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Driven by a sharp increase in claims for reparations, reparative justice has become a topic of academic debate. To some extent this debate has been marred by a failure to realize the complexity of reparative justice. In this essay we try to amend this shortcoming. We do this by developing a taxonomy of different kinds of wrongs that can underwrite claims to reparations. We identify four kinds of wrongs: entitlement violations, unjust exclusions from an otherwise acceptable system of entitlements, and (...) |
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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 (...) |
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La mal llamada “Conquista del Desierto” constituyó una serie de campañas militares ocurridas en el actual territorio patagónico argentino entre los años 1878 y 1885 cuyo resultado fue el asesinato, la violación y sometimiento a la esclavitud de diversos pueblos y comunidades indígenas. Este no fue un caso aislado, sino que se suma a una serie de ataques sistemáticos que han sufrido los indígenas en la Argentina. En los últimos años, a raíz del reclamo y las luchas de los pueblos (...) |
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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 (...) |
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In this article, I explore the relationship between the supersession thesis and the rights of future people. In particular, I show that changes in circumstances might supersede future people’s rights. I argue that appropriating resources that belong to future people does not necessarily result in a duty to return the resources in full. I explore how these findings are relevant for climate change justice. Assuming future generations of developing countries originally had a right to use a certain amount of the (...) |
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Luego de la Conquista del Desierto, el Estado argentino impuso su ordenamiento institucional a los miembros sobrevivientes de varias comunidades indígenas. De este modo, sus instituciones fueron desplazadas. Esta es una injusticia histórica cuya reparación, en aquel tiempo, requería la restauración de la vigencia de las instituciones indígenas. Sin embargo, no estamos más en 1885 y muchas circunstancias han cambiado. Muchas personas indígenas y no indígenas viven en las mismas ciudades, tienen intereses en las mismas porciones de tierra, e interactúan (...) |
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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 (...) |
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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 (...) |
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This article is a response to a paper presented to the New Zealand Historical Association in 1991 by J. G. A. Pocock, who suggests that Pakeha (European) settlers are now becoming tangata whenua (people of the land) in the same way that Maori did. The principal idea examined is what an `indigenous' identity means once historical claims have been settled by Maori against the Crown, and whether there is any merit in the term `indigenous'. The article then examines the logic (...) |
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Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) |
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This paper is interested in place-related attachments. It discusses the way in which territory or land is treated in theories of global distributive justice, and argues that this fails to capture the normatively significant relationship between peoples and places. This paper argues that any adequate theory of justice in territory has to begin by recognizing that territory is a claimant-relative good, and that this should be an important point of departure for theorizing about land and justice. Not only do the (...) |
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Theories of political authority divide naturally into those that locate the source of states' authority in the history of states' interactions with their subjects and those that locate it in structural (or functional) features of states (such as the justice of their basic institutions). This paper argues that purely structuralist theories of political authority (such as those defended by Kant, Rawls, and contemporary “democratic Kantians”) must fail because of their inability to solve the boundary problem—namely, the problem of locating the (...) |
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This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...) |
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La emergencia climática impacta en el derecho humano a la salud, por lo que los Estados y la comunidad internacional deben tomar medidas concertadas y urgentes para enfrentar esta problemática. Este informe tiene como objetivo brindar herramientas desde un enfoque centrado en la relación entre el clima y la salud para abordar algunas de las preguntas sobre las obligaciones de los Estados incluidas en la Opinión Consultiva sobre Emergencia Climática y Derechos Humanos presentada por Colombia y Chile ante la Corte (...) |
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Which role can physical proximity play in our thinking about the foundations of political community in a world where, due to political, economic and technological developments, we seem to live side by side with virtually everyone globally? This article interrogates this question in conversation with Kant’s political thought, where proximity makes a prominent appearance both as a foundation of statehood and of cosmopolitan community. I argue that, as a scalar criterion, the idea of proximity cannot serve as a particularisation principle (...) |
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This paper offers a critique of David Miller's recent account of inherited national responsibility. It is argued that the account leads to a dilemma: either it does not make sense to say that we can accept the national inheritance; or; on a different sense of acceptance; it does; but then we encounter a serious conflict with one of our important intuitions about responsibility. |
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What was distinctive about the evil of the transatlantic slave trade and New World slavery? In what ways can the present seek to rectify such historical wrongs, even while recognizing that they lie beyond repair? Irreparable Evil explores the legacy of slavery and its moral and political implications, offering a nuanced intervention into debates over reparations. David Scott reconsiders the story of New World slavery in a series of interconnected essays that focus on Jamaica and the Anglophone Caribbean. Slavery, he (...) |
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There are two main sources of theoretical doubt regarding the validity of claims for reparation: the questions arising from the non-identity problem and those arising from the supersession thesis. Neither of them significantly undermines the Palestinian refugees’ claims to reparations and a right of return. |
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Storm surges, flooding, heatwaves, and prolonged drought, as ever more regular features of life under deteriorating climate conditions, are unmistakably violent. Their effects on the lives of vulnerable human populations and ecosystems across the world are widely known to be devastating. Yet a legal order that denies the victims of such ecological persecution safe haven, no matter how great its use of force (e.g., detention, arrest, forced return) cannot, by definition, be violent. The power of law, used to protect states’ (...) |
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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 (...) |
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Differences between, and struggles over, plural forms of time and temporal categories is a crucial yet underexplored aspect of debates about global justice. This article aims to reorient the global... |
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Here I explore how the island was transformed into the site of the instrumentalization of evil, allowing Kant to expand its conception as a land of truth concerning its default genealogy in the homeland, lending purposiveness to evil to ensure this land of truth is protected from natural illusion. By contrast, Rousseau proposed the opposite course, which surprisingly bears important links to contemporary predicaments, in line with the idea of modern progress premised on a generalizing moral ecology. By the turn (...) |
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Ratio Juris, Volume 35, Issue 2, Page 123-138, June 2022. |
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Cosmopolitan concern for the whole world is often treated as oppositional to particular collectivities, to corresponding sensibilities and to the obligations that follow from them. Tensions revolve around demands made upon the self (depending on the emphasis on the local or the global) and infuse educational discourse accordingly. Culturalism approaches the self as a culturally or multiculturally shaped identity, monopolises the terrain of cosmopolitan debate and narrows the scope of cosmopolitan education only to encouraging hybridity of selfhood and to cultivating (...) |
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