The point of departure for this paper is an argument for global rectificatory justice. The paper discusses conceptual questions and elaborates a model for rectificatory justice: X, did A, to Y, at t. Given Case P, rectificatory justice requires; X’ acknowledges the harm done to Y’ and X’ apologizes for A, X’ compensates Y´ with B, andX’ assures that the harmful acts should not be repeated and a new relation between X’ and Y’ is established.The model is (...) applied to the legacy of colonialism. Global rectificatory justice implies that there is a history of domination and exploitation behind the present unjust global relations and that colonial subjection is behind the present conditions for the global poor. Subsequently, the former colonial powers have a duty to rectify former colonies based on the premise that if you have harmed someone you are obliged to rectify. (shrink)

Individuals have various kinds of obligations: keep promises, don’t cause harm, return benefits received from injustices, be partial to loved ones, help the needy and so on. How does this work for group agents? There are two questions here. The first is whether groups can bear the same kinds of obligations as individuals. The second is whether groups’ pro tanto obligations plug into what they all-things-considered ought to do to the same degree that individuals’ pro tanto (...) class='Hi'>obligations plug into what they all-things-considered ought to do. We argue for parity on both counts. (shrink)

This paper considers the obligation higher income countries have to lower and middle income countries during a global pandemic. Further considers which reforms are needed to the global supply-chain of medical resources. The short-comings in distribution and medical infrastructure have exacerbated the health crisis in developing countries. Global justice demands radical redistribution of medical resources in order to prevent mass casualties. This is argued first by highlighting that the COVID-19 pandemic should be acknowledged as an issue of global justice, secondly, (...) higher income countries ought to account for distribution inequity as a matter of rectifying past injustices, and thirdly argue for reform in distribution while considering the vaccine rollout as a prime example. We aim to show how the differences from country to country in response capabilities are a result of the economic foundation colonialism established and a direct result of cyclical poverty, which wealthy countries perpetuate to this day. (shrink)

The discussion of global justice has mainly focused on global distributive justice. This article argues for global rectificatory justice, mainly by former colonial states in favor of former colonized peoples. The argument depends on the following premises: there is a moral obligation to rectify the consequences of wrongful acts; colonialism was on the whole harmful for the colonies; the present unjust global structure was constituted by colonialism; and the obligation of rectificatory justice is trans-generational so long as there (...) are at present identifiable beneficiaries and victims of past injustice. Although it is too demanding to ask for full compensation for 450 years of colonialism, the former colonial powers can in different ways and to the best of their efforts contribute to change the present inequalities that are the legacy of history. A theory of global rectificatory justice is complementary to a theory of global distributive justice and enables us to develop a fuller understanding of the meaning of global justice. Keywords: global justice; rectification; ethical presentism; colonialism; entitlement; reconciliation; Durban declarations; racism Citation: Ethics & Global Politics, Vol. 3, No. 2, 2010, pp. 85-99. DOI: 10.3402/egp.v3i2.1996. (shrink)

This article explores the ethical architecture of the ‘beneficiary pays’ principle, which holds that agents can come to possess remedial obligations of corrective justice to others through the involuntary receipt of benefits stemming from injustice. Advocates of the principle face challenges of both persuasion and limitation in seeking to convince those unmoved of its normative force, and to explain in which cases of benefiting from injustice it does and does not give rise to rectificatory obligations. The article (...) considers ways in which advocates of the principle might seek to win over those sceptical of its merits by employing a modified principle which sidesteps the issue of enforceability, before considering the question of whether the argument can be expanded from cases of benefiting from wrongdoing specifically to other sorts of situation where one agent involuntarily benefits from another's loss. (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)

According to the beneficiary-pays principle, the involuntary beneficiaries of injustice ought to disgorge their unjustly obtained benefits in order to compensate the victims of injustice. The paper explores the effectiveness of the above principle in establishing a robust and unique normative connection between the rectificatory duties of the beneficiaries and the rectificatory rights of the victims of injustice. I discuss three accounts of the beneficiary-pays principle according to which the rectificatory duty of the beneficiaries towards the victims (...) is grounded in (a) their duty to oppose injustice and mitigate its effects, (b) their duty to give up benefits that are causally linked to an act of wrongdoing, or (c) their duty to not sustain wrongful harm against the victims. By criticizing these accounts, I intend to highlight the complexities of articulating a distinct rectificatory duty that applies uniquely to the beneficiaries of injustice qua beneficiaries. I conclude that, while it may seem complicated to defend the beneficiary-pays principle as an independent moral principle, it is more plausible to think of it as being derivative of more general principles such as the principle of fair play. (shrink)

This article approaches world poverty from the perspective of rectificatory justice and investigates whether the global rich can be said to have special obligations toward the global poor on the grounds that they have been harming them. The focus rests on the present situation, and more specifically on Thomas Pogge's thesis of a causal link between world poverty and the conduct of present citizens (and governments) in wealthy countries. I argue that, if Pogge does not want his position (...) to boil down to an institutional version of the ‘negative causation'-thesis – according to which one can cause harm simply by failing to alleviate it – and if he wants it to be accepted by those he seeks to convince – namely right-libertarians – he must specify that it is enough for institutions to be just that they do not actively deprive their members of the means of subsistence, even if many of them still do not have the capacity to enjoy the means of subsistence. South African Journal of Philosophy Vol. 26 (3) 2007: pp. 252-270. (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)

Notions such as ‘guilt’ and ‘forgiveness’ can be defined in objective terms, but more normally have an emotional dimension that cannot be experienced by the institutions examined in this collection of articles. Nevertheless, analogs to these emotions can be discerned in the behaviour of states — and exploring these reveals important insights into what are more (and less) effective ways of responding to, and making amends for, institutional failure. In the 1990s the Western powers were engaged in dealing with a (...) sequence of crises which appeared to call for some kind of intervention — Bosnia 1991/95, Somalia 1992/3, Haiti, 1993/4, Rwanda 1994, Kosovo 1998/9 — and this essay explores the extent to which it can be said that action/inaction in one case can be related back to moral judgements of behaviour in earlier cases. What emerges is not a single narrative of guilt and rectificatory action, but two narratives focusing on different referent objects: obligations towards one's own citizens and toward the putative common good. The picture is complex, yet some significant lessons can be drawn from this analysis. One is the counter-intuitive point that a ‘guilty conscience’ may actually be more effective when the guilt in question is not attributable to the individual whose behaviour is affected, but rather is seen to be borne by the institution that he or she represents. Assuming that guilt is generated by ignorance rather than ill-will, another, more general, lesson is that better intelligence in the broadest sense of the term — including intelligence of the past moral failures of institutions — may be of more value than a (probably difficult to achieve) theory of institutional guilt. (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)

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)

This paper lists a number of puzzles for shared obligations – puzzles about the role of individual influence, individual reasons to contribute towards fulfilling the obligation, about what makes someone a member of a group sharing an obligation, and the relation between agency and obligation – and proposes to solve them based on a general analysis of obligations. On the resulting view, shared obligations do not presuppose joint agency.

The aim of this study was to explore the obligations of nurses and physicians in providing end-of-life care. Nineteen nurses and 11 physicians from a single newborn intensive care unit participated. Using content analysis, an overarching obligation of creating the best possible experience for infants and parents was identified, within which two categories of obligations (decision making and the end of life itself) emerged. Obligations in decision making included talking to parents and timing withdrawal. End-of-life obligations (...) included providing options, preparing parents, being with, advocating, creating peace and normalcy, and providing comfort. Nurses and physicians perceived obligations in both categories, although nurse obligations centered on the end of life while physician obligations focused on decision making. The findings demonstrate that, although the ultimate goal is shared by both disciplines, the paths to achieving that goal are often different. This has important implications for collaboration, communication, and improving the end of life. (shrink)

According to Wringe 2006 we have good reasons for accepting the existence of Global Collective Obligations - in other words, collective obligations which fall on the world’s population as a whole. One such reason is that the existence of such obligations provides a plausible solution a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. However, obligations of this sort would be of little interest (...) – either theoretical or practical – if they did not give rise, either directly or indirectly, to any kinds of reasons for individuals to behave in certain ways. -/- In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. My argument for this conclusion involves two steps. In the first step, I address a general question about how collective obligations can give rise to individual obligations without being reducible to them, and which obligations they give rise to. Here I give a Kant-inspired argument, based on the principles that ‘ought implies can’ and that the content of the moral law is given by reflecting on how agents should legislate in a kingdom of ends, which is designed to show that collective obligations can give rise to individual obligations. In the second step I apply this principle to the case of global forward-looking obligations. (shrink)

The term “Native Hawaiian” is often used to refer to the indigenous people of the Hawaiian islands; however, the term is itself non-Hawaiian, as is its pronunciation. The Kānaka Maoli, the “true or real persons,” are the indigenous people of Ka Pae ‘Āina O Hawai‘i (the Hawaiian archipelago). After living for centuries in these islands as a sovereign people, with a relationship to the land that is both familial and reciprocal, the last Hawaiian government was overthrown in 1893 with the (...) help of military personnel from the United States of America. Five years after the overthrow the USA annexed the islands, in spite of clear and overwhelming opposition by the Kānaka Maoli. In 1959 the majority of non-Hawaiian residents of Hawai‘i voted in the affirmative for statehood. The aim of this article is to show that the overthrow of the sovereign Hawaiian nation, the annexation of Hawai‘i by the USA, and the incorporation of these islands into the USA as its fiftieth state, are both illegal and unjust. Moreover, justice requires the restoration of a sovereign Hawaiian nation. (shrink)

This chapter contains section titled: I Legitimacy and Consent II Obligations of True Community III Integrity and Obedience IV Individuality and Community V The Universality of Obligation Acknowledgement.

The Expanse is propelled into action when James Holden does what is morally right. In our everyday world, the prospect of spending time in jail short circuits the need for moral reflection. Not so in the anarchic world of The Expanse. This chapter uses just war theory to explore the moral obligations that exist when the political order breaks down. Philosophy helps us develop a moral language for making choices and evaluating actions. Michael Walzer accounts for the compassionate behavior (...) by arguing that soldiers, through reflection, come to recognize the basic moral obligations that humans have toward one another. He discerns five philosophical principles that govern our judgments about “how to fight”—all of which suggest that, deep down, we don't really believe the old canard that “all's fair in love and war.”. (shrink)

Obligation incompatibilism is the view that determinism precludes moral obligation. I argue for the following. Two principles, ‘ought’ implies ‘can’ and ‘ought not’ is equivalent to ‘impermissi...

Anyone who ponders on existence, touches upon the whole of life. But how to ponder on that which has befallen us even before we have uttered a first word? And how do we get a grip on that which must elude us in spite of any protest against that unavoidable loss? The trilogy What obligates us raises the question about the ethical foundation of the human condition. This first part discusses the exceptional nature of human being. In their broken relationship (...) to themselves and their surroundings, humans learn of an indebtedness. From this simple truth they cannot hide without alienating their own being. (shrink)

This paper presents a justification counterpart for dyadic deontic logic, which is often argued to be better than Standard Deontic Logic at representing conditional and contrary-to-duty obligations, such as those exemplified by the notorious Chisholm’s puzzle. We consider the alethic-deontic system (E) and present the explicit version of this system (JE) by replacing the alethic Box-modality with proof terms and the dyadic deontic Circ-modality with justification terms. The explicit representation of strong factual detachment (SFD) is given and finally soundness (...) and completeness of the system (JE) with respect to basic models and preference models is established. (shrink)

Introduction -- Against political obligation -- Accommodating our plural obligations -- Against interpretive obligation to the past -- Against interpretive obligation to the Supreme Court.

In this paper I discuss a number of different relationships between two kinds of obligation: those which have individuals as their subject, and those which have groups of individuals as their subject. I use the name collective obligations to refer to obligations of the second sort. I argue that there are collective obligations, in this sense; that such obligations can give rise to and explain obligations which fall on individuals; that because of these facts collective (...) obligations are not simply reducible to individual obligations; and that collective obligations supervene on individual obligations, without being reducible to them. The sort of supervenience I have in mind here is what is sometimes called ‘global supervenience’. In other words, there cannot be two worlds which differ in respect of the collective obligations which exist in them without also differing in respect of the individual obligations which exist in them. (shrink)

When people use a resource without a co-ordinated plan the result is often a tragedy of the commons in which the resource is depleted. Many environmental resources display the characteristics of a developing tragedy of the commons. Many believe that each person is ethically obligated to reduce use of the commons to the sustainable level. I argue that this is mistaken. In a tragedy of the commons there is no reasonable expectation that individual, voluntary action will succeed. Our obligation is (...) not fruitlessly to reduce individual use, but to support a collective agreement to reduce everyone's use to the sustainable level. (shrink)

The notion of obligation of what an agent owes to himself, to others, or to society generally occupies a central place in morality. But what are the sources of our moral obligations and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a broad range of freedom to determine how and when to (...) fulfil them? The twelve essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns. (shrink)

The current prevailing view is that participation in biomedical research is above and beyond the call of duty. While some commentators have offered reasons against this, we propose a novel public goods argument for an obligation to participate in biomedical research. Biomedical knowledge is a public good, available to any individual even if that individual does not contribute to it. Participation in research is a critical way to support an important public good. Consequently, all have a duty to participate. The (...) current social norm is that individuals participate only if they have a good reason to do so. The public goods argument implies that individuals should participate unless they have a good reason not to. Such a shift would be of great aid to the progress of biomedical research, eventually making society significantly healthier and longer lived. (shrink)

Family obligation, which has an exceptionally high salience in traditional Chinese society, continues to be significant in contemporary China. In family relations in particular sentiments and practices morphologically similar to those associated with xiao remains intact in so far as an enduring set of expectations concerning age-based obligation continues to structure behavior toward others. Researchers pursuing the theme of “individualization” in Chinese society, on the other hand, argue that family obligations and filial sentiments have substantially weakened. The present paper (...) will show that under conditions of cultural and social change in China filial behavior through family obligation continues to play an important role even though the conventions associated with the relevant expectations, attitudes and emotions have undergone significant change. The paper argues that the culture-system develops not merely through an internal dynamic and that family obligation must be understood in terms of the social and material context in which it operates and the nature of the motivations and imagery of the people that practice it. (shrink)

Some obligations are conditional such that act A is morally optional, but if one chooses A, one is required to do act B rather than some other less valuable act C. Such conditional obligations arise frequently in research ethics, in the philosophical literature, and in real life. They are controversial: how does a morally optional act give rise to demanding requirements to do the best? Some think that the fact that a putative obligation has a conditional structure, so (...) defined, is a strike against its being a genuine obligation. I argue that conditional obligations are to be expected in a moral theory that has moral options. (shrink)

I explore various ways of integrating the framework for predeterminism, agency, and ability in[P.McNamara, Nordic J. Philos. Logic 5 (2)(2000) 135] with a framework for obligations. However,the agential obligation operator explored here is defined in terms of a non-agential yet personal obligation operator and a non-deontic (and non-normal) agency operator. This is contrary to the main current trend, which assumes statements of personal obligation always take agential complements. Instead, I take the basic form to be an agent’s being obligated (...) to be such that p. I sketch some logics for agential obligation based on personal obligation and agency, first in a fairly familiar context that rules out conflicting personal obligations (and derivatively, conflicting agential obligations), and then in contexts that do allow for conflicts (of both sorts). (shrink)

With the calls to decolonize the Philosophy curriculum, and the University more generally, which have seen a series of intellectual interventions in South Africa, the paper takes its cue from Nyoka’s (2020) recommendation when he suggests moving beyond merely thinking about decolonization. In reflecting on processes of decolonising the curriculum, the paper considers the successes and failures of a course taught during a global pandemic, wherein pedagogic strategies were constrained. Reflecting on a module taught in the first semester of 2021, (...) the paper thinks through the fundamental question that underpins the course, primarily:—how to develop a contextually responsive philosophical approach on the southernmost tip of the African continent. Using two primary texts, Kumalo’s Decolonization as Democratization (2021) and Jansen’s Decolonization in Universities (2019), the module analysed this question by juxtaposing, respectively, a philosophical and educational text. In this pedagogic autocritique, I reflect on ‘what obligation do intellectuals owe their students’ in a decolonising context. (shrink)

This paper examines the deontic logic of the Talmud. We shall find, by looking at examples, that at first approximation we need deontic logic with several connectives: O T A Talmudic obligation F T A Talmudic prohibition F D A Standard deontic prohibition O D A Standard deontic obligation. In classical logic one would have expected that deontic obligation O D is definable by $O_DA \equiv F_D\neg A$ and that O T and F T are connected by $O_TA \equiv F_T\neg (...) A$ This is not the case in the Talmud for the T (Talmudic) operators, though it does hold for the D operators. We must change our underlying logic. We have to regard {O T , F T } and {O D , F D } as two sets of operators, where O T and F T are independent of one another and where we have some connections between the two sets. We shall list the types of obligation patterns appearing in the Talmud and develop an intuitionistic deontic logic to accommodate them. We shall compare Talmudic deontic logic with modern deontic logic. (shrink)

This essay analyzes two contrasting conceptions of ethics set forth in Muslim fundamental theology (kalām), namely, those of the Mu'tazilites and the Ash'arites of the fourth and fifth centuries a.h. (tenth and eleventh centuries c.e.). After set- ting forth a brief statement on the already well-studied position of the Mu'tazi- lites on human actions, the author devotes the rest of this essay to the less-studied position on human actions of the Ash'arites. Of special interest is his analysis of God's creation (...) (khalq) of actions and man's performance (kasb) of them. (shrink)