Unlike other kinds of theories of justice, reparatory justice can only be negatively defined, in non-ideal contexts in which initial wrongs had already been committed. For one, what counts and what does not count as wrongdoing or as an unjust state of affairs resulted from that wrongdoing depends on the normative framework upon which a theorist relies. Furthermore, the measures undertaken for alleviating historical injustices can be assessed only from the vantage point of other, independent normative considerations. In the present (...) paper I argue that this lack of substance is a feature that, far from being problematic, is what makes reparatory justice attractive. The specific example that I put forward is that of a reparatory justice account which seeks to instantiate the desiderata of a sufficientarian theory of justice. At first, distributive justice fills the content of reparatory justice, specifying up to what level reparations in-kind or compensatory measure should go. Afterwards, reparatory justice clarifies and provides epistemic inputs for distributive justice. Reparatory justice thus becomes an epistemic source for distributive justice, in that it provides the means for assessing whether someone’s level of well-being can be traced to her choice or to a wider, historically-sensitive operationalization of her “circumstances”. (shrink)

Affirmative action programs remain controversial, I suspect, partly because the familiar arguments for and against them start from significantly different moral perspectives. Thus I want to step back for a while from the details of debate about particular programs and give attention to the moral viewpoints presupposed in differenttypesof argument. My aim, more specifically, is to compare the “messages” expressed when affirmative action is defended from different moral perspectives. Exclusively forward-looking (for example, utilitarian) arguments, I suggest, tend to express the (...) wrong message, but this is also true of exclusively backward-looking (for example, reparation-based) arguments. However, a moral outlook that focuses on cross-temporal narrative values (such as mutually respectful social relations) suggests a more appropriate account of what affirmative action should try to express. Assessment of the message, admittedly, is only one aspect of a complex issue, but it is a relatively neglected one. My discussion takes for granted some common-sense ideas about the communicative function of action, and so I begin with these.Actions, as the saying goes, oftenspeaklouder than words. There are times, too, when only actions can effectively communicate the message we want to convey and times when giving a message is a central part of the purpose of action. What our actions say to others depends largely, though not entirely, upon our avowed reasons for acting; and this is a matter for reflective decision, not something we discover later by looking back at what we did and its effects. The decision is important because “the same act” can have very different consequences, depending upon how we choose to justify it. (shrink)

: International instruments now defend a "right to the truth " for victims of political repression and violence and include truth telling about human rights violations as a kind of reparation as well as a form of redress. While truth telling about violations is obviously a condition of redress or repair for violations, it may not be clear how truth telling itself is a kind of reparations. By showing that concerted truth telling can satisfy four features of suitable reparations vehicles, (...) I defend the idea that politically implemented modes of truth telling to, for, and by those who are victims of gross violation and injustice may with good reason be counted as a kind of reparations. Understanding the doubly symbolic character of reparations, however, makes clearer why truth telling is unlikely to be sufficient reparation for serious wrongs and is likely to be sensitive to the larger context of reparative activity and its social, political, and historical background. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

This is a defense of black reparations using the theory of reparations set out in John Locke''s The Second Treatise of Government. I develop two main arguments, what I call the ``inheritance argument'''' and the ``counterfactual argument,''''both of which have been thought to fail. In no case do I appeal to the false ideas that present day United States citizens are guilty of slavery or must pay reparation simply because the U.S. Government was once complicit in the crime.

The thesis of this essay is that equal opportunity (EO) "strictly dominates" (in the game-theoretic sense) reparations. That is, (1) all the ways reparations would make our world more just would also be achieved under EO; (2) EO would make our world more just in ways reparations cannot; and (3) reparations would create injustices which EO would avoid. Further, (4) EO has important practical advantages over reparations. These include economic efficiency, feasibility, and long-term impact. Supporters of reparations should abandon that (...) ideal to support equal opportunity instead. (shrink)

In its war on terror, the United States tortured and abused individuals in its custody over a decade. This article examines a specific sort of epistemic response by Americans to the use of torture by their government, the sort of response that enables Americans to operate with epistemic ignorance to maintain a favorable construction of their identity as Americans. I lay out the concept of American ignorance as the active production of false and/or incomplete beliefs about what it means to (...) be an American and explore the mechanism through which this ignorance operates in society. The article argues for accountability to create better epistemic environments necessary for any meaningful shift in how Americans perceive themselves qua Americans. (shrink)

Journal of Social Philosophy, EarlyView.

Environmental philosophies concerning our obligations to each other and the natural world too rarely address the aftermath of environmental injustice. Ideally we would never do each other wrong; given that we do, as fallible and imperfect agents, we require non-ideal ethical guidance. Margaret Walker’s work on moral repair and Annette Baier’s work on cross-generational communality together provide useful hermeneutical tools for understanding and enacting meaningful responses to intergenerational injustice, and in particular, for anthropogenic climate change. By blending Baier’s cross-generational approach (...) with Walker’s emphasis on victim subjectivity and moral repair, I propose that a reparative model of intergenerational justice can provide some much needed direction on non-ideal moral issues comparatively neglected in climate-ethics debates today. (shrink)

This essay seeks to understand the domain and demands of reparative justice in terms of moral vulnerability. Significant harms raise the question of whether victims stand in truly reciprocal practices of accountability; if they do, they enjoy the power of calling others to account as well as bearing the liability of being accountable to others. In the aftermath of harms, victims’ moral vulnerability is tested: they may be exposed to the insult and injury of discovering that they do not enjoy (...) the moral standing of holding others accountable. While the occasion of reparative justice is significant wrongs and wrongful harms and losses, this essay argues that the aim of reparative practices is not only or even primarily to redress those harms and losses, but to address the moral vulnerability of victims by affirming their status in accountability relations. (shrink)

While there has been renewed attention to racial justice in the United States and around the world recently, there is a long tradition among philosophers and other theorists of reflecting on the nature racial injustice and the remedies that it demands. This article discusses two prominent approaches to racial justice, liberal egalitarian theory and critical race theory, and focuses on four issue areas: reparations, affirmative action and race‐conscious policy, integration, and criminal justice. Although liberal and critical approaches to racial justice (...) are sometimes seen as in opposition to each other, it is argued here that there is often convergence as well. Despite their differing pedigrees, a shared commitment to racial equality and a shared recognition of the profound, structural nature of racial inequality often leads scholars from different starting points to similar, radical conclusions. (shrink)

s This paper reports studies designed to examine perceptions of preferential selection. Subjects evaluated the fairness of hypothetical cases of selection decisions based on either candidate sex or ethnic origin. A within-subjects design and a between-subjects design yielded convergent results showing that (1) preferential selection was perceived as unfair, irrespective of respondent sex or the basis for the preferential treatment (i.e., candidate sex or ethnic origin), (2) the level of perceived injustice was directly related to the discrepancy in merits between (...) the successful minority candidate and the more qualified yet unsuccessful majority candidate, and (3) the provision of either an ethical or legislative justification for the selection decisions further exacerbated feelings of injustice. Possible interpretations for the findings and practical implications of the study were then discussed. (shrink)

What was distinctive about the evil of the transatlantic slave trade and New World slavery? In what ways can the present seek to rectify such historical wrongs, even while recognizing that they lie beyond repair? Irreparable Evil explores the legacy of slavery and its moral and political implications, offering a nuanced intervention into debates over reparations. David Scott reconsiders the story of New World slavery in a series of interconnected essays that focus on Jamaica and the Anglophone Caribbean. Slavery, he (...) emphasizes, involved not only scarcely imaginable brutality on a mass scale but also the irreversible devastation of the ways of life and cultural worlds from which enslaved people were uprooted. Colonial extraction shaped modern capitalism; plantation slavery enriched colonial metropoles and simultaneously impoverished their peripheries. To account for this atrocity, Scott examines moral and reparatory modes of history and criticism, probing different conceptions of evil. He reflects on the paradoxes of seeking redress for the specific moral evil of slavery, criticizing the limitations of liberal rights-based arguments for reparations that pursue reconciliation with the past. Instead, this book argues, in making the urgent demand for reparations, we must acknowledge the fundamental irreparability of a wrong of such magnitude. (shrink)

_ Source: _Page Count 20 According to the fair play defense of political obligations citizens have a reciprocity-based duty to share the costs involved in the production of public goods. But sometimes, states produce collective goods through wrongdoing. For example, sometimes states’ wrongful immigration policies can contribute to the welfare of their own populations. Do citizens have duties of reciprocity in light of such wrongful benefits? I argue that the answer to this question is negative. Drawing on the observation that (...) beneficiaries of wrongdoing incur compensatory duties to the victims of that wrongdoing, I argue that, rather than having a duty of reciprocity for wrongful benefits, citizens have a duty to disgorge the benefits in compensation. Furthermore, the fair play defense of political obligations entails that citizens can be justified in disobeying the law in order to comply with their compensatory duties to victims of their state’s wrongdoing. (shrink)

This dissertation is a critical examination and rejection of the two principal types of moral justification, the compensatory and noncompensatory, of affirmative action involving preferential treatment for blacks, Hispanics,American Indians, and women in hiring, promotions, andadmissions. Neither of these approaches to the justification of AA, I have argued, is able to defend AA successfully. AA not morally justified. Thus, succeeding compensatory arguments for AA, individualand group oriented, are unable to evade, undermine,or disarm the objections that AA violates the principles of (...) compensatory justice governing who is owed compensation, what compensation is owed, and who owes compensation, and that AA violates the principles of justice and fundamental individual moral rights governing the distribution of such social goods or benefits as desirable and valuable positions. The principles of justice and moral rights violated by AA govern the distribution of social benefits, including desirable positions, and burdens and systematize, unify, and explain correct moral judgments about the injustice of actions, policies, and practices in a variety of contexts of distribution. Moreover, backward-looking or compensatory arguments for AA have the implication that unjust and morally unacceptable compensatory policies that are morally similar to AA would be justified in contexts other than hiring, promotions, and admissions. Furthermore, the noncompensatory justifications of AA, including meritocratic and utilitarian forward-looking arguments, are unable to evade or to undermine the objection that AA violates principles of justice and fundamental individual moral rights and the objection that these attempted justifications of AA have the implication that unjust and morally unacceptable noncompensatory, forward-looking policies that are morally similar to AA would also be justified in contexts other than the standard ones. (shrink)

Some normative theorists believe that there is a principled moral reason not to retain benefits realized by injustice or wrongdoing. However, critics have argued that this idea is implausible. One purported problem is that the idea lacks an obvious rationale and that attempts to provide one have been unconvincing. This paper articulates and defends the idea that the principled reason in question has an expressive quality: it gets its reason-giving force from the symbolic aptness of such an act as an (...) expressive response to wrongdoing. The paper thus argues that at least in a certain subset of cases, renouncing benefits realized by injustice amounts to a powerful and uniquely apt expression of protest against the disrespect for the victim that is implied by the wrongdoer’s actions. The paper shows how this idea can inform the question of reparations for slavery and its aftermath in the United States. Lastly it develops an important objection to the argument presented and gives an account of how this objection can be met. (shrink)

Affirmative action is often implemented as a way of making redress to victims of past injustices. But critics of this practice have launched a three-pronged assault against it. Firstly, they point out that beneficiaries of preferential policies tend not to benefit to the same extent as they were harmed by past injustices. Secondly, when its defenders point to the wider benefits of affirmative action , critics maintain that such ends could never be sufficiently weighty to permit violating equal treatment. And, (...) thirdly, critics dispute whether the alleged benefits of affirmative action really ensue. I argue this three-pronged assault is flawed at the conceptual level. Firstly, it operates with an impoverished conception of redress. When X wrongs Y, X does not make exhaustive redress to Y by compensating Y for the harm Y suffered due to X’s wrong action. Redress also requires rectification of the wrong: X must put right the wrong done to Y by making adequate amends. While the means of compensation are determined by the extent of the harm for which compensation is due, the adequacy of amends for a wrong is less tightly controlled by the nature of the wrong. So, secondly, it is perfectly right that the choice of amends be informed by the prospect of wider benefits. Whether, thirdly, these benefits are in fact in prospect in the case of affirmative action is an empirical question which philosophy cannot answer. (shrink)

The Fair-Start Defense justifies affirmative action preferences as a response to harms caused by race- and sex-based discrimination. Rather than base a justification for preferences on the traditional appeal to self-esteem, I argue they are justified in virtue of the effects institutional discrimination has on the goals and aspirations of its victims. In particular, I argue that institutional discrimination puts women and blacks at an unfair competitive disadvantage by causing academic disidentification. Affirmative action is justified as a means of negating (...) this unfair disadvantage. (shrink)

The literature on climate justice has primarily focused on distributing the benefits and burdens of climate change, particularly those related to the costs of mitigation and adaptation. As such, less attention has been paid to emerging political issues surrounding loss and damage caused by the failure of mitigation and adaptation. This paper aims to fill this gap through discussions on reparative justice, which is correlated with the concept of liability. Since the concept of liability has controversial implications in climate politics (...) and theory, investigating reparative justice for climate damage must clarify how the concept of liability can reconcile with the normative theory of political responsibility. This paper begins with the question of how the distributive justice scheme fails to discuss climate damage, by arguing that the scheme does not necessarily recognise a prior injustice and misses the need for reparation for the extensive scope of climate loss and damage. Then, it shows that the concept of reparation, which differs from compensation, holds more promise in giving the proper due for climate loss and damage. Finally, after comparing the liability model and the shared responsibility model proposed by Iris Young, this paper concludes by proposing that the hybrid model of liability and shared responsibility can be used to avoid limitations of the concept of liability. (shrink)