This paper seeks to articulate a conception of justice in reparations for victims of human rights violations when the aim is to repair a large number of cases, as opposed to individual, isolated cases. It starts with an effort to establish some semantic clarity by trying to distinguish between two different contexts for the use of the term “reparations”. It discusses some of the problems with merely transplanting the ideal of compensation in proportion to harm from its natural home in (...) the resolution of individual judicial cases, and using it as a standard of justice for massive reparations programs. Instead, it argues in favor of thinking about justice in the context of massive cases in terms of the achievement of three goals, namely, recognition, civic trust, and social solidarity — three goals that are intimately related to justice. Finally, it tries to shed light on the basic trade-offs that accompany some of the choices that have to be made in the process of constructing a comprehensive and coherent reparations program. (shrink)

Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you? There are many good reasons for requiring me to return to you what (...) I have taken. One is that while you may have no right in justice to all that you own, it does not follow that I do, or that I have a right to take it. Thus, requiring me to return the property to you is a way of recognizing that I had no right to take it from you in the first place. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

In this paper I will argue that contemporary non-Aboriginal Australians can collectively be held responsible for past injustices committed against the Aboriginal peoples of this land. An examination of the role played by history in determining the nature of the present reveals both the temporal extension of the Australian community that confronts the question of responsibility for historical injustice and the ways in which we continue to participate in those same injustices. Because existing injustices suffered by indigenous Australians are essentially (...) continuous with the racist history of the invasion of the Australian continent and dispossession of the Australian Aboriginal peoples, we may be held responsible for the wrongs committed in the course of that history. (shrink)

D. N. MacCormick; XI*—The Obligation of Reparation, Proceedings of the Aristotelian Society, Volume 78, Issue 1, 1 June 1978, Pages 175–194, https://doi.org/10.

D. N. MacCormick; XI*—The Obligation of Reparation, Proceedings of the Aristotelian Society, Volume 78, Issue 1, 1 June 1978, Pages 175–194, https://doi.org/10.