some of his enemies), the sheer unevenness of prosecution in terms of
   wealth and status (prosecution takes time, and if you engage a lawyer
   it takes money), and the non- prosecution of offenses that didn’t have a
   relatively affluent citizen to take them up. Plato’s Euthyphro depicts this last problem, showing the burden the system imposes on a person of
   good will. Euthyphro’s father has murdered a day laborer, a noncitizen.
   Nothing at all happens, since the day laborer has no relations to initiate
   prosecution— until Euthyphro himself decides to prosecute his father on
   the dead laborer’s behalf. As the dialogue makes clear, it is deeply prob-
   lematic for a son to haul his father into court; and yet it is also problematic for the murder to go unprosecuted. In the absence of public prosecution,
   such problems must have been ubiquitous.
   Worst of all, though, was the encouragement the private- prosecution
   system gave to the retributive passions. Chapter 5 argued that the desir-
   able course for the victim is to mourn the loss but to disengage from fur-
   ther personal involvement with the perpetrator, letting impartial justice
   take over. The Athenian system prevents this disengagement, putting the
   victim in the position of the Furies, obliged to hunt down the particu-
   lar offender. The system itself seems to fuel ongoing anger and fixation.
   Thus, although in other respects the classic Athenian system takes the
   issues dramatized in the Eumenides seriously— treating anger as a disease in the political community, and viewing the public task as the healing
   and reconstruction of diseased interpersonal relations— in this structural
   respect the system is all too continuous with the revenge morality that
   preceded it.2
   No doubt this unsatisfactory feature, together with its prominent role
   in the trial and death of Socrates (who was prosecuted by a group of per-
   sonal enemies), helps explain the fascination of many Greek philosophers
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   171
   with the critique of political retributivism and their repeated attempts to
   replace it with a legal system focused on both reform and deterrence.
   Indeed, this search probably began with Socrates himself, who seems to
   have rejected the lex talionis (“an eye for an eye”) as the basis for dealing with people by whom one has been wronged.3 Certainly the search
   assumes prominence in Plato’s relatively early Protagoras, with its elaborate account of deterrence and reform. In that dialogue, Protagoras
   announces the following policy:4
   One who undertakes to punish rationally does not do so for the
   sake of the wrongdoing which is now in the past— for what has
   been done cannot be undone— but for the sake of the future, that
   the wrongdoing shall not be repeated, either by him or by the
   others who see him punished. … One punishes for the sake of
   deterrence. (324A– B)5
   If it is right to say, with Danielle Allen, that ancient Greek punishment
   was all along a search for a cure for the disease of anger, then these
   thinkers are not breaking with the prior tradition, as Allen suggests,
   but, rather, taking the logical next step— by arguing that the best way
   of curing the disease of anger in political life is to refuse to base institutional arrangements on it.6 At any rate the search for a forward- looking
   and non- vindictive account of punishment, and of criminal justice more
   generally, did not begin with Jeremy Bentham: it was a major feature of
   how both Plato and the Stoics approached the topic of wrongdoing— not
   only as a feature of personal relations but also as a feature of laws and
   institutions. In this respect they followed the suggestive images created
   by Aeschylus, urging that that attractive ideal requires rejecting some
   prominent features of Athenian practice. Still, their positive institutional
   proposals were both too thin and too bound up with their rejection of
   democracy to offer us much help.
   In this chapter I consider what happens to wrongful acts and the
   emotions they inspire when they are made the concern of a working sys-
   tem of everyday political justice: what features of such a system best per-
   form the job of taking wrongdoing seriously, without embracing anger?
   In the next chapter I consider the transition from an era of profound
   structural injustice to an era in which, it is hoped, these injustices will be transcended. This distinction is not always a sharp one. A transition from
   pervasive injustice to a more nearly just regime can occur within one
   basic ongoing constitutional framework, as during the U.S. civil rights
   movement, a time of significant upheaval involving a major reinterpreta-
   tion of the Constitution, but not its repudiation. Or it may involve the
   replacement of one regime by a new regime, as in the case of South Africa,
   which adopted a new constitution. But the two cases are different more in
   172
   Anger and Forgiveness
   degree than in kind, and both will be treated as cases of what I shall call
   “revolutionary justice”— leaving this chapter to deal with wrongful acts
   against individuals or groups within an ongoing legal framework that
   is not itself based, at least at the most abstract and general level, upon
   fundamental injustice.7
   In both cases I follow the thread of the critique of anger and ask what
   becomes of that critique in this new context. A long tradition has held
   that political justice requires angry emotions. Such emotions, it is often
   claimed, are a necessary feature of our interactions with one another as
   responsible agents, and they are required to express concern for the dig-
   nity and self- respect of the wronged.
   What, though, do such claims actually mean? Sometimes they are
   empirical claims about what is needed to motivate and sustain people as
   they seek justice. Such claims are interesting, but speculative and difficult to assess in the context of everyday legal transactions, which involve in
   each case a large number of agents (victims, defendants, lawyers, judges,
   and many others), and in which different people are no doubt motivated
   by many different sentiments and combinations of sentiments. Often
   people don’t even know what motivates them. A more tractable question,
   which will be mine, is, what sentiments are expressed in the structure
   of the legal institutions themselves, and which ones are desirable from
   a normative viewpoint? To put this point in a different way: Imagining
   justice anthropomorphically, should justice get angry at offenders? If not,
   what attitudes should that mythic figure express?
   We must also follow our ancillary concern with forgiveness and apol-
   ogy. What role is there within political justice for public rituals expressing these ideas and sentiments?
   Political institutions, I argue, should emulate the Eumenides: they
   should express forward- looking concern for social welfare and eschew
   the backward- looking angry attitudes that the trilogy rightly depicts as
   both nonsensical (spilled blood never comes back again) and norma-
   tively pernicious to the state (encouraging payback fantasies that create
   cycles of private vengeance). Political institutions should not embody
   incoherent and normatively defective ideas. Nonetheless, as part of their
   welfare- guarding function they ought to take wrongful acts seriously,
   seek to prevent them, and attend to them if they occur, in a Eumenidean
   spirit (which I’ll attempt to describe). There are many specific ways in
   which institutions can guard against the reentry of the Furies, and we can
   illustrate these, although an exhaustive description is beyond my scope.
   Institutions, as Athena emphasized, must be fair and impartial,
   swayed by favor. At the same time, they should also have kindly intent.
   Like good parents, partners, and colleagues, they should embody not
   only a love of justice but also a spirit of generosity that goes beyond strict
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   173
   legalism. Our study of anger and forgiveness in other realms has pre-
   pared us to think well of generous forward- looking attitudes. Our task in
   this chapter must be to map out, for this realm, the proper combination
   of impartial justice, acknowledgment of wrongdoing, and empathetic
   generosity.
   We must remain alert to the issue of trust, important in our analysis
   of intimate relationships. Intimate relationships, I argued, flourish only
   when parties are willing to be vulnerable to one another in major ways,
   not simply relying on the other to behave thus and so (which might be compatible with cynicism about the other party’s likely conduct), but
   allowing crucial elements of one another’s flourishing to rest in one
   another’s hands. Something similar is true of political communities.
   A society with decent institutions will not remain stable if citizens sim-
   ply rely on institutions to function in a certain sort of way: for reliance is compatible, once again, with great cynicism toward both institutions and
   officials. For example, in a very corrupt society citizens often rely on the corruption of officials, the rottenness of the justice system, and so forth.
   In a racist society, minorities rely on the dominant group to oppress them.
   In such cases, reliance produces self- defensive evasion and resistance. If
   a decent society is to remain stable not just as a grudging modus vivendi, but, as John Rawls puts it, stable “for the right reasons,” it needs to generate attachments to its principles, and attachment brings vulnerability.8
   This vulnerability would be unendurable without trust. Producing trust
   must therefore be a continual concern of decent societies.
   The type of trust political communities need to cultivate is different
   from the type that animates intimate relationships, just as the type of love
   involved is different. But both types of love and trust involve the will-
   ingness to place important elements of one’s own good in the hands of
   others— in this case the institutions of one’s society— rather than engaging
   in self- protective and evasive action.
   Since I shall be defending an approach that is in the most general
   sense consequentialist or welfarist, I need to say at the outset what I do
   and do not mean by that. As in my other work on political justice,9 I hold
   that a major necessary condition of a minimally just society is that it pro-
   tect a set of central human opportunities, or “capabilities,” up to some
   appropriate threshold level. These capabilities are plural, and each of
   them has intrinsic value, apart from other goods that they may produce.
   A society that neglects them to pursue opulence or growth cannot be min-
   imally just. Nor can a society justly trade them off against one another,
   where that means pushing some citizens below the threshold on any one
   of them. These capabilities include economic goods, but they also include
   basic rights and liberties, and the notion of human dignity plays a central
   role in knitting them all together.10 Although the capabilities are separate,
   174
   Anger and Forgiveness
   they are also mutually supportive, and to some extent defined with refer-
   ence to what is feasible as an overall target set of political goods.
   My view, then, is neither Benthamite nor similar to most familiar
   forms of economic Utilitarianism. But it is quite Millian in spirit and it
   seems not inappropriate to categorize it as, overall, a philosophically
   informed type of welfarism.11 It certainly has deontological elements, in
   the sense that a capability violation is an injustice, whatever wealth or
   other good it produces; and the protection of each capability is an intrin-
   sic political good. Moreover, the capabilities are a partial political doc-
   trine of (minimal) welfare, not a comprehensive doctrine. The view as
   a whole, however, seems to me correctly classified as a form of political
   welfarism that has a richer, more variegated picture of welfare than many
   of its competitors.
   II. False Social Values Again
   Like the intimate and Middle realms, the political realm confronts us
   with a ubiquitous problem of false social values. People will not long
   support or even comply with a legal regime if they strongly disapprove
   of its underlying values. Popular support of some type, moreover, is not
   just a practical limit, but also a constraint on political legitimacy. Any
   program that cannot be justified to people fails a basic normative test.
   For example, the “Government House” Utilitarianism favored by Henry
   Sidgwick, according to which the true principle of political choice is
   known only to small elite, flouts constraints of transparency and popular
   consent that seem necessary, in some form, for political legitimacy. But
   current values are often defective: so what do we need to show about the
   values we propose?
   John Rawls’s Political Liberalism insists that legitimacy requires showing that the values proposed can become the object of an overlapping
   consensus among holders of the major reasonable religious and secu-
   lar doctrines that citizens embrace. He did not insist, however, that the
   overlapping consensus must be a present reality. More plausibly, he held
   that one need only show that there is a plausible route to such a consen-
   sus over time and through argument.12 I agree, and I agree further with
   Rawls in thinking that we must be able to show that the political concep-
   tion is not a comprehensive doctrine, but shows equal respect to citizens
   who hold a wide range of reasonable comprehensive doctrines. But I then
   must face a tough challenge: what precise form of our non- anger doctrine
   can possibly be “sold” to citizens in a pluralistic society? Right now, it
   seems, many if not most people in most modern societies have notions of
   competition, status- seeking, manly honor, and revenge that are likely to
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   175
   make them not just disagree with the ideas about anger and retribution
   that I have defended, but also deride them as weak and unmanly.
   The challenge, I believe, can be met. We may begin by pointing to
   recent instances in which just such ideas have enjoyed great popular suc-
   cess: the protest movements of Mohandas Gandhi and Martin Luther
   King, Jr., and the conduct of Nelson Mandela as leader of the new South
   Africa. All these cases will be examined further in chapter 7. To these w
e
   can add the non- angry response of the families of the victims in South
   Carolina, which I discussed in chapter 3. These cases show us that the cri-
   tique of anger offered here can be persuasive not only to an audience of
   intellectuals, whose occupational bias may lead them to disfavor familiar
   paradigms of “manliness,” but also to large masses of people— and often,
   people who did not accept those ideas prior to the persuasive power of
   these movements, or didn’t think they accepted them. Part of the rapid
   success of these three leaders, who over relatively short periods of time
   brought millions of people around to accepting their norms, can be attrib-
   uted to their ability to tap familiar religious traditions: significant strands or counter- strands of Christianity, Hinduism, and traditional African
   religion, as well as the entirety of Buddhism. Such religious references
   helped people feel that at some level they were already committed to
   the critical ideas: they saw their leaders’ persuasion less as alien impo-
   sition than as a demand to sort themselves out, getting rid of cultural
   baggage that clashed with some very deep and previously unexamined
   commitments.
   Thus we should not exaggerate the idea that all of modern culture
   is against us. If so many people change so rapidly, under the influence
   of King, Gandhi, and Mandela— or a gripping personal experience— it
   is evidence that our culture is actually torn about them.13 People may
   romanticize the vigilante in fiction, but on the whole they do not want
   to meet up with him in life, and they are quite happy to admire such
   fictional types while supporting a legal order based on non- angry talk
   and argument.14
   What are the areas in which law needs to resist some strong cur-
   rents in popular belief? One is in determining where legal intervention
   is appropriate. As I said, not every common cause of anger involves a
   serious injury to well- being, but people often think that it does. As Seneca says, they exalt trivialities into major events, and they often become punitive as a result: “road rage” is just one example. In many if not most cul-
   tures, insults to honor have been occasions for anger- based violence, and
   
 
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