刑期をまっとうに終えた人にさらなる行動の制約を課すのは罪刑法定主義に反する。彼女は今後法律の範囲で好きに生きて良いし好きに発言して良い。「再出発したい」との人間として当たり前の意志を尊重することが難しいのかね。 https://t.co/bJekD96L4B
— Spica (@Kelangdbn) October 17, 2022
刑期をまっとうしてから何を語っても自由だが・・・非常に複雑で難しい問題を含んでいるとは思うんだな。
最近、ちょうど、anger resentment forgiveness generosity 関連の本を読んでいた。
Third, though the ‘debt to society’ may have been paid at the end of a criminal sentence and (if we wish to put it this way) the crime atoned for, what of the victim who may continue to bear the physical or emotional scars of the crime? The wrongdoer is then free – but not the victim. Lord Tebbit has most movingly spoken of this. In an interview, he spoke of those who hid a bomb in the Grand Hotel in Brighton that exploded on October 1984. The bomb left (among others) Tebbit badly injured and his wife, Mary, a quadriplegic. He said:Terrorists can be let out of jail none the worse for the loss of liberty for a few years. But for victims, the slate is never wiped. Early release has no relief for the victim, unless it is into the grave from a ruined life or a body broken by the barbarous use of the bodies of the innocent to gain what the terrorist wants . . . For [my wife], pain is the ever present companion, disability the load she never ceases to bear.
テロリストが刑期を終えて自由を享受する。被害者はしかし、後遺症を一生背負う・・・・法的にはそれで仕方がないにせよ、なにか割り切れていないものが残る。
Forgiveness and Christian Ethics ｐ66
‘I have lost my daughter, and we shall miss her. But I bear no ill will. I bear no grudge. Dirty sort of talk is not going to bring her back to life.’ He added, ‘I shall pray for those people tonight and every night.’ Though he did not use the word ‘forgive’, he was widely understood as referring to forgiveness in the interview. What is also important is that though Wilson ‘forgave’ the perpetrators of the atrocity, he was broken by the experience of the loss of his daughter.....
Wilson died a psychologically and physically broken man by the experience of the death of his daughter, and even though he ‘forgave’, he did not find peace and relief through his enormously courageous decision to eschew revenge and bitterness.
娘を殺害された被害者の父親が宗教心から加害者を赦したが、しかし、悲しみは深く心の平和は得られることはなかったケース。
The value of basic emotionsIt is easy to see how some of the basic emotions such as fear and anger helped our ancestors to survive. The capacity for fear is very useful in a world where hungry predators lurk in every shadow. It allows animals to react very swiftly to any possible sign of danger, pumping their bodies full of hormones that facilitate a fast escape and flooding their minds with one thought: flee! Anger is similar, except that it prepares the organism for a fight rather than for flight
Anger, too, would seem to be rather useless today. Unlike our prehuman ancestors, most of us do not regularly engage in physical violence, so what is the benefit of conserving an emotional capacity whose function is to help us fight? One answer is that fighting need not be a physical affair. Our disputes are carried on by other means today, but they still require grit and determination, and anger provides just such internal motivation. People who never get angry never get ahead. Moreover, we should not exaggerate the degree to which the need for physical violence has disappeared from our world. There are still many times, even in the affluent and law-abiding cultures of the developed world, when resorting to physical violence is the only way to defend oneself.The film Demolition Man is set in the future, at a time when the human capacity for anger has completely atrophied. When a vicious criminal appears on the scene, resuscitated from the state of suspended animation to which he was condemned in the twentieth century, nobody is able to deal with him. The criminal is caught only following the revival of another twentieth-century human, a policeman who, like the criminal, still possesses the capacity for anger.
動物の世界の捕食者はいなくなったものの現代社会でも暴力をふるうものがいるので有益な情動ではある。
Forgiveness and Mercy (Cambridge Studies in Philosophy and Law)
ｐ93
Resentment, I have previously argued, is essentially tied to self-respect. It is an emotional defense against attacks on self-esteem and thus is, as both Nietzsche and Hampton suggest, a sign of weakness; for if one is certain of the value of one's self, it will not be truly threatened by attack from another and will not stand in need of defense.
ルサンチマン、憤り、恨み、というのは、自尊心が脅かされたことに対する自己防衛反応だから、たしかに自己が強固な人は怒らないのかもしれない。例えば、
Forgiveness and Christian Ethics ｐ７２
A surprising example of unconditional forgiveness as an expression of power – perhaps even of the misuse of power – concerns the late Pope John Paul II. An attempted assassination of the Pope was made on 13 May 1981 by Mehmet Ali Agca, an escaped convict from Turkey. Shortly afterward, John Paul II prayed in a broadcast from his hospital bed ‘for that brother of ours who shot me, and whom I have sincerely pardoned’. Later, in 1983, John Paul II visited Mehmet Ali Agca in prison and after the visit again spoke of his forgiveness. We do not know whether Mehmet Ali Agca had asked to be forgiven. The act of forgiveness was a magnanimous act but one wonders whether it was in part shaped by the unequal balance of power between Pope John Paul II and Mehmet Ali Agca. Though the pontiff had been shot and grievously injured, he was not affected by oppressive structures of power but was a broker of power. One wonders whether he would have found it so straightforward to forgive if he had been an escaped convict who had been shot by the security forces of an oppressive country.ヨハネ・パウロ2世が銃撃されたときも、司教はすぐに赦し、加害者のために祈りをささげた。
Anger and Forgiveness Resentment, Generosity, Justice
Martha C. Nussbaum
ｐ３３
In the first episode, he meets a dying man in the desert and saves his life by giving him water and even carrying him on his own horse—only to find himself held up at gunpoint at an oasis, as the duplicitous Colbee takes McCord’s horse and leaves him to walk across the desert, very likely to die in the attempt. Colbee explains that he has to do this because he has a wife and two daughters, and so he has to live—and to get to town in time for his daughter’s birthday! McCord survives, and meets up with the Colbee family in town. A friend urges him to anger and confrontation. McCord really is angry, and he walks toward Colbee resolutely, as Colbee’s two little daughters play around him with their hoops. McCord, looking at the family, then has a second thought; he turns around and walks away. As he does, he says over his shoulder, with a wry smile, “Happy Birthday, Janie.”
主人公は砂漠で死にかけている男を救ったのだが、逆に自分の馬を奪われてしまった。命からがらに街にたどり着くと救った男が娘の誕生会をしていた。娘の誕生日に間に合うためにしかたなかったのだ、と。主人公は怒り心頭だったが、家族が喜んでいる姿をみて考えを変えた。帰り際に振り返って「誕生日おめでとう」と娘に言った、と。
しかし、そんなに強い人間ばかりでもない。
Forgiveness and Mercy (Cambridge Studies in Philosophy and Law)
A person may legitimately feel retributive hatred when wronged by another and may legitimately act on such a feeling - by seeking revenge - if able to satisfy all the constraints and cautions to such action that I developed. But this person is not required to have such feelings, nor is he required, if he has them, to act on them. He simply acquires a right - He simply acquires a right - one which he may waive without criticism so long as his reasons for so doing are noble rather than the base (e.g., compassion or a desire to reform the offender rather than timidity, cowardice, or lack of self-respect).
自分に不正をされたら加害者を傷つけてやろうという気持ちは持っていいいものだし、正当な権利ではないか、と。
ただ、恨みに恨んで自分が苛まれるということもある。
Forgiveness and Mercy ｐ105
His central idea, relevant to many emotions, is that a rational person will apply a kind of cost-benefit analysis to his mental life and will not pursue any passion to the extent that he loses more than he gains in the satisfaction of that passion. How absurd, argues Spinoza, if one becomes so consumed by the fear of death that one misses out on the many joys and positive benefits life offers. And thus he writes:
A free man, that is to say, a man who lives according to the dictates of reason alone, is not led by fear of death, but directly desires the good, that is to say, desires to act, to live, and to preserve his being in accordance with the principle of seeking his own profit. He thinks, therefore, of nothing less than death, and his wisdom is a meditation upon life.
スピノザの考えであるが、特定の感情をもつにせよ、利益衡量してみるとよい、と。死について考えて不安に苛まれたら人生の楽しみの多くを失う。だから、
He thinks, therefore, of nothing less than death
哲学者は死についてちっとも考えない、という英文法で有名な文章がでてくる。
同様に、恨んでばかりいても失うものが多いから、恨むのはいい加減にやめたほうがいいんじゃないか、と。
ヌスバウムなんかも、復讐心をともなう怒りをもったところで何もいいことはもたらされない。怒りを転換して寛大な気持ちをもったほうがいい、と・・・いうんだなああ。
たしかにその通りで、ルサンチマンを持ち続けるのは建設的ではないが、しかし、傷や悲しみは消えない場合も多い。
そんななか加害者に公の場で「戦いのなかで・・よいこともあった」などととくとくと語られると、そう発言する権利はあるにせよ、被害者や被害者の家族にはきついものがあるかもしれない。
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