The Limits of Apology in a Democratic Criminal Justice Some Remarks on Bennett's The Apology Ritual

This paper sets out four brief remarks or comments on Christopher Bennett's book The Apology Ritual. First, it argues that there are different relevant concepts of apology, which are not differentiated in the book. Second, it claims that it is not clear why the role for apology in legal contexts needs to be so central and conceptually related to punishment, especially when, at least in its paradigmatic cases developed in non-institutional contexts, apology and punishment seem to be inimical. Third, it argues against rituality, stating that our penal systems should not refrain from requiring, at least ideally, sincerity and firm conviction in apologies by the offender. And it finally opposes Bennett in the idea of what a legitimate liberal democracy is allowed to do in terms of intervening in its citizens' reasons, attitudes or opinions.