This Article makes three moves. First it suggests and elaborates a distinction—already implicit in the literature—between what I will call the first and second order of arguments for justice (hereinafter FOAJ and SOAJ). In part, it is a distinction somewhat similar to that between just war and justice in war. SOAJ are akin to the rules governing justice in war or rules of engagement, while bracketing the reasons and causes of the conflict. FOAJ on the hand are (...) those principles of justice and arguments that derive their power from the distribution of entitlements, rights and duties of the parties prior to the conflict they are supposed to adjudicate. FOAJ aim in many ways to restore the distribution of entitlements that existed on the eve of the conflict. Thus, all arguments for corrective or historical justice could be viewed as FOAJ. The second move in the paper associates FOAJ with the Palestinians and SOAJ with Zionism first and Israel later on. The more the settler Zionist project became a reality, the more the Palestinian population felt a threat to their national project and exercised resistance, including violent resistance. The more Palestinians showed resistance, the more appealing and more relevant SOAJ of self-defense, security, and emergency. The third move in the paper is to ask questions regarding the relation between FOAJ and SOAJ offer a critique of the distinction itself, and offers a critique of the way the distinction is being deployed in the case of Israel-Palestine. The Israeli claims for self-defense and security(SOAJ) are becoming so pervasive that they threaten to suspend the claims for historical justice forever (FOAJ), to the point that everything, even the regime that is crystallizing in front of our eyes as an Apartheid regime, is being justified as a temporal necessity. Israel deployment of SOAJ is done in bad faith. (shrink)

Some claim slavery did not harm the descendants of slaves since, without slavery, its descendants would never have been born and a life worth living, even one including the subsequent harms of past slavery, is preferable to never having been born at all. This creates a classic puzzle known as the non-identity argument, applied to reject the validity of claims for historic justice based on harms to descendants of victims of historic wrongs: since descendants are never harmed by (...) historic wrongs, they have no right to rectification. This conclusion is unintuitive. This article explains the nature of harm involved in historic injustice, overcoming the hurdle the non-identity argument poses to historic justice claims. Historic injustice and the harms it generates are best understood as group harms. Claims for historic justice can be grounded in harms currently living individuals suffer as a function of the harms their group or community currently suffers as a consequence of historic wrongs. One form of harm, constitutive harm, differs from the aggregative account of harm assumed by the non-identity argument and is immune to it. It is the type of harm people suffer as members of certain historically wronged groups and communities. Therefore, the constitutive harm people suffer in cases of historic injustice may serve as a basis for justifying claims for historic justice. (shrink)

The "non-identity argument" has been applied to reject the validity of claims for historic justice, often generating highly unintuitive conclusions. George Sher has suggested a solution to this problem, explaining the harm to descendants of historically wronged peoples as deriving not from the historic wrongs but from the failure to provide rectification to the previous generation for harm they suffered. That generation was likewise owed rectification for harm they suffered from failure to provide rectification to the generation preceding (...) them. In this chain of injustices each failure to provide rectification to one is the source of wrongful harm to the next. Such chains form a "bridge" between the historic wrong and the harm suffered by living individuals. I call this approach the subsequent-wrong solution (SWS). I argue that bypassing the non-identity argument in this way is problematic. First, SWS cannot justify rectification in seemingly legitimate historic-justice claims, such as historic wrongs generating delayed harms that skip generations. Second, SWS justifies rectification for the wrong reasons, denying the essence of historic-justice claims: that past wrongs, for which original wrongdoers are responsible, harm descendants of original victims. Finally, SWS does not fully account for group membership's role in historic injustice, unable to distinguish between claims of descendants of historic victims and claims made by others with unrelated interests in the rectification of the previous generation. A supplementary solution is needed, focusing on the role of group harm and group membership. The plausibility of this approach, tying individual harm to group harm, derives from these three limitations of the subsequent-harm solution. I give a rudimentary account of what such a solution would look like. (shrink)

Should people make demands for justice relating to events occurring in the past, even the distant past? What does and what should happen when they do? These questions frame the problems of historical justice that became especially palpable during the twentieth and early twenty‐first centuries and contributed to innovations in the design and use of tribunals, truth commissions and reparations initiatives. These responses to calls for historical justice deal with objections and difficulties in their own (...) ways. Objections to such innovations include charges that they depart too radically from established legal forms, that they reopen old wounds, that they inevitably rely on stale and partial evidence, that their costs are excessive or divert resources from more pressing needs, and that they do little to prevent future atrocities or to heal social rifts. (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)

The Non-Identity Problem (NIP) has been recognized as a hindrance in justifying compensation for historical injustice. Since NIP applies to individuals, an attractive way of trying to remove the obstacle is by shifting the focus from the allegedly harmed individuals to the harmed group. However, critical examination of this move shows that (a) there are groups—most conspicuously African Americans—who were _created_ by the unjust wrongs for which compensation is now claimed and hence fall under the same category as any (...) wrongful life case on the individual level, and (b) even when the group already existed when the wrongs were perpetrated, with the long passage of time it changed its identity in the narrative sense, which means that its contemporary members are attached to it as it is defined today but not as it was when the wrong was done. The paper suggests, therefore, that the Group Non-Identity Problem (GNIP) is the parallel impediment to that of NIP in doing historical justice to social groups which were maltreated in the past. (shrink)

Israel’s discursive strategy for legitimizing the displacement of Palestinians in 1948 involved describing it as part of a regional “population exchange.” This argument contributed to three critical characteristics of Israeli citizenship. First, it solidified an understanding of citizenship as a negation of persecution and a haven for would-be Jewish refugees. Second, it tied Mizrahi claims against states across the Middle East to Palestinian claims against Israel. Israel thus exploited Mizrahi refugee rights for its geostrategic interests—a fight against the (...) claims of Palestinian refugees. This had detrimental material consequences for both groups. Third, this strategy contributed to the construction of Palestinians as an “exchangeable remainder” and a demographic threat that could potentially pose a risk to the Jewish majority. Ultimately, Israel irrevocably entangled the displacement histories of three groups: Ashkenazi Jews, Mizrahi Jews, and Arab Palestinians. This Gordian knot remains with us today, and is reflected in a stratified Israeli society. But the vision that this symposium suggests we consider, that of “historical justice,” demands that it be undone. This Article therefore offers a way in which the refugee histories could perhaps one day be disentangled: a program of reparations for the Mizrahi and Palestinian citizens of Israel. (shrink)

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution to (...) his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

The article provides a new interpretation of the most widely cited essay on historical consciousness, Friedrich Nietzsche?s?On the use and abuse of history for life? from 1874, reconnecting it to current debates in educational science and the role of the historian and educator in a post-colonial situation. It reminds us how historical consciousness is an always contested and critical space, where our existential commitment to justice is also tested. The interpretation moves beyond the standard understanding of Nietzsche (...) as only favouring a life-affirming use of history. It displays how his argument opens the door toward understanding historical consciousness as a transcultural ethical space of an encounter between the dead and the living. It addresses the contemporary debate in education science concerning the relation and preference between a broader and more limited notion of historical consciousness, questioning the possibility of a conclusive theory of historical consciousness for practical-pedagogical purposes. It exemplifies its conclusions in regard to the legacies of the Holocaust and to Apartheid, as also pedagogical challenges. (shrink)

The Jeu d'Adam—staged outside a church, sporting an energetic vernacular dialogue—was for Hardin Craig drama “caught in the very act of leaving the church,” as for E. K. Chambers it was a herald of secularization. O. B. Hardison's investigation into the origins of medieval drama has rendered that position untenable, but at the same time has left us with no explanation for this play's innovations. Scholars of the Chambers-Craig tradition at least did not imagine that style is without meaning or (...) that innovation is unmotivated. I want to suggest that the significance of the Adam's dramaturgic novelty can be traced to particular ideological disturbances created by particular developments in ecclesiastical life. The play appropriates the liturgy of public penance to reassert traditional authoritative forms at a time when the disposition of spiritual authority was being reimagined, both in formal theological discussions and in the concrete act of sacramental absolution. The world of historical experience, which Erich Auerbach saw in the realistic vernacular dialogue, finds a place in this play only to be put in its place; the innovations express in a new way the old idea that submission to the ecclesiastical hierarchy is a healthy way to live. In placing the action before the church doors the author made the church building not merely the context of the play , but also its subject. (shrink)

To address climate change fairly, many conflicting claims over natural resources must be balanced against one another. This has long been obvious in the case of fossil fuels and greenhouse gas sinks including the atmosphere and forests; but it is ever more apparent that responses to climate change also threaten to spur new competition over land and extractive resources. This makes climate change an instance of a broader, more enduring and - for many - all too familiar problem: the (...) problem of human conflict over how the natural world should be cared for, protected, shared, used, and managed. -/- This work develops a new theory of global egalitarianism concerning natural resources, rejecting both permanent sovereignty and equal division, which is then used to examine the problem of climate change. It formulates principles of resource right designed to protect the ability of all human beings to satisfy their basic needs as members of self-determining political communities, where it is understood that the genuine exercise of collective self-determination is not possible from a position of significant disadvantage in global wealth and power relations. These principles are used to address the question of where to set the ceiling on future greenhouse gas emissions and how to share the resulting emissions budget, in the face of conflicting claims to fossil fuels, climate sinks, and land. It is also used to defend an unorthodox understanding of responsibility for climate change as a problem of global justice, based on its provenance in historical injustice concerning natural resources. (shrink)

Mitter's study argues that until the late Qing, concepts of international order and justice were alien to China's imperial rulers. Subsequently, however, in the nineteenth and early twentieth centuries, China perceived itself to be the victim in an unjust world of aggressive, powerful, Western states. Contemporary Chinese perceptions of a just international order have been shaped by such past experiences and encompass a strong element of restitution. Its justice claims start with the Chinese state itself rather than (...) with the needs of a broader global community. (shrink)

My aim in this paper is to discuss the general idea of a Central-European ethos in comparison with the values that shaped the contemporary form of Western societies. My argument is threefold. First, I briefly discuss the emergent character of Western modernization. Second, I pinpoint those historical and material conditions that have shaped the general situation of Central Europe in the last two hundred years in order to indicate their influence on what Charles Taylor calls "social imaginaries", shared by (...) the peoples of the region. And in part three, I attempt to point out some consequences of the otherness of the Central-European mode of modernization for regional ethos and its perspectives. My general thesis is that the countries of Central Europe, members of what-is-now the Visegrad Group, that is to say, for the last two hundred years (and some of them, like Poland for instance, for last three or even four centuries) are in the process of some kind semi-modernization, This semi-modernization concerns not only their economies and social relations, but also certain moral and world views (Weltsschauungen), whose basic outlines are derived from inferiority complex about the modernized West. But at the same time they are mostly unable, for the reason I shall refer to below, to propose their own way of modernization. Hence, claims to equality and justice made within Central-European are are of a special kind, which involves a strong recognition of history as the source and basis for them. (shrink)

Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

What is it to do justice to the absent victims of past injustice, given the distance that separates us from them? Grounded in political theory and guided by the literature on historical justice, W. James Booth restores the dead to their central place at the heart of our understanding of why and how to deal with past injustice. Testimonies and accounts from the race war in the United States, the Holocaust, post-apartheid South Africa, Argentina's Dirty War and (...) the conflict in Northern Ireland help advance and defend Booth's claim that caring for the dead is a central part of addressing past injustice. Memory, Historic Injustice, and Responsibility is an insightful and original book on the relationship of past and present in thinking about what it means to do justice. A valuable addition to the currently available literature on historical justice, the volume will be of great interest to students and scholars of political science, philosophy, history, and law. (shrink)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so (...) that Rawls’s theory is justified in leaving it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

As world food and fuel prices threaten expanding urban populations, there is greater need for the urban poor to have access and claims over how and where food is produced and distributed. This is especially the case in marginalized urban settings where high proportions of the population are food insecure. The global movement for food sovereignty has been one attempt to reclaim rights and participation in the food system and challenge corporate food regimes. However, given its origins from the (...) peasant farmers' movement, La Via Campesina, food sovereignty is often considered a rural issue when increasingly its demands for fair food systems are urban in nature. Through interviews with scholars, urban food activists, non-governmental and grassroots organizations in Oakland and New Orleans in the United States of America, we examine the extent to which food sovereignty has become embedded as a concept, strategy and practice. We consider food sovereignty alongside other dominant US social movements such as food justice, and find that while many organizations do not use the language of food sovereignty explicitly, the motives behind urban food activism are similar across movements as local actors draw on elements of each in practice. Overall, however, because of the different histories, geographic contexts, and relations to state and capital, food justice and food sovereignty differ as strategies and approaches. We conclude that the US urban food sovereignty movement is limited by neoliberal structural contexts that dampen its approach and radical framework. Similarly, we see restrictions on urban food justice movements that are also operating within a broader framework of market neoliberalism. However, we find that food justice was reported as an approach more aligned with the socio-historical context in both cities, due to its origins in broader class and race struggles. (shrink)

Flesh of My Flesh is a collection of articles by today's most respected scientists, philosophers, bioethicists, theologians, and law professors about whether we should allow human cloning. It includes historical pieces to provide background for the current debate. Religious, philosophical, and legal points of view are all represented.

In this paper I discuss a popular position in the climate justice literature concerning historical accountability for climate change. According to this view, historical high-emitters of greenhouse gases—or currently existing individuals that are appropriately related to them—are in possession of some form of emission debt, owed to certain of those who are now burdened by climate change. It is frequently claimed that such debts were originally incurred by historical emissions that violated a principle of fair shares (...) for the world’s natural resources. Thus, a suitable principle of natural resource justice is required to render this interpretation of historical accountability complete. I argue that the need for such a principle poses a significant challenge for the historical emission debt view, because there doesn’t appear to be any determinate answer to the question what a fair share of climate sink capacity would have been historically. This leaves the historical emission debt view incomplete and thus unable to explain a powerful intuition that appears to motivate the view: namely, that there is something unjust about how the climate sink has historically been used. I suggest an alternative explanation of this common intuition according to which historically unequal consumption of climate sink capacity, whether or not wrongful in and of itself, is a symptom of broader global injustice concerning control over and access to the world’s natural resources. This broader historical injustice will be harder to quantify and harder to repair than that which the historical emission debt purports to identify. (shrink)

How does empire become transposed onto justice? There are two kinds of question here, one historical the other conceptual, though they are often entwined. First, we may ask whether there are particular arguments about justice that were subsequently used in the justification of empire or colonialism. Or, we may seek to trace the conceptual structure of argu- ments justifying imperialism to their roots in particular philosophical views, debunking their supposed universalism.3 Second, we may ask about the very (...) nature of the concept of global justice and the values it expresses in relation to other important values. Is the very notion of global justice imperialistic, just because it claims there are universal values applicable to everyone everywhere, whatever their particular ways of life or worldviews? (shrink)

“Does the existence of unequal social and economic starting points in life nullify capitalism's claims to justice?” Notice is hereby given that this essay's answer to this question is an unequivocal “maybe.” For it is a banal but true claim that everything depends upon what is meant by capitalism, justice and life's starting point. And it is a less banal but no less true claim that their meanings are opaque or controversial or both. In what follows I (...) shall devote little attention to the question of what justice is and shall simply presume that it is best characterized by historical entitlement theory. The last part of the essay discusses the notion of life's starting point and vacillates over what it would mean for one such point to be equal to another. Hence, the bulk of my argument is taken up with exploring what capitalism must be like to conform to historical entitlement theory. And my conclusion will be that, insofar as capitalism respects every person's right of self-ownership, its claims to justice require that no one be denied one type of equal payment – a payment which might be rendered at each life's starting point. (shrink)

This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s attempt (...) to reduce perverse incentives (through expectation-altering institutional design) fails. Moore unduly privileges settler expectations, especially over those of indigenous peoples. I criticize United States court decisions resurrecting the expectations of past settlers in the allotment era (which share structural features with Moore’s arguments). Lastly, distinguishing between ‘final’ supersession of historical injustice through changing circumstances, and ‘dormant’ supersession, shows how indigenous claims to land and jurisdiction may revive. (shrink)

My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not (...) much scrutinized anymore; and finally, because of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons. (shrink)

The question of our educational obligations to disadvantaged students has typically been conceptualized using the language of achievement gaps: how and to what extent should we ameliorate gaps between students in terms of their attainment of certain valuable outcomes that are correlated with education? Recently, some have argued that the language of achievement gaps is misconceived and problematic, and that we should instead conceptualize our obligations to students as an education debt that is owed to certain disadvantaged students as descendants (...) of historic and structural injustices. Underlying this argument is a deeper conviction that the moral requirement to bring about a fair patterned distribution of educational outcomes is constrained by an obligation to rectify historical injustices. By conceptualizing the issue as a debt, rather than a gap (the argument goes), we can keep the priority of historical obligations squarely on the table. In this article, I defend the conceptual framework of achievement gaps in primary and secondary education by arguing that patterned principles of educational justice are not constrained by any claims and obligations that arise in virtue of historic injustices. (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)

Historically, philosophers have had little to say about justice and disability. However, in recent years and in response to disability rights movements, philosophers have started to consider the claims to justice of persons with mental and physical impairments. Importantly, some have charged that without extensive revision, social contract accounts of justice – which enjoy immense popularity among political philosophers – cannot address the needs and interests of persons with disabilities. In this article, I explain why social (...) contract accounts are thought to flounder when it comes to justice for persons with disabilities. Then I assess the merits of recent attempts to construct theories of justice inclusive of persons with disabilities. In particular, I consider Nussbaum’s capabilities approach, Kittay’s justice as caring, and various restatements of the social contract. (shrink)

This piece discusses the account of contested territories and of corrective justice Moore offers in A Political Theory of Territory. In Chapter 6, Moore offers an occupancy account of boundary-drawing. My discussion focuses on the status of Moore's occupancy account compared to the statist and nationalist accounts it aims to replace. Specifically, I consider whether these other accounts are as unsuccessful as Moore suggests, and whether Moore's account is as distinct from these accounts as she suggests. In Chapter 7, (...) Moore offers a distinction between three different types of rights violations involved in the unjust taking of territory, and considers potential remedies for each. My discussion focuses on the arguments Moore offers to justify the presence or absence of certain remedies, in particular the right of return and the redistribution of land. I conclude that the territorial claims of historically wronged groups are too quickly dismissed, and I suggest that this is problematic from the point of view of Moore's own account. (shrink)

Territorial disputes have defined modern politics, but political theorists and philosophers have said little about how to resolve such disputes fairly. Is it even possible to do so? If historical attachments or divine promises are decisive, it may not be. More significant than these largely subjective claims are the ways in which people interact with land over time. Building from this insight, Avery Kolers evaluates existing political theories and develops an attractive alternative. He presents a novel link between (...) political legitimacy and environmental stewardship, and applies these ideas in an extended and balanced discussion of the Israeli-Palestinian dispute. The result is the first systematic normative theory of territory, and an impressive example of applied philosophy. In addition to political theorists and philosophers, scholars and students of sociology, international relations, and human geography will find this book rewarding, as will anyone with wider interests in territory and justice. (shrink)

James Tully's account of a ?post?imperial constitutionalism?, in his book Strange Multiplicity, wrongly rejects the ideal of impartiality in modern political theory. Pace Tully, this paper argues for a conception of impartiality called ?justice as provisionality?. This is demonstrated by explaining the concept of a ?contrastive hard case?. These cases, exemplified both by indigenous peoples? struggles for recognition and ?traditional? justifications for violence against women, centrally involve conflicts over the cultural interpretation of value. The paper argues that the just (...) adjudication of these cases depends on understanding two different senses of the term ?provisionality?. These demonstrate that the post?imperial state can give impartial reasons for the rights of parties to ?contrastive? claims in a way that integrates the concerns of both feminists and cultural pluralists. The two senses of provisionality are: first, that consequent upon historical injustice, the post?imperial state should recognize the legitimacy of citizens? partial reasons for their actions and practices; and hence, should recognise that the domain of public, impartial reason is always provisional and incomplete. Second, our capacities for reason are dependent on public and nonpublic provision, protection and care. This is because diverse inequalities and injustices could prevent vulnerable people, in some cases women, from acting according to reasons at all. (shrink)

Injustice theory better serves the oppressed than theories of justice or ideal theory. Humanitarian injustice, political injustice, and legal injustice are distinguished by the rules they violate. Not all who claim political injustice have valid historical grounds, which include past oppression and its legacy. Social class, including culture as well as money, helps explain competing claims of political injustice better than racial identities. Claims of political injustice by the White Mass Recently Politicized (WMRP) are not valid (...) given the history of race relations in the United States. The WMRP’s substitution of white racial identity for class identity may obstruct their opportunities for upward socioeconomic mobility. Their current billionaire leaders are not organic leaders and they stoke racism because it is emotionally useful for getting votes. But too much emphasis on racist history by nonwhites can result in a collective Post Traumatic Stress Disorder (PTSD) that also obstructs progress. The problems of the WMRP may be their own responsibility, in ways still unexplored. (shrink)

This book assesses the rapid transformation of the political agency of religious groups within transnational civil society under conditions of globalization weakening sovereign nation-states. It offers a synthesis of the resurgence of Jasper's axial thesis from distinct lines of research initiated by Eisenstadt, Habermas, Taylor, Bellah, and others. It explores the concept of cosmoipolitanism from the combined perspectives of sociology of religion, critical theory, secularization theory, and evolutionary cultural anthropology. At the theoretical level, cosmoipolitanism prescribes how local, national, transnational, global, (...) and virtual spaces ought publically to engage in transcivilizational discourse without presuming the secular assumptions tied to cosmopolitanism. Employing insights of critical theory, this book offers a micro-level analysis of the pragmatics of discourse of each axial tradition contributing to the role of religion within multiple modernities. While circumscribing the particular historical limits of each tradition, the book extends their internal claims to species universality in light of the potential for boundless communication Jaspers saw initiated with the Axial Age. In Jon Bowman's novel and important work, he rethinks the challenges of global justice. Bowman is not just concerned with global justice in the modern world, but with a genealogy that begins with a better understanding of the Axial age, one that is also the unique signature of cosmoi-political institutions. Arguing with depth and precision, Bowman challenges Kantian and Rawlsian universalism. His argument provides a new interpretation of cosmopolitan justice as he explores the deeper roots of cosmopolitan justice. James Bohman Saint Louis University Jon Bowman's Cosmoipolitan Justice is an important, innovative and timely work. Construing globality in terms of pervasive conditions of worldwide interdependence, Bowman advances a decidedly pluralistic account of cosmopolitanism, one uniquely shaped by recent theories of multiple modernities. His analysis is sustained by a highly informed appropriation of such diverse thinkers as Theodor Adorno, Abudullah An-Naim, Talad Asad, Schmuel Eisenstadt, Jürgen Habermas, Karl Jaspers, John Rawls, Amartya Sen, and Charles Taylor. One special feature is the book's synthesis of research on global governance with that on post-secularity and the place of religion in the public sphere. On this basis Bowman presents a distinctive account of the world's axial religions, one underwriting a multi-polar, intercultural global public realm able to address social, political, and economic issues confronting the global community today. This book should be of great interest to students and scholars in philosophy, political theory, international relations, sociology, and religious studies. Professor Andrew Buchwalter Department of Philosophy University of North Florida. (shrink)

In this dissertation I argue for a theory of rectificatory justice, and apply that theory to circumstances involving two social groups generally thought to have been historically wronged, viz., Native Americans and African Americans. ;Development of a conception of rectificatory justice is begun in Chapter 1 by examining the distinction between distributive justice and rectificatory justice, and by suggesting a theory of compensation. It is argued that the notion of compensation cannot provide an adequate ground for (...) a species of justice. ;I argue in Chapter 2 that a taxonomy of justice ought to consist of only two species, viz., distributive justice and rectificatory justice. In addition to compensation, the view of rectification argued for includes accounts of restoration, apology, and punishment. Some theories of so-called corrective justice are examined, and are found to be morally inadequate. ;In Chapter 3, I examine several views of a right to compensation, including those of Joel Feinberg and Judith Jarvis Thomson. Jules Coleman's claim that a requirement in justice for compensation can arise without the transgression of rights is examined and then rejected. ;After suggesting a theory of social groups, and adopting Allen Buchanan's account of groups rights, I argue in Chapter 4 that rectification rights can be legitimately ascribed to social groups. I assess the practical implications of my theory of rectificatory justice by applying it to two cases. In the first case, I argue that the fishing rights that were restored to Native American tribes of the Northwest as a result of U.S. v. Washington are justified when grounded on their right to rectification; hence, the claim that the restoration of these rights constituted an injustice to non-Native American fishing interests is mistaken. In the second case, I show how a right to rectification can legitimately be ascribed to African Americans as a group. ;The dissertation concludes with Chapter 5, where I consider several justificatory arguments for a moral statute of limitations on injustice. I conclude that a significant part of any such argument must ultimately rest on our judgements about competing claims. (shrink)

Climate change involves changes in the climate system caused by polluting human activities and the social and natural effects of these changes. The historical and anthropogenic grounds of climate change play an important role in climate justice claims. Many climate justice scholars believe that principles of climate justice should account for the historical and anthropogenic sources of climate change. Two main backward-looking principles have been proposed: the polluter pays principle (PPP) and the beneficiary pays (...) principle (BPP). The BPP emerged in the literature on climate justice in response to certain objections raised against the PPP. In this paper, I focus on two of these objections: the causation objection and the excusable ignorance objection. Defenders of the BPP have traditionally assumed that this principle is not vulnerable to those objections, which renders the BPP superior to the PPP. In this paper, I challenge this underlying assumption. My argument here is simple: moving from the PPP to the BPP in response to any of these objections might be unjustified because the BPP is affected by at least some of the considerations giving rise to these objections. (shrink)

This Article examines the two dominant theories of territorial justice — one associated with justice, the other with self–determination. It applies these theories to the case of Israel/palestine, and to ongoing claims by political actors with respect to territorial rights there. It argues that justice theory seems to straightforwardly suppose the territorial rights of the State of Israel, at least if historical and retrospective considerations are not at the forefront, though once they are brought in, (...) this argument can be deployed in support of a number of different political positions. The self–determination argument, it is argued, is somewhat less indeterminate and seems to most straightforwardly support a “two–state” compromise. However, as with justice theory, its assumptions can be challenged on a number of fronts, and could also be deployed to buttress other arguments. The merits and challenges of both theories are analyzed through this case study. (shrink)

This chapter explores one theme that in the author judgment has not received as much sustained attention as it warrants: the distinction between historical and current time slice theories of epistemic justification. It devotes to the hermeneutical tasks of explicating and contextualizing the distinction between historical and current time slice theories. The chapter examines Goldman's longstanding claim that no current time slice theory can possibly do justice to the epistemic role of preservative memory. It argues that a (...) principle governing preservative memory proposed by Goldman. The author argues that a recent attempt by Earl Conee and Richard Feldman to meet Goldman's challenge by providing a current time slice reconstruction of the relevant epistemic phenomena is similarly unsuccessful. The chapter develops argument against current time slice theories, an argument that proceeds from the detailed consideration of certain cases involving temporally extended reasoning. (shrink)

This chapter turns to the question of historical responsibility for unavoided climate impacts. It introduces the climate debt claim, according to which certain wealthy or industrialized states owe a debt of compensation to some of those suffering from the unavoided impacts of climate change; where the notion of a debt indicates that the obligation in question falls within the domain of rectificatory justice. The Historical Emissions Debt view, according to which climate debts arise when parties emit more (...) than their fair share of greenhouse gases, is rejected on the basis that there is no fair shares principle for historical use of the climate sink considered in isolation. Two interpretations of the beneficiary pays principle are found to face similar problems. Since none of these accounts appear defensible, it is concluded that those seeking to substantiate a climate debt claim would do better to attempt this by other means. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Climate Justice: Ethics, Energy, and Public PolicyWillis JenkinsClimate Justice: Ethics, Energy, and Public Policy James Martin-Schramm Minneapolis: Fortress Press, 2010. 232 pp. $20.00Religious ethicists are sometimes tempted to interpret climate change as symptomatic of a civilizational corruption so deep that practical responsibility seems nearly impossible. In its considered treatment of energy options and policy responses, [End Page 198] Climate Justice works to make applied Christian (...) ethics competent to address climate change. By interpreting political possibilities with Christian commitments to justice, the book makes a distinctively practical contribution to the literature on Christianity and climate; it lifts an important theological voice in the growing subfield of climate ethics.The book begins by elaborating the general notion of ecological justice into workable criteria. Martin-Schramm describes four basic norms of ecojustice (sustainability, sufficiency, participation, and solidarity), from which he develops twelve energy policy guidelines (e.g., equity, adequacy). He then specifies those guidelines into fourteen criteria by which to assess the justice of climate action (e.g., historical responsibility, emissions verifiability).Subsequent chapters use those criteria to evaluate policy options. A chief difficulty in applying them lies in the tension between intergenerational and intragenerational claims. Global climate negotiations founder on disagreements about these undeveloped, plural dimensions of justice. Martin-Schramm therefore deploys criteria with a balancing objective: to develop obligations to the future while recognizing claims of the present poor and vulnerable, and while keeping the result within the bounds of North American political viability.For example, Martin-Schramm recognizes that the criterion of historical responsibility indicates that the United States should bear about one-third of the costs of climate transition. But he finds that the resulting figure ($331 billion) so outstrips realistic acceptance that he rejects financial transfer in favor of a “national obligation wedge” in which the nation compensates by pledging to reduce future emissions. Since those emission reductions are unlikely apart from a price on carbon, Martin-Schramm argues that justice mandates a fossil fuel tax. With an eye to political viability, he proposes beginning with a modest $5/ton (for comparison, the Stern Report estimates the social costs of carbon at $85/ton).Controversy in the details matters to the whole project because the point of Martin-Schramm’s approach is that a meaningful climate ethic should guide contextual action. Yet other accounts of climate justice will find a scandal of modesty on those contextual points. Martin-Schramm’s climate justice entails less economic transformation than the “Northern structural adjustment” demanded by the Latin American Council of Churches. It is also less ecocentric than accounts from indigenous theologians arguing that justice warrants rights for species at risk of extinction, and perhaps for Earth itself.While Climate Justice is a self-consciously North American account, the criteria it develops would be different and work more critically were the underlying account of justice dialogically constructed across economic, political, and theological borders. Were it pragmatic, in the sense of arising from projects from across those borders, rather than applied deductively, a Christian climate ethic would likely produce an account of justice with more critical demands on industrial infrastructure and on ecological consciousness. [End Page 199]In its self-limitation, however, lies the book’s practical promise. Martin-Schramm wants justice to illuminate effective ways toward real responsibility. His criteria for justice imply that advocating for impossible goals, or for objectives that would imperil other conditions of social justice, would amount to injustice. Making ethics matter for climate change, he shows, requires understanding what justice can do in context.The open question for this book’s project is how a self-limited ethic of applied justice relates to the deeper processes of social transformation obviously needed for adequate response. Martin-Schramm closes with an account of his work reforming the energy economy of Luther College, which should inspire every reader with a sense of what persistent, informed, and contextual action can accomplish.Willis JenkinsYale Divinity SchoolCopyright © 2012 The Society of Christian Ethics... (shrink)

So-called transitional justice has become more universal and in doing so now approximates a more general sense of justice, law, or the rule of law. The inquiry of the essay proceeds by way of a brief analysis of ‘transitional justice’ and related qualifying terms, such as ‘restorative’, ‘reconciliatory’, and ‘retroactive’. I consider the plausibility of identifying, deflating, or reducing each of them, with, or, to, the rule of law, or other general justicial notions. I illustrate the analysis, (...) in a condensed form, through a case study of the Preamble to the Carcross/Tagish First Nation Constitution, a particular situation in the context of indigenous politics on the Canadian scene, one that focuses on negotiation of land-claims and self-government agreements in an historical epoch of continuing colonization and partial decolonization. I conclude by proposing that there is positive promise in the perpetual reconstruction of justice, or constitutionalizing. (shrink)

This article examines the relationship between Jeremy Waldron’s supersession thesis and compensation. Recently, Waldron has argued that claims for material compensation for the original injustice cannot be superseded. He limits supersession to issues of restitution. Waldron’s supersession thesis is frequently cited by opponents of claims based on historical injustice, so his view of compensation warrants close examination. In our article, we explain the details of Waldron’s ‘simple model’ of compensation, offer an internal critique of it, and try (...) to sympathetically reconstruct it. We contend that a crucial claim about this model does not work; his model would result in many more backward-looking compensatory claims than he realizes. Waldron’s allowing for material compensation claims from historical injustice is in tension with, or incompatible with, his long-expressed view that the spirit of the supersession thesis is that justice should be forward-looking and look to present-day costs. We have argued elsewhere that the abstract possibility that restitution claims may be superseded due to changing circumstances (what we call the ‘supersession thesis proper’) is separable from the question of whether justice has a forward-looking or backward-looking orientation. We argue here that Waldron’s model of compensation can best be made sense of through our distinction of ‘full supersession’ and ‘partial supersession.’ This allows us to show that Waldron’s model relies on a more strongly backward-looking orientation than he seems to endorse in his earlier works on restitution and his most recent article discussing compensation. We conclude by offering external criticisms of Waldron’s model of compensation. (shrink)

The rapid change in the world after the Enlightenment not only brought about revolutionary scientific and technological innovations, but also opened the door to important transformations in the context of thought. Especially with the wind created by the French Revolution, some concepts such as equality, fraternity, and justice, which were already in circulation before, came to the fore even more. One of the concepts that was magnified in this process was freedom. The concept manifested itself in philosophy as an (...) understanding of free will against the idea of determinism, and in politics as independence against oppressive governments. Since the day it was addressed as an independent topic, it has attracted attention with its different types and aspects, including freedom of the press, freedom of thought, freedom of expression, freedom of religion and conscience. We see that the intellectual adventure of the Western world in the last two centuries has been shaped around these concepts. The libertarian attitude, which at first manifested itself as a rebellion against religious and secular authorities, was later driven to extremes that saw itself as independent from all moral and social norms. These debates were inevitably reflected in the field of theology, and topics such as the position of the will of man against God’s will, fate and the problem of evil were reconsidered according to contemporary claims and objections. The atheistic tendencies that emerged in the Western world claimed that all religions deprive man of the possibility of being an active subject on earth and that a person who believes that all his/her actions are known and determined cannot be truly free. This point is actually one of several important issues that contemporary atheism raises against theism. These debates have also reached the Islamic world and the issue continued to be addressed with similar arguments. At its core, each of these claims rests on the assumption that Islam's conception of the human being leaves no room for individual freedom. Although the problem has different aspects such as fate and theodicy, one of the most striking aspects of the problem is the question of whether man has the right to reject Islam as well as the right to enter Islam by one’s own free will. It is important to answer this question. Because some practices from the early period of Islamic history and the assumptions that apostates should be killed according to certain conditions, which are accepted as an established jurisprudence in Islamic law, have provided important opportunities for anti-Islamic ideas and ideologies. This article shows how the issue has been dealt with in the classical literature, while at the same time suggesting solutions on how to approach the phenomenon of conversion today. In addition, the study will show that the issue is dealt with in the context of public security in the fiqh literature, and therefore, the current cases of conversion or apostasy do not fully correspond to the discussions in the classical period. (shrink)

The widespread influence of skeptical and relativist philosophies has led to an abandonment of empiricist accounts of objectivity in historical investigation. Can one do justice to the historical conditionedness of the historian without totally denying objectivity in historical judgments? This article introduces Bernard Lonergan's answer to this question. Lonergan contends that one can avoid both the Scylla of naive empiricism, fostering the myth of some simple backward gaze at the facts of the past, and the Charybdis (...) of total relativism. He proposes a form of perspectivism which, he believes, does justice both to the belief of the majority of working historians that they are gradually increasing our knowledge of the past, and to the points brought out by writers on historiography, such as the "metahistorians," concerning the impossibility of ascending to some god's-eye view of the historical process.Lonergan's perspectivist position is built upon a prior philosophical account of cognition and epistemology, which I outline here. I will then move on to some immediate concerns of working historians, such as value judgments in history, the relationship of historical data to the facts the historian claims to know, and the criteria of selection used by the community of historians. In treating these issues I will highlight some of the areas of convergence and divergence between Lonergan's work and that of other philosophers and historians who have written on historiography. (shrink)

Within the Community Rule, 1QS 8:1-4 has at times been used as an intertext to support claims pertaining to the future expectations of both early Jesus movements and the historical Jesus himself. In particular, the passage has functioned as an intertext to support the notion that Jesus and some of his earliest movements foresaw the future restoration and liberation of greater Israel in toto, including outsiders. Without getting involved in this larger New Testament debate, the current article wishes (...) to address the appropriateness of using 1QS 8:1-4 as an intertext without taking its literary and sectarian contexts into consideration. Focusing throughout on the interrelationship between judgement and boundary demarcation, this article will unfold in a centripetal manner. Firstly, it will treat the commonalities among all the sectarian Dead Sea Scrolls. Secondly, the discussion will direct its focus specifically to the Community Rule. Finally, we will look at 1QS 8:1-4 in particular. (shrink)

In a recent article, Marilyn Baffoe-Bonnie offers three arguments for conducting CRISPR/Cas9 biotechnology research to cure sickle-cell disease (SCD) based on addressing historical and current injustices in SCD research and care. I show that her second and third arguments suffer from roughly the same defect, which is that they really argue for something else rather than for conducting CRISPR/Cas9 research in particular. For instance, the second argument argues that conducting this gene therapy research would improve the relationship between SCD (...) sufferers (who are mostly of African descent) and health care providers. But really what is essential in improving this relationship is for those providers to genuinely care and be concerned, and this could be lacking even with the CRISPR research being done. Indeed, this relationship could be improved even without that research being done, as long as there is genuine concern. Thus, this argument actually argues for the need for genuine concern. As for the third argument, one (of two) problems arises because it claims that CRISPR research for SCD should be pursued because the benefits would be shared by even non-research-participants, as non-participants would be encouraged. However, this argues for any research for SCD, not for CRISPR research in particular. I conclude that a better justice-based argument will use only Baffoe-Bonnie’s first argument, which is based on historic neglect of an actual cure for SCD (going beyond merely management or transplant therapies). (shrink)

This paper analyses the connection between Nietzsche’s early employment of the genealogical method and contemporary neo-pragmatism. The paper has two goals. On the one hand, by viewing Nietzsche’s writings in the light of neo-pragmatist ideas and reconstructing his approach to justice as a pragmatic genealogy, it seeks to bring out an under-appreciated aspect of his genealogical method which illustrates how genealogy can be used to vindicate rather than to subvert, and accounts for Nietzsche’s lack of historical references. On (...) the other hand, by highlighting what Nietzsche has to offer neo-pragmatism, it seeks to contribute to neo-pragmatism’s conception of genealogy. The paper argues that Nietzsche and the neo-pragmatists share a naturalistic concern and a pragmatist strategy in responding to it. The paper then shows that Nietzsche avoids a reductive form of functionalism by introducing a temporal axis, but that this axis should be understood as a developmental model rather than as historical time. This explains Nietzsche’s failure to engage with history. The paper concludes that pragmatic genealogy can claim a genuinely Nietzschean pedigree. (shrink)

The treatise on justice in Nicomachean Ethics 5 reports that the 6th C. sage Bias claimed that “ruling shows the man” (ἀρχὴ ἄνδρα δείξει [EN 5.1.1130a1–2]). How ought we understand such a claim? Prominent, in the last thirty years, are interpretations that claim that Aristotle espouses a doctrine of “political naturalism” that views the political community as “natural” (rather than a social contract, like the conventionalism found in theorists such as Hobbes, Locke, and Rousseau) in which individuals make quasi-rights (...) claims against others, including those in political power who rule over them, based on a natural teleology that governs humans. Rather than interpret Bias’ pithy remark through the anachronistic hermeneutical lens of “political naturalism” (a term that appears nowhere in Aristotle’s writings), my book examines the remark (and Aristotle’s philosophy of human things more generally) within an historic-critical hermeneutical framework that aims to understand Aristotle’s treatises within the historical context of 4th C. BCE Greece. The book includes chapters on both Nicomachean Ethics 5 and all books of the Politics. (shrink)

This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article (...) class='Hi'>claims to show the importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation. Having in mind that the principle of justice is closely linked to the principle of equity, because equity precedes justice, or more precisely, equity is considered a source of justice, this article seeks to articulate the essential distinctions between these two concepts by focusing on their methods, i.e. in their approach for putting the idea of equality into action. (shrink)

Historical entitlement theories of property rights, which claim that individuals can acquire moral property rights over natural resources by appropriating them, traditionally face a strong objection: it is widely implausible that a single individual can unilaterally impose duties on everyone around him and yet, apparently, this is exactly what such theories allow. In this essay, I argue that the same problem appears in all other theories of distributive justice and if this problem was a reason to reject (...) class='Hi'>historical entitlement theories, it would also be a reason to reject all rival theories. Which means that as long, as one is committed to any theory of distributive justice at all, she, at the risk of inconsistency, cannot rely on the aforementioned objection to criticize historical entitlement theories. (shrink)

I examine Heidegger's reflections on the Anaximander fragment, concentrating on the question of justice. In his commentary, Heidegger draws on Nietzsche's thoughts about justice, the will to power, and nihilism to formulate an interpretation of the fragment that connects it to the epochal history and destiny of being. This "ontological" interpretation, constructed in a compelling reading of the history of philosophy, requires that Heidegger first address the historicism and "ontological forgetfulness" prevailing in historical consciousness and historiography, in (...) order to begin thinking towards the possibility of another epoch of being, releasing us from the injustice that is inherent in the ontology that rules in the present historical dispensation. Although Heidegger avoids moral prescription, he cannot avoid critical entanglement in the moral-juridical sense of justice, despite his claims and protestations, since, as his own account of the fragment implies, justice and ontology must be inseparable. Reading Heidegger's commentary in relation to Benjamin's philosophy of history, I argue that Heidegger's reflections on justice suggest a narrative of tragic hope that resembles Benjamin's configuration of justice in his reading of the Baroque mourning-play, where the hopelessly fragmented and imperiled image of justice is revealed as emerging from a Leidensgeschichte fatefully bound up in the continuum of a Schuldgeschichte. (shrink)

The historical variation of scientific knowledge has lent itself to the development of historical epistemology, which attempts to historicize the origin and establishment of knowledge claims. The questions I address in this paper revolve around the historicity of the objects of those claims: How and why do new scientific objects appear? What exactly comes into being in such cases? Do scientific objects evolve over time and in what ways? I put forward and defend two theses: First, (...) the ontology of science is so rich and variegated that there are no universally valid answers to these questions. Second, we need a pluralist account of scientific objects, a pluralist metaphysics that can do justice to their rich diversity and their various modes of being and becoming. I then focus on hidden objects, which are supposed to be part of the permanent furniture of the universe, and I discuss their birth and historicity: They emerge when various phenomena coalesce as manifestations of a single hidden cause and their representations change over time. Finally, I examine the conditions under which an evolving representation may still refer to the same object and I illustrate my argument drawing upon the early history of electrons. (shrink)