Este trabajo muestra que, aun si todas las personas involucradas en una injusticia histórica están muertas, ese hecho es insuficiente para afirmar que tal injusticia fue superada. En particular, mostraré que muchos descendientes de las víctimas directas de injusticias históricas pueden considerarse negativamente afectadas por sus efectos duraderos. Argumentaré también que el paso del tiempo puede reducir el deber de compensar. Por lo tanto, aunque muchos descendientes de víctimas directas que viven en el presente puedan considerarse negativamente afectadas por los (...) efectos remanentes de la injusticia histórica en cuestión, el paso del tiempo puede hacer que la injusticia histórica sea superada, al menos en referencia a los reclamos personales por compensación conectados a los eventos injustos sufridos por sus ancestros. (shrink)

Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral problem of sexual violence includes both (...) types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

Journal of Social Philosophy, EarlyView.

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same entity (...) whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power of the Transnational Capitalist Class (...) as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

Machine learning algorithms pervade contemporary society. They are integral to social institutions, inform processes of governance, and animate the mundane technologies of daily life. Consistently, the outcomes of machine learning reflect, reproduce, and amplify structural inequalities. The field of fair machine learning has emerged in response, developing mathematical techniques that increase fairness based on anti-classification, classification parity, and calibration standards. In practice, these computational correctives invariably fall short, operating from an algorithmic idealism that does not, and cannot, address systemic, Intersectional (...) stratifications. Taking present fair machine learning methods as our point of departure, we suggest instead the notion and practice of algorithmic reparation. Rooted in theories of Intersectionality, reparative algorithms name, unmask, and undo allocative and representational harms as they materialize in sociotechnical form. We propose algorithmic reparation as a foundation for building, evaluating, adjusting, and when necessary, omitting and eradicating machine learning systems. (shrink)

Alasia Nuti’s important recent book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, makes many persuasive interventions. Nuti shows how structural injustice theory is enriched by being explicitly historical; in theorizing historical-structural injustice, she lays bare the mechanisms of how the injustices of history reproduce themselves. For Nuti, historical-structural patterns are not only shaped by habitual behaviors that are or appear to be morally permissible, but also by individual wrongdoing and wrongdoing by powerful group agents like states. (...) In this article, I extend Nuti’s rich analysis, focusing on two questions that arise from her theory of historical-structural injustice: Beyond being blameworthy for wrongful acts themselves, are culpable wrongdoers blameworthy for contributing to structural injustice? Does historical moral ignorance mitigate moral responsibility for past injustice? Regarding, I distinguish between the local and societal structural effects of wrongdoing. Though I think this distinction is well-founded, it ultimately leads to tensions with structural injustice theory’s idea of ordinary individuals being blameless for reproducing unjust structures. Regarding, I argue that even though it is natural for the question of historical moral ignorance to arise in considering past wrongdoing, at least in the case of powerful group agents, we should not overlook forms of cruelty which present-day moral concepts are not needed to condemn. (shrink)

Some of the most invidious injustices are seemingly the results of impersonal workings of rigged social structures. Who bears responsibility for the injustices perpetrated through them? Iris Marion...

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)

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)

The ‘structural injustice’ framework is an increasingly influential way of thinking about historical injustice. Structural injustice theorists argue against reparations for historical injustice on the grounds that our focus should be on forward-looking responsibility for contemporary structural injustice. Through the use of a case study – the Caribbean Community 10-Point Plan for reparations from 2014 – I argue that this reasoning is flawed. Backward-looking reparations can be justified on the basis of state liability over time. The value of backward-looking reparations (...) is that they ensure that historical perpetrators do not evade their reparative obligations and that affected communities are taken seriously. However, I argue that this backward-looking approach should be supplemented by a forward-looking structural injustice approach and the ‘social connection model’ of responsibility, which can expand the scope of responsible agents and forms of injustice that warrant repair and explain how citizens living now can be expected to pay for crimes of the past. (shrink)

In this article, I critically reassess Iris Marion Young's late works, which centre on the distinction between liability and social connection responsibility. I concur with Young's diagnosis that structural injustices call for a new conception of responsibility, but I reject several core assumptions that underpin her distinction between two models and argue for a different way of conceptualising responsibility to address structural injustices. I show that Young's categorical separation of guilt and responsibility is not supported by the writings of Hannah (...) Arendt, which Young draws on, and that it is also untenable on independent systematic grounds. Furthermore, I argue that several of Young's other criteria fail to clearly demarcate two distinct phenomena. I therefore propose to transcend Young's distinction between two models in favour of a related, but conceptually different distinction between two forms of responsibility: interactional and structural. Embracing this terminology facilitates the conceptualisation of the general features of responsibility that are shared by both forms, including their retrospective and prospective time-direction and their applicability to individual, joint and group agency. The distinction between interactional and structural responsibility also yields a more compelling general account of the role of background structures, and of blame within ascriptions of political responsibility. (shrink)

Processes of transitional justice deal with large-scale wrongdoing committed during extended periods of conflict or repression. This paper discusses three common moral objections to processes of transitional justice, which I label shaking hands with the devil, selling victims short, and entrenching the status quo. Given the scale of wrongdoing and the context in which transitional justice processes are adopted, compromise is necessary. To respond to these objections, I argue, it is necessary to articulate the conditions that make a compromise principled. (...) I defend three criteria that distinguish principled from unprincipled compromises. (shrink)

ABSTRACTThis article applies the idea of political reconciliation to current debates on the role and legitimacy of global governance. My underlying thesis is that the idea of reconciliation fits better with the non-ideal circumstances of global injustice. To this end, I will first of all develop a three-tiered model of political reconciliation and introduce the related concept of restorative justice. I will then look at some of the most obvious forms of international and global injustice – historical injustice, economic exploitation, (...) and political domination – and argue that a normative theory of political reconciliation provides better proposals for feasible global governance reforms than do theories of corrective, retributive, or distributive justice. Finally, I will make a few comments on the role of political philosophy as a medium of ‘narrative reconciliation’. (shrink)

I argue that if we claim colonialism is per se wrong, then we face a dilemma that stems from the fact that many states today are a result of past colonialism. We believe that postcolonial states have a right to self-determination such that it is wrong to colonize them. But this entails that there is a process that can turn a colonial state into a rightful state, and so we admit that there is a way to carry out colonialism that (...) is not wrongful. To avoid this conclusion, we must accept that the wrongness of colonialism has been superseded or remedied. These options either entail instrumentalism, which admits that colonialism is not per se wrong, or they are implausible. (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)

In Justice and Reconciliation in World Politics Catherine Lu endorses the idea that those who contribute to the reproduction of structural injustice have responsibilities to address that injustice. However, in the book, Lu does not explore the grounds and justification for recognising such a responsibility. In order to address this deficit, this paper proposes that those likely to contribute to the reproduction of structural injustice, in the future, have precautionary duties, in the present, that require them to take action aimed (...) at preventing their future contribution. It is proposed that these ‘collectivization duties’ require them to act responsively with a view to forming a collective that can end the structural injustice in question. This account recommends a collective-action solution alongside recognising that each socially connected agent is obliged to act. However, it does not entail that amorphous groups bear responsibilities and is appropriate in its attribution of blame, thus avoiding both Nussbaum’s critique of perpetually forward-looking accounts and the ‘agency objection’. (shrink)

In Justice and Reconciliation in World Politics Catherine Lu argues that structural reconciliation, rather than interactional reconciliation, ought to be the primary normative goal for political reconciliation efforts. I suggest that we might have good reason to want to retain relational approaches – such as that of Linda Radzik – as the primary focus of reconciliatory efforts, but that Lu’s approach is invaluable for identifying the parties who ought to bear responsibility for those efforts in cases of structural injustice. First, (...) I outline Lu’s analysis of reconciliation, where she argues for the normative priority of structural approaches within the global political sphere, and propose that it will be useful to identify whether or not a relational account could instead identify underlying structural injustices. Second, I examine one particular relational account of reconciliation (based on Radzik’s account of atonement) and argue that this type of account brings to light underlying structural injustices of the kind Lu is concerned with. Finally, I identify an issue for relational accounts in identifying relevant responsible parties for reconciliation before returning to Lu’s structural account to address this gap. (shrink)

Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the point along this spectrum that (...) is morally or politically most significant. Section 3 provides an overview of the processes commonly cited as contributing to reconciliation. These processes are often controversial; those praised by some commentators as appropriate and constructive responses to past conflict are dismissed by others as undermining the moral or political conditions for just and peaceful relations. Section 4 concentrates on the relationship between reconciliation and justice. While some see these values as compatible and mutually supporting, others argue that, especially in the immediate wake of conflict, parties must often choose between reconciliation and justice. (shrink)

This article offers a conceptual framework for discussing the role of envy within processes of transitional justice. Transitional justice importantly includes the transformation of intergroup dynamics of interaction in the aftermath of societal conflicts and upheavals. Such transformation aims to realise “interactive” justice in transitional justice by reshaping belief and value systems, and by moulding emotional responses between the involved parties. A nuanced understanding of the emotions at play in intergroup antagonistic dynamics of interaction is thus essential to transitional justice. (...) Among the many emotions that we could address in such scenarios, we target envy. Envy, in its various forms, features prominently in many societal conflicts and upheavals, and has, therefore, the potential to undermine or, conversely, support just intergroup interactions. However, the ambivalent role of this emotion has been scantly analysed in the philosophical literature on transitional justice. We make a start on filling this lacuna by developing a conceptual framework which is necessary to appreciate how envy and its varieties are epistemically and practically relevant to realising interactive justice in transitional justice processes. (shrink)

Catherine Lu’s recent book argues that we should conceive colonial wrongs not as unjust interactions between individuals or states, but rather as structural injustices of the international system. I review her book and raise some questions about her approach.

This paper discusses two possible difficulties with Catherine Lu’s powerful analysis of the moral response to our shared history of colonial evil; both of thesedifficulties stem from the rightful place of shame in that moral response. The first difficulty focuses on efficacy: existing states may be better motivated by shame atthe past than by a shared duty to bring about a just future. The second focuses on equity: it is, at the very least, possible that shame over past misdeeds ought (...) to bebrought into the conversation about present duties, in a manner more robust than Lu’s analysis allows. (shrink)

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)

The Sámi have long desired a public process to examine and expose the Nordic states’ colonial, assimilationist practices and policies, past and present, toward the Sámi people. This article considers the truth and reconciliation process in Finland, assessing it in light of recent legislative and other measures. Employing settler colonial theory, it argues that reconciliation, although seemingly progressive, signifies a continuation of colonialism unless the state terminates its current approach of overlooking Sámi rights. The article concludes with a discussion of (...) structural reconciliation and justice and considers some concrete measures for structural change in order for the reconciliation process to be valid and successful in Finland. (shrink)

ABSTRACTTransitional justice encompasses a global body of scholarship and practice that concentrates on responses to large-scale wrongdoing in the context of an attempted shift from conflict and/or repression. In my book, The Conceptual Foundations of Transitional Justice I argue that transitional justice is a distinctive type of justice. Transitional justice requires the just pursuit of societal transformation. I define transformation relationally, as the terms defining interaction among citizens and between citizens and officials. Transformation is necessary because of the presence of (...) pervasive structural inequality and wrongdoing. Transformation is a practical possibility because of the uncertainty characteristic of transitions. Processes of transitional justice pursue transformation by dealing with past wrongs. The just pursuit of societal transformation requires heeding the moral claims of victims and moral demands on perpetrators. In this paper, I address four issues raised by Sirkku Hellsten, George Hull, Thaddeus Metz, and Margaret Urban Walker. I first discuss the methodological questions pressed. I then consider challenges to the substantive view of transitional justice I propose. I next turn to queries about the distinctiveness of transitional justice. Finally, I respond to skepticism about the necessity and value of a substantive normative theory of transitional justice. (shrink)

Journal of International Political Theory, Ahead of Print.