Abstract

In Recognizing Wrongs, John C. P. Goldberg and Benjamin C. Zipursky develop and defend “civil recourse theory,” according to which torts are injurious wrongs that give rise to a claim of redress. My discussion extends beyond tort law to explore the ethics of reparations for historical injustice, in particular, regarding the case of Black Americans. I begin by relating the notion of wrongdoing that figures prominently in civil recourse theory to morality. Then I explore the idea that the relevant sort of wrongdoing is relational and injurious, and how this claim applies to historical injustice. Finally, I take up the idea that a redress claim is one a victim is entitled but not obligated to make in order to think about whether the discretionary nature of tort action is empowering to persons who have been wrongfully injured.