Reparative justice and the victim’s burden: why accepting an apology is not a moral obligation

Abstract A number of authors make a seemingly compelling case for holding the victim of a wrong morally obliged to accept the genuine apology of the wrongdoer. This is a crucial issue in questions of reparative justice, since reparation typically requires not just the giving but also the acceptance of an apology. Yet it is a case that we should ultimately reject. If it is credible to think that the victim might suffer anew in exercising any duty of this kind, that suffering must be factored into the moral reckoning from the outset. It is only if we can be sure that the victim will not suffer again by attending to, and ultimately accepting, the wrongdoer’s apology that it would be right to impose upon her any duty of this kind. Yet, in all non-trivial cases, the victim’s burden is unknowable in advance and has the potential to be considerable. In such situations, I argue, the victim has no duty to accept the wrongdoer’s apology. There are limits, too, to the utility of the bipartite victim-wrongdoer account of reparation on which such arguments are typically predicated. For the harm the wrongdoer causes is not exclusively suffered by the immediate victim but also by the community of all potential victims. Genuine reparative justice requires more than a recalibration of the relative moral standing of the wrongdoer and the victim through the giving and receiving of an apology. I consider how this might be achieved without imposing upon the victim a burden that fails to achieve the moral reckoning anticipated.