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)

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)

In this paper, I argue that a principle of rectification for past wrongdoings could and should be added to Rawls's Law of Peoples on the ground that unrectified past injustice undermines the notion of equality of peoples. I base this work on a conception of rectification that includes apologies as well as economic compensation, and I focus on the step of compensation. To do so, I briefly discuss how the maximin decision rule can adapt to the second original position. To (...) address the compatibility of rectificatory justice with Rawls's work, I focus on the strains of commitment and consider Rawls's account of peoples' fundamental interests. Rawls's conception of international justice needs to be responsive to peoples' fundamental interest in equality, which calls for proper protection of their means of self‐respect. Although the moral imbalance stemming from past injustice is overlooked in The Law of Peoples, I show that Rawls's theoretical framework can ground a principle of rectification. (shrink)

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)

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 chapter makes the argument that the origins of restorative justice are to be found in the Aristotelian notion of “επανορθωτικόν δίκαιον” (corrective or rectificatory justice). A linear historical approach to the Aristotelian theory of justice was avoided. Instead, we argue that certain aspects of this school of thought are reflected in contemporary restorative justice discourse. The concepts of ‘fairness’, justice’, ‘equity’, ‘restoration’, ‘punishment’, ‘responsibility’ and ‘polis’ are the common places (κοινοί τόποι) where Aristotle (...) and restorative justice theories meet. These ‘τόποι’ help us reflect on the roots of restorative justice, (re)define its values and help us (re)position RJ within the worlds of theory, research and practice. (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 (...) class='Hi'>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 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)

This paper addresses the question of whether astatute of limitations on injustice is morallyjustified. Rectificatory justice calls for theascription of a right to rectification once aninjustice has been perpetrated. To claim amoral statute of limitations on injustice is toclaim a temporal limit on the moral legitimacyof rights to rectification. A moral statute oflimitations on injustice establishes an amountof time following injustice after which claimsof rectification can no longer be valid. Such astatute would put a time limit on the (...) life ofall moral rights to rectification. Sinceascribing a right to rectification for aninjustice is a requirement of justice, andsince the temporal limit called for by astatute of limitations on injustice is aconstraint on that requirement, the idea of astatute of limitations on injustice is morallyjustified only if we have good reasonsfor accepting this constraint. I argue that theidea of a moral statute of limitations oninjustice is not justified, since we lackgood reasons for imposing the constrainton justice it requires. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is (...) concerned with whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

The debate concerning the legitimacy of awarding reparations for historical injustices focuses on the issue of finding a proper moral justification for granting reparations to the descendants of the victims of injustices which took place in the remote past. Regarding the case of Romanian communism as a more recent injustice, and analyzing the moral problems entailed by this historical lapse, within this paper I argue that overcoming such a legacy cannot be carried out, as in the case of historical injustices (...) situated more remotely in time, through the means of selective reparations, such as restitutions or compensations. For, even though they are justified from the perspective of rectificatory justice, selective reparations do not fulfill the requirements of social justice. Rather, I argue that the fall of the Romanian communist regime should have been followed by an equal distribution of all properties illegitimately seized by the state, to all adult Romanian citizens at that time, in order to attain the imperative of equal distribution of property among all citizens. The equal distribution thesis is the only way through which the Romanian society could have complied, at that moment of political and social renewal, with the requirements of justice. I also aim at explaining why other principles of justice, which either have or could have been implemented, cannot be properly justified. Finally, I analyze two main objections which could be invoked against my thesis, namely the economic efficiency objection and the legal realist objection. (shrink)

This paper addresses the question of whether a statute of limitations on injustice is morally justified. Rectificatory justice calls for the ascription of a right to rectification once an injustice has been perpetrated. To claim a moral statute of limitations on injustice is to claim a temporal limit on the moral legitimacy of rights to rectification. A moral statute of limitations on injustice (hereafter MSOL) establishes an amount of time following injustice after which claims of rectification can no (...) longer be valid. Such a statute would put a time limit on the life of moral rights to rectification. Since ascribing a right to rectification for an injustice is a requirement of justice, and since the temporal limit called for by a moral statute of limitations on injustice is a constraint on that requirement, the idea of a statute of limitations on injustice is morally jutified only if we have good reasons for accepting this constraint. In “The Morality of a Moral Statute of Limitations on Injustice” I argued that neither the best arguments then extant in the philosophical literature, nor the arguments I proposed in favor of a MSOL, succeed in providing good reasons for accepting the idea as morally legitimate. I concluded, therefore, that a MSOL is not justified. Several discussions that have emerged since then suggest some support for a MSOL. My aim in this paper is to show that a MSOL remains unjustified by showing that none of the arguments arising from these discussions succeed. (shrink)

This book aims to help answer two questions that Western philosophy has paid relatively little attention to - what is injustice and what does justice require when injustice occurs? Injustice and Rectification offers a taxonomy of justice, which sets forth an initial framework for a moral theory of justice and focuses on framing a conception of rectificatory justice. The taxonomy is ground for this book's eleven other essays, in which a diverse group of authors brings (...) philosophical analysis to bear on the idea of injustice itself and on some important conceptual and normative issues concerning the rectification of injustice. (shrink)

This paper argues that rectificatory justice should supplement distributive justice in allocating priority of access to scarce medical resources. Where a patient is at fault for the scarcity of healthy organs a principle of restitution requires that she should give priority to the faultless. Such restitution is non-punitive, and is akin to reparation in civil law, not criminal law. However, it is doubtful whether such a principle can be fairly applied within the present culture of governmental complicity (...) in cigarette advertising. (shrink)

Many individual sentient wild animals are vulnerable to anthropogenic climate change. In this article, I suggest that animal ethicists who take sentient animals’ moral status seriously are likely to agree that, other things being equal, we have moral responsibilities to assist wild animals made vulnerable to climate change. However, I also argue that these ethicists are likely to diverge in terms of the strategies they believe would actually fulfil such moral responsibilities, depending on whether their primary concern is rectificatory (...) justice or duties of beneficence. To support this argument, I consider three plausible strategies for helping wild animals vulnerable to climate change: rescue and rehabilitation, habitat restoration, and assisted migration. I argue that different theoretical approaches to animal ethics are likely to diverge on aspects of all these strategies. These differences mean that the process of creating wide agreement among animal ethicists on climate adaptation strategies to assist vulnerable wild animals faces significant hurdles. (shrink)

: My aim in this essay is to remove some of the rubbish that lies in the way of an appropriate understanding of rectificatory compensation, by arguing for the rejection of the counterfactual conception of compensation. Although there is a significant extent to which contemporary theorists have relied upon this idea, the counterfactual conception of compensation is merely a popular assumption, having no positive argument in support of it. Moreover, it can make rendering compensation impossible, and absurd notions of (...) compensation can result from its use, results that may themselves constitute injustices. This latter difficulty is most troubling when the CCC is employed in large compensatory cases like the case of rectificatory compensation for the descendants of American slaves. I want to suggest that, taken together, the difficulties with the CCC yield sufficient reason for rejecting it as an acceptable rectificatory notion. (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 article defends the idea of applying principles of corrective justice to the matter of climate change. In particular, it argues against the excusable ignorance objection, which holds that historical emissions produced at a time when our knowledge of climate change was insufficient ought to be removed from the equation when applying rectificatory principles to this context. In constructing my argument, I rely on a particular interpretation of rectificatory justice and outcome responsibility. I also address the (...) individualism objection by showing why we should view states as relevant agents of climate change. This argument is built on the assumption that states are institutions set up to coordinate and regulate human interaction, so as to protect their citizens from the unwanted consequences of such interaction. (shrink)

This paper examines whether the prospect of compensation may render otherwise disproportionate harms proportionate. It argues that we should reject this possibility. Instead, it distinguishes duties of compensation as a requirement of rectificatory justice from a harm’s degree of compensability, and argues that only the latter is relevant to proportionality. On this view, failing to compensate constitutes a distinct wrong, while harms that are not adequately compensable carry extra weight in proportionality calculations. This explains how the prospect of (...) compensation affects permissions to harm, without relying on the dubious assumption that disproportionate harms may be rendered proportionate by future compensation. (shrink)

This chapter develops an alternative defence of the climate debt claim via a broader discussion of how historical wrongdoing concerning natural resources could be relevant to climate justice. It first examines climate change as a problem of global justice, arguing that theorists should consider why some groups are more vulnerable to climate impacts than others and to what extent unequal vulnerability could be a result of historical injustice. Focusing on colonial resource exploitation as a significant example of natural (...) resource injustice, it is argued that the legacies of such exploitation will likely be a significant contributor to present-day vulnerability in countries that have since gained formal independence. Such legacies have important implications for our understanding of climate vulnerability; render some climate duties a matter of rectificatory justice, vindicating the climate debt claim; and provide an important lesson in how similar wrongs could be perpetrated through future climate policies. (shrink)

At the end of a paper on international research ethics published in the July-August 2010 issue of the Hastings Center Report, London and Zollman argue the need for grounding our duties in international medical and health-related research within a broader normative framework of social, distributive, and rectificatory justice. The same goes for Thomas Pogge, who, in a whole range of publications during the past years, has argued for a human-rights-based approach to international research. In a thought-provoking paper in (...) the June 2010 issue of the American Journal of Bioethics, Angela J. Ballantyne argues that “the global bioethics priority” in medical and health-related research ethics today is how to do research fairly in an unjust world. (shrink)

This paper sketches elements of a theory of the ethics of autonomised harming: the phenomenon of delegating decisions about whether and whom to harm to artificial intelligence (AI) in self-driving cars and autonomous weapon systems. First, the paper elucidates the challenge of integrating non-human, artificial agents, which lack rights and duties, into our moral framework which relies on precisely these notions to determine the permissibility of harming. Second, the paper examines how potential differences between human agents and non-human, artificial agents (...) might bear on the permissibility of delegating life-and death decisions to AI systems. Third, and finally, the paper explores a series of resulting complexities. These include the challenge of weighing autonomous systems’ promise to reduce harm against the intrinsic value of rectificatory justice as well as the peculiar possibility that delegating harmful acts to AI might render ordinarily impermissible acts permissible. By illuminating what happens when we extend normative theory beyond its traditional boundaries, this discussion offers a starting point for assessing the moral permissibility of delegating consequential decisions to non-human, artificial agents. (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)

The volume aims to clarify and argue in support of the distinction between ideal and nonideal theory, as it is defined and used especially by (some of) the political philosophers working on the topic of social justice. In the process of trying to achieve this aim, the volume proposes, as well, a series of analyses concerning the other major problem raised by the ideal-nonideal distinction in political theory: the problem of the soundness of ideal theory as a method of (...) specifying the concept of justice and/or as a guide for political action, institutions and policies. Except for the foreword (which sets its scene and explorative framework) and the afterword (which concludes its argumentative approach and reminds some of its key explanations and observations), the volume is organized in three chapters. The first chapter discusses John Rawls` view on the distinction between ideal and nonideal theory. Its basic intention is to clarify, assess and synthetize the main claims and theses specific to the Rawlsian outlook. This analysis is followed, in the second chapter, by an investigation of the main post-Rawlsian contributions to the project of clarifying the ideal-nonideal distinction in theorizing justice. The third chapter rejects the claim according to which the distinction between ideal and nonideal theory is unjustified or, at least, not categorical. Based on its argumentative and explanatory undertaking, the book proposes the following simple definition of the ideal-nonideal distinction in theorizing justice: ideal theory is the theory aiming to offer an (adequate) answer to the question “what is social justice?”. In other words, ideal theory is the theory of defining or specifying the concept of social justice. Nonideal theory is, instead, the area of academic research interested in answering (and bound to answer) all the other imperative questions about justice and injustice: „is social justice an achievable ideal here and now?”, „which are the best policies in correcting or mitigating the current social injustices?”, „which is the most appropriate strategy for achieving the institutional design that best realizes the principles of justice?”, „in what way are the duties of justice affected when the others fail to conform to these duties?”, „which are the requirements of retributive justice?” or „which are the principles of rectificatory justice?”. (shrink)

A separatist conflict has been ongoing in India-administered Kashmir since 1989. Focusing on this region, this book critiques the existing normative theories of secession, and offers a comprehensive examination of the right of sub-groups to secede. The book looks at the different accounts of the moral right to secede, and assesses both the theories themselves as well as the claims of those who want to separate Kashmir from India. Included within this analysis are the three main types of normative theory (...) that ground the right of groups to secede in principles of national self: determination, consensual governance and rectificatory justice. Previous studies have discussed the causes behind the uprising in Kashmir against Indian authority and examined some of the legal and geo-political implications of the conflict for India and the wider region. This book provides a new way of looking at the Kashmir dispute, by asking what these theories tell us about Kashmir, and in turn what the example of Kashmir allows us to learn about these theories. It is of interest to students and scholars of South Asian Politics and International Relations. (shrink)

This essay diagnoses systemic interconnections between COVID-19 pandemics, anti-Black racism, and the intensification of digital capitalism. By drawing on Charles Mills’ rectificatory justice and Hannah Arendt’s reflections on understanding and action, it argues that the role of philosophy lies in safeguarding racial justice and understanding against the hegemony algorithmic governmentality.

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)

The idea that cheaters cannot (really) win in sports persists among philosophers, mainly due to the lingering influence of Bernard Suits’ logical incompatibility thesis. In this article I explain why the thesis does not apply to sports. I argue that the question whether cheating can be prohibited in sports is empirical rather than analytic, as is the case for games subject to the thesis. Thus, sports rules do not make cheating impossible and since game officials cannot always detect cheating and (...) punish cheaters, cheating is a part of sports and cheaters sometimes win. Even if advances in technology made it impossible for cheaters to evade detection, since in-game officials will never know whether their attempts to provide restorative justice to those victimized by acts of cheating are successful, and since cheaters exploit this fact, it follows that not only is cheating a part of sports, but it always will be. (shrink)

Artikeln tar sin utgångspunkt i två aktuella exempel på krav på historisk rättvisa efter kolonialismen: forna Mau-Mau-kämpars krav på gottgörelse för britternas övergrepp på 1950-talet och hererofolkets krav till Tyskland på gottgörelse för det folkmord som ägde rum 1904–1907. Dessa exempel aktualiserar frågan om historisk rättvisa. Vad innebär historisk rättvisa? Vilka krav på historisk rättvisa är berättigade att ställa? Hur lång tid efter övergrepp och våld finns det skäl att kräva gottgörelse? Kan kraven ärvas till efterkommande generationer? Vem bör gottgöra (...) dem som drabbats? Dessa frågor måste besvaras för att man skall kunna ta ställning till krav på gottgörelse och rättvisa. Syftet med denna artikel är att identifiera och söka besvara en rad frågor som krav på gottgörande rättvisa efter kolonialismen ställer. Avslutningsvis diskuteras kraven från Mau-Mau-kämparna som var internerade i brittiska läger och hererofolkets krav på kompensation från Tyskland.Nyckelord: Gottgörande rättvisa, kompensation, kolonialism, herero, Mau-Mau, global rättvisa, historisk rättvisaEnglish summary: The Meaning of Historical Justice after ColonialismRecently, four Kikuyus and former Kenyan Mau-Mau fighters claimed compensation for castration, torture and rape committed in the British detention camps in the 1950s. Also recently, representatives of the Herero people went to Berlin to bring home skulls that Germans brought to Berlin after the genocide at the beginning of the Twentieth Century. The detentions and abuses of Kikuyu and the genocide of the Herero people are just two examples of offenses carried out by European nations during colonialism. Do these offenses have any reverberations today? Should we simply forget about the deeds that happened such a long time ago or do they raise any legal or moral questions?The concept of justice has two dimensions, distributional and rectificatory. This article focuses on the meaning and implication of rectificatory justice for historical wrongs. The simple idea that if A is harming B, A has to correct her act, i.e. the basic idea of rectificatory justice, presupposes a line of complicated assumptions when it is applied to specific historical incidences, for example colonialism.A model provides a basis for an explication of rectificatory justice. It is then applied to a discussion of rectification after colonialism. The questions of who can rightly claim rectification and who owes rectification, if there are temporal limitations to rectification and what rectification after colonialism would imply are discussed. The article ends with an explication of the meaning of rectificatory justice, an argumentation for why rectificatory justice is commendable and an assessment of the demands of the Mau-Mau-fighters and the Herero. (shrink)

A theory of political corruption must give a plausible descriptive account of what counts as politically corrupt conduct, and a plausible normative account of the reasons why (if any) such conduct is wrongful, and distinctively so. On Ceva and Ferretti's sophisticated descriptive and normative account of corruption if and only if the act is carried out by a public official acting in her capacity as officeholder, and she knowingly acts to ends which are not congruent with the terms of her (...) mandate. By their own admission, Ceva and Ferretti focus for the most part on just, or nearly just, regimes – which include democratic regimes. In this paper, I probe the strength and implications of their account for political corruption in clearly unjust regimes, in which individuals’ basic civil, political and socio-economic rights are routinely and systematically violated. I argue that their account does not straightforwardly apply to these cases, and that their cursory treatment of all-things-considered justified corruption in those regimes exposes a gap in their account of corruption. (shrink)

On the basis of Waldron’s supersession thesis, this article discusses the historical injustice argument and contends that in order to evaluate moral claims for restitution of territorial titles it is important to consider the legitimate expectations of citizens that have been formed historically and have been sanctioned by the state through institutional mechanisms of stabilization of expectations. The legitimate expectations of citizens form normative demands that cannot be disregarded when rectifying historical injustices. In his arguments in favour of the supersession (...) thesis, Waldron does not give sufficient attention to the concept of ‘legitimate expectation’, even though the thesis is reinforced by this reference. Unlike exclusively restitutive and rectificatory measures, this paper relies on _present considerations_ of the consequences of past injustices, all within the framework of a theory of justice. In this sense, compensation deals with the past, but in a forward-looking way. (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)

This paper illuminates a typically obscured ground for rectificatory obligations: harms justified as ‘lesser evils.’ Lesser-evil harms are not the result of overall morally prohibited acts but of acts permissibly carried out to prevent significantly greater harm. The paper argues that harms caused as unintended side effects of acting on lesser-evil justifications, notably in military rescue operations, may give rise to claims to compensation, even if (1) the military acts that caused the harms in question were justified on lesser-evil (...) grounds and (2) the victims in question are no worse off as a result; they may even owe their survival to the act of rescue. The paper defends three claims. First, being better off as a result of a harmful rescue than one would otherwise have been does not preclude claims to be compensated for harms suffered as a side effect. Second, identifying the relevant counterfactual for purposes of compensatory justice is sometimes a prescriptive, rather than a descriptive, matter. Rather than relying on empirical speculations about what _would_ have happened had a harm not occurred, we must, in certain cases, consider what agents _ought_ to have done. Finally, duties of compensation need not fall on those who caused the to-be-compensated harms. That infringing rights is permissible in certain cases does not imply that no compensation is owed, but merely that it is not necessarily rights-infringers on whom duties of compensation fall. (shrink)

In discussions about responsibility for climate change, it is often suggested that the historical use of natural resources is in some way relevant to our current attempts to address this problem fairly. In particular, both theorists and actors in the public realm have argued that historical high-emitters of greenhouse gases (GHGs) – or the beneficiaries of those emissions – are in possession of some form of debt, deriving from their overuse of a natural resource that should have been shared more (...) equitably. These accounts of what might be termed ‘natural debt’ generally focus on one particular natural resource (global GHG sink capacity); invoke a principle of justice by which rights to consume this resource should have been allocated (most commonly, equal per capita shares); and then argue that historical violations of this principle give rise to certain rectificatory duties in the present (generally, duties on the part of those who have historically consumed an excessive amount of the world’s GHG sink capacity, or who have benefitted from such excess consumption, to offer some form of compensation to those who have not – such compensation usually taking the form of emission credits or cash). Though many seem to find it intuitively plausible that historical high-emissions have incurred some form of debt, significant challenges arise in rendering the concept of natural debt both coherent and defensible. Such problems are not, however, my focus in this piece. Instead, I here suggest that discussions about historical responsibility for climate change commonly fail to recognise certain other past injustices concerning natural resources that appear to hold contemporary relevance. In particular, I argue that it is not just the unequal consumption of global GHG sink capacity that may be of moral significance here; but also the way in which the world’s resources have more generally been governed. (shrink)

This book approaches the problems and circumstances confronting blacks in the context of black values, the black community, and the role of government. ^BContents:: The Black Community's Values as a Basis for Action; The Community as Agent of Change; and The Government's Role in Meeting New Challenges.

Truth Be Told explains how truth and falsity result from relations that sentences and their constituents have to the circumstances at which they are evaluated. It offers a precise analysis of truth and a diagnosis of the Liar paradox. Current semantic theory employs generalized quantifiers as the extensions of noun phrases. The book provides simpler extensions for noun phrases. These permit intuitive compositions of truth-values and a diagnosis of the Liar and Grelling paradoxes.

Frege's thesis that each singular term has a sense that determines its reference and serves as its cognitive value has come to be widely doubted. Saul Kripke argued that since names are rigid designators, their referents are not determined by senses. David Kaplan has argued that the rigid designation of indexical terms entails that they also lack referent–determining senses. Kripke's argument about names and Kaplan's argument about indexical terms differ, but each contains a false premise. The referents of both names (...) and indexical terms are determined by reflexive senses. It is reflexive sense that makes these terms rigid designators. (shrink)