The aftermath of war is always messy and complicated. When should objects or resources that were unjustly taken in wartime be returned to the victims of misappropriation, or their heirs? This article advances two arguments that are intended to buttress claims for the restitution of property in general, and particularly claims advanced by the heirs of the original victims of misappropriation.

Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present.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Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, (...)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 does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance. (shrink)

Our environmental wrongdoings result in a moral debt that requires restitution. One component of restitution is reparative and another is remediative. The remediative component requires that we remediate our characters in ways that alter or eliminate the character traits that tend to lead, in their expression, to environmental wrongdoing. Restitutive restoration is a way of engaging in ecological restoration that helps to meet the remediative requirement that accompanies environmental wrongdoing. This account of restoration provides a new motivation and (...) justification for engaging in restorative practices in addition to the standard pragmatist justification and motivations. (shrink)

The following essay responds to a draft article that criticises the theory of libertarian restitution in “Libertarian Rectification: Restitution, Retribution, and the Risk-Multiplier” (LR). The article was freely available to internet search engines. Hence, it seems fair and useful to reply to these very welcome objective criticisms. It is not intellectually relevant that its author might subsequently and subjectively have thought better of them, possibly as a result of the earlier version of this reply. Generally, the article misconstrues (...) the position on retribution in LR. Eventually, it makes apparent qualifications to its own position such that there does not seem to be any clear theoretical difference between the two on the central disputed issue. LR’s position is to explain and defend only the non-normative theory of libertarian restitution: full restoration or compensation to the damaged (initiatedly imposed on) party. But it is argued that this can include a retributive aspect if that is what the victim prefers. Moreover, such restitution will tend to act as a deterrent that maximises both overall interpersonal liberty (theorised as no initiated imposed costs) and human welfare (theorised as preference satisfaction). (shrink)

Libertarians typically object to having the state deal with law and order for several general reasons: it is inefficient; it is carried out at the expense of taxpayers; and it punishes so-called victimless crimes. Exactly what the observance of liberty implies with respect to the treatment of tortfeasors and criminals is more controversial among libertarians. A pure theory of libertarian restitution and retribution is mainly what is attempted here, without becoming involved in general moral anti-state arguments. However, the pure (...) theory alone will raise practical problems that require immediate response if the theory is to appear at all plausible. (shrink)

Attempting to make clear different theories of cultural ownership, cultural property scholars have divided dominant views into two categories: cultural nationalism and cultural internationalism. Although not discussed in the relevant literature, I claim it is useful to understand these two categories as comprised of the ethical views of deontology and consequentialism. I claim cultural internationalists believe they have good independent reasons against returning problematic cultural heritage like the Parthenon marbles. However, I will demonstrate their arguments are based on consequentialist ethics, (...) and there are just as many consequentialist reasons to return the marbles as there are for them to remain in the British Museum, undermining cultural internationalist arguments against their return. (shrink)

Much of the climate justice discussion revolves around how the remaining carbon budget should be globally allocated. Some authors defend the unjust enrichment interpretation of the beneficiary pays principle (BPP). According to this principle, those states unjustly enriched from historical emissions should pay. I argue that if the BPP is to be constructed along the lines of the unjust enrichment doctrine, countervailing reasons that might be able to block the existence of a duty of restitution should be assessed. One (...) might think that the duty to provide restitution no longer has moral weight if many benefits were already consumed, if the particular benefits obtained from historical emissions cannot be transferred from one country to another, or if present members of developed countries framed their life plans based upon the expectation of continued possession of those benefits. I show that none of these reasons negate the duty to provide restitution. (shrink)

This article discusses the ethical contours of the restitutions debate. It questions the validity of the concept of restitution. Korassi Téwéché argues that the ultimate subject of restitutions is the being of the artist and his rights.

Charles Murray describes himself as a libertarian, most notably in his short book, What it Means to be a Libertarian. He might more accurately have described himself as having libertarian tendencies. My reading of Simple Justice is that the views it espouses are far more traditionalist than libertarian. Neither traditionalist state-retribution nor modernist state-leniency is libertarian. Nor does either provide as just or efficient a response to crime as does libertarian restitution, including restitutive retribution. Here, I shall respond directly (...) only to Murray's views, rather than also deal with state-leniency. This is because I accept Murray's thesis, without endorsing his specific arguments for it, that state-leniency is disastrous as a response to crimes against persons and their justly acquired property. (shrink)

This philosophical meditation on the issue of the restitution of African art objects stolen during colonisation explores new meanings of contemporary aesthetics in Africa: the radical openness of consciousness towards the present, the absolute value of the living over the creations of the mind, the transcendence of intelligence and freedom over History...

In this paper, I argue that poet M. Nourbese Philip's Zong! allows us to radically rethink the possibility of historical restitution and recovery. The formal ideas in Zong!, I argue, imply a metaphysical and ontological revolution in the way memory and mnesic traces are to be conceived. The evidentiary status of the voices and narratives that Zong! retrieves cannot be certified by historical-epistemological conceptions of evidence but rather find their warrant in alternative, ontological (or hauntological) registers.

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the wrongdoing to its rightful (...) owner — then matters are morally more straightforward. But in real-world cases that is often impossible, and questions of ‘how much, from whom and to whom?’ become far more vexing. The beneficiary disgorging all benefits of the wrong is part of the story, but where that is not possible or will not suffice to compensate the victim of wrongdoing we discuss various ways of allocating the cost of making the victim whole, including supplementation from public coffers. (shrink)

This essay presents a systematic reconstruction of the problem of divine providence in Quobna Ottobah Cugoano’s Thoughts and Sentiments on the Evil of Slavery. I argue that reading Thoughts and Sentiments in this frame allows interpreters to take Cugoano at his word without compromising on the religious and political sophistication of his argument. Cugoano, I show, develops an innovative account of providence’s relationship to slavery by engaging both contemporary apologies for slavery and abolitionist arguments for divine retribution. His theory of (...) providence accounts for slavery as a social inequality as well as the difficulty of making restitution for modern slavery. (shrink)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of particular (...) justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

According to Plato's successors, assimilation to god (homoiosis theoi) was the end (telos) of the Platonic system. There is ample evidence to support this claim in dialogues ranging from the Symposium through the Timaeus. However, the Philebus poses a puzzle for this conception of the Platonic telos. On the one hand, Plato states that the gods are beings beyond pleasure while, on the other hand, he argues that the best human life necessarily involves pleasure. In this paper, I argue that (...) the solution to this puzzle lies in the fact that the processes by which we assimilate to god, learning and becoming virtuous, are restitutive and hence pleasant. Thus, the reason why the best human life necessarily involves pleasure is that we can never become fully divine and perfect, but must constantly strive to become like the divine, through pleasureful restitutive processes. In this paper, I also provide a close examination and taxonomy of the different models that Plato presents throughout his corpus of assimilation to god. -/- Note: "Fleeing the Divine" (Philebus: Selected Papers from the VIII Symposium Platonicum) is an earlier, shorter version of this paper. (shrink)

Celebrated as the equal to the great philosophers of old, namely Plato and Aristotle, whom – as Cassiodorus put it – he taught to speak Latin better than they spoke Greek, Boethius aspired to fully emancipate Roman culture from its Greek models through translations and exegesis so faithful they would leave nothing more to be desired from the original. The essay focuses on Boethius philhellenism, without complexes insofar as it had little to do either with the mixed feelings of his (...) Roman predecessors or with the plundering agenda of his Christian contemporaries. Special attention is paid to the close relationship Boethius established between word for word translations and multi-layered commentaries which he thought of and – albeit partially – carried out as part of the same scholarly endeavour. Devoid of literary pretentions as well as free from aspirations to autonomy, Boethius literal rendering and scrupulous interpretation were meant to be completely self-sufficient. Together they stand out as both the most innovative and the most conservative features of his ambitious cultural project. -/- Célébré comme l’égal des grands philosophes du passé, auxquels il aurait appris à parler Latin mieux qu’ils ne parlaient Grec, Boèce a caressé le rêve d’une émancipation radicale de la culture romaine vis-à-vis des modèles grecs qu’il se proposait de traduire et interpréter assez fidèlement pour que la comparaison avec les sources ne soit plus nécessaire. De son effort de livrer un Aristote et un Platon latins à la hauteur des originaux grecs, nous étudions l’étroite solidarité qui relie la traduction mot-à-mot des textes grecs et la restitution scrupuleuse de leur sens. Cette double tâche, que Boèce a conçue et menée d’un seul tenant, nous est dès lors apparue comme le reflet d’un philhellénisme sans complexes, tout aussi éloigné des sentiments ambivalents que nourrissaient vis-à-vis des hellènes ses devanciers romains que des efforts visant à domestiquer l’héritage classique auxquels se livraient certains de ses contemporains de même confession que lui. Affranchis de tout rêve d’autonomie, les traductions et les commentaires de Boèce se conçoivent comme parfaitement autosuffisants. Ensemble ils constituent ce qu’il y a à la fois de franchement novateur et de profondément conservateur dans son projet de faire parler Latin les sources grecques. (shrink)

The article analyses the history of the Einfühlung concept. Theories of ‘feeling into’ Nature, works of art or feelings and behaviours of other persons by German philosophers of the second half of the nineteenth century Robert and Friedrich Vischer and Theodor Lipps are evoked, as well as similar theory of understanding (Verstehen) by Wilhelm Dilthey and Friedrich Schleiermacher, to which Dilthey refers. The meaning of the term Einfühlung within Edith Stein’s thought is also analysed. Both Einfühlung and Verstehen were criticized (...) as non-objective and naive methods consisting only in the identification of the subject with the object or the projection of feelings onto the object. The article refers to criticism by Georg Gadamer and Bertolt Brecht and proposes ways to restitute the concept of Einfühlung after this criticism, recalling the theory of empathy by Dominick Lacapra, in terms of its advantages for the historical enquiry, or the myth of Narcissus analyzed in the spirit of psychoanalysis by Julia Kristeva. The article proposes a reformulation of the concept of mimesis, connected to the Einfühlung, understood as the identification, analogy, imitation of feelings (as it was described by Lipss and Vischer). Mimesis does not necessarily mean a passive repetition and reconstruction of the feelings of the object, but serves only as a starting point for the interest of the subject for the outside world or for experiences of historical protagonists. Then there is no identification or projection of feelings, but the creative, active and critical reformulation of knowledge. It is stated that empathy is not a passive, uncritical process, but that it deals with the critical choice of the object of empathy and with an active approach to the perceived feelings and appearances. In addition to this cognitive aspect, empathy may also contribute to the analytical and valuable introspection. Furthermore empathy allows us to connect the analysis of the facts with a personal narrative and understanding of individual identity in historical knowledge. (shrink)

The article examines the collaborations between the pensionnaires of the Villa Medici in Rome and the members of the French School of Athens, shedding light on the complex relationships between architecture, art, and archeology. The second half of the 19th century was a period during which the exchanges and collaborations between archaeologists, artists, and architects acquired a reinvented role and a dominant place. Within such a context, Athens was the place par excellence, where the encounter between these three disciplines took (...) place. The main objective of the article is to render explicit how the revelations of archeology, actively disseminated by the members of the French School of Athens—the “Athéniens”—had an important impact on the approach of certain pensionnaires of the Villa Medici in Rome. Particular emphasis is placed on certain pensionnaires, who decided to devote their envois to ancient monuments of Greece. In parallel, the article intends to shed light on the methods that helped the pensionnaires-architects of the Villa Medici in Rome appropriate archaeological discoveries concerning Greek antiquities. The article takes, as a starting point, the following hypothesis: to better understand the figure of the architect-archaeologist, of whom Jacques Ignace Hittorff is an emblematic example, it is pivotal to bear in mind that before the second half of the 19th century neither the figure of Hellenic archeology nor the figure of the architect had yet acquired their autonomy. Taking into account that Johann Joachim Winckelmann, in the middle of the 18th century, forged an ideal Greek model, which was criticized during the second half of the 19th century, the article also sheds light on the fact that the revelations of archaeologists have called into question the Winckelmannian image of Greece. Another aspect that is explored in the article is Jacques Ignace Hittorff’s studies concerning the polychromy of ancient Greek monuments, paying special attention to his Restitution du temple d’Empédocle à Sélinonte ou l’Architecture polychrome chez les Grecs. The article also explores how the shifts of the status of philhellenism are related to the mutations of the meaning of travel to Greece. In parallel, it investigates the impact of Greek independence on the ideals of beauty and nature in arts, as well as how Greek independence is related to the intensification of the interest in the excavations of Greek antiquities. (shrink)

This book is a personal answer to the crisis of the left. The author of this text belongs to a generation habituated to live with global explanations. During our youth, the future of the world was the future of democracy and socialism. We belong to a generation of “leftist” that found in Marx and Freud, phenomenology and structuralism the most important answers that made sense of the everyday world. However, the developments of events during the last sixty years showed that (...) our confidence was ungrounded. The depreciation of the theoretical thought accelerated in direct proportion to the development of technologies, and among them the impact of the digital developments was devastating. One of the most notable consequences of the digitalization of culture was the depreciation of the Marxian thought, but also the less recognized depreciation of all kinds of political-economic thought. The collapse of the world created before the Second World War open for the end of the “grand narratives” and the enthronization of Postmodernism. The production of fragmentary explanations took over the historical perspective with an important influence on social and economic thought. After 60 years of postmodern thinking, we believe that the time of Postmodernism is over. Politicians and economists over the world cannot continue to produce results in small packages. The whole picture must be restituted. Of course it must be done incorporating the lessons of the past to avoid to make the same mistakes. Postmodernism has left behind lots of scattered modernist philosophical remnants. It left a chessboard with only few pieces to work with, and in this allegory, only as references. The philosophical schools remains, but the study of them is strictly for an education in the history of ideas. The situation is aggravating since the most important works from the 1960’s and forth, (post-structuralists) deliberately have avoided obvious identity patterns. A word in Rio de la Plata’s jargon language describes this situation, cambalache, a sort of “flea market” where everything lies higgledy-piggledy. Deconstruction and the focus on differences are vital to Postmodernism. Remaining is therefore the intersections, the contrasts, shadows, and sketches. When trying to orient in such an intellectual environment, the task reminds of patching scatterings, and building with tools of eclecticism. However, we believe that is time to reconstruct instead of deconstruct, moving back to Modernism that we will describe as Cyborgism. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

This dissertation asks the question of how ownership over property in museums is decided. It concludes that for a range of candidate concepts of property, none of them oblige museums to repatriate artefacts unless we weaken Young’s theory to repatriate through how much artefacts are valued by a culture. However, this dissertation rejects the Ownership Argument as a defence for repatriation. To do this, it will be considering three options of how we understand ‘property’ through three scholars: Locke, Young and (...) Thompson. This dissertation will discuss the difference between cultural internationalism and cultural nationalism to flip the question, and attempt to defend a view that museums should retain the artefacts under their possession. To do this dissertation justice, this work has been interdisciplinary, exploring museums, law, applied philosophy, applied ethics, epistemic and metaphysical concepts, to discuss the ways in which repatriation is defended through property. It must be noted that property theories are in vast abundance, however, to keep the project manageable, it does not include prominent philosophers such as Nozick, Hobbes, and Rosseau. Although, given that the three concepts this dissertation discusses do not work, it seems unlikely that a different version would due to similar objections. (shrink)

The debate concerning the legitimacy of awarding reparations for historical injustices focuses on the issue of finding a proper moral justification for granting reparations to the descendants of the victims of injustices which took place in the remote past. Regarding the case of Romanian communism as a more recent injustice, and analyzing the moral problems entailed by this historical lapse, within this paper I argue that overcoming such a legacy cannot be carried out, as in the case of historical injustices (...) situated more remotely in time, through the means of selective reparations, such as restitutions or compensations. For, even though they are justified from the perspective of rectificatory justice, selective reparations do not fulfill the requirements of social justice. Rather, I argue that the fall of the Romanian communist regime should have been followed by an equal distribution of all properties illegitimately seized by the state, to all adult Romanian citizens at that time, in order to attain the imperative of equal distribution of property among all citizens. The equal distribution thesis is the only way through which the Romanian society could have complied, at that moment of political and social renewal, with the requirements of justice. I also aim at explaining why other principles of justice, which either have or could have been implemented, cannot be properly justified. Finally, I analyze two main objections which could be invoked against my thesis, namely the economic efficiency objection and the legal realist objection. (shrink)

Note: "Next to Godliness" (Apeiron) is an expanded version of this paper. -/- According to Plato's successors, assimilation to god (homoiosis theoi) was the end (telos) of the Platonic system. There is ample evidence to support this claim in dialogues ranging from the Symposium through the Timaeus. However, the Philebus poses a puzzle for this conception of the Platonic telos. On the one hand, Plato states that the gods are beings beyond pleasure while, on the other hand, he argues that (...) the best human life necessarily involves pleasure. In this paper, I argue that the solution to this puzzle lies in the fact that the processes by which we assimilate to god, learning and becoming virtuous, are restitutive and hence pleasant. Thus, the reason why the best human life necessarily involves pleasure is that we can never become fully divine and perfect, but must constantly strive to become like the divine, through pleasureful restitutive processes. In this paper, I also provide a close examination and taxonomy of the different models that Plato presents throughout his corpus of assimilation to god. (shrink)

My response to Paul C. Taylor’s “Black Reconstruction in Aesthetics” follows his example in engaging different disciplinary and thematic contexts. I start with an account of a scene in the 2018 movie Black Panther and explore its relevance to recent discussions about the restitution of African art objects. I then attend to some productive similarities between Taylor’s intervention into contemporary aesthetics and a prominent argument in favour of restitution. I finish by suggesting that the reconstruction Taylor calls for (...) can be achieved only if philosophers resocialize along a renewed commitment to engage Black aesthetics and Black lives in all their richness and importance. (shrink)

Mkhwanazi (2017) has argued that Consciencism is an “expression of ubuntu” and that it “represents the essential elements of ubuntu”. Both Consciencism and ubuntu, according to him, are engaged with the re-humanization of African society for they both advocate for the restitution of humanist and egalitarian principles found in traditional African societies. In this paper, we argue that while Consciencism and ubuntu share common principles, the one cannot be understood as an expression or representation of the other. Rather, the (...) principles they share should be understood as emanating from, and animated by, a primary source: traditional African communalism. This primary source is a true reflection and evidence of the commonality of the philosophical underpinnings of African thought – Consciencism, rooted in Akan (Ghanaian) thought and practices, and ubuntu, which is rooted in the thought and practices of peoples of Southern Africa. We highlight the significant differences between Consciencism as a philosophical system and ubuntu as an ethic or worldview of practical action, and in particular, their responses to the issue of justice. We submit that Consciencism can embrace the ethic of ubuntu in its harmonization of the conflicting heritages of African society; and that ubuntu can evolve into a system of thought by taking a cue from the systematicity and coherence of the philosophical anchoring of Consciencism. (shrink)

In this article, I seek to explore Hip Hop as an expression of marronage. I identify marronage as an existential mode of being which restitutes human temporality. Slavery and flight from slavery constituted two inextricable historical processes, therefore logics of marronage must also constitute contemporary human experience. I argue that Hip Hop offers a distinct way of affirming and expressing one’s existence through what has been called a “maroon consciousness.” In the same way that maroons created new worlds free from (...) the tyranny of slavery, Hip Hop offers the Hip Hoppa a space free from colonial logics. (shrink)

The scope of the sexual abuse of minors’ crises within the Catholic Church examined in conjunction with the purpose of temporal goods, the responsibility of the episcopate, the meaning of good stewardship, the faithful’s obligation to financially support the church, and compensation to alleged victims and their attorneys presents a realistic quandary for the Christifideles. -/- Should the Church replete with its perceived “deep pockets” be “selling off” temporal goods to remunerate lawsuits, which in some situations far exceed those of (...) other “institutions?” Should there be limits? Moreover, one ought to also contemplate whether there is a difference in the “handling” or disposition of sexual abuse cases involving minors when the competent authority has knowingly increased the risk of financial liability to the faithful. What should happen? This brief analysis seeks to examine the above questions as they apply to dioceses in the U.S. and its territories. Inquiry concerning canon 1254, inter alia in the 1983 Code of Canon Law may allow insight vis-à-vis the connotation of “temporal goods,” their application, and relevancy to restitution regarding the sexual abuse of minors. -/- . (shrink)

The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to be (...) lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. (shrink)

If for Caputo the universality of desire as self-appropriation and the singularity of the gift as desire-beyond-desire depend on and interweave with each other, they nevertheless do so as the communication between discrete and separable moments, that of the `sensible, rational circle of time' and the `exceeding and surpassing of ourselves'. The subject for Caputo seems to function as the temporary self-identity of construct. It is the "desire for restitution, fulfillment, reappropriation, well being". This agent-subject "always intends to act (...) for its own good". He says without this willing well-being "the subject/agent would never do a thing, nothing would happen or eventuate". Caputo's equating of the subject with a moment of re-appropriation ( he says `making an exhibit of ourselves', but can we make an exhibit of ourselves without unintentionally exiting from ourselves?) exemplifies the attempt to retain a remnant of a structuralist center as only the instant of contingency itself. In so doing, Caputo reifies what Derrida puts into question. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

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 (...) carbon budget, changing circumstances could result in rights-supersession. Consequently, members of future generations of industrialized countries may be allowed to use part of the share of the carbon budget belonging to developing countries. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to be (...) lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. (shrink)