This paper provide the first extended discussion in the philosophical literature of the epistemic significance of the phenomenon of “being known” and the relationship it has to reparations that are distinctively epistemic. Drawing on a framework provided by the United Nations of the “right to know,” it is argued that victims of gross violations and injustices not only have the right to know what happened, but also the right to be known—to be a giver of knowledge to others about their (...) own experiences. It is shown that such victims can suffer epistemic wrongs by being rendered invisible, vilified or demonized, or systematically distorted, and that these ways of not being known demand epistemic reparations. While there are traditional reparations that are epistemic in nature, such as memorialization and education, it is argued that there is a prior and arguably more important epistemic reparation—knowing victims of gross violations and injustices in the sense of bearing witness. The paper concludes with a sketch of an epistemological picture to underwrite this notion of epistemic reparations, one that significantly expands the traditional picture by including epistemic duties that are imperfect in nature and concern actions in addition to beliefs. (shrink)

An analysis of the case for reparations for American chattel slavery.

This chapter examines two basic philosophical challenges for the idea of reparations for past injustices (using colonialism as the focal point). The first challenge is that requiring people today to make reparations for an injustice they themselves did not commit is unfair. The second is that if reparative claims are invoked because of lingering injustices, then recalling the past is in fact normatively redundant if lingering present injustices can be handled by forward-looking principles. In response to the first challenge, I (...) argue that the unfairness worry is deflected if we adopt a collectivist-model of responsibility, ie, one that holds states instead of individuals to be the responsible actor. Against the redundancy objection, I suggest that reparative arguments can supplement and reinforce forward-looking distributive principles. (shrink)

This essay argues that reparations for wrongs by one's ancestors can be justified. Differential benefits to those descended from victims of one's ancestors is discrimination which can be justified by one's right to be partial to one's ancestors, doing what they, with clearer thinking, would have done--namely compensating their victims. So, while there is no obligation to discriminate, one has a right to, in virtue of one's partiality towards one's ancestors.

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)

Drawing on the work of Charles W. Mills and considering the case of reparations to Black Americans, this article defends the “structural turn” in the philosophical reparations scholarship. In the Black American context, the structural turn highlights the structural and institutional operations of a White supremacist political system and a long chronology of state-sponsored injustice, as opposed to enslavement as a standalone historical episode. Here, the question whether distributive justice is more appropriate than reparative justice is particularly pressing, since structural (...) racial inequalities form part of the basis for reparations. Derrick Darby’s pragmatic argument for non-race-specific redistributive policies and Tommie Shelby’s principled defense of distributive justice are both considered, as well as the challenge to the structural turn that comes from Carlton Waterhouse’s argument for reparations for enslavement rather than “legacy of slavery” reparations. (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)

After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...) a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process. (shrink)

The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety of (...) historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

The thesis of this essay is that equal opportunity (EO) "strictly dominates" (in the game-theoretic sense) reparations. That is, (1) all the ways reparations would make our world more just would also be achieved under EO; (2) EO would make our world more just in ways reparations cannot; and (3) reparations would create injustices which EO would avoid. Further, (4) EO has important practical advantages over reparations. These include economic efficiency, feasibility, and long-term impact. Supporters of reparations should abandon that (...) ideal to support equal opportunity instead. (shrink)

This is a genealogical study that traces a “broadly Cartesian” pattern of argumentation: from Augustine’s scriptural semiotic to the “narrowly Cartesian” practice of foundationalism to Charles Peirce’s pragmatic and reparative semiotic. The essay argues (1) that Augustine transformed Stoic logic into a scriptural semiotic; (2) that this semiotic breeds both Cartesian foundationalism and the pragmatic semiotic that repairs it; (3) that Peirce’s semiotic displays the latter. In sum, Augustine’s inquiry risks foundationalism but also breeds a self-corrective “reparative reasoning.” This reasoning (...) is at once scriptural and philosophic. (shrink)

Reconsidering Reparations is a book about global justice. Its central philosophical argument claims that a just world would be one in which everyone enjoys the capabilities that they need to relate to one another as equals; maintains that realising this vision (in the right way) would serve as reparation for the injustices of trans-Atlantic slavery and colonialism; and warns that this project is threatened by the climate crisis...

We identify the ethics of reparations policies as its own distinct field of inquiry, and consider several neglected ethical issues that arise in the process of devising reparations programmes. The problem of political instrumentalization has to do with the fact that reparations can be a way for the governments to bolster their legitimacy rather than achieve justice. The problem of exclusion refers to individuals with seemingly valid claims being turned away. Finally, the problem of inclusion has to do with including (...) would-be claimants who are not mobilized in making a reparations demand, as well as with reconciling competing reparations demands. (shrink)

In the present chapter I try to determine to what extent the public policies adopted by Romanian governments following the fall of the communist regime contributed to alleviating the most egregious past injustice, the Holocaust. The measures taken for memorializing the Holocaust will be analysed through the lens of a mixed reparatory justice – relational egalitarian account. Employing such a framework entails a focus on symbolic reparations, meant to promote civic trust, social solidarity, and encourage the restoration of social and (...) cultural capital in societies affected by historical injustices. Such symbolic reparations can include public atonement, changing street names, establishing memorials, funding museums, including Holocaust study in the national curriculum, setting national days for the commemoration of the Holocaust, etc. The need for symbolic reparation has become increasingly clearer in the literature on Holocaust memorialization, and the present paper intends to go a step further, by providing researchers with a theoretical approach that can be used to make better sense of the effects of measures taken as part of the process of Holocaust remembrance. In the chapter I also address the issue of determining who the duty-bearers should be. I argue that there could be several indicators for reparatory justice, including in this case compensation programs and the establishment of institutions that would allow dialogue between descendants of the victims and descendants of the perpetrators, a sine qua non condition for restoring social trust in communities marked by violations of human rights, especially of such a scale as the Holocaust. (shrink)

This article addresses the question of whether present day individuals can inherit rights to compensation from their ancestors. It argues that contemporary writing on compensatory justice in general, and on the inheritability of rights to compensation in particular, has mischaracterized what is at stake in contexts where those responsible for wrongdoing continually refuse to make reparation for their unjust actions, and has subsequently misunderstood how later generations can advance claims rooted in the past mistreatment of their forebears. In particular, (...) a full consideration of the wrongful character of non-rectification needs to take account of the multiplicity of temporal points at which compensation could have been, but was not, paid, each with potentially significant consequences for the victims of injustice. This has relevance for what is owed to those who have been wrongfully denied compensation for wrongs that caused them direct harm, and can be extended to others, such as their direct heirs, who are likewise affected by non-rectification. This opens the door to the endorsement of potentially extensive contemporary claims on behalf of the heirs of victims of wrongdoing. (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)

A brief review of Janna Thompson's *Should Current Generations Make Reparation for Slavery?* (2018, Polity Press).

In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and policing regime in (...) terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing, pervasive structural inequality, and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition. (shrink)

Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...) retained the claim of inheritance given the loss of wealth and disinheritance that often characterizes families. There are also problems in determining the amount of inheritance. This is in part because of the problems of calculating in the effects of offsets, especially crime-related offsets, which are owed by a significant portion of the descendants. Even if this inheritance claim can be established with sufficient confidence certain entities may not be asked to pay it. The federal government does not owe compensation since as a historical matter it permitted but did not cause enslavement. The beneficiaries of slavery do not owe compensation since merely receiving the benefit of an unjust activity does not by itself generate a debt of compensation. When combined these problems constitute an overwhelming case against reparations. (shrink)

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 (...) a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

Seunghyun Song’s recent article on epistemic repair for Japan’s military sex slavery lays out the case for considering acknowledgment as a form of reparative justice particularly suited to redressing epistemic wrongs. I agree with Song, but press her on the relationship between epistemic repair and reparative justice more generally. I also outline other forms that backward-looking epistemic responsibility might take. Distinguishing between revisionism and denialism, I ask: Should individual agents who’ve publicly made denialist statements about Japan’s military sex slavery be (...) criminally liable? Should their revisionist counterparts be subject to the kind of social sanctions that are associated with present-day cancel culture? (shrink)

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)

The comparative utility argument holds that the descendants of African slaves in America are not owed any compensation because they have not been harmed by slavery. Rather, slavery in America was beneficial to the descendants of slaves because they are now able to live in a country that is considerably richer today than any of the African countries from which slaves were taken. In this paper, I show that the comparative utility argument is a red herring with no bearing whatsoever (...) on the question of slave reparations because it conflates two separate wrongs: slavery and forced immigration. The fact that the descendants of slaves now live in America is a consequence of the latter, but not the former. As such, it has no bearing on the legitimacy reparations for slavery. (shrink)

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with principles advocated in (...) the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (shrink)

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 (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with principles advocated in (...) the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (shrink)

The Polluter Pays Principle (PPP) states that polluters should bear the burdens as- sociated with their pollution. This principle has been highly contested because of the pu- tative impossibility of considering individuals morally responsible for an important amount of their emissions. For the PPP faces the so-called excusable ignorance objec- tion, which states that polluters were for a long time non-negligently ignorant about the negative consequences of greenhouse gas emissions and, thus, cannot be considered morally responsible for their negative consequences. (...) This paper focuses on the concept of moral responsibility as it appears in the excusable ignorance objection. I claim that this objection stems from a narrow notion of moral responsibility and that a more fundamen- tal notion of moral responsibility would pave the way to overcome it. I show that it should be out of the question whether historical polluters should bear some burdens asso- ciated with climate change because of their historical emissions. The relevant question is which kind of burdens they can legitimately be asked to bear. I argue that this notion of moral responsibility allows us to assign burdens of symbolic reparation, which are at the core of ‘Loss and Damage’ policies. (shrink)

Let’s say that an act requires Person-Affecting Justification if and only if some alternative would have been better for someone. So, Lucifer breaking Xavier’s back requires Person-Affecting Justification because the alternative would have been better for Xavier. But the story continues: While Lucifer evades justice, Xavier moves on and founds a school for gifted children. Xavier’s deepest values become identified with the school and its community. When authorities catch Lucifer, he claims no Person-Affecting Justification is needed: because the attack set (...) Xavier on his life’s path, it’s no longer true that the alternative would have been better by the standard of what Xavier now values most. An unappealingly paternalistic way to hold Lucifer to account is to discount Xavier’s preferences as merely adaptive. Instead, I propose understanding the persons of Person-Affecting Justification to be not persons but person stages. This allows us to hold Lucifer to account without having to discount Xavier’s actual preferences, and has interesting implications for compensatory justice, including making sense of reparations for historical wrongs. (shrink)

This article addresses the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world a world (...) where there was no such interaction, this article maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that this phenomenon is, in part, (...) a consequence of (i) the almost universal use of service-delivery criteria in the evaluation of Restorative Justice programs, and (ii) the absence of research on the interactional processes involved within the victim-offender encounter itself, using suitably designed methodological tools. (shrink)

In recent years, campaigns across the globe have called for the removal of objects symbolic of white supremacy. This paper examines the ethics of altering or removing such objects. Do these strategies sanitize history, destroy heritage and suppress freedom of speech? Or are they important steps towards justice? Does removing monuments and renaming schools reflect a lack of parity and unfairly erase local identities? Or can it sometimes be morally required, as an expression of respect for the memories of people (...) who endured past injustices; a recognition of this history's ongoing legacies; and a repudiation of unjust social hierarchies? (shrink)

Anger gaslighting is behavior that tends to make someone doubt herself about her anger. In this paper, I analyze the case of anger gaslighting, using it as a paradigm case to argue that gaslighting can be an affective injustice (not only an epistemic one). Drawing on Marilyn Frye, I introduce the concept of “uptake” as a tool for identifying anger gaslighting behavior (persistent, pervasive uptake refusal for apt anger). But I also demonstrate the larger significance of uptake in the study (...) of affective injustice: just as the concept of credibility names the epistemic behavior whereby we take someone seriously as an epistemic being, the concept of uptake names the uniquely affective cooperative behavior whereby we take someone seriously as an affective being. I answer Miranda Fricker’s epistemic notion of a prejudicial credibility economy with the affective notion of prejudicial uptake economies: uptake, like credibility, can be produced in a deficit for one social group relative to a surplus for another. Deviating from the parallels with Fricker, for whom the injustice of epistemic injustice is due to prejudice in the motives or character of individuals, as well as from accounts that ground it in aptness or affective goods, I suggest that the injustice of anger gaslighting behavior can be located at the structural scale of power relationships between social groups, in the tradition of Iris Marion Young. Anger gaslighting behavior counts as unjust wherever it (re)produces prejudicial uptake economies. Adapting sociological concepts of feeling rules and the emotion work they demand, I introduce the concepts of “uptake rules” and “uptake work” to further enable analysis of uptake economies as affective social structures, and to suggest a site for resistant or reparative affective agency. (shrink)

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.

The literature on reparative justice focuses for the most part on the grounds and limits of wrongdoers' duties to their victims. An interesting but relatively neglected question is that of what - if anything - victims owe to wrongdoers. In this paper, I argue that victims are under a duty to accept wrongdoers' apologies. To accept an apology is to form the belief that the wrongdoer's apologetic utterance or gesture has the requisite verdictive, commissive and expressive dimensions; to communicate as (...) much to him; and to recognise that his apology changes one's normative status in relation to him, and to comport oneself accordingly. I then offer a Kantian argument for the duty to accept and qualify that argument in the light of some hard cases. I end the paper by addressing the objection that victims do not owe it to wrongdoers to engage in any form of reparative encounter. (shrink)

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

This essay frames systemic patterns of mental abuse against women of color and Indigenous women on Turtle Island (North America) in terms of larger design-of-distribution strategies in settler colonial societies, as these societies use various forms of social power to distribute, reproduce, and automate social inequalities (including public health precarities and mortality disadvantages) that skew socio-economic gain continuously toward white settler populations and their descendants. It departs from traditional studies in gender-based violence research that frame mental abuses such as gaslighting--commonly (...) understood as mental manipulation through lying or deceit--stochastically, as chance-driven interpersonal phenomena. Building on structural analyses of knowledge in political epistemology (Dotson 2012, Berenstain 2016), political theory (Davis and Ernst 2017), and Indigenous social theory (Tuck and Yang 2012), I develop the notion of cultural gaslighting to refer to the social and historical infrastructural support mechanisms that disproportionately produce abusive mental ambients in settler colonial cultures in order to further the ends of cultural genocide and dispossession. I conclude by proposing a social epidemiological account of gaslighting that a) highlights the public health harms of abusive ambients for minority populations, b) illuminates the hidden rules of social structure in settler colonial societies, and c) amplifies the corresponding need for structural reparations. (shrink)

Trauma and traumatization have arguably always been part of the human experience yet have in the last few decades come to occupy a prominent place in various popular and academic contexts. This chapter offers an interdisciplinary and comparative investigation of trauma and traumatization in different historical contexts. More specifically, my aim is to discuss whether the rich bodies of research in trauma and traumatization in Holocaust survivors and their descendants yield relevant insights for post-slavery contexts. It has been shown that (...) children of Holocaust survivors suffer from stress and other symptoms related to their parents’ traumatization which influence the interactions with their environments. Such results made me wonder whether the traumatic impact of chattel slavery—which has been abolished some 160 years ago—might have a similar impact, yet now across several generations. Issues of the transmission and current persistence of trauma are inherently linked to questions of social justice, recognition and reparations. This chapter is meant, however, as an exploration of interdisciplinary connections that should be studied in concert to account for the traumatic impact of historical and present day experiences. It starts by discussing the concepts of trauma and post-traumatic stress disorder. Continuing by exploring the phenomenon of the inter- and transgenerational transmission of trauma, it relies in part on the important body of research conducted on families of Holocaust survivors. I then turn to the much less researched ‘post-traumatic slave syndrome’ (DeGruy) and discuss two factors that might contribute to the transgenerational transmission of trauma in the families of former enslaved: epigenetics and the continuation of traumatization even after the abolition of slavery as articulated in Historical Trauma theory. Drawing upon these insights, I conclude that it is plausible that a continuing transgenerational transmission of trauma might occur in some families of slavery survivors, the knowledge of which might help to break the chains of such traumatization across generations. (shrink)

Recently, I have proposed an extension of the framework of the ethics of collegiality (Berber & Subotić, forthcoming). By incorporating an anti-individual perspective and the notion of epistemic competence, this framework can reveal the epistemic virtue/vice relativism, which, in turn, charts the tension between being a good colleague and an efficient, loyal employee. In this paper, however, I want to sketch how the ethics of collegiality could be applied to practical domains, such as the historical accountability and atonement of corporations (...) that participated in the anti-Semitic policies of the Third Reich and contributed to the Holocaust by using slave or forced labor. New studies suggest that corporations ought to engage in deeper historical reflection and ethical dialogue between Shoah survivors and top managers to address the issue of industrial compliance (Federman 2021), whereas most of the work on this topic traditionally focused on the issue of reparations litigation (Kelly 2016, Neuborne 2003). Through the notions of collective institutional epistemic vice and institutional ethos (Fricker 2021), the upshot is to assess whether it is feasible for corporations to be genuinely repentant regarding their role in the Holocaust thanks to the ethics of collegiality instead of merely offering compensation. I will argue that instead of emphasizing ethical leadership and the top-down approach to the (re-)implementation of values in corporate conduct, the spotlights should be on the bottom-up approach grounded in collegial solidarity among all employees. (shrink)

In this essay, I challenge Charles Mills’s use of the category of moral personhood for advancing a robust anti-racist political critique in nonideal circumstances. I argue that the idea of the moral equality of persons is necessary but insufficient for reparative justice. I enrich the normative basis of political critique to include: (1) a clarification of what the public recognition of moral personhood can legitimately entail as a requirement of justice enforceable by the state, especially with respect to economic reforms (...) that advance equal opportunity and (2) a conception of non-alienated labor that assails identity-based occupational segregation in the labor market. These additional components do not exhaust the plausible bases for political critique, but enrich it in a way that the idea of moral equality alone cannot. (shrink)

In this paper, I first argue that sometimes freely and knowingly manipulating oneself does not fully preserve moral responsibility – namely, in cases of practically distinct self-manipulation. However, I argue that practically distinct self-manipulation preserves moral responsibility to some extent because such a self-manipulated person is more morally responsibility than an other-manipulated person. This is an important result: manipulating oneself doesn’t always fully preserve one’s moral responsibility for one’s actions. But in what sense is the self-manipulated person more morally responsible? (...) I argue the self-manipulated person is not a fitting target of the reactive attitudes but continues to have wrongdoing-incurred reparative obligations. This explains the intuitive judgement about the self-manipulated person, provides a better explanation of “tracing” cases, and reveals important requirements for a plausible theory of moral responsibility. (shrink)

The question of forgiveness in politics has attained a certain cachet. Indeed, in the fifty years since Arendt commented on the notable absence of forgiveness in the political tradition, a vast and multidisciplinary literature on the politics of apology, reparation, and reconciliation has emerged. To a novice scouring the relevant literatures, it might appear that the only discordant note in this new veritable symphony of writings on political forgiveness has been sounded by philosophers. There is a more-than-healthy cynicism directed (...) at what many philosophers see as an uncritical promotion of forgiveness, which – they fear – risks distorting and cheapening forgiveness as a moral ideal, on the one hand, and ignoring the moral and political values of justice, accountability and the cessation of harmful relationships, on the other. Are philosophical fears about the dangers of thinking about forgiveness in political terms warranted – or do they perhaps depend in part on conceptual conservatism regarding what exactly political forgiveness might be? I argue that most, if not all, standard objections to political forgiveness emerge from theoretical reliance on a picture of forgiveness I will call the Emotional Model. Once we make conceptual space for descriptions of forgiveness in performative and social terms, the concept is more easily adapted to a political account without at least some of the risks feared by philosophers. (shrink)

This article examines the concept of historical injustice in the context of contemporary political theory. It examines the moral consequences of historical injustice for the descendants of both the perpetrators and the victims and outlines the six questions that any plausible defence of the idea of making reparations for past injustices must deal with. It suggests that taking historical injustice seriously is compatible with moral cosmopolitanism and it also helps with the understanding the nature of various kinds of inequalities that (...) persist today. (shrink)

"This book explores the relationship between performance and activism in Chile as a form of political expression and citizen participation during the period 2010-2020. Since the student mobilizations of 2006, the social movements that have taken place in Chile are characterized, in many cases, by the appropriation of public space and the political use of the body. This became particularly evident during the social outbreak of October 2019. The social upheaval was accompanied by a cultural explosion, where the arts in (...) all their dimensions played a crucial role as new strategies of collective action. The research proposes two hypotheses about this cultural revolution. Firstly, that this explosion of artistic activism had been fermenting for at least a decade (2010-2020) within the social movements, using performance and art as expressions of collective action. These artistic drivers, catalysts of this cultural revolution, have been mobilized around three fundamental axes of social demands: human rights, education, and feminism. The second hypothesis is that artistic activism in Chile between 2010-2020 emerged to exercise citizenship and strengthen the diversity of cultural identities. Chilean artistic activism today, unlike other historical moments, is a direct expression of citizen participation. It is no longer just artists who contribute to social and protest movements with their work: now, it is the citizens who use artistic expression as a practice of political participation. From an intersectional and feminist perspective, this book is an invitation to study and reflect on the aesthetic and political dimension of performance and its potential to establish justice and symbolic reparation when the State is absent. Furthermore, it incentivises a conversation about the ritual, pedagogical, and visionary dimension of art and its infinite possibilities of expressive and discursive resources. Performance art reimagines possible futures embodying the political demand, always loaded with memory, reclaiming the public space. Performance as the 'art of action' conquers the realm of non-formal education, permeating public space and shaping a Pedagogy of memory and hope." -/- . (shrink)

It is a truism to say that we live in a world that has been deeply shaped by imperialism. The history of humanity is, in many ways, a story of the attempted and achieved subjugation of one people by another, and it is unsurprising that such interaction has had profound effects on the contemporary world, affecting cultural understandings of community identity; the composition of, and boundaries between, modern day states; and the distribution of resources between different communities. This chapter addresses (...) the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world where there was no such interaction, this chapter maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...) police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

Imagine a case of wrongdoing—not something trivial, but nothing so serious that adequate reparations are impossible. Imagine, further, that the wrongdoer makes those reparations and sincerely apologizes. Does she have a moral right to be forgiven? The standard view is that she does not, but this paper contends that the standard view is mistaken. It begins by showing that the arguments against a right to be forgiven are inconclusive. It ends by making two arguments in defense of that right.

A collection of essays published in 2022.

Tracking representationalism explains the negative affective character of pain, and its capacity to motivate action, by reference to the representation of the badness for us of bodily damage. I argue that there is a more fitting instantiation of the tracking relation – the badness for us of extremely intense stimuli – and use this to motivate a non-reductive approach to the negative affective character of pain. The view of pain proposed here is supported by consideration of three related topics: the (...) pain caused when the body is damaged, reparative pain, and the messenger-shooting objection to tracking representationalism. (shrink)