A Second-Personal Solution to the Paradox of Moral Complaint

Smilansky (2006) notes that wrongdoers seem to lack any entitlement to complain about being treated in the ways that they have treated others. However, it also seems impermissible to treat agents in certain ways, and this impermissibility would give wrongdoers who are themselves wronged grounds for complaint. This article solves this apparent paradox by arguing that what is at issue is not the right simply to make complaints, but the right to have one's demands respected. Agents must accept the authority of others to make second-personal demands on them before they can expect others to treat their own demands (or complaints) as legitimate. Wrongdoers’ previous wrongdoing shows they do not treat others’ demands as authoritative. However, as they are still beings with dignity, which acts as a source of moral reasons for others, wronging them remains impermissible.