Exploring the global politics of restitution from 1945 Germany to present-day Bosnia.

Injustices of the past cast a shadow on the present. They are the root cause of much harm, the source of enmity, and increasingly in recent times, the focus of demands for reparation. In this groundbreaking philosophical investigation, Janna Thompson examines the problems raised by reparative demands and puts forward a theory of reparation for historical injustices. The book argues that the problems posed by historical injustices are best resolved by a reconciliatory view of reparative justice and an approach that (...) explains how people acquire intergenerational responsibilities and entitlements. It ranges in its subject matter from the claims of indigenous people to land stolen from their ancestors to the growing movement for reparations for slavery. The book provides an original and convincing answer to the questions of how citizens can have reparative responsibilities for wrongs committed before they were born, and why descendants of victims may be entitled to compensation for historical injustices such as slavery. It also explains how members of nations can make recompense for injustices of the past without ignoring the inequities of the present.Taking Responsibility for the Past is a significant contribution to philosophical and legal debates about reparative justice, and at the same time an accessible and thought-provoking book for general readers. (shrink)

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)

Fricker shows that virtue epistemology provides a general epistemological idiom in which these issues can be forcefully discussed.

Offering the most comprehensive book-length study to-date of reparation programs, this handbook contains an innovative blend of case-study analysis, thematic papers, and national legislation documents from leading scholars and practitioners. This landmark work will make a genuine contribution to the theory and practice of reparations.

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 (...) two kinds where a social practice systematically fails to embody an acceptable system of entitlements. In deliberation about what is required to repair a historical injustice the weight of backward- and forward-looking considerations is a function of the distinctive features of the injustice in question. Hence, the first step in adjudicating claims for reparation is to identify what kind of wrong the claim arises from. From the taxonomy of wrongs we are thus able to construct what we call the Field of Reparative Justice, which illustrates how the structure of deliberation for reparative justice tracks the distinctive features of different kinds of wrongs. (shrink)

White supremacy is the unnamed political system that has made the modern world what it is today. You will not find this term in introductory, or even advanced, texts in political theory. A standard undergraduate philosophy course will start off with plato and Aristotle, perhaps say something about Augustine, Aquinas, and Machiavelli, move on to Hobbes, Locke, Mill, and Marx, and then wind up with Rawls and Nozick. It will introduce you to notions of aristocracy, democracy, absolutism, liberalism, representative government, (...) socialism, welfare capitalism, andlibertarianism. But though it covers more than two thousand years of Western political thought and runs the ostensible gamut of political systems, there will be no mention of the basic political system that has shaped the world for the past several hundred years. And this omission is not accidental. Rather, it reflects the fact that standard textbooks and courses have for the most part been written and designed by whites, who take their racial privilege so much for granted that they do not even see it as political, as a form of domination. Ironically, the most important political system of recent global history-the system of domination by which white people have historically ruled over and, in certain important ways, continue to rule over nonwhite people-is not seen as a political system at all. It is just taken for granted; it is the background against which other systems, which we are to see as political are highlighted. This book is an attempt to redirect your vision, to make you see what, in a sense, has been there all along. (shrink)

Nearly everyone has wronged another. Who among us has not longed to be forgiven? Who has not struggled to forgive? Charles Griswold has written the first comprehensive philosophical book on forgiveness in both its interpersonal and political contexts, as well as its relation to reconciliation. Having examined the place of forgiveness in ancient philosophy and in modern thought, he discusses what forgiveness is, what conditions the parties to it must meet, its relation to revenge and hatred, when it is permissible (...) and whether it is obligatory, and why it is a virtue. Griswold argues that forgiveness is inappropriate in politics, and analyzes the nature and limits of political apology with reference to historical examples. The book concludes with an examination of the relation between memory, narrative, and truth. (shrink)

Moral Repair examines the ethics and moral psychology of responses to wrongdoing. Explaining the emotional bonds and normative expectations that keep human beings responsive to moral standards and responsible to each other, Margaret Urban Walker uses realistic examples of both personal betrayal and political violence to analyze how moral bonds are damaged by serious wrongs and what must be done to repair the damage. Focusing on victims of wrong, their right to validation, and their sense of justice, Walker presents a (...) unified and detailed philosophical account of hope, trust, resentment, forgiveness, and making amends - the emotions and practices that sustain moral relations. Moral Repair joins a multidisciplinary literature concerned with transitional and restorative justice, reparations, and restoring individual dignity and mutual trust in the wake of serious wrongs. (shrink)

Most current talk of forgiveness and reconciliation in the aftermath of collective violence proceeds from an assumption that forgiveness is always superior to resentment and refusal to forgive. Victims who demonstrate a willingness to forgive are often celebrated as virtuous moral models, while those who refuse to forgive are frequently seen as suffering from a pathology. Resentment is viewed as a negative state, held by victims who are not "ready" or "capable" of forgiving and healing. Resentment's Virtue offers a new, (...) more nuanced view. Building on the writings of Holocaust survivor Jean Améry and the work of the South African Truth and Reconciliation Commission, Thomas Brudholm argues that the preservation of resentment can be the reflex of a moral protest that might be as permissible, humane or honorable as the willingness to forgive. Taking into account the experiences of victims, the findings of truth commissions, and studies of mass atrocities, Brudholm seeks to enrich the philosophical understanding of resentment. (shrink)

This paper assesses recent trends in international law regarding the availability and character of reparations. Presently, reparations issues have arisen particularly in domestic societies searching for transitional justice in the aftermath of authoritarian rule. These issues are shaped by national legal systems, but are also influenced by international practice. In these transitional settings, the search for justice is affected by political preoccupations such as the persistent influence of displaced prior authoritarian leadership as well as by real and alleged limitations on (...) the financial capabilities of transitional states. No general approach can address the interplay between national and international law at this stage. Reliance must be placed on a case by case approach, considering matters of context such as the degree of suffering and disability inflicted on particular categories of claimants, the balance of claims versus the State’s demands for resources to fund sustainable and equitable development. Remoteness in time bears on the credibility of the claimants as present victims tend to be given priority over victims in the distant past when assessing relative merits. Scale and selectivity suggests that if the total of claims overwhelms the administrative capacity of the state, there will be a tendency to substitute apology and symbolic gestures for material ones, and award reparations based on individual need associated with the prior deprivation. International law informs background moral and political thinking about reparations, but practical considerations of capability and prudence are decisive in most instances, making the influence of international law indirect and sometimes marginal. (shrink)

There has recently been a surge of interest, theoretical and political, in reparations for slavery. This essay takes up several moral-political issues from that intensifying debate: how to conceptualize and justify collective compensation and collective responsibility, and how to establish a plausible connection between past racial injustices and present racial inequalities. It concludes with some brief remarks on one aspect of the very complicated politics of reparations: the possible effects of hearings and trials on the public memory and political culture (...) of a historically racist society. The hope is that these arguments, taken together, draft a coherent case for slavery reparations as pursued by the Reparations Coordinating Committee. (shrink)

The settlement of the North American continent was... a consequence not of any higher claim in a democratic or international sense, but rather of a consciousness of what is right which had its sole roots in the conviction of the superiority and thus of the right of the white race. —Adolf Hitler, 1932.

The post-world war II German-Israeli reparations program is the largest, most comprehensive reparations program ever implemented. Traditionally, reparations were supported by the vanquished and were designed to compensate the victor for the damages caused during the war. The Wiedergutmachung program as it is called in Germany, or Shilumim as Israelis usually prefer to refer to it, innovates in many areas and goes beyond this interstate framework. Jewish leaders participated in the Luxembourg negotiations that led to the signature of the 1952 (...) treaty, and community networks played a crucial role in the distribution of the money to the victims. Civil society groups played an instrumental role in the United States as plans for reparations were being discussed during the war. Neither the Federal Republic of Germany nor Israel existed during the war. Reparations have been paid to the state of Israel and were paid to Jewish Holocaust survivors regardless of their nationality. The FRG benefited politically and economically from this treaty. It was able to enter the international arena and establish diplomatic relations with Israel, whose economy greatly benefited from the money it received. (shrink)

Despite an explosion of studies on memory in historical and cultural studies, there is relatively little in moral philosophy on this subject. In this book, Jeffrey Blustein provides a systematic and philosophically rigorous account of a morality of memory. Drawing on a broad range of philosophical and humanistic literatures, he offers a novel examination of memory and our relations to people and events from our past, the ways in which memory is preserved and transmitted, and the moral responsibilities associated with (...) it. Blustein treats topics of responsibility for one's own past; historical injustice and the role of memory in doing justice to the past; the relationship of collective memory to history and identity; collective and individual obligations to remember those who have died, including those who are dear to us; and the moral significance of bearing witness. (shrink)

Donald Shriver argues that recognition of morally negative events in American history is essential to the health of our society. The failure to acknowledge and repent of these events skews the relations of many Americans to one another and breeds ongoing hostility. Focusing on the wrongs suffered by African Americans and Native Americans, Shriver examines the challenges associated with the call for collective repentance: What can it mean to morally master a past whose victims are dead and whose sufferings cannot (...) be alleviated? What are the measures that lend substance to language and action expressing repentance? In answering these questions Shriver creates a compelling vision of the collective repentance and apology that must precede real progress in relations between the races in this country. (shrink)

The settlement of the North American continent was... a consequence not of any higher claim in a democratic or international sense, but rather of a consciousness of what is right which had its sole roots in the conviction of the superiority and thus of the right of the white race.—Adolf Hitler, 1932.

This paper focuses on the relationship between the individual and the collective dimensions of reparations, highlighting the gaps and confluences between the two by focusing on symbolic reparations. It argues that massive reparations programs leave a disparity between the individual and the collective dimensions of reparations, i.e., between the needs of victims dealing with extreme trauma, and the social and political needs of a transitional society. Through reparations, the victim seeks some sort of reparation, i.e., a psychological state in which (...) they feel adequate amends have been made. However, whether reparation at an individual level has taken place is difficult, if not impossible, to ascertain. The individual and the collective always stand in tension with one another when granting reparations. This dilemma is central to the reparations debate. It is argued that the gap between the micro and macro can be narrowed through a better understanding of the impact of extreme political trauma. Steps can be taken at the social and political level to potentially increase the impact of reparations on individuals as well as the context, process, and discourses surrounding their delivery. (shrink)

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)

I propose a novel account of the essentially expressive nature of reparations. My account is descriptive of new practices of reparations that have emerged in the past half-century, and it provides normative guidance on conditions of success for reparative attempts. My account attributes to reparative attempts a dual expressive function: a communicative function that requires the gesture to carry a vindicatory message to victims; and an exemplifying function that requires the gesture to model the right relationship that was absent or (...) violated in the wrongdoing to which reparations respond. This account is able to explain the breadth and variety of measures now recognized as reparations; how reparative attempts can fail in two distinct ways; and why material compensation is never sufficient and not always necessary to reparations. (shrink)

Compensation for human rights abuse can be approached from two different perspectives. The first is through principles of tort law, under which the compensation of harm for human rights abuse is no different from the compensation of other, ordinary harm. The second is based on principles of administrative compensation, where victims are defined in standardized terms in a statute that provides a relatively fixed, tabulated amount of compensation for all, which is typically smaller than judicial compensation. This paper analyzes the (...) circumstances that justify a shift from the torts to the administrative approach to compensation, and how the two approaches should relate to each other. It addresses the issue of whether victims should have a right to choose between them in the disposition of their cases and, if so, under what conditions. Finally, it compares judicial to administrative compensation in relation to the goals a compensation program must pursue, and argues that even in those cases where administrative compensation offers the best option, it is advisable to leave room for the use of judicial compensation as well. (shrink)