Appealing to African values associated with ubuntu such as communion and reconciliation, elsewhere I have argued that they require compensating those who have been wronged in ways that are likely to improve their lives. In the context of land reform, I further contended that this principle probably entails not transferring unjustly acquired land en masse and immediately to dispossessed populations since doing so would foreseeably lead to such things as capital flight and food shortages, which would harm them and the (...) broader society. Oritsegbubemi Anthony Oyowe has recently argued against my claim that land reform should be enacted in a way expected to benefit victims of colonialism while not greatly burdening innocent third parties, instead supporting the return of land to its rightful owners regardless of how the manner in which it were done would affect people’s quality of life. Here I expound Oyowe’s argumentation and respond to it in defence of my initial position, appealing to examples from southern Africa to illustrate. (shrink)

Do members of cultural groups have special claims to own or control the products of the cultures to which they belong? Is there something morally wrong with employing artistic styles that are distinctive of a culture to which you do not belong? What is the relationship between cultural heritage and group identity? Is there a coherent and morally acceptable sense of cultural group membership in the first place? Is there a universal human heritage to which everyone has a claim? Questions (...) such as these concern the ethics of cultural heritage (or heritage ethics, for short). This entry seeks to provide an overview of the philosophical work on topics in heritage ethics, as well as introduce readers to some of the most philosophically relevant literature from other disciplines. (shrink)

The debate concerning the legitimacy of awarding reparations for historical injustices focuses on the issue of finding a proper moral justification for granting reparations to the descendants of the victims of injustices which took place in the remote past. Regarding the case of Romanian communism as a more recent injustice, and analyzing the moral problems entailed by this historical lapse, within this paper I argue that overcoming such a legacy cannot be carried out, as in the case of historical injustices (...) situated more remotely in time, through the means of selective reparations, such as restitutions or compensations. For, even though they are justified from the perspective of rectificatory justice, selective reparations do not fulfill the requirements of social justice. Rather, I argue that the fall of the Romanian communist regime should have been followed by an equal distribution of all properties illegitimately seized by the state, to all adult Romanian citizens at that time, in order to attain the imperative of equal distribution of property among all citizens. The equal distribution thesis is the only way through which the Romanian society could have complied, at that moment of political and social renewal, with the requirements of justice. I also aim at explaining why other principles of justice, which either have or could have been implemented, cannot be properly justified. Finally, I analyze two main objections which could be invoked against my thesis, namely the economic efficiency objection and the legal realist objection. (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)

This article examines the nature of the wrongs that are inflicted on individuals and groups who have been expelled from the land that they previously occupied, and asks what they might consequently be owed as a matter of corrective justice. I argue that there are three sorts of potential wrongs involved in such expulsions: being deprived of the moral right of occupancy; being denied collective self-determination; and having one's property rights violated. Although analytically distinct, all of these wrongs are likely (...) to be perpetrated when people are expelled from their homelands. Although there is substantial literature on corrective justice dealing with such cases, most of that literature focuses on the expropriation of property only, and is therefore unlikely to grasp the full implications of the wrong done or to reveal the full extent of what might be owed to people as a matter of corrective justice. (shrink)

Here, we provide an ethical analysis of discrimination in private insurance to guide the application of non-discriminatory algorithms for risk prediction in the insurance context. This addresses the need for ethical guidance of data-science experts, business managers, and regulators, proposing a framework of moral reasoning behind the choice of fairness goals for prediction-based decisions in the insurance domain. The reference to private insurance as a business practice is essential in our approach, because the consequences of discrimination and predictive inaccuracy in (...) underwriting are different from those of using predictive algorithms in other sectors. Here we focus on the trade-off in the extent to which one can pursue indirect non-discrimination versus predictive accuracy. The moral assessment of this trade-off is related to the context of application—to the consequences of inaccurate risk predictions in the insurance domain. (shrink)