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Against Supersession

Douglas Sanderson

Canadian Journal of Law and Jurisprudence 24 (1):155-182 (2011)

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Intergenerational justice.Lukas Meyer - 2008 - Stanford Encyclopedia of Philosophy.details Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...) Download Export citation Bookmark 63 citations
Responding to historical injustices: Collective inheritance and the moral irrelevance of group identity.Santiago Truccone-Borgogno - 2024 - European Journal of Political Theory 23 (I):65-84.details 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 (...) Download Export citation Bookmark 1 citation
John Locke on historical injustice: the redemptive power of contract.Brian Smith - 2024 - Critical Review of International Social and Political Philosophy 27 (4):488-510.details This paper seeks to argue that Locke proposes a coherent theory of restorative justice regarding historical crimes. In two cases that he sets out in the Second Treatise, that of the Greek Christians living in the Ottoman Empire and Englishmen living in the wake of William I’s conquest, the preliminary standard of historical redress is whether the descendants of the conquerors and conquered possess equal political rights. Conquered peoples cannot simply be subsumed or annexed into an existing political order. They (...) Download Export citation Bookmark
Colonialism, injustices of the past, and the hole in Nine.Daniel Weltman - 2023 - Critical Review of International Social and Political Philosophy 88 (2):288-300.details In ‘Colonialism, territory and pre-existing obligations,’ Cara Nine argues that Lea Ypi’s account of the wrongness of colonialism has a hole in it: Ypi leaves open the possibility of justified settler colonialism. Nine suggests that we can patch this hole by attaching value to existing political associations. But Nine’s solution has its own hole. Many political associations exist due to settler colonialism, and thus if we endorse the value of these associations we seem to endorse colonialism. In response, we could (...) Download Export citation Bookmark 3 citations
Legitimate Expectations, Historical Injustice, and Perverse Incentives for Settlers.Timothy Waligore - 2017 - Moral Philosophy and Politics 4 (2):207-228.details This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s attempt to reduce (...) Download Export citation Bookmark 5 citations

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