedacts of giving expressthe noblestformof supererogatorybehavior.And beyond that,interpretingan alien speakerin the light of the Principleof Charity does not make'it' rationalif as a matterof fact it is not, but the forgiving and tolerantattitude may often actively transformthe other and make her more friendly,gratefuland equally tolerant. Thus,the perspectivalanalysiswe have suggested for forgivenessand tolerationmaintainsratherthan resolves the tension between the two incompatiblejudgments of the act and the agent; that is to say, the paradox that has been associated with both attitudes is not simply dispelled. This, in our view, is a clear merit of our account. On the conceptual level, it captures the duality of the impersonal and the The CharitablePerspective 585 personal aspects of moral judgment, granting the two equal standing. On the normativelevel, it maintainsthe duality of the two perspectives by avoiding the deontic reductionof forgivenessand toleranceto either a requirement or a prohibition. By according them supererogatory status, the two attitudescan on the one hand be given the special value we wish them to have, at least in some contexts and conditions,yet on the other hand we can still be committed to the moral justificationof resentmentand active strugglefor the good. If, as we believe is the case, the supererogatorycannot be reduced to any form of obligation,there aretwo parallellevels of moraljudgment:thatof justiceand duty, on the one hand, and that of free giving and charity,on the other. Neither is reducibleto the otheror underminesits validity.Althoughgoing beyond the call of duty (andjustice)is admirablein many cases, it is not always so (forinstancein the way a courtof justiceoperatesor distributionsby state institutionsare carriedout), and even when it is, it never revokes the forceof justice. This duality between duty and supererogationis exemplifiedin both forgivenessand toleration.Forgivenessmakes sense only when resentment is justified, when retributionwould be a justified response. It is moving only because the subjectforgoes the negative response which could be both expected and justified. Interpersonalrelationshipsare governedby the complementarydualism of universalizablerules determining the just and the due and discretionarychoices to transcendthe rules for the sake of restoringprevious personal associations.On the more social and group level, we wish to maintainthe duality between thejudgmentalperspective,which involves activecriticismand interference, and principledrestraintfrom doing so on the basis of respect for individual autonomy.This duality is essential to the liberalconception which acknowledges the distinctionbetween the evaluation of actions and that of persons. If tolerationis to be distinguished from relativism and indifference,the judgmentalpoint of view must be retainedeven when it is suspended in favor of the recognitionof the value of personal freedomin the formationof a life plan. Isabellain Measurefor Measureis pleading for mercy for her brother, who in her view too has committeda grievous offense. She is wavering between the two perspectiveswe have been discussing throughoutthis article: There is a vice that most I do abhor, And most desire should meet the blow of justice, For which I would not plead, but that I must; For which I must not plead, but that I am At war 'twixt will and will not. (II, ii) 586 Hagit Benbajiand David Heyd After she asks the duke's deputy to consider the fault ratherthan her brotherwho has committedit, Angelo responds: Condemn the fault, and not the actor of it? Why, every fault's condemn'd ere it be done. Mine were the very cipher of a function, To fine the faults whose fine stands in record, And let go by the actor. Angelo prefersthe strictapplicationof the law and to judge the act on its abstractmerits.He is committedto an impersonalperspectivewhich mightbe appropriateto the politicalmanagementof a community.Only the development of circumstancesin the course of the play teacheshim the moral lesson of forgiveness and the limits of justice. Having been manipulated to become himself a candidate for forgiveness, Angelo comes to acknowledge the distinctionbetween act and agent and the intrinsicsupererogatoryvalue of forgiveness. Received:February,2001 Revised:June, 2001
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