Results for 'restitution'

24 found
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  1. Restitutive Restoration: New Motivations for Ecological Restoration.John Basl - 2010 - Environmental Ethics 32 (2):135-147.
    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 (...)
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  2.  72
    Restitution Post Bellum: Property, Inheritance, and Corrective Justice.Daniel Butt - 2019 - Journal of Applied Philosophy 36 (3):357-365.
    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.
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  3. Supersession, Reparations, and Restitution.Caleb Harrison - 2021 - Journal of Ethics and Social Philosophy 19 (2).
    Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, (...)
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  4. Libertarianism Allows Retributive Restitution (Which is Optimally Deterring): A Reply to Joseph Ellin’s “Restitution Not Retributive: A Mini-Paper”.J. C. Lester - manuscript
    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 (...)
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  5. Libertarian Rectification: Restitution, Retribution, and the Risk-Multiplier.J. C. Lester - 2000 - Journal of Value Inquiry 34 (2/3):287-297.
    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 (...)
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  6. A Plague on Both Your Statist Houses: Why Libertarian Restitution Beats State-Retribution and State-Leniency.J. C. Lester - 2005 - In Simple justice / Charles Murray ; commentaries, Rob Allen ; edited by David Conway.
    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 (...)
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  7.  7
    Climate Justice and the Duty of Restitution.Santiago Truccone-Borgogno - 2022 - Moral Philosophy and Politics 9:1-22.
    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 (...)
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  8. Appropriating Resources: Land Claims, Law, and Illicit Business.Edmund F. Byrne - 2012 - Journal of Business Ethics 106 (4):453-466.
    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 (...)
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  9. Benefiting From the Wrongdoing of Others.Robert E. Goodin & Christian Barry - 2014 - Journal of Applied Philosophy 31 (2):363-376.
    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 (...)
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  10. Justice and the Initial Acquisition of Property.John T. Sanders - 1987 - Harvard Journal of Law and Public Policy 10 (2):367-99.
    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 (...)
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  11.  95
    Next to Godliness: Pleasure and Assimilation in God in the Philebus.Suzanne Obdrzalek - 2012 - Apeiron 45 (1):1-31.
    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 (...)
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  12. The Complicated History of Einfühlung.Magdalena Nowak - 2011 - Argument: Biannual Philosophical Journal 1 (2):301-326.
    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 (...)
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  13. Fleeing the Divine: Plato's Rejection of the Ahedonic Ideal in the Philebus.Suzanne Obdrzalek - 2010 - In John Dillon & Brisson Luc (eds.), Plato's Philebus: Selected Papers From the Eighth Symposium Platonicum. pp. 209-214.
    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 (...)
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  14.  26
    The Supersession Thesis, Climate Change, and the Rights of Future People.Santiago Truccone-Borgogno - 2022 - Critical Review of International Social and Political Philosophy 25 (3):364-379.
    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 (...)
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  15.  32
    Black Aesthetics: Reconstruction Through Resocialisation.Rossen Ventzislavov - 2020 - Debates in Aesthetics 15 (2):97-110.
    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 (...)
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  16. Reparations for Recent Historical Injustices. The Case of Romanian Communism.Horaţiu Traian Crişan - 2016 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 3 (2):151-162.
    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 (...)
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  17. “Vertendo vel etiam commentando in Latinam redigam formam” (In Aristotelis peri hermeneias commentarium. Editio secunda, II, 79.23 - 80.1). Boèce ou l’art de bien traduire (en commentant) et de bien commenter (en traduisant).Leone Gazziero - 2017 - Rursus 10:1-117.
    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 (...)
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  18. Compensation as Moral Repair and as Moral Justification for Risks.Madeleine Hayenhjelm - 2019 - Ethics, Politics, and Society 2 (1):33-63.
    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 (...)
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  19.  30
    After Capitalism, Cyborgism.Fernando Flores Morador (ed.) - 2015 - Lund: Lund University.
    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 (...)
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  20. Non-Combatant Immunity and War-Profiteering.Saba Bazargan - 2017 - In Helen Frowe & Lazar Seth (eds.), The Oxford Handbook of Ethics of War. Oxford University Press.
    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 (...)
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  21.  23
    "A Different Type of Time": Hip Hop, Fugitivity, and Fractured Temporality.Pedro Lebrón Ortiz - 2021 - Journal of Hip Hop Studies 8 (1):63-88.
    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 (...)
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  22. Consciencism, Ubuntu, and Justice.Martin Ajei & Richmond Kwesi - 2018 - Nigerian Journal of Philosophy 26:61-90.
    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 (...)
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  23.  73
    Temporal Goods: A Compensation Fund?Christine O'Riley - manuscript
    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 (...)
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  24.  75
    Reading Derrida Against John Caputo.Joshua Soffer - manuscript
    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 (...)
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