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Superseding historic injustice

Ethics 103 (1):4-28 (1992)

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  1. On benefiting from injustice.Daniel Butt - 2007 - Canadian Journal of Philosophy 37 (1):129-152.
    How do we acquire moral obligations to others? The most straightforward cases are those where we acquire obligations as the result of particular actions which we voluntarily perform. If I promise you that I will trim your hedge, I face a moral Obligation to uphold my promise, and in the absence of some morally significant countervailing reason, I should indeed cut your hedge. Moral obligations which arise as a result of wrongdoing, as a function of corrective justice, are typically thought (...)
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  • Black reparations.Bernard Boxill - 2022 - Stanford Encyclopedia of Philosophy 1.
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  • Intergenerational justice.Lukas Meyer - 2008 - Stanford Encyclopedia of Philosophy.
    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 (...)
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  • A Lockean argument for Black reparations.Bernard Boxill - 2003 - The Journal of Ethics 7 (1):63-91.
    This is a defense of black reparations using the theory of reparations set out in John Locke''s The Second Treatise of Government. I develop two main arguments, what I call the ``inheritance argument'''' and the ``counterfactual argument,''''both of which have been thought to fail. In no case do I appeal to the false ideas that present day United States citizens are guilty of slavery or must pay reparation simply because the U.S. Government was once complicit in the crime.
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  • Backward-looking reparations and structural injustice.Maeve McKeown - 2021 - Contemporary Political Theory 20 (4):771-794.
    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 (...)
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  • What Structural Injustice Theory Leaves Out.Daniel Butt - 2021 - Ethical Theory and Moral Practice 24 (5):1161-1175.
    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 (...)
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  • Who Owns Up to the Past? Heritage and Historical Injustice.Erich Hatala Matthes - 2018 - Journal of the American Philosophical Association 4 (1):87-104.
    ‘Heritage’ is a concept that often carries significant normative weight in moral and political argument. In this article, I present and critique a prevalent conception according to which heritage must have a positive valence. I argue that this view of heritage leads to two moral problems: Disowning Injustice and Embracing Injustice. In response, I argue for an alternative conception of heritage that promises superior moral and political consequences. In particular, this alternative jettisons the traditional focus on heritage as a primarily (...)
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  • 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.
    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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  • On The Necessity of a Pluralist Theory of Reparations for Historical Injustice.Felix Lambrecht - 2024 - Philosophical Quarterly 1 (1):1-21.
    Philosophers have offered many arguments to explain why historical injustices require reparations. This paper raises an unnoticed challenge for almost all of them. Most theories of reparations attempt to meet two intuitions: (1) Reparations are owed for a past wrong and (2) the content of reparations must reflect the historical injustice. I argue that necessarily no monistic theory can meet both intuitions. I do this by showing that any theory that can meet intuition (1) necessarily cannot also meet intuition (2). (...)
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  • Rawls, self-respect, and assurance: How past injustice changes what publicly counts as justice.Timothy Waligore - 2016 - Politics, Philosophy and Economics 15 (1):42-66.
    This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...)
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  • A theory of intergenerational justice.Jörg Tremmel - 2009 - London: Earthscan.
    Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law and policy.
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  • The Significance of the Past.Guy Kahane - 2021 - Journal of the American Philosophical Association 7 (4):582-600.
    The past is deeply important to many of us. But our concern about history can seem puzzling and needs justification. After all, the past cannot be changed: we can help the living needy, but the tears we shed for the long dead victims of past tragedies help no one. Attempts to justify our concern about history typically take one of two opposing forms. It is assumed either that such concern must be justified in instrumental or otherwise self-centered and present-centered terms (...)
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  • Justice and Attachment to Natural Resources.Chris Armstrong - 2013 - Journal of Political Philosophy 22 (1):48-65.
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  • Transgenerational Compensation.George Sher - 2005 - Philosophy and Public Affairs 33 (2):181-200.
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  • Structural Injustice and the Place of Attachment.Lea Ypi - 2017 - Journal of Practical Ethics 5 (1):1-21.
    Reflection on the historical injustice suffered by many formerly colonized groups has left us with a peculiar account of their claims to material objects. One important upshot of that account, relevant to present day justice, is that many people seem to think that members of indigenous groups have special claims to the use of particular external objects by virtue of their attachment to them. In the first part of this paper I argue against that attachment-based claim. In the second part (...)
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  • What counts as original appropriation?Bas van der Vossen - 2009 - Politics, Philosophy and Economics 8 (4):355-373.
    I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which acts count (...)
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  • Historical rights and fair shares.A. John Simmons - 1995 - Law and Philosophy 14 (2):149 - 184.
    My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and finally, because (...)
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  • On the concept of climate debt: its moral and political value.Jonathan Pickering & Christian Barry - 2012 - Critical Review of International Social and Political Philosophy 15 (5):667-685.
    A range of developing countries and international advocacy organizations have argued that wealthy countries, as a result of their greater historical contribution to human-induced climate change, owe a ?climate debt? to poor countries. Critics of this argument have claimed that it is incoherent or morally objectionable. In this essay we clarify the concept of climate debt and assess its value for conceptualizing responsibilities associated with global climate change and for guiding international climate negotiations. We conclude that the idea of a (...)
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  • Colonialism Is Per Se Wrong Only If Colonialism Is Not Per Se Wrong: Supersession and the Bourgeois Predicament.Daniel Weltman - 2024 - Public Affairs Quarterly 38 (3):239-266.
    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 (...)
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  • Reparations for the future.Leif Wenar - 2006 - Journal of Social Philosophy 37 (3):396–405.
    All of these claims for reparations have mobilized popular support, and all share a degree of intuitive plausibility. The challenge to the theorist is to judge whether and which of such demands are grounded in sound principles of political normativity, so as to be able to select out the valid claims and to measure how the urgency of these claims compares with other demands on the public agenda. The most basic question for those considering the justifications of reparations is how (...)
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  • Historical injustice and reparation: Justifying claims of descendants.Janna Thompson - 2001 - Ethics 112 (1):114-135.
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  • Defining the demos.Ben Saunders - 2012 - Politics, Philosophy and Economics 11 (3):280-301.
    Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...)
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  • Reparations and Egalitarianism.Megan Blomfield - 2021 - Ethical Theory and Moral Practice 24 (5):1177-1195.
    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 (...)
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  • Supersession, Reparations, and Restitution.Caleb Harrison - 2021 - Journal of Ethics and Social Philosophy 19 (2).
    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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  • Authority without identity: defending advance directives via posthumous rights over one’s body.Govind Persad - 2019 - Journal of Medical Ethics 45 (4):249-256.
    This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...)
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  • The Ethics of Cultural Heritage.Erich Hatala Matthes - 2018 - Stanford Encyclopedia of Philosophy.
    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 (...)
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  • Restorative justice and reparations.Margaret Urban Walker - 2006 - Journal of Social Philosophy 37 (3):377–395.
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  • Harm and Discrimination.Katharina Berndt Rasmussen - 2018 - Ethical Theory and Moral Practice 22 (4):873-891.
    Many legal, social, and medical theorists and practitioners, as well as lay people, seem to be concerned with the harmfulness of discriminative practices. However, the philosophical literature on the moral wrongness of discrimination, with a few exceptions, does not focus on harm. In this paper, I examine, and improve, a recent account of wrongful discrimination, which divides into a definition of group discrimination, and a characterisation of its moral wrong-making feature in terms of harm. The resulting account analyses the wrongness (...)
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  • Responding to historical injustices: Collective inheritance and the moral irrelevance of group identity.Santiago Truccone-Borgogno - 2022 - European Journal of Political Theory 23 (I):65-84.
    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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  • Superseding historical injustice? New critical assessments.Lukas H. Meyer & Timothy Waligore - 2022 - Critical Review of International Social and Political Philosophy 25 (3):319-330.
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  • The problem of past emissions and intergenerational debts.Göran Duus-Otterström - 2014 - Critical Review of International Social and Political Philosophy 17 (4):448-469.
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  • Why indigenous land rights have not been superseded – a critical application of Waldron’s theory of supersession.Kerstin Reibold - 2022 - Critical Review of International Social and Political Philosophy 25 (4):480-495.
    Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to unbundle property rights into (...)
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  • History And Persons.Guy Kahane - 2017 - Philosophy and Phenomenological Research 99 (1):162-187.
    The non-identity problem is usually considered in the forward-looking direction but a version of it also applies to the past, due to the fact that even minor historical changes would have affected the whole subsequent sequence of births, dramatically changing who comes to exist next. This simple point is routinely overlooked by familiar attitudes and evaluative judgments about the past, even those of sophisticated historians. I shall argue, however, that it means that when we feel sadness about some historical tragedy, (...)
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  • Can Two Opposing Narratives Be Equally Valid? Reflections on Zreik’s Reflections on the War in Gaza.David Heyd - 2024 - Analyse & Kritik 46 (2):319-341.
    The article critically examines the arguments of Raef Zreik regarding the 2023 war in Gaza. It first analyzes the use of the concept of narrative in defending political causes and actions. It shows that due to their subjective nature two opposing narratives can be equally valid as long as they satisfy conditions of internal coherence and fidelity to the facts. It then shows that Zreik’s argument of ‘fragmentation’ is double edged and cannot be used for laying full responsibility on Israel. (...)
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  • Giving the dead their due.Michael Ridge - 2003 - Ethics 114 (1):38-59.
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  • At the Bar of Conscience: A Kantian Argument for Slavery Reparations.Jason R. Fisette - 2022 - Philosophy and Social Criticism 48 (5):674-702.
    Arguments for slavery reparations have fallen out of favor even as reparations for other forms of racial injustice are taken more seriously. This retreat is unsurprising, as arguments for slavery reparations often rely on two normatively irregular claims: that reparations are owed to the dead (as opposed to, say, their living heirs), and that the present generation inherits an as yet unrequited guilt from past generations. Outside of some strands of Black thought and activism on slavery reparations, these claims are (...)
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  • Democratic Authority and the Boundary Problem.A. John Simmons - 2013 - Ratio Juris 26 (3):326-357.
    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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  • Groups as intergenerational agents: Responsibility through time and change.Janna Thompson - 2022 - Journal of Social Philosophy 53 (1):8-20.
    Journal of Social Philosophy, Volume 53, Issue 1, Page 8-20, Spring 2022.
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  • Settlement, expulsion, and return.Anna Stilz - 2017 - Politics, Philosophy and Economics 16 (4):351-374.
    This article discusses two normative questions raised by cases of colonial settlement. First, is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what conditions? Second, should settler countries ever take steps to undo wrongful settlement, by enforcing repatriation and return? The article argues that it is wrong to settle in another country in cases where one comes with intent to colonize the population against their will, or one possesses an adequate territorial base somewhere (...)
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  • Cosmopolitan right, indigenous peoples, and the risks of cultural interaction.Timothy Waligore - 2009 - Public Reason 1 (1):27-56.
    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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  • Supersession and compensation for historical injustice.Lukas H. Meyer & Timothy Waligore - forthcoming - Critical Review of International Social and Political Philosophy.
    This article examines the relationship between Jeremy Waldron’s supersession thesis and compensation. Recently, Waldron has argued that claims for material compensation for the original injustice cannot be superseded. He limits supersession to issues of restitution. Waldron’s supersession thesis is frequently cited by opponents of claims based on historical injustice, so his view of compensation warrants close examination. In our article, we explain the details of Waldron’s ‘simple model’ of compensation, offer an internal critique of it, and try to sympathetically reconstruct (...)
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  • The Problem of Historical Rectification for Rawlsian Theory.Juan Espindola & Moises Vaca - 2014 - Res Publica 20 (3):227-243.
    In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in leaving (...)
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  • Robin Hood Justice: Why Robin Hood Took from the Rich and Gave to the Poor (and We Should Too).Jeppe von Platz - 2016 - Public Affairs Quarterly 3 (2).
    The legend of Robin Hood exemplifies a distinct concern of justice neglected by theorists: the distributive results of systemic injustices. Robin Hood’s redistributive activities are justified by the principle that the distributive results of systemic injustices are unjust and should be corrected. This principle has relevance beyond the legend: since current inequalities in the US are results of systemic injustices, the US has good reason to take from the rich and give to the poor.
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  • From Historical to Enduring Injustice.Jeff Spinner-Halev - 2007 - Political Theory 35 (5):574-597.
    Advocates of remedying historical injustices urge political communities to take responsibility for their past, but their arguments are ambiguous about whether all past injustices need remedy, or just those regarding groups that suffer from current injustice. This ambiguity leaves unanswered the challenge of critics who argue that contemporary injustices matter, not those in the past. I argue instead for a focus on injustices that have roots in the past, and continue to the present day, what I call enduring injustice. Instead (...)
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  • The apology paradox.Janna Thompson - 2000 - Philosophical Quarterly 50 (201):470-475.
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  • (1 other version)New territorial rights for sinking island states.Kim Angell - 2017 - European Journal of Political Theory 20 (1):95-115.
    Anthropogenic climate change is an existential threat to the people of sinking island states. When their territories inevitably disappear, what, if anything, do the world's remaining territorial st...
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  • Property and Ownership.Jeremy Waldron - 2004 - Stanford Encyclopedia of Philosophy.
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  • Colonial Slave Trade and Slavery and Structural Racial Injustice in France: Using Iris Young’s Social Connection Model of Responsibility.Magali Bessone - 2019 - Critical Horizons 20 (2):161-177.
    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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  • A path to repair of the past.Susan Stark - 2024 - Journal of Social Philosophy 55 (4):673-687.
    Journal of Social Philosophy, EarlyView.
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  • Indigenous governance now: settler colonial injustice is not historically past.Esme G. Murdock - 2022 - Critical Review of International Social and Political Philosophy 25 (3):411-426.
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