The discovery that loans for the payment of slave abolition compensation had not been repaid by British taxpayers until 2015 took many by surprise. But it is the financial contribution of British A...

Some claim that a commitment to egalitarianism is in tension with support for reparations for historical injustice. This tension appears to arise insofar as egalitarianism is a forward-looking approach to justice: an approach that tells us what kind of world we should aim to build, where that world is not defined in terms of the decisions or actions of previous generations. Some have claimed that egalitarianism thereby renders reparations redundant. One popular option for egalitarians who aim to reject this thesis (...) is to insist that historical injustices demand reparations when they have caused present-day inequality. A promising alternative, skilfully defended by Alasia Nuti in Injustice and the Reproduction of History, is to argue that historical injustices stand in need of repair when they are reproduced into the present-day, such that some past and present injustices are in fact the same injustice. In this paper, I assess these egalitarian responses to the redundancy thesis. I find that Nuti’s account is equipped to reject this thesis, but that the same lines of reply can be adopted by proponents of the causal approach. I suggest that both approaches therefore be viewed as potential ways to conceptualise the relationship between historical injustice and our present normative circumstances; and that in choosing between them, we should understand ourselves to be engaged in an ameliorative project – a project that is guided by, and designed to help us to achieve, our legitimate purposes. (shrink)

Machine generated contents note: Prelude -- Introduction -- Part I: A Cabinet of Diversity -- 1. Object 1: Diversity Doesn't Work? -- 2. Object 2: Dominance -- 3. Object 3: From Wunderkammner to the Majors -- 4. Object 4: Patrol/Willy -- 5. Object 5: Accumulation/Difference that Makes No Difference -- 6. Object 6: Colorblindness/Federalist Paper no.6 -- 7. Object 7: Partition/No. 76-811: A Grievance Not of Their Making -- 8. Object 8: The Morrill Acts: "The Land Grab University" -- 9. (...) Afterthoughts -- Part II: The Constellation of Reparation -- 10. Star 1: Attempted Remedies -- 11. Star 2: Outlines of Epistemic Reparation -- 12. Star 3: How is a University like a Light Switch? -- 13. Afterthoughts -- Part III: Reparative Endeavors -- 14. Thread 1: Why Poetics? -- 15. Thread 2: Breath-Taking Landscapes: Place based interventions -- 16. Thread 3: Counter-space as the dramatization of a poetics of refusal -- 17. Thread 4: Gates/Gatekeeping -- 18. Thread 5: Unraveling Patrol -- 19. Thread 6: From Rank to Rhizome -- 20. Afterthoughts -- Acknowledgements -- Bibliography -- Notes -- Index. (shrink)

For the peoples who have inhabited, since time immemorial, the lands within the external borders of the U.S., remediation of genocide, land theft, and ethnocide is a pressing issue. However, monetary reparations would frustrate the reacquisition of the American Indian capacity to self-determine on ancestral lands. Because the injustice at the core of U.S. history is neither broadly acknowledged nor deeply understood, Part I provides historical foundation and sketches the factual predicate to the American Indian claim for redress. Part (...) II presents and evaluates theories of justice with respect to this claim. Part III counters the shortcomings of these theories with a theory, Justice as Indigenism, that propounds a program of land restoration and legislative reform that will accord the full measure of relief to American Indians consistent with the requirements of justice for all peoples. (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 history of colonization inflicts psychological, physical, and structural disadvantages that endure across generations. For an increasing number of Indigenous Australians, environmental epigenetics offers an important explanatory framework that links the social past with the biological present, providing a culturally relevant way of understanding the various intergenerational effects of historical trauma. In this paper, we critically examine the strategic uptake of environmental epigenetics by Indigenous researchers and policy advocates. We focus on the relationship between epigenetic processes and Indigenous views (...) of Country and health—views that locate health not in individual bodies but within relational contexts of Indigenous ontologies that embody interconnected environments of kin/animals/matter/bodies across time and space. This drawing together of Indigenous experience and epigenetic knowledge has strengthened calls for action including state-supported calls for financial reparations. We examine the consequences of this reimagining of disease responsibility in the context of “strategic biological essentialism,” a distinct form of biopolitics that, in this case, incorporates environmental determinism. We conclude that the shaping of the right to protection from biosocial injury is potentially empowering but also has the capacity to conceal forms of governance through claimants’ identification as “damaged,” thus furthering State justification of biopolitical intervention in Indigenous lives. (shrink)

In the face of global histories of extraction, domination and dispossession, the project of social justice requires nothing short of remaking the world system. This is the premise of Olúfẹ́mi O. Tá...

Public officials should compensate the victims of wrongful conviction and enforcement. The same considerations in favor of compensating people for wrongful conviction and enforcement in other cases support officials’ payment of reparations to the victims of unjust enforcement practices related to the drug war. First, we defend the claim that people who are convicted and incarcerated because of an unjust law are wrongfully convicted. Although their convictions do not currently qualify as wrongful convictions in the legal sense, we argue that (...) the same reasons for legally recognizing other wrongful convictions support conceiving of these cases as wrongful convictions. If so, then people who suffered wrongful convictions associated with unjust laws, like others who were wrongfully convicted, are entitled to compensation and reparation. We then argue that America’s drug laws are unjust laws. Therefore, people who were convicted of nonviolent drug offenses are entitled to compensation. (shrink)

Three studies examined how members of a national group react to in-group wrongdoings. We expected that perceived in-group moral superiority would lead to unwillingness to repair the aggression. We also expected that internal-focused emotions such as group-based guilt and group-based shame would predict specific, misdeed-related reparative intentions but not general approach motivation toward the victim groups. In Study 1, facing the in-group’s recent aggression, participants who believed that the Hungarians have been more moral throughout their history than members (...) of other nations, used more exonerating cognitions, experienced less in-group critical emotions and showed less willingness to provide reparations for the members of the victim group. Study 2 and Study 3 confirmed most findings of Study 1. Perceived in-group moral superiority directly or indirectly reduced willingness to provide either general or specific reparations, while internally focused in-group critical emotions predicted specific misdeed-related reparative intentions but not general approach motivation. The role of emotional attachment to the in-group is considered. (shrink)

This article takes up the commonplace antagonism between ‘second wave’ lesbian feminism and ‘third wave’ queer theory and politics, and argues that the antagonism itself is both historically and politically reductive. First, I make the case that ‘third wave’ queer theory actually shares its central concern – namely, accountability for intra-group inequalities – with lesbian feminism. However, I argue that ‘third wave’ queer theories ultimately founder in their bid for a more reflexive political praxis by tending to hold others – (...) lesbian feminists – accountable for ongoing inequalities rather than grappling with them directly. By contrast, I show that lesbian feminists from the late 1970s to the late 1980s developed a reparative politics that succeeds where ‘third wave’ theories stumble by developing relationships of mutual accountability around issues of race and racism, and by establishing processes by which to repair these relationships when they founder. I conclude by arguing that a fuller attention to the history of lesbian feminism, in fact, offers important resources for feminists and queers dealing with issues of intra-group marginalization, such as transphobia, in the present. (shrink)

It is commonly accepted that former European colonising states ought to make reparations for the many harmful legacies of colonialism. I defend an undertheorised case for migration as reparation for one harmful legacy of colonialism in particular, that of exploitation. Making reparations for the harmful legacy of colonial exploitation requires, among other measures, a redistribution of wealth from former colonising states to their former colonies, and for former colonising states to make symbolic reparations, acknowledging the wrong of exploitation. Often it (...) is assumed that the reparative redistribution can occur through in situ monetary transfers, and that symbolic reparations can involve measures such as apologies. But I highlight an overlooked additional option that should be added to the reparative package: migration rights. Firstly, migration would constitute material reparations, as it is well established that migration from poorer to richer states is an effective mechanism of redistributing wealth, both to the individuals who migrate, but also to those who choose not to migrate through remittances. Secondly, offering postcolonial migrants not only the right to work in their former colonising states, but substantive rights, including immediate access to public funds, would be a powerful means of making symbolic reparations, of former colonising states acknowledging that their key institutions are funded with colonially extracted wealth. (shrink)

While the principles of reproductive justice are generally agreed upon in progressive reproductive political circles, other theoretical frameworks such as reparative justice can further foster the goals of the movement. In the literature, however, reparative justice has been insufficiently explored as it relates to reproductive injustice. My concern in this essay is therefore the development of conceptual architecture for understanding reproductive justice as reparative in nature. A reparative approach to reproductive ethics importantly takes up the demand (...) to situate reproduction within ongoing historical and sociopolitical contexts. It makes transparent the harms generated by an oppressive social order and the depths to which conditions must change for reproductive justice to emerge. To construct the relationship between reparative and reproductive justice, I employ Olúfemi Táíwò’s constructivist view of reparations as an ongoing, generative, and ultimately world-building project. For, if reproductive justice is about developing enabling conditions wherein folks can control their birthing options and parent in safe and healthy environments, then a constructivist reparative approach is necessary—one which takes seriously the accumulative harms of history and their relation to transforming social structures in the present. (shrink)

This paper highlights a central feature of William James’ pragmatism to challenge the conflicting charges that his political and ethical thought amounts to either a Hamlet-like impotence or a Prome...

The renewed interest in the issue of black reparations, both in the public sphere and among scholars, is a welcome development because the racial injustices of the past continue to shape American society by disadvantaging African Americans in a variety of ways. Attention to the past and how it has shaped present-day inequality seems essential both to understanding our predicament and to justifying policies that would address and undermine racial inequality. Given this, any argument for policies designed to pursue racial (...) justice must be, at least in part, backward-looking, justifi ed partly as compensation for the effects of the wrongs of the past. However, some arguments about black reparations, both pro and con, are focused too far in the past. An unspoken assumption of much of the debate about black reparations is that these would be reparations for slavery. This, we argue, is a mistake. Racial inequality in the United States today may, ultimately, be based on slavery, but it is also based on the failure of the country to take effective steps since slavery to undermine the structural racial inequality that slavery put in place. From the latter part of the nineteenth century through the fi rst half of the twentieth century, the Jim Crow system continued to keep Blacks “in their place,” and even during and after the civil rights era no policies were adopted to dismantle the racial hierarchy that already existed. An important part of the story of racial inequality today is the history of housing and lending discrimination in the second half of the twentieth century (McCarthy 2002; 2004). Home equity, for many Americans, is a very important source of wealth, and the decades after World War II were ones of rapid home equity growth. They were the decades that saw the creation of a large, mostly suburban, middle class. But the middle class that was created was also mostly White, and this was due largely to government policies that (in many cases intentionally) excluded Blacks from the opportunities to get into the home market and benefi t from home equity growth. In this paper we argue that recent housing and lending discrimination constitutes an important basis for black reparations.. (shrink)

First, in the section ‘Telling Lies’, this article attempts to illustrate recent everyday racism. Racism has a history and takes many different forms. I describe a particular practice of racism, which relied, for its doctrine, on supposedly scientific assumptions about biology and breeding—and received a confirming fillip through the celebration of monarchy, empire and rose-tinted history. Second, in ‘Telling Tales’, the story of Zacchaeus is taken as exemplifying a form of moral repair in which telling and doing the (...) truth are intimately related. Third, in ‘Telling and Doing the Truth’, I contend that telling and doing the truth in relation to racism requires not only a clear naming of racism’s lies but also the making of reparations, for the reason that the lies of racism subtended manifold injustices, of which Atlantic slavery and the exploitation of colonies are notable instances. I take the history of the West Indies as providing a clear case where moral repair is due, and I consider the form that reparations might take. (shrink)

After watching the 2017 Charlottesville riots, Joan Wallach Scott began thinking about our standard views of history as progressive, and the culmination of progress in the Western European nation-state since the 18th century. The return of once-discredited ideas-Nazism, white supremacy, nationalism-poses serious threats to democratic institutions and values, and upends our commonly-used adages about "the judgment of history" or being "on the right side of history." The three chapters examine the Nuremberg Tribunal, South Africa's Truth and Reconciliation (...) Commission, and the movement for reparations for slavery in the U.S. Scott examines how our association of these events with the expectation that history moves in an ever-improving linear direction. Instead, Scott forces us to reassess the history of these cases, not as an appeal to how history will ultimately judge these events, but rather as a need to perpetuate the nation-state and its claims to morality. (shrink)

Demands calling for reparations for historical injustices—injustices whose original victims and perpetrators are now dead—constitute an important component of contemporary struggles for social and transnational justice. Reparations are only one way in which the unjust past is salient in contemporary politics. In my book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, I put forward a framework to conceptualise the normative significance of the unjust past. In this article, I will engage with the insightful comments and (...) try to address the concerns of the contributors to the symposium on my book. I will discuss whether and in what sense my framework incorporates past-regarding duties, how it is different from causal interpretations of the relationship between past and present injustice, whether it can carve out a greater place for blame in our thinking about responsibility for structural injustice, whether such a responsibility needs to hinge upon an account of solidarity, and how de-temporalising injustice can cast new light on immigration politics. In particular, I will stress and further clarify the importance that the notion of ‘structural debt’, which my book develops to reflect on historical responsibility, can play in thinking about what is owed to an unjust history. (shrink)

In this book Joan Wallach Scott discusses the role history has played as an arbiter of right and wrong and of those who claim to act in its name-- "in the name of history." Scott investigates three different instances in which repudiation of the past was conceived as a way to a better future: the International Military Tribunal at Nuremberg in 1946, the South African Truth and Reconciliation Commission in 1996, and the ongoing movement for reparations for slavery (...) in the United States. Scott shows how in these cases history was not only used to explain the past but to produce a particular future. Yet both past and future were subject to the political realities of their time and defined in terms of moral absolutes, often leading to deep contradictions. These three instances demonstrate that history is not an impartial truth, rather its very meaning is constructed by those who act in its name. (shrink)

From mass murder to genocide, slavery to colonial suppression, acts of atrocity have lives that extend far beyond the horrific moment. They engender trauma that echoes for generations, in the experiences of those on both sides of the act. Gabriele Schwab reads these legacies in a number of narratives, primarily through the writing of postwar Germans and the descendents of Holocaust survivors. She connects their work to earlier histories of slavery and colonialism and to more recent events, such as South (...) African Apartheid, the practice of torture after 9/11, and the "disappearances" that occurred during South American dictatorships. Schwab's texts include memoirs, such as Ruth Kluger's _Still Alive_ and Marguerite Duras's _La Douleur_; second-generation accounts by the children of Holocaust survivors, such as Georges Perec's _W_, Art Spiegelman's _Maus_, and Philippe Grimbert's _Secret_; and second-generation recollections by Germans, such as W. G. Sebald's _Austerlitz_, Sabine Reichel's _What Did You Do in the War, Daddy?_, and Ursula Duba's _Tales from a Child of the Enemy_. She also incorporates her own reminiscences of growing up in postwar Germany, mapping interlaced memories and histories as they interact in psychic life and cultural memory. Schwab concludes with a bracing look at issues of responsibility, reparation, and forgiveness across the victim/perpetrator divide. (shrink)

How to mobilize a traumatic national history on behalf of a less fractured polity? How to gain closure over a past that bifurcates the nation and establishes (at least) two national histories — history as told by the victims and by the perpetrators, now to be replaced by a history, as Mark Sanders (2003: 79) describes it, not of `bare facts but, at a crucial level, a history judged, and thus shaped, according to norms of universal (...) human rights'. How to engineer through politics the creation of new national selves, no longer pathologically attached to old and circumscribed forms of identification? These are now the critical questions confronting many elites: the overcoming of traumatic memory through various publicly mandated `technologies of the self'. To heal the nation requires the curing of the self. The politics of social repair understands itself largely through a psychologically inflected vocabulary of regret, apology, and forgiveness — the language of reconciliation. `Social cure', or reconciliation is understood as a process of social healing. In the face of traumatic ruptures in the body politic, in short, governments have sought to repair past wrongs and to heal an emotionally infirmed community. Such politics imply that societies have the capacity to repair themselves, to overcome traumatic pasts, just as an individual possesses the potential to overcome his or her own psychic trauma and fragmentation. But what evidence is there to support the claim that trauma — even for the individual — can be overcome, that history can be overridden, that forgiveness is possible? Psychoanalysis offers the most fully developed systematic body of work embracing a concept of the healing of the self. The article's aim, based upon an empirically derived (case-based) psychoanalysis, is to move toward a more robust theory of self-transformation and political reconciliation in post-traumatic communities. Thus, the article considers contemporary psychoanalytic evidence and asks of it the following questions: How is traumatic experience in the past recovered, and disabled, in the present? Is it necessary through memory to `return to the scene of the crime', in order to move beyond it? What features in the present-day therapeutic setting and in the therapeutic relationship promote healing? The objective is a grounded theory of reconciliation that includes discussion for whole societies of the role of historical recovery in social repair, the relation of the present to the past in self-constitution, and the requisite structure of the present-day reparative community to promote self-transformations. (shrink)

Relationships to time through memory or projection form a particular axis along which the post-communist space reshapes, constructs and understands its identity. Caught between a public rejection of the communist past and a need for roots in the recent past, if only for narrative reasons, and cornered by the near future in the name of transition, the postcommunist societies face a dilemma in their search for identity. The weight of this dilemma can be directly measured by the level of consensus (...) around the passing of certain ‘reparation’ laws, such as the restitution of nationalised property or ‘lustration’, however it can also be seen in other public debates. This sheds light on the difficulties that a society may experience in adopting a collectively-accepted narrative, which then forms the basis on which it constructs its identity. (shrink)

As a tribute to Marie-Agnès Cathiard, this opening text which aims to recount the story of a journey and researcher’s commitment places her work around the major themes that structured it. “From the body of speech to imagined bodies”, its contributions and experimental investigations, attentive to the innovations of neuroscience, have influenced the center’s policy in terms of anthropological research, breaking down innovative avenues, particulary on the imagination of the brain and the amputated body. Her contributions have enabled the conjunction (...) between cognitive sciences and research on the imagination, between biology and culture. Her work has rethought mental images in the light of neurology. They considered the connectomes of the imagination associated with certain image complexes (levitation, alien presence). They compared the contributions of neuroscience to the most ancient mythological phenomenologies, developing a transalpine neurocognitive anthropology. Marie-Agnès’research has opened the way to a neural status of the imagination, a real epistemological upheaval. This reconstruction enterprise, more narrative than conceptual, nevertheless allows us to underline the importance of her pioneering work in cortical mapping. Being part of the lineage of Gilbert Durand whose hypotheses she corroborates (primacy of images in cognitive operations, biological rooting of images), she has made it possible to take a new look at this heritage and to breathe new life into it. (shrink)

This article explores intergenerational justice and its connection to historic justice and reparations. It includes both the post-war period, and the abolition of the transatlantic slave trade, as case studies.

What was distinctive about the evil of the transatlantic slave trade and New World slavery? In what ways can the present seek to rectify such historical wrongs, even while recognizing that they lie beyond repair? Irreparable Evil explores the legacy of slavery and its moral and political implications, offering a nuanced intervention into debates over reparations. David Scott reconsiders the story of New World slavery in a series of interconnected essays that focus on Jamaica and the Anglophone Caribbean. Slavery, he (...) emphasizes, involved not only scarcely imaginable brutality on a mass scale but also the irreversible devastation of the ways of life and cultural worlds from which enslaved people were uprooted. Colonial extraction shaped modern capitalism; plantation slavery enriched colonial metropoles and simultaneously impoverished their peripheries. To account for this atrocity, Scott examines moral and reparatory modes of history and criticism, probing different conceptions of evil. He reflects on the paradoxes of seeking redress for the specific moral evil of slavery, criticizing the limitations of liberal rights-based arguments for reparations that pursue reconciliation with the past. Instead, this book argues, in making the urgent demand for reparations, we must acknowledge the fundamental irreparability of a wrong of such magnitude. (shrink)

John Arthur philosophically addresses the problems of racism and the legacy of past racial discrimination in the United States. Offering a thorough analysis of the concepts of race and racism, Arthur also discusses racial equality, poverty and race, reparations and affirmative action, and merit in ways that cut across the usual political lines. A philosopher, former civil-rights plaintiff and professor at an historically black college in the South, Arthur draws on both his personal experiences as well as his rigorous philosophical (...) training in this account. His conclusions about the meaning of merit, the defects of affirmative action, the importance of apology, and the need for true equality deal productively with one of America's most vexing problems. His book is also relevant to any society struggling with racial differences and past injustices. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the popularity (...) of backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

One of the justifications offered by European imperial powers for the violent conquest, subjection, and, often, slaughter of indigenous peoples in past centuries was those peoples’ violation of a duty of hospitality. Today, many of these same powers—including European Union member states and former settler colonies such as the United States and Australia—take increasingly extreme measures to avoid granting hospitality to refugees and asylum seekers. Put plainly, whereas the powerful once demanded hospitality from the vulnerable, they now deny it to (...) them. This essay examines this hypocritical inhospitality of former centers of empire and former settler colonies and concludes that, given that certain states accrued vast wealth and territory from the European colonial project, which they justified in part by appeals to a duty of hospitality, these states are bound now to extend hospitality to vulnerable outsiders not simply as a matter of charity, but as justice and restitution for grave historical wrongs. (shrink)

In many ways, we live in propitious times for gay and lesbian people. In 1996, the Supreme Court struck down Colorado law prohibiting any kind of protected status based on sexual orientation. In 2003, the Supreme Court held that states may not criminalize sexual conduct between consenting adults of the same sex in private, so long as no money changes hands. In 2010, the Congress repealed the “Don't Ask, Don't Tell” policy that excluded openly gay men and lesbians from military (...) service. In 2013, the Supreme Court struck down key elements of the Defense of Marriage Act that prohibited any federal recognition of same‐sex marriage. Most states do not allow same‐sex marriage, but more and more states are joining the fold. Likewise, most U.S. states do not forbid discrimination based on sexual orientation, but the number that does is increasing. Arguably, no other social minority has made as much legal progress in so short a time. Despite these advances, the story of gay and lesbian people and the law is not yet finished, and the meaning of homosexuality for bioethics is still being written too. Concerns about gay and lesbian people remain important to bioethics in key domains, especially in seeing to the conferral of optimal health care benefits and in sorting through the priorities and social effects of research. Progress in these domains still involves lifting certain burdens of medical and social misjudgments about same‐sex attraction. (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)

Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make (...) reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future. (shrink)

This essay investigates Gadamer's hermeneutic theory and its application to theatre. Attention to Gadamer's views of theatre and performative interpretation provides a foundation to theorize a more sustainable canon. Classics that constitute a sustainable canon operate within a tradition through a community of interpretation that continually returns to interpret them anew. This structure also describes the theatrical repertoire. Several of Gadamer's central themes find easy analogues on stage: play, the history of effect (Wirkungsgeschichte), the participation of an audience in (...) the fusion of horizons, and art's making present continuity the past. Gadamer provides a framework for understanding the work of interpretation of a dramatic text as a shared participatory event. In particular, Gadamer's hermeneutic theory can make sense of the how performance history makes discoveries that "sticks" to a script, particularly as when and how it enters and influences the canon. Gadamer's hermeneutics help to interpret how innovative performance choices and stage spectacle are part of a play's meaning; these interpretive interventions in drama's reception history are significant and not simply ornamentation to some "truth of the play" accessed only via the reenactment of the original compositional context. Occasional reparative interpretations of the canon, in turn, help to sustain the community. (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)

It is widely agreed that because animals feel pain we should not make them suffer gratuitously. Some ethical theories go even further: because of the capacities that they possess, animals have the right not to be harmed or killed. These views concern what not to do to animals, but we also face questions about when we should, and should not, assist animals that are hungry or distressed. Should we feed a starving stray kitten? And if so, does this commit us, (...) if we are to be consistent, to feeding wild animals during a hard winter? In this controversial book, Clare Palmer advances a theory that claims, with respect to assisting animals, that what is owed to one is not necessarily owed to all, even if animals share similar psychological capacities. Context, history, and relation can be critical ethical factors. If animals live independently in the wild, their fate is not any of our moral business. Yet if humans create dependent animals, or destroy their habitats, we may have a responsibility to assist them. Such arguments are familiar in human cases-we think that parents have special obligations to their children, for example, or that some groups owe reparations to others. Palmer develops such relational concerns in the context of wild animals, domesticated animals, and urban scavengers, arguing that different contexts can create different moral relationships. (shrink)

Hugh of Saint-Victor's De Sacramentis is usually regarded as an early summa of theology. As such it has been regarded as not totally satisfying, lacking a clearness of its conceptual system when compared with the work of e.g. Peter the Lombard. What may make up for this lack of system and even confer coherence, be it on a different level, is Hugh's pedagogical view of creation and salvation history, as it shows most clearly in his tropological digressions. In his (...) exposition of the history of salvation as it unfolds since the very beginning, Hugh incorporates the process by which the monk can not only follow the story of the macrocosm, but at the same time can read his self into being, allowing recognition of ambivalence from the start, and thus presenting a multi-demensional view of being human. In the same way as, on the cosmic level, any pre-lapsarian state of innocence exhibits a flaw from the very beginning, so the life of man is in a permanent state of ambiguity. This ambiguity is the framework for man as a moral being. Only within the possibility of choice can man be just or happy, without choice justus and beatus have no real significance. Matters are shown to be even more complicated when, in the story of Eve Hugh draws attention to her doubtful interpretation of God's command, as a factor which precedes her choice. In this way, De Sacramentis is not only a doctrina in our sense of the content of Christian dogma, but it offers the monk a point to which he can attach and conform his intentio: by bringing his intentio in form with the story about creation and fall and reparation, the reader can in fact effect the necessary reparatio, consisting of knowledge of truth and love of virtue. (shrink)

Governments today often apologize for past injustices and scholars increasingly debate the issue, with many calling for apologies and reparations. Others suggest that what matters are victims of injustice today, not injustices in the past. Spinner-Halev argues that the problem facing some peoples is not just the injustice of the past, but that they still suffer from injustice today. They experience what he calls enduring injustices, and it is likely that these will persist without action to address them. The (...) class='Hi'>history of these injustices matters, not as a way to assign responsibility or because we need to remember more, but in order to understand the nature of the injustice and to help us think of possible ways to overcome it. Suggesting that enduring injustices fall outside the framework of liberal theory, Spinner-Halev spells out the implications of arguments for conceptions of liberal justice and progress, reparations, apologies, state legitimacy and post-nationalism. (shrink)

Spinoza shares with almost all apologists for forgiveness the idea that laying down one’s resentment of a wrong, contempt for a wrongdoer, and overcoming “bondage” to hatred, must be a primary ethical aim. Yet he denies that doing so authorizes pardoning a penitent wrongdoer. He argues that in civil society, it is actually a matter of charity and piety to collude in punishing a wrongdoer—dragging the wrongdoer before a judge, but not “judging” him oneself. I argue that Spinoza offers no (...) warrant to pardon whatever for those not authorized under civil law to punish. But I argue that the response to others’ hatred and deceit that Spinoza urges his reader to cultivate in Ethics 5p10, along with his argument that one may ‘turn the other cheek’ under conditions of oppression, where no sovereign power prosecutes claims of justice, mandates a broader emergent and reparative view of forgiveness. (shrink)

In this paper, I explore how theorists might navigate a course between the twin dangers of piety and excess cynicism when thinking critically about state apologies, by focusing on two government apologies to indigenous peoples: namely, those made by the Australian and Canadian Prime Ministers in 2008. Both apologies are notable for several reasons: they were both issued by heads of government, and spoken on record within the space of government: the national parliaments of both countries. Furthermore, in each case, (...) the object of the apology – that which was apologized for – comes closer to disrupting the idea both countries have of themselves, and their image in the global political community, than any previous apologies made by either government. Perhaps as a result, both apologies were surrounded by celebration and controversy alike, and tracing their consequences – even in the short term – is a difficult business. We avoid excessive piety or cynicism, I argue, when we take several things into account. First, apologies have multiple functions: they narrate particular histories of wrongdoing, they express disavowal of that wrongdoing, and they commit to appropriate forms of repair or renewal. Second, the significance and the success of each function must be assessed contextually. Third, when turning to official political apologies, in particular, appropriate assessment of their capacity to disavow or to commit requires that consider apologies both as performance and as political action. While there remain significant questions regarding the practice of political apology – in particular, its relationship to practices of reparation, forgiveness and reconciliation – this approach can provide a framework with which to best consider them. (shrink)

Recent events have proved that colonialism has left indelible prints in history. In 2013, the British Foreign Secretary apologized and promised compensation for the atrocities in Kenyan detention camps in the 1950s and the same year the heads of governments of the Caribbean Community issued a declaration demanding reparation for the genocide of indigenous populations and for slavery and the slave trade during colonialism. The discussion and literature on global justice has mainly focused on distributive justice. What are the (...) implications of colonialism for a theory of global justice today? What does rectificatory justice mean in the light of colonialism? What does global rectificatory justice require in practice? This book seeks the answers to these questions. (shrink)

The concept of transitional justice has been widely discussed inThailand following the massacre of the Red Shirt protesters in 2010, whichresulted in the highest death toll resulting from a military action againstpolitical protestors in Thai history. The eighth anniversary of that tragedyoffers an opportunity to analyse Thailand’s response to the use of militaryviolence against these political activists. This analysis is performed throughthe application of the seven conceptual components of transitional justice:regime change, finding truth, prosecution, security sector reform, victimscenteredness,reparation, and (...) memorialization. The current study is based onan analysis of various textual sources, such as books, journal articles, newsarticles, online sources, and other documents. The evidence shows that in thecase of Thailand, as in other countries, if the first component, regime change, isnot realised such that the authoritarian regime is replaced by one that is civilianand democratic, then justice for past violence can never be established. As aresult, the remaining six components of transitional justice in Thailand havebeen applied in a distorted and incorrect manner in the past eight years. (shrink)

Le but de cet ouvrage n'est pas de présenter une généalogie conceptuelle du châtiment ni de brosser un panorama exhaustif des travaux en philosophie, en criminologie ou en droit sur les justifications de la peine. De façon plus modeste, nous avons voulu offrir au public un ensemble de travaux permettant de voir d'un peu plus près nos conceptions modernes de la justice pénale. De l'idée selon laquelle les peines sont infligées pour le propre bien des criminels à celle selon laquelle (...) tout crime mérite d'être réparé par le châtiment, en passant par le caractère préventif des peines, nos conceptions de la légitimité des peines reposent sur un certain nombre de postulats en apparence assez simples et que pour cette raison l'on hésite à remettre en cause : nécessité de l'ordre public, dette du criminel à l'égard de ses victimes et de la société, etc. L'ensemble de ces articles permet de jeter un regard critique sur la justice pénale sans prétendre pour autant vouloir la disqualifier. (shrink)

Nul n'ignore, depuis l'arrêt Branly, que l'histoire peut être objet de chicane. L'évolution des mœurs ayant transformé l'institution judiciaire en caisse de résonance propre à mettre en lumière les causes les plus obscures, cette rencontre du droit et de l'histoire ne relève plus, aujourd'hui, de l'anecdote mais du phénomène social. Il ne s'agit plus seulement de réparer l'outrage causé par le silence de l'historien négligent sur l'œuvre d'un aïeul méritant. On ne craint plus d'ériger le juge en arbitre des différentes (...) lectures possibles des événements historiques récents. Il est parfois sommé de dire si la manière dont on a rapporté ces faits est licite, c'est-à-dire conforme au droit. Comment pourrait-il échapper à cette singulière mission quand la loi elle-même encourage la " judiciarisation " de l'histoire? L'un des apports majeurs de la thèse réside dans l'examen du rôle imparti au juge et à la loi en la matière : ce qu'il est et ce qu'il devrait être. On voit ainsi émerger de cette étude une conclusion inespérée. Carole Vivant démontre une tendance constante des tribunaux à prendre en considération la spécificité du travail de l'historien et son utilité sociale. Il en résulte un allègement des contraintes juridiques susceptibles de nuire à la recherche historique. Mieux : malgré les pressions qu'il subit, malgré quelques décisions isolées qui sont l'arbre cachant la forêt, il s'avère que le juge répugne à museler la liberté de l'historien, que ce soit au nom d'un intérêt privé ou en considération d'une certaine vision de l'intérêt général. Belle leçon donnée au législateur, qui pourrait s'inspirer de cette sagesse prétorienne. P.P. Les historiens se félicitent que les conclusions de cette thèse rejoignent et confortent leurs préoccupations de préserver l'indispensable liberté de la recherche. La publication du grand travail de Carole Vivant arrive à point. R. R. (shrink)

Traditionally, transitional justice has referred to that field of theoretical scholarship that proffers recuperative strategies for political societies divided by a history of violence. Through the establishment of truth commissions, public confessionals and reparative measures, transitional justice regimes have sought to establish restorative conditions that might help reconcile historical antagonists both to each other and to the trauma of their shared past. Because of some of the theoretical lapses in this scholarship some have turned recently to the field (...) of radical democratic and ‘new pluralist’ thought – and especially to agonistic literature – to foreground a theory of post-conflict reconciliation based not on the principles of the sublimation of difference, but rather the perpetual deferral of accord. This essay works both to underscore that effort, as well as to problematize it. Through unorthodox readings of Giorgio Agamben, Jean Améry and Sheldon Wolin, the essay argues that an emphasis on messianicity as the temporal mode of political repair is ultimately less productive for what I call an agonistics of reconciliation than a more nuanced approach to what Wolin calls ‘fugitive democracy’. Where the former is allied with a problematic politics of mutual respect, the latter affirms a more germane politics of abiding resentment. In the end, a startling conclusion is drawn from reading agonistic reconciliation through Wolin: democracy may be a political experience reserved for scenes of transitional justice alone. (shrink)

Traditional justifications for state-to-state development assistance include charity, basic rights and self-interest. Except in unusual cases such as war-reparations agreements, development assistance has typically been justified for reasons such as the above, without reference to any history of injury that holds between the states. We argue that climate change entails relationships of harm that can be cited to supplement and strengthen the traditional claims for development assistance. Finally, to demonstrate the utility of this analysis, we offer a brief application (...) of our reasoning to the emerging conflict in the United Nations over the future post-2015 development agenda. (shrink)

Luego de la Conquista del Desierto, el Estado argentino impuso su ordenamiento institucional a los miembros sobrevivientes de varias comunidades indígenas. De este modo, sus instituciones fueron desplazadas. Esta es una injusticia histórica cuya reparación, en aquel tiempo, requería la restauración de la vigencia de las instituciones indígenas. Sin embargo, no estamos más en 1885 y muchas circunstancias han cambiado. Muchas personas indígenas y no indígenas viven en las mismas ciudades, tienen intereses en las mismas porciones de tierra, e interactúan (...) entre ellos en innumerables formas. Por lo tanto, debe analizarse si, bajo estas condiciones, los reclamos indígenas por recuperar su soberanía siguen siendo válidos. En este trabajo argumentaré que, debido a cambios en las circunstancias, estos reclamos tienen menos fuerza que en el pasado. Por lo tanto, la injusticia histórica no puede ser reparada del mismo modo que en 1885. No obstante, dada la historia de opresión a la que los indígenas han sido sometidos, el sistema institucional de Argentina tiene que ser reformado de manera tal que su aplicación sobre ellos sea legítima. Propongo tres medidas que contribuyen a conseguir dicho objetivo, a saber, el autogobierno para asuntos internos, la representación en el Senado y el cambio institucional por mayoría simple. -/- After the Conquest of the Desert, the State of Argentina forcibly imposed its institutional system over the surviving members of several indigenous communities. In that way, their institutions were ousted. The reparation of this historical injustice, at that time, required the reversion of the indigenous institutions. However, we are not in 1885 anymore, and several circumstances have changed. Many indigenous and non-indigenous persons live in the same cities, have interests in similar portions of land, and interact with each other in an infinite number of ways. Therefore, it should be assessed whether indigenous claims for their sovereignty to be restored are still valid. In this paper, I argue that, owed to changing circumstances, these claims have less normative force than they had in the past. Therefore, those injustices cannot be redressed in the same way as in 1885. However, I argue that due to the history of oppression indigenous people have suffered, the Argentinian institutional system has to be reformed so that its application over them not being illegitimate. I propose three measures to achieve this aim: self-government over internal affairs, indigenous representatives in the Senate, and institutional change by a simple majority of votes. (shrink)