Authors
Kerstin Reibold
Universität Potsdam
Abstract
Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to unbundle property rights into rights of benefit, control, use, and access and to distinguish between different forms of attachment. This strategy allows for a third option of restitution and supersession, namely partial restitution. Partial restitution grants current land holders those rights that they need to satisfy their attachments and basic distributive justice claims. At the same time, rights that are not needed for either purpose will revert back to indigenous peoples as the original owners. The article argues that the notion of partial restitution allows for far more extensive land rights than a less nuanced application of the supersession thesis.
Keywords indigenous peoples  land rights  attachment  supersession  historic injustice
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DOI 10.1080/13698230.2019.1697842
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References found in this work BETA

Superseding Historic Injustice.Jeremy Waldron - 1992 - Ethics 103 (1):4-28.
Superseding Historic Injustice.Jeremy Waldron - 1992 - Ethics 103 (1):4-28.
What is Private Property?Jeremy Waldron - 1985 - Oxford Journal of Legal Studies 5 (3):313-349.

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Citations of this work BETA

Colonialism, Injustices of the Past, and the Hole in Nine.Daniel Weltman - 2020 - Critical Review of International Social and Political Philosophy:1-13.

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