Religion & Law

Our own Patrick Brennan has this interesting paper up on SSRN:

Forgiving is not pardoning, excusing, condoning, forgetting, or reconciling, nor is forgiving just about a change in emotions on the part of a victim. This paper pursues a virtue-theoretic account of the human person in the context of the theology of Thomas Aquinas, arguing that human forgiveness is the form love takes by an offended toward her offender. The paper argues, first, for the priority of the offended person's self-love and, second, for such self-love's extension into love of the offender as another self. The paper explores in depth the challenges of seeing one's enemy as "another self." Forgiving, the paper argues, is the most important act a person performs, because it is an act no one else can perform for us. This has negative implications for its possibility in the criminal law. The argument is developed, in part, in dialogue with contemporary theorists such as Jeffrie Murphy, Joanna North, Charles Griswold, Timothy Jackson, and Gaelle Fiasse.