Liberal political philosophers have underestimated the philosophical relevance of historical injustice. For some groups, injustices from the past—particularly surrounding race, ethnicity, or religion—are a source of entrenched social inequality decades or even hundreds of years later. Rawls does not advocate the importance of redressing historical injustice, yet political liberalism needs a principle of historical redress. Rawls’s principle of fair equality of opportunity, which is designed to prevent the leveraging of class privilege, could be paired with a supporting principle of historical (...) redress that would contend with partiality and bias in open access to positions. (shrink)

The past is deeply important to many of us. But our concern about history can seem puzzling and needs justification. After all, the past cannot be changed: we can help the living needy, but the tears we shed for the long dead victims of past tragedies help no one. Attempts to justify our concern about history typically take one of two opposing forms. It is assumed either that such concern must be justified in instrumental or otherwise self-centered and present-centered terms (...) or that our interest in history must be utterly disinterested and pursued for its own sake. But neither approach can fully explain, or justify, our concern about the past. I propose a third approach, on which the past matters because it contains much that is of value—all those past people and the things they did or had endured—and this value calls for our fitting response. In short: the significance of the past is past significance. (shrink)

The non-identity problem is usually considered in the forward-looking direction but a version of it also applies to the past, due to the fact that even minor historical changes would have affected the whole subsequent sequence of births, dramatically changing who comes to exist next. This simple point is routinely overlooked by familiar attitudes and evaluative judgments about the past, even those of sophisticated historians. I shall argue, however, that it means that when we feel sadness about some historical tragedy, (...) or think of one possible course of history as better than another, these judgments and attitudes can be understood in terms of two opposing perspectives on the past: an impersonal standpoint concerned only with how much value each course of history contains, and a person-centred standpoint concerned with harms and benefits to the people who had actually existed. In this paper, I will set out these radically different visions of what matters in history and point out some of their surprising implications. (shrink)

While some suggestions have been made as to how the duty to undertake humanitarian intervention should be assigned to specific states, the question of how to assign the duty to carry the economic a...

ABSTRACTSome suggest that the duty of humanitarian intervention should be discharged by states that are historically responsible for the occurrence of violence. A fundamental problem with this suggestion is that historically responsible states might be ill-suited to intervene because they are unlikely to enjoy support from the local population. Cécile Fabre has suggested a way around that problem, arguing that responsible states ought to pay for humanitarian interventions even though they ought not to take part in the military operations. We (...) claim that Fabre’s idea is subject to two concerns. First, the duty to perform might not be appropriately transferrable from the historically responsible state to another state because it would allow the primary duty bearer to escape the worst costs of intervention. Second, an intervention might be as unlikely to generate local support when a historically responsible state pays for an intervention as when it performs it. These problems are enough to cast doubt on Fabr... (shrink)

In some vicarious cases of compensation, an agent seems obligated to compensate for a harm they did not inflict. This raises the problem that obligations for compensation may arise out of circumstantial luck. That is, an agent may owe compensation for a harm that was outside their control. Addressing this issue, I identify five conditions for compensation from the literature: causal engagement, proxy, ill-gotten gains, constitution, and affiliation. I argue that only two of them specify genuine and irreducible grounds for (...) compensation, and that factors determining the agent’s obligations may be beyond their control. However, I suggest that this is unproblematic. There is thus no problem of circumstantial moral luck for compensation. (shrink)

Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, this (...) does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance. (shrink)

Arguments for slavery reparations have fallen out of favor even as reparations for other forms of racial injustice are taken more seriously. This retreat is unsurprising, as arguments for slavery reparations often rely on two normatively irregular claims: that reparations are owed to the dead (as opposed to, say, their living heirs), and that the present generation inherits an as yet unrequited guilt from past generations. Outside of some strands of Black thought and activism on slavery reparations, these claims are (...) widely rejected. I develop an argument for slavery reparations around those foundational claims by adopting the normative framework of Immanuel Kant. On what I call the Basic Argument for slavery reparations, the application of Kant’s retributivist theory of punishment to slavery justifies reparations as a kind of proportional punishment for slavery. I also show that Kant’s philosophy offers reparations theorists resources to overcome several contemporary objections to slavery reparations. (shrink)

What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. According to some, (...) colonialism involved a violation of territorial rights grounded on legitimate state theory. Others reject all explanations of colonialism's wrongfulness based on territorial rights, and argue that colonial practices were wrong because they departed from ideals of economic, social, and political association. In this article, we articulate and defend the standard view against critics: colonialism involved a procedural wrong; this wrong is not the violation of standards of equality and reciprocity, but the violation of territorial rights; and the best foundation for such territorial rights is acquisition based, not legitimacy based. We argue that this issue is not just of historical interest, it has relevant implications for the normative evaluation of contemporary inequalities. (shrink)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in leaving (...) it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

The paper argues that there are resources within theories of corrective justice to make the case against the deportation of immigrants, including those accused of committing criminal actions. More specifically, the argument defended here is that a nation acts impermissibly by deporting criminal immigrants who belong to countries that the nation itself wronged in a manner that contributed to create the migratory flow that led the immigrants in question there. In that case, admission and, equally important, permanent residence in the (...) host nation must be understood as a form of compensation for past wrongs, the interruption of which represents a breach of its duties of rectification, and is therefore unjust. Put in slightly different terms, some migrants have a retributive right-claim against their host state (which they may or may not exercise) to be admitted into the host state and not be deported. (shrink)

Many political theorists are multiculturalists. They believe that states ought to support and accommodate minority cultures, even if they disagree about when such support and accommodations are due and what forms they should take. In this contribution, I argue that multiculturalists have failed to notice an important objection against a wide range of multiculturalism policies. This objection is predicated on the notion that when states support and accommodate minority cultures, they should support and accommodate many subcultures and individualistic conceptions of (...) the good as well. However, since a significant proportion of multiculturalism policies imposes financial costs on society, it will often be prohibitively expensive for states to support and accommodate citizens’ subcultures and individualistic conceptions of the good on an equal basis. The result is that implementing such policies is likely to end up discriminating against certain groups, which might include e.g. fervent football fans, globe-trotters, mountain climbers, motor bikers, Hippies, and artists. I conclude by considering six reasons for giving preferential treatment to minority cultures that would allow multiculturalists to avoid this implication, which invoke, inter alia, the depth, duration, and involuntariness of cultural commitments; the role of culture in allowing people to live autonomously; and cultural rights to political self-determination. None are found to be convincing. (shrink)

In recent years, several theorists have defended a form of neutrality that seeks to equalise the benefits that state policies bestow upon citizens’ conceptions of the good life. For example, when state policies confer special benefits upon a conception that revolves around a particular culture, religion or type of sports, other cultures, religions or types of sports might be due compensation. This article argues that this kind of neutrality – which I refer to as ‘hands-on neutrality’ – cannot be vindicated, (...) whether it takes a resourcist form or welfarist form. After explaining why states cannot simply avoid bestowing unequal advantages upon citizens’ conceptions of the good life, I identify several versions of hands-on neutrality and show that all of them fail to respect the moral equality of citizens. (In so doing, however, I do find that a different form of neutrality is appropriately applied under a more limited set of conditions, which is lottery-based.) I conclude by showing that in cases where theories of hands-on neutrality have intuitive force, more plausible rival principles can account for our intuitions. (shrink)

A recent development in philosophical scholarship on reparations for black chattel slavery and Jim Crow segregation is reliance upon social science in normative arguments for reparations. Although there are certainly positive things to be said in favor of an empirically informed normative argument for black reparations, given the depth of empirical disagreement about the causes of persistent racial inequalities, and the ethos of 'post-racial' America, the strongest normative argument for reparations may be one that goes through irrespective of how we (...) ultimately explain the causes of racial inequalities. By illuminating the interplay between normative political philosophy and social scientific explanations of racial inequality in the prevailing corrective justice argument for black reparations, I shall explain why an alternative normative argument, which is not tethered to a particular empirical explanation of racial inequality, may be more appealing. (shrink)

In this article I analyse those that I consider the most powerful counterarguments that have been advanced against the non-identity objection to the idea of intergenerational harm, according to which an action cannot cause harm to a given agent if her biological identity does actually depend—in a partial but still determinant way—on the performance of this action. In doing this, I firstly go through the deontological criticisms to the person-affecting view of harm, before moving on to sufficientarian and communitarian accounts (...) of intergenerational harm. My argument is that neither of these theories manage to defuse the non-identity objection. Yet, I conclude by observing that a possible way out of the non-identity paradox might consist in developing an ethical account of intergenerational negative justice that focuses on the functional value of the natural and social structures in which humans develop their lives, rather than on their instrumental or intrinsic value. (shrink)

In this article I present some implications for a concept of transitional justice through the comparison of two approaches: retributive vs. restorative theories. Notwithstanding their profound differences in perspective, both models are grounded upon a strong notion of the public sphere. Accordingly, after showing why neither of the two approaches exhausts the problems of transitional justice, I will demonstrate how a ‘complete’ justification requires a certain view of public reason based upon rights as truth-constraints of the public sphere.

In Minimal Morality, Michael Moehler justifies what he calls the weak principle of universalization as a principle of pure instrumental morality. This article addresses the application of this principle and problems associated with it. Specifically, the article focuses on the principle’s ability to protect the interests of the most vulnerable members of society: agents without primary moral standing, specifically non-human animals; and the weakest members of society, either as a result of their diminished relative bargaining power in certain cases of (...) conflict, or because of their present standing in society, made worse off by historical injustices. To this end, the article considers, respectively, the problems of moral standing, indivisible goods and historical injustice. (shrink)

Artikeln tar sin utgångspunkt i två aktuella exempel på krav på historisk rättvisa efter kolonialismen: forna Mau-Mau-kämpars krav på gottgörelse för britternas övergrepp på 1950-talet och hererofolkets krav till Tyskland på gottgörelse för det folkmord som ägde rum 1904–1907. Dessa exempel aktualiserar frågan om historisk rättvisa. Vad innebär historisk rättvisa? Vilka krav på historisk rättvisa är berättigade att ställa? Hur lång tid efter övergrepp och våld finns det skäl att kräva gottgörelse? Kan kraven ärvas till efterkommande generationer? Vem bör gottgöra (...) dem som drabbats? Dessa frågor måste besvaras för att man skall kunna ta ställning till krav på gottgörelse och rättvisa. Syftet med denna artikel är att identifiera och söka besvara en rad frågor som krav på gottgörande rättvisa efter kolonialismen ställer. Avslutningsvis diskuteras kraven från Mau-Mau-kämparna som var internerade i brittiska läger och hererofolkets krav på kompensation från Tyskland.Nyckelord: Gottgörande rättvisa, kompensation, kolonialism, herero, Mau-Mau, global rättvisa, historisk rättvisaEnglish summary: The Meaning of Historical Justice after ColonialismRecently, four Kikuyus and former Kenyan Mau-Mau fighters claimed compensation for castration, torture and rape committed in the British detention camps in the 1950s. Also recently, representatives of the Herero people went to Berlin to bring home skulls that Germans brought to Berlin after the genocide at the beginning of the Twentieth Century. The detentions and abuses of Kikuyu and the genocide of the Herero people are just two examples of offenses carried out by European nations during colonialism. Do these offenses have any reverberations today? Should we simply forget about the deeds that happened such a long time ago or do they raise any legal or moral questions?The concept of justice has two dimensions, distributional and rectificatory. This article focuses on the meaning and implication of rectificatory justice for historical wrongs. The simple idea that if A is harming B, A has to correct her act, i.e. the basic idea of rectificatory justice, presupposes a line of complicated assumptions when it is applied to specific historical incidences, for example colonialism.A model provides a basis for an explication of rectificatory justice. It is then applied to a discussion of rectification after colonialism. The questions of who can rightly claim rectification and who owes rectification, if there are temporal limitations to rectification and what rectification after colonialism would imply are discussed. The article ends with an explication of the meaning of rectificatory justice, an argumentation for why rectificatory justice is commendable and an assessment of the demands of the Mau-Mau-fighters and the Herero. (shrink)

Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from discussions about state-Indigenous histories and interactions. The normative narrowness (...) of these arguments is explored alongside developments within Canadian law that purport to respond to the historic denial of substantive Indigenous interests in lands by colonial and Canadian authorities. While the analysis predominantly takes a bird’s-eye view of the interaction of varied normative systems, the conclusion advances a normatively charged argument, as I speculate about why courts – and academics writing about the passage of time – seem intent on developing arguments that displace Indigenous understandings. (shrink)

The modern social world is unjust. It is also complex. What does this latter fact imply about the kind of approach that should be used in ameliorating the injustice expressed in the former fact? One answer, recently put forth by Jacob Barrett, is that _ideal theory_, which he understands as being fundamentally defined by the identification and subsequent pursuit of an aspirational macro-level institutional goal, lacks a place in social reform. The reason he thinks ideal theory lacks a place has (...) to do with its inability to deal with complexity. _Pace_ Barrett, I argue that ideal theory, suitably understood, can play a valuable role in social reform in a complex world. While some ideal theorists have underappreciated the extent to which complexity considerations complicate social reform, this does not mean that there is no place for it. This paper surveys the resources ideal theory has available to cope with what I call _the challenge of complexity_. Although the coping techniques will be successful to varying degrees, I believe, in aggregate, a compelling case can be made that ideal theory can combat the challenge of complexity. Still, one may worry that even if ideal theory can adequately deal with complexity, it cannot adequately deal with ever-changing social circumstances. Call this _the dancing landscape objection_. A static ideal theory cannot overcome it, but a _dynamic ideal theory_ could. In sum, dynamic ideal theory can contribute to social reform in a complex and mutable social world. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, while retaining (...) a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

How do we acquire moral obligations to others? The most straightforward cases are those where we acquire obligations as the result of particular actions which we voluntarily perform. If I promise you that I will trim your hedge, I face a moral Obligation to uphold my promise, and in the absence of some morally significant countervailing reason, I should indeed cut your hedge. Moral obligations which arise as a result of wrongdoing, as a function of corrective justice, are typically thought (...) to be of a similar nature. (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.

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 249-268, August 2022. When skilled individuals emigrate from developing states to developed states, they leave a burdened state behind and bring their valuable human capital to a state that enjoys vast advantages by comparison. Most of the normative debate to date on this so-called ‘brain drain’ has focused on the duties that skilled emigrants owe to their home state after they emigrate. This article shifts the focus to the question of whether (...) their host state acquires special duties toward their home state and argues for an affirmative answer to that question. After identifying the conditions under which ‘exploitative free-riding’ can occur, the article shows that the brain drain is a case of exploitation that gives rise to special duties of compensation for developed host states. (shrink)

When skilled individuals emigrate from developing states to developed states, they leave a burdened state behind and bring their valuable human capital to a state that enjoys vast advantages by comparison. Most of the normative debate to date on this so-called ‘brain drain’ has focused on the duties that skilled emigrants owe to their home state after they emigrate. This article shifts the focus to the question of whether their host state acquires special duties toward their home state and argues (...) for an affirmative answer to that question. After identifying the conditions under which ‘exploitative free-riding’ can occur, the article shows that the brain drain is a case of exploitation that gives rise to special duties of compensation for developed host states. (shrink)

Some claim that a commitment to egalitarianism is in tension with support for reparations for historical injustice. This tension appears to arise insofar as egalitarianism is a forward-looking approach to justice: an approach that tells us what kind of world we should aim to build, where that world is not defined in terms of the decisions or actions of previous generations. Some have claimed that egalitarianism thereby renders reparations redundant. One popular option for egalitarians who aim to reject this thesis (...) is to insist that historical injustices demand reparations when they have caused present-day inequality. A promising alternative, skilfully defended by Alasia Nuti in Injustice and the Reproduction of History, is to argue that historical injustices stand in need of repair when they are reproduced into the present-day, such that some past and present injustices are in fact the same injustice. In this paper, I assess these egalitarian responses to the redundancy thesis. I find that Nuti’s account is equipped to reject this thesis, but that the same lines of reply can be adopted by proponents of the causal approach. I suggest that both approaches therefore be viewed as potential ways to conceptualise the relationship between historical injustice and our present normative circumstances; and that in choosing between them, we should understand ourselves to be engaged in an ameliorative project – a project that is guided by, and designed to help us to achieve, our legitimate purposes. (shrink)

It is commonly argued that cultural objects ought to be returned to their place of origin in order to remedy injustices committed in the past. In this paper, it is shown that significant challenges attach to this way of arguing. Although there is considerable intuitive appeal in the idea that if somebody wrongs another person then she ought to compensate for that injustice, the principle is difficult to apply to wrongdoings committed many decades or centuries ago. It is not clear (...) that historic injustices can meaningfully be corrected, or compensated for, and there are several arguments why, even in cases where there is a prima facie moral case for compensation, repatriation might not be a legitimate means of remedy. In order to bring analytical clarity to the issue, this paper discusses the various steps of the argument that must be addressed in order to ground a valid repatriation claim based on historic injustices. (shrink)

Two notions of reconciliation exist. The weak or thin conception is akin to ‘resignation’. It is sought by groups that have waged war against one another but have come to the realization that neither can win. Reconciliation in this sense results from an enforced lowering of expectations. In the stronger sense, reconciliation means a virtual cancellation of enmity or estrangement via a morally grounded forgiveness, achievable only when conflicting groups acknowledge collective responsibility for past injustice, and shed their deep prejudices (...) by a profound and painful transformation in their identities. It is because this process is not possible without a somewhat brutal confrontation with oneself and a painful recognition of one’s own moral degradation that reconciliation is difficult to achieve. (shrink)

ABSTRACTThe incorrect conceptualization and evaluation of reparations for colonial slave trade and slavery within the legal, as opposed to the political, domain, produces an interpretation of the demands in France that views them as morally absurd and politically deleterious. I’ll use Iris Marion Young’s distinction between a liability model and a social connection model of responsibility to suggest that the moral claim according to which we can be held responsible today for redressing the structural injustices inherited from slave trade and (...) slavery is not irrational, nor motivated by a political will to divide the body politic between blamed perpetrators and innocent victims. I’ll first analyze the difficulties posed by the liability model by focusing on a specific legal case, MIR and CMDP vs. French state. Then I’ll argue that using a political model of responsibility solves conceptual and normative issues and allows us to understand why, and to what extent, we are responsible for redressing the structural racial injustice that endures in French society. (shrink)

Anthropogenic climate change is an existential threat to the people of sinking island states. When their territories inevitably disappear, what, if anything, do the world's remaining territorial st...

The politics of reconciliation, in Canada, finds its origin in judgements of the Supreme Court affirming the objective of reconciling the sui generis authority and continued distinct existence of I...

The politics of reconciliation, in Canada, finds its origin in judgements of the Supreme Court affirming the objective of reconciling the sui generis authority and continued distinct existence of I...

Divided into eight sections, each with introductory essays, the selections offer rich and detailed insights into a diverse multinational philosophical landscape. Revealed in this pathbreaking work is the way in which traditional philosophical issues related to ethics, metaphysics, and epistemology, for instance, take on specific forms in Africa's postcolonial struggles. Much of its moral, political, and social philosophy is concerned with the turbulent processes of embracing modern identities while protecting ancient cultures.

This article highlights two interlocking themes in moral and political philosophy in the Kantian tradition and examines their import for issues in international relations. First, I examine how constructivist interpretations of Kantian moral theory can inform an understanding of Kant’s Perpetual Peace and passages in other key texts that deal with international relations. Second, drawing on the constructivist tradition, I examine Kant’s remarks on the dependency of domestic justice on international justice. By bringing these two themes together, I put forward (...) a Kantian view of international relations that emphasizes the role of morality in resolving practical problems at the international level and draws attention to the ways in which solving problems of domestic justice is contingent on also solving problems of international justice. Each of these points provides a Kantian response to, and the second puts pressure on, realist views in international relations. (shrink)

Seunghyun Song’s recent article on epistemic repair for Japan’s military sex slavery lays out the case for considering acknowledgment as a form of reparative justice particularly suited to redressing epistemic wrongs. I agree with Song, but press her on the relationship between epistemic repair and reparative justice more generally. I also outline other forms that backward-looking epistemic responsibility might take. Distinguishing between revisionism and denialism, I ask: Should individual agents who’ve publicly made denialist statements about Japan’s military sex slavery be (...) criminally liable? Should their revisionist counterparts be subject to the kind of social sanctions that are associated with present-day cancel culture? (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

The aim of this paper is to show that a business ethic based on the ethics of care is superior to traditional business ethics. It shall be argued that neo-liberalism is inconsistent with the ethics of care since it either excludes caring institutions or treats them as preferences to be satisfied as the ‘free’ market sees fit. Unlike traditional business ethics, a business ethic based on the ethics of care can play an important role in challenging the neo-liberal paradigm. Many (...) business issues that are treated as peripheral by traditional business ethics can thus take central stage in a business ethic based on the ethics of care. (shrink)

The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be (...) seen as part of an ongoing transformation in the relations between Indigenous peoples and the Australian state. (shrink)

Most cases of historical injustices that attract public attention are at least partly caused by states. However, there is not yet a universally agreed upon, single version of a normative account that addresses all associated problems. In this paper, I attempt to defend the State Endurance Account as part of a response to the question of how we should account for reparations for state-caused historical injustices. This account supports the view that, in general, it is justified to require a state (...) to fulfill its duties incurred in the past, including reparatory duties. (shrink)

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...) living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups. (shrink)

Throughout history governments have neglected, mistreated, or intentionally harmed their own citizens. In Canada this includes the denial of equal rights, the internment of Japanese Canadians during and after WWII, and the forced expulsion of the Acadians in1755, as well as other events. In the literature on reparations, the most popular examples of harm perpetrated by a state is the capture and enslavement of Africans and the acquisition of Aboriginal lands during European exploration and colonization in North America. In this (...) paper I will examine the argument for reparative claims against nations. I will argue that when we closely examine the case for reparative justice, it becomes clear that a distributive justice account would be more effective and less problematic than appeals to corrective justice. Further, when looking at the claims of past versus present citizens upon the nation, distributive justice provides a method to determine where responsibility lies. (shrink)

Although John Locke’s theory of appropriation is undoubtedly influential, no one seems to agree about exactly what he was trying to say. It is unlikely that someone will write the interpretation that effectively ends the controversy. Instead of trying to find the one definitive interpretation of Locke’s property theory, this article attempts to identify the range of reasonable interpretations and extensions of Lockean property theory that exist in the contemporary literature with an emphasis on his argument for unilateral appropriation. It (...) goes through Locke’s argument point-by-point discussing the controversy over what he said and over what he perhaps should have said to make the most valuable and coherent argument. The result is an outline of Lockean theories of property: a menu of options by which one might use appropriation to justify property rights. Supporters only need to pick the version they find most plausible, but opponents should be aware of the entire menu. Anyone claiming to refute appropriation-based property rights must address not only one but all potentially valid versions of it. (shrink)

Forgiveness seems especially apt in cases where the wrongdoer first performs some act of reparation. Suppose Valerie betrays Madison's trust out of careerist self-interest. The betrayal is serious, no excusing or exempting conditions obtain, and Madison responds with justified resentment. In one world, Valerie never acknowledges the impropriety of her past act and continues on as before. In another world, Valerie apologizes and sends Madison a beautiful bouquet of flowers. All else being equal, forgiveness seems called for or apt in (...) the second case in a way that it does not in the first. Reparative activities have a certain power, and forgiving in response to the wrongdoer's reparation strikes many as especially apt. (shrink)