Genocide remembrance is a complex epistemological/ethical achievement, whereby survivors and descendants give meaning to the past in the quest for both personal-historical and social-historical truth. This paper offers an argument of epistemic injustice specifically as it occurs in relation to practices of (individual and collective) genocide remembrance. In particular, I argue that under conditions of genocide denialism, understood as collective genocide misremembrance and memory distortion, genocide survivors and descendants are confronted with hermeneutical oppression. Drawing on Sue Campbell’s relational, reconstructive account (...) of remembering, I argue that genocide denialism involves disrespectful challenges to memory, which systematically misrecognize rememberers. Adopting the case of Turkey’s denialism of the Armenian genocide, I discuss two interrelated mechanisms through which this can happen: i) through the systematic portrayal of survivors and descendants as vicious rememberers, and ii) through distortions of the very concept of ‘genocide’. Based on this, I show how hermeneutical and testimonial injustice are crucially interrelated when it comes to “contested” memories of historical injustice and the biographical testimony it gives rise to. (shrink)

THIS PUBLICATION IS AVAILABLE OPEN ACCESS. The United Nations Commission on Human Rights acknowledges the Right to Know as part of state obligations to combat impunity and thereby protect and promote human rights in the aftermath of “serious crimes under international law”. In light of such an institutionally acknowledged epistemic right of victims, this paper explores the normative foundations of the idea of epistemic reparation in the aftermath of genocide. I argue that such epistemic reparation requires not only fulfilment of (...) the informational needs of victims, survivors and descendants, including access to knowledge about the violations. By taking into account epistemic injuries, which are part and parcel of genocide, it ought to also re-establish victims’ epistemic standing. This is because genocide is enabled, justified and even prescribed through a genocidal epistemology involving the propagation of falsehoods and misinformation about social reality as well as abuses of epistemic authority and epistemic authoritarianism. Hence, epistemic reparation ought to correct the dysfunctional epistemic practices that underlie and sustain a genocidal epistemology. It thereby provides victims, survivors and descendants with epistemic recognition that has been systematically withdrawn from them, making epistemic reparation a crucial element of restorative justice. (shrink)

In this paper I sketch a socially situated account of responsible agency, the main tenet of which is that the powers that constitute responsible agency are themselves socially constituted. I explain in detail the constitution relation between responsibility-relevant powers and social context and provide detailed examples of how it is realized by focusing on what I call ‘expectations-generating social factors’ such as social practices, cultural scripts, social roles, socially available self-conceptions, and political and legal institutions. I then bring my account (...) to bear on the debate about the exculpatory potential of moral ignorance. I show that a prominent position in this debate – the position that denies that moral ignorance exculpates – is grounded on an individualistic and acontextualist conception of moral capacities, moral cognition, and blameworthiness, and that this conception leads those philosophers who endorse it to make a number of questionable claims regarding the ability of ordinary agents to overcome their moral ignorance and the culpability they bear for the latter. I conclude by indicating how my socially situated account addresses the issue of moral ignorance. (shrink)

In this introduction to the special issue ‘Epistemic Injustice and Collective Wrongdoing,’ we show how the eight contributions examine the collective dimensions of epistemic injustice. First, we contextualize the articles within theories of epistemic injustice. Second, we provide an overview of the eight articles by highlighting three central topics addressed by them: i) the effects of epistemic injustice and collective wrongdoing, ii) the underlying epistemic structures in collective wrongdoing, unjust relations and unjust societies, and iii) the remedies and strategies of (...) resistance to epistemic injustice. We close by pointing to connections and issues that may motivate further research. (shrink)

This paper makes the case for the permissibility of post-conflict amnesties, although not on prudential grounds. It argues that amnesties of a certain scope, targeted to certain categories of perpetrators, and offered in certain contexts are morally permissible because they are an acknowledgment of the difficulty of attributing criminal responsibility in mass violence contexts. Based on this idea, the paper develops the further claim that deciding which amnesties are permissible and which ones are not should be decided on a case-by-case (...) basis. Against what seems to be an increasingly popular assumption of some international actors, just as "blanket" amnesties are impermissible, so is an absolutist rejection of all types of amnesties. (shrink)

Must we ascribe hope for better times to those who (take themselves to) act morally? Kant and later theorists in the Frankfurt School tradition thought we must. In this article, I disclose that it is possible – and ethical – to refrain from ascribing hope in all such cases. I draw on two key examples of acting irrespective of hope: one from a recent political context and one from the life of Jean Améry. I also suggest that, once we see (...) that it is possible to make sense of (what I call) ‘merely expressive acts’, we can also see that the early Frankfurt School wasnotguilty of a performative contradiction in seeking to enlighten Enlightenment about its (self-)destructive tendencies, while rejecting the (providential) idea of progress. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

In December 2019, President Trump pardoned Eddie Gallagher, a Navy Seal convicted of war crimes committed while serving in Iraq in 2017. Did Gallagher commit these crimes because he is a bad person, or were his actions the result of situational factors, such as stress and fatigue? These different explanations of Gallagher’s crimes reflect two ways of thinking about the causes of war crimes and how to prevent them: character-based views and situationist accounts. Character-based views attribute war crimes to failures (...) of individual military personnel to live up to military virtues, whereas situationist accounts focus on external factors (such as battlefield stress) as the primary cause of war crimes. While both situationist and character accounts highlight important aspects of the causes of war crimes, in this article I argue that they do not account for the fact that war crimes can (and have) come to be seen as compatible with military virtues. By not acknowledging this fact, these accounts of war crimes fail to address the fact that some of the most egregious war crimes occurred not because military personnel failed to embody the military virtues of their institution, but because they embodied them all too well. (shrink)

In parts I and II, this article briefly sketches two approaches to virtue ethics – those taken by Aristotle and the contemporary exemplarist moral theory of Linda Zagzebski – with an eye to providing resources for miliary educators. Each section concludes with remarks about the pros and cons of the author’s experiences of teaching these theories to undergraduates. Part III deals with the social articulation of morality and its implications for war crimes. The social articulation of morality is the idea (...) that moral principles cannot be applied in the abstract, but must be interpreted in terms of social backgrounds and norms. This draws on War Crimes: Causes, Excuses, and Blame (2019) by Talbert and Wolfendale, who consider how social articulations of morality led the military in various countries to commit war crimes in the mistaken belief that they were acting in accordance with moral principles. Democratic countries have commitments to free speech that enable us to resist such abuses. The implications for military education are that virtues such as intellectual discernment should be joined with discussions of ethical issues to ensure that future military leaders do not fall prey to false moral narratives. (shrink)

It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi Germany. This article explores the existence and origins of this idea—that ‘Nazi law’ represented an aberration from normal legal-historical development with a point of rupture persisting between it and the ‘normal’ or central concept of law—within jurisprudential discourse in order to illustrate the prevalence of a distorted representation of Nazi law and how this distortion is manifested within (...) the discourse today. An analysis of the treatment of Nazi law in two major 50th anniversary publications about the 1958 Hart–Fuller debate, and a review of representations of the Third Reich within literature from the current discourse, demonstrates that the rupture thesis continues to be reproduced within jurisprudence. An examination of the role of Nazi law in the Hart–Fuller debate itself shows that it can be traced back to the debate, where it was constructed through a combination of conceptual determinism and historical omission. It concludes that the historical Nazi law has great significance for the concept of law, but neither positivism nor natural law has properly theorised the nature of the real Nazi legal system. (shrink)