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  1. Why indigenous land rights have not been superseded – a critical application of Waldron’s theory of supersession.Kerstin Reibold - 2022 - Critical Review of International Social and Political Philosophy 25 (4):480-495.
    Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to unbundle property rights into (...)
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  • Historical Injustice, Rawlsian Egalitarianism, and Political Contestation.Burke A. Hendrix - 2014 - Canadian Journal of Law and Jurisprudence 27 (1):73-98.
    Jeremy Waldron has plausibly argued that historical injustices can be superseded by serious efforts to achieve justice in the present and future. This essay considers what it might mean to arrange things justly in the relevant way, focusing on the work of John Rawls as our best existing template for conceptualizing justice of this kind. The essay outlines ways in which a Rawlsian system of social justice seems unable to meet its own normative aspirations and unable to provide a model (...)
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