_In the lead essay ‘What Would a Philosophy of Inheritance Look Like?,’ J. Reid Miller proposes __a broader, interdisciplinary lens to adequately comprehend how material and non-material attributes are transferred through inter-generational processes. His co-symposiasts Claire Katz, Fernando Zapata, and Didier __Zúñiga agree __that __current frames of analyses that narrow inheritance either to __biological, economic, or cultural transfer __be broadened. __Building upon Reid Miller’s proposal, Katz urges that wounds of national traumas be addressed, should the wounds not be (...) transferred to the next generation; Zapata follows Reid Miller in understanding inheritance through processes in which belongingness is bestowed, while __Zúñiga underscores that histories of domination and oppression be studied to comprehend how injustices and inequalities continue to be reproduced. In his reply, Reid Miller reiterates that multiple ways of belonging be envisioned and implemented that are able to narrate inheritances from different perspectives._. (shrink)

In this article, the authors articulate the question “From where do we speak?” They explain the status of this question and then discuss the question “From where do the authors of the document Justice in the World speak?” They identify four reference points: a pneumatologic commitment, a perception of injustice, a belief in the Gospel basis of action on behalf of justice, and a recognition of self-involvement. This part of the text has been written by Clemens Sedmak. In (...) the second part, they ask the question: “From where do we speak now?” After a few remarks on the climate crisis and the sexual abuse crisis, they focus on “the wounded sociality” of the present day. They explore the relationship between justice and this wounded sociality, taking the categories of social friendship and fraternity as points of reference (from Pope Francis’s encyclicals Laudato si’ and Fratelli tutti), and enter a conversation with three authors: Michael Sandel, Teresa Godwin Phelps, and Paul Ricoeur. This section has been authored by Mathias Nebel. (shrink)

This paper contends that Ananda Abeysekara’s notion of un-inheritance, developed via a Derridean analysis of contemporary Sri Lankan politics and society, can act as a helpful supplement to the concept of justice. What one finds in Abeysekara’s analysis is an interpretation of justice as ultimately aporetic: justice both opens up to the possibility of its ever greater concrete realization and continually defers its completion. This paper begins by examining the aporetic character of justice as articulated by (...) Derrida. It then proceeds to Abeysekara’s account, situated as it is within a largely political consideration of Sri Lanka’s multicultural heritage and the recent conflicts that have arisen there. Abeysekara offers the notion of un-heritance as a way of thinking the possibility of justice precisely when political—and also religious—traditions come to an impasse, thus recognizing the inescapably aporetic structure of justice itself. (shrink)

The article presents a study that aims to bring together the image and the word or ways of knowing through the concept of words and their respective ways to see images. Accordingly, when words are put together, phenomenological insight has been followed which does justice to lived experiences. Moreover, the author stresses the idea of the punctum in words as a wound.

This volume presents philosophical contributions examining questions of the grounding and justification of taxation and different types of taxes such as inheritance, wealth, consumption or income tax in relation to justice and the concept of a just society. The chapters cover the different levels at which the discussion on taxation and justice takes place: On the principal level, chapters investigate the justification and grounding of taxation as such and the role taxation plays and should play in the design (...) of justice, be it for a just society or a just world order. On a more concrete level, chapters present discussions of these general reflections in more depth and examine different types of taxation, tax systems and their design and implementation. On an applied level, chapters discuss certain specific taxes, such as wealth and inheritance taxes, and examine whether or not a certain tax should be favored and for what reasons as well as why it is just to target certain kinds of assets or income. Finally, this volume contains chapters that discuss the central issue of international and global taxation and their relation to global justice. (shrink)

Daniel Halliday examines the morality of the right to bequeath or transfer wealth, and argues that inheritance is unjust to the extent that it enhances the intergenerational replication of inequality, concentrating opportunities in certain groups. He presents an egalitarian case for imposition of a significant inheritance tax.

This article addresses the question of whether present day individuals can inherit rights to compensation from their ancestors. It argues that contemporary writing on compensatory justice in general, and on the inheritability of rights to compensation in particular, has mischaracterized what is at stake in contexts where those responsible for wrongdoing continually refuse to make reparation for their unjust actions, and has subsequently misunderstood how later generations can advance claims rooted in the past mistreatment of their forebears. In particular, (...) a full consideration of the wrongful character of non-rectification needs to take account of the multiplicity of temporal points at which compensation could have been, but was not, paid, each with potentially significant consequences for the victims of injustice. This has relevance for what is owed to those who have been wrongfully denied compensation for wrongs that caused them direct harm, and can be extended to others, such as their direct heirs, who are likewise affected by non-rectification. This opens the door to the endorsement of potentially extensive contemporary claims on behalf of the heirs of victims of wrongdoing. (shrink)

This paper argues that the inheritance of wealth must be grounded on reasons other than the defense of the testator’s right to bequeath or that of an heir’s alleged moral right to receive inheritance. It asserts that the accepted approach in anglophone political philosophy about the justice of inheritance along the framework of ‘justice in transfer’ is misguided. Taking _Rest_ land inheritance in Ethiopia as a case study, it defends a system of corporate ownership of land by the (...) descent group with an internal limitation put on the absoluteness of individual titles. Moreover, it submits, inheritance is permissible on reasons that (a) it must relate to preserving equality of opportunity and of a fair playing field, and (b) it ought to be predicated on a more expansive conception of kinship than is customarily accepted in Western societies. As land becomes progressively scarce, the evolution of ownership from private to family and then to corporate ownership signifies a sound interpretation of what it means to leave enough and as good for others to appropriate. (shrink)

How should we respond to injuries done to us and to the hurts that we inflict on others? In this thoughtful book, Wounds Not Healed By Time, Solomon Schimmel guides us through the meanings of justice, forgiveness, repentance, and reconciliation. In doing so, he probes to the core of the human encounter with evil, drawing on religious traditions, psychology, philosophy, and the personal experiences of both perpetrators and of victims.

Should historical injustices always be repaired? Most public institutions and present holdings reveal links to past injustices, making reparation imperative. However, what if repairing historical injustices conflicts with distributive justice demands? Through discussions of post-colonial injustices against Indigenous peoples and of the injustices committed by the Global North against the Global South, particularly in the context of climate change, this book argues that repairing historical injustices can and must be reconciled with the imperatives of distributive justice.

The aftermath of war is always messy and complicated. When should objects or resources that were unjustly taken in wartime be returned to the victims of misappropriation, or their heirs? This article advances two arguments that are intended to buttress claims for the restitution of property in general, and particularly claims advanced by the heirs of the original victims of misappropriation.

Reparative Environmental Justice in a World of Wounds examines how we can repair human and biotic relationships damaged by environmental injustice, climate change, animal exploitation, and ecological destruction by arguing for the merits of a reparative approach to environmental justice and critically assessing challenges that come with it.

The act of discrimination against the female sex is an undeniable phenomenon in virtually all human societies, though the severity varies from one society to another. It is against this backdrop that this paper is aimed at exposing the inadequate nature of the primogeniture rule of inheritance towards the female, as practised by the Esan people. The paper tests the validity of the logic on which the disinheritance of females rests, and discovers that it is invalid as it violates such (...) moral principles as the categorical imperative and utilitarianism, among others. It therefore advocates for possessive right for females for the sake of justice and equity. (shrink)

Derrida and the Inheritance of Democracy provides a theoretically rich and accessible account of Derrida's political philosophy. Demonstrating the key role inheritance plays in Derrida’s thinking, Samir Haddad develops a general theory of inheritance and shows how it is essential to democratic action. He transforms Derrida’s well-known idea of "democracy to come" into active engagement with democratic traditions. Haddad focuses on issues such as hospitality, justice, normativity, violence, friendship, birth, and the nature of democracy as he reads these deeply (...) political writings. (shrink)

Macmurray provides a conceptual and personal reference point around which we can locate a tradition of social humanism that unfolds from the British idealists to the communitarians. Some communitarian themes appear in the thought of the idealists: these include a vitalist analysis of behaviour, a 'thick' view of the person, and a positive concept of freedom defined in relation to others. Macmurray developed these themes and introduced others largely as a result of reworking idealism so as to come to terms (...) with the crisis of reason associated with the First World War. He rejected objective idealism with its concept of absolute mind for a personal idealism that incorporated an action-based metaphysics. Doing so prompted him to adopt other communitarian themes: these include an appeal to friendship and love, a contrast between society and community, and an appeal to religion to transcend the limits of justice. While contemporary communitarians have inherited much from philosophers such as Macmurray, they have also developed the tradition of social humanism. Philosophers such as Sandel, Taylor and Walzer have done so through grappling with the implications of multiculturalism for the idea of a cosmopolitan community. Ethical socialists like Tony Blair and Raymond Plant have done so through grappling with issues such as a decline in solidarity as it influences the welfare state. (shrink)

Genes are functional cell segments of DNA within an organism, as well as basic physical units of biological inheritance, which have consequences for human dignity and public interest. Genes and genetic material (DNA strands of nucleotides, genetically altered plants and animals e.g., see Appendix B) are patentable. In the US and around the globe, governments grant genetic patents for new, non-obvious, and useful gene inventions. A wide range of interest groups such as religious leaders, scientists, biotech pharmaceuticals, medical practitioners, health (...) care providers, venture capitalists, medical patients and persons have interests in defining what is subject to patents. Yet, it is at least questionable that genetic inventions, and the ownership of discoveries of gene mutations leading to possible diseases, should be subject to influence by interest groups. Although some genes (cDNA) are currently legally patentable, the question in this examination is whether gene patents should be legally and morally justified. In this work I examine whether gene patents should legally and morally be justified, given the principles of biomedical ethics such as human Beneficence /Autonomy and Justice. I argue that gene patenting is not justifiable, and I consider what can be done to create a system that delivers access to genetic information in the current genetic Intellectual Patent system. This interdisciplinary work is more complex than whether bio-science researchers and corporate entities should hold gene patents, or differentiating the legal question of whether genes are an invention or a discovery in the human genome. Mere responses to these questions would not ultimately solve the genetic justice problem. The justification for genetic appropriation is more complexity, since it is grounded in axiological claims about human dignity and public interest set in an ever changing biomedical/biogenetic technology. To address this complexity, I will draw upon the ideas of “the capability approach” to genetic justice found in the work of Nussbaum and Sen. This work is an interdisciplinary examination of the proper appropriation of natural genetic material and its impact on human dignity. It is argued that genetic material and information should be accessible to all, via heath care, for example. We must look to new ways to achieve genetic justice that promote human flourishing as a public good. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Inheriting Identity and Practicing TransformationThe Time of Feminist PoliticsShannon HoffA human life unfolds over time. No moment of it can be considered apart from the others, independently of the fact that the human being was and will be, and so no moment is sufficient on its own to tell us of the nature of that identity. Each moment is insufficient as an expression of who we are, as (...) an answer to the question of what we want to be, or as a point at which a full account of our identity could be given. And we live each moment as if afflicted by a dual blindness with regard to the past and future that lend it significance; while exercising pervasive influence in the present, this past and future are relatively inaccessible to our reflective insight. We are always “growing up,” so to speak, from out of a childhood that can never be the purely transparent object of reflection, to an adulthood or “accomplishment” of identity that is always in the mysterious future, unimaginable in the terms of the adolescence in which we find ourselves.My purpose here is to show how this issue resonates in the context of feminist philosophy, feminist critique, and feminist practice—that is, how a consideration of time and its impact on human experience allows us to highlight the accomplishments of various avenues of feminist thought, to elaborate their shortcomings in relation to each other, to perceive the reasons behind the tensions among them, and to understand the way in which they are (and should [End Page 167] be understood as) connected. I will work through the issue of what it means to live in the temporal dimensions of past, present, and future—what it means to inherit an already meaningful world, to be an individual in the present, and to be propelled into an uncertain future—so as to provide a general framework by which to interpret the history of feminist thought. I will explain these different temporal dimensions in terms of the (respective) ideas of cultivation, universality, and transformation, identifying the positive and negative significance of each and also the demand that the tensions among them be negotiated. Finally, I will show that feminist justice is in fact found here, as answerability to all three—to communities of cultivation, to the demands of universality, and to the inconclusiveness and transformability of human identity. While much feminist thinking has been committed to exploring these elements singly, in abstraction from the others, and while such work is important, it is also valuable to explicitly explore the relationships and tensions among these different aspects, to articulate how to act and think in light of this underlying conceptual context, and to do so in a more explicit and self-conscious way.There is, of course, a disadvantage to not exploring these elements on their own terms: namely, that one handles their subtleties roughly. A further and related danger is that involved in trying to draw a broad picture of a tradition with complex and conflicting elements, one that does not count itself as a tradition at times—as a “we,” a feminism, or a feminist thought.1 While I will talk about “feminism” or “feminist thought,” I do not presume that these differences do not exist; my goal is simply to explore what is involved in an elaboration of a critical interpretation of society, when the society one critically interprets is an agent in one’s formation. The description of the dynamics of human becoming, agency, and critique I develop below has the purpose of showing that it is possible to understand differences between feminist positions as complementary, a process that will lead me to underemphasize stringent divisions and charged oppositions and to focus on drawing connections. Let us turn now to a preliminary description of the conceptual framework I seek to construct.Feminism and TimeTo advance feminist purposes is, one might presume, to hope for and work toward a new and transformed reality in the future. It would seem, however, that this reality cannot be clearly envisioned in the present, since that would require the transformation of the very people envisioning it. In... (shrink)

This article aims to respond to the long-lived perceived incompatibility between care and compassion and justice in organizational literature. It is argued that principles of care and compassion and principles of justice are compatible with each other and can be integrated in organizations in such a way that both will supplement each other. Previous researches tend to view concepts of care and compassion and justice either as competing or inheriting some fundamental trade-offs. This article argues that (...) the highlighted incompatibility between care and compassion and justice is mainly due to the limited understanding about the nature of organizational justice. Care and compassion carry elements of subjectivity and are dynamic in nature, whereas literature on organizational justice has described justice as an objective, static and linear construct due to which an incompatibility between these two very important phenomena is prevailing. This incompatibility can be removed by changing the way of looking at organizational justice and by exploring its dynamic nature. (shrink)

The present proposal is an approach to the vision, cosmogony and philosophy of the Totonacapan people, and particularly with the inhabitants of the Totonacapan region in Veracruz Mexico, a town whose wisdom is manifested to this day, in the conservation of customs and traditions , as well as the hierarchy of collective desire that seeks health, well-being and peace in the region, are guides in the evolution of their cultural processes, where a closeness, respectful and deep with Mother Nature stands (...) out. This wisdom by the Council of Elders, transmitted to the new generations, by the Supreme Council of Totonacapan who seek share the basis to understand and conceive the current world, from the ancestral vision and cosmogony to identify their space, thought, spirituality and in the building your social context. In the Totonacapan region, the first pre-hispanic population concentrations were located around 1259 to 1311. Already by the year 1450, there is a record of incursions and the conquest of Totonaca territory, by the Mexica, establishing a relationship of domain and subordination. As a result of the presence of "Mexica" in the Totonaco territory, there was an imposition of customs and language, since in some areas they begin to speak in Nahuatl, resulting in the presence of a bilingualism (Nahuatl-Totonac) , situation that persists, until the encounter with the Spaniards in the year of 1519. At present, the Totonacapan region includes the area that extends from the Cazones River to the north, to the towns of Gutiérrez Zamora and Tecolutla, in the State of Veracruz in Mexico. 2 The importance of the document is that it constitutes an invitation to deepen and understand the vision of the inhabitants of Totonacapan, in the construction of their social context and their connection with nature, as part of an ancient culture, which creates and recreates their vision, in the search for the feeling of belonging and as an inheritance of the children of thunder (Tajin), as well as the need to preserve the benefits that nature itself offers them, seeking a peaceful and harmonious coexistence, in the social and environmental environment. However, the preservation of its history, tradition and philosophy of life, contrast with public policy strategies, particularly in the social sphere, and which are aimed at achieving economic development in the fight against multidimensional poverty and marginalization, all Once they have not incorporated into them, the feeling and living of the relationship between individual and nature, as the guiding axis, of the philosophy of the Totonacapan people. What is sustainability for the people of Totonacapan? What is social justice in the search for sustainability? And what is your concept of justice in sustainability and human development? From the vision and philosophy of the people of Totonacapan, as part of the history and tradition of the children of thunder "Tajin" and in whose worldview, he is responsible for regulating the rain, climate and life of the people of the region. How does the people of Totonacapan live and live in the face of the maelstrom of actions that, from public policy, that seek human development? How do you adjust, your way of life and how do you adapt to the requirements, which from the perspective of justice, are required to contribute to the objectives of the 2030 development agenda? This document is an effort to learn and recognize one of the most important millenary cultures in Mexico, in the construction of a more inclusive vision of the social development of the Totonacapan people, which invites us to reflect on the direction and scope of this response. (shrink)

The seminal work on Restorative Justice by one of the founders of the movement, now fully revised and updated. In a time of bitter differences and deep division, how should we as a society respond to wrongdoing? When a crime occurs or an injustice is done, what needs to happen? What does justice require? Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he (...) proposes workable Principles and Practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. Our legal system's approach to justice has some important strengths, but also some deep failings. Victims, offenders, and community members often feel that justice does not adequately meet their needs. Justice professionals--judges, lawyers, prosecutors, probation and parole officers, prison staff--are frustrated with the system's shortcomings, too. Many feel that the process of justice deepens the wounds and conflicts in our society rather than bringing healing and peace. Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice Practices. Zehr undertakes a massive and complex subject and puts it in graspable form, without reducing or trivializing it. This is a handbook, a vehicle for moving our society toward healing and wholeness. This is a sourcebook, a starting point for handling brokenness with hard work and hope. This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement. (shrink)

The argument from background justice is that conformity to Lockean principles of justice in agreements and transactions does not preclude the development of inequalities that undermine the freedom and fairness of those very transactions, and that, therefore, special principles are needed to regulate society's “basic structure.” Rawls offers this argument as his “first kind of reason” for taking the basic structure to be the primary subject of justice. Here I explore the background justice argument and its (...) implications for questions about the scope of distributive justice. As it turns out, the background justice argument can offer no independent support for conclusions about the scope of distributive justice. For the special principles that it justifies inherit their scope from conclusions that must be established or assumed in advance. These prior conclusions are precisely what is at issue in debates about global justice. (shrink)

Justice is a noble virtue, yet it seems everywhere incomplete, even when it seems complete. In Lincoln's Second Inaugural Address (March 4, 1864), for instance, we read: As was said three thousand years ago, so still it must be said “the judgments of the Lord are true and righteous altogether” (Psalm 19:9). With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the (...) work we are in, to bind up the nation's wounds, to care for him who shall have borne the battle…. (shrink)

In Germany, transfers of assets between generations are subject to inheritance and gift tax.1 However, there are different views on whether or not the present level of taxation is high enough. Our study looks at the potential for applying increases. We show that the constitutional framework does indeed allow for higher taxation in the case of intergenerational property transfers. We identify the essential points in current German inheritance and gift tax law, which make it possible to transfer large assets with (...) no or low inheritance tax burden. For these points as well as the determination of tax rates, we propose reform approaches and present options for the use of possible additional income. (shrink)

Thomas Piketty's Capital in the Twenty-First Century is best known for its documentation of increasing social inequality, but it also has a notable normative aspect. Although Piketty is far less clear on the normative level than on the empirical, his view of justice can be summarised as meritocratic luck egalitarianism. This leads him to condemn as unjust the fact that inheritance is once again becoming more important than education for determining social position. In this paper, I discuss whether Piketty's (...) normative conception can justify this condemnation. My main thesis will be that Piketty ends up in a dilemma that he cannot resolve with the normative resources he has at his disposal. The horns of this dilemma are defined by whether or not we accept what Susan Hurley calls ‘the regression requirement’, and in both cases the normative distinction between inheritance and education as ways to achieve social positions disappears. Toward the end, I shall suggest an alternative justification for the moral superiority of education over inheritance, which makes use of one of Piketty's key empirical arguments. (shrink)

This book explores how the liberal conception of justice with all its ideological underpinnings is reflected in the framing and working of the Constitution of India, in the adoption of broader socio-economic objectives, in the functioning of judicial and state institutions, and in the formulation and implementation of development strategy. It analyses the dynamics of the relationship between justice, democracy and the state. The book studies the liberal conception of social justice and its sufficiency, and interrogates its (...) performance and adequacy within the structural parameters and cultural conditions of postcolonial India. It provides an analytical exposition of how the borrowed and inadequate conception of liberal justice and democracy inherited from colonial past, and the espousal of the derivative developmental pattern based on modernist and constructivist paradigm, have together failed to achieve the modest target of justice enshrined in the Constitution. Interlinking justice, democracy and state, the book examines their operational dynamics in an integrated framework which has relevance for other Third World countries also because of socio-economic and cultural commonalites. (shrink)

In this comparative analysis of the UK and Sweden, we consider, if inherited wealth is most deserving of redistributive taxation, then what lessons, if any, may be learned from the difficult paths faced by this tax in these countries. We conclude that the political momentum behind the Swedish family business was distinct, and, possibly, capable of travel to the UK. The research for this article is part of the FairTax EU project, which is funded by the European Union’s Horizon 2020 (...) research and innovation programme 2014-2018, grant agreement No. FairTax 649439. (shrink)

How much of philosophical, scientific, and political thought is caught up with the idea of continuity? What if it were otherwise? This paper experiments with the disruption of continuity. The reader is invited to participate in a performance of spacetime (re)configurings that are more akin to how electrons experience the world than any journey narrated though rhetorical forms that presume actors move along trajectories across a stage of spacetime (often called history). The electron is here invoked as our host, an (...) interesting body to inhabit (not in order to inspire contemplation of flat-footed analogies between ‘macro’ and ‘micro’ worlds, concepts that already presume a given spatial scale), but a way of thinking with and through dis/continuity – a dis/orienting experience of the dis/jointedness of time and space, entanglements of here and there, now and then, that is, a ghostly sense of dis/continuity, a quantum dis/continuity. There is no overarching sense of temporality, of continuity, in place. Each scene diffracts various temporalities within and across the field of spacetimemattering. Scenes never rest, but are reconfigured within, dispersed across, and threaded through one another. The hope is that what comes across in this dis/jointed movement is a felt sense of différance, of intra-activity, of agential separability – differentiatings that cut together/apart – that is the hauntological nature of quantum entanglements. (shrink)

This essay examines debates over alternative ethical formulations that break from the Kantian model through contemporary fiction—Kiran Desai’s The Inheritance of Loss (2006), Kazuo Ishiguro’s Never Let Me Go (2005) and Zadie Smith’s On Beauty (2005). The essay returns to the theory, the ethics of care, put forward by Carol Gilligan in In a Different Voice (1982), which has regained significance in the context of questions surrounding care in contemporary ethical thinking. While the three novels are concerned with ideas of (...) care, beauty, justice and the tyranny of the mainstream, this essay examines particular themes in particular texts which suggest that ideas with otherwise subversive potential—like care or beauty or justice—lose their radicalism when they are incorporated within the impersonal, masculinist mainstream. Carol Gilligan’s feminine ethics of care, with its respect for the particular, is not only still important as the stimulus to thinking about alternatives to overarching ethical discourses, but it could also re-confer these concepts of care, beauty and justice their revolutionary potential. (shrink)

Because the goal of military medicine is salvaging the wounded who can return to duty, military medical ethics cannot easily defend devoting scarce resources to those so badly injured that they cannot return to duty. Instead, arguments turn to morale and political obligation to justify care for the seriously wounded. Neither argument is satisfactory. Care for the wounded is not necessary to maintain an army's morale. Nor is there any moral or logical connection between the right to health care (a (...) universal human right) and the duty to defend one's nation (a local political duty). Once badly wounded, soldiers enjoy the same right to medical care as any similarly ill or injured individual. National health care systems grasp this point and offer few additional health care benefits to veterans. In the United States, however, lack of universal health coverage skews the debate to focus on special entitlements for veterans without considering the health care rights that other citizens enjoy. (shrink)

In this article, I show how traditional Thomistic claims about the creation and fall of the first human beings—or “Adam”—are compatible with the claims of evolutionary science concerning human origins. Aquinas claims that God created Adam in a state or condition of original justice, wholly subject to God and so fully virtuous, as well as internally immune to bodily corruption, suffering, and natural death. In defense of “Aquinas's Adam,” I first argue that affirming that the prelapsarian Adam was internally (...) immune to suffering and death does not require denying that these things predated his emergence within evolutionary history, or that he would have faced real challenges posed to him by his natural environment. Next, I rebut the claim that Adam must have been spiritually and morally fragile, given the traits he inherited from his evolutionary ancestors. Finally, I dispute the claim that Adam only could have fallen if he existed in a spiritually and morally fragile state. (shrink)

Democracy and justice are often mutually antagonistic ideas, but in this innovative book Ian Shapiro shows how and why they should be pursued together. Justice must be sought democratically if it is to garner legitimacy in the modern world, he claims, and democracy must be justice-promoting if it is to sustain allegiance over time. _Democratic Justice_ meets these criteria, offering an attractive vision of a practical path to a better future. Wherever power is exercised in human affairs, (...) Shapiro argues, the lack of democracy will be experienced as injustice. The challenge is to democratize social relations so as to diminish injustice, but to do this in ways that are compatible with people’s values and goals. Shapiro shows how this can be done in different phases of the human life cycle, from childhood through the adult worlds of work and domestic life, retirement, old age, and approaching death. He spells out the implications for pressing debates about authority over children, the law of marriage and divorce, population control, governing the firm, basic income guarantees, health insurance, retirement policies, and decisions made by and for the infirm elderly. This refreshing encounter between political philosophy and practical politics will interest all those who aspire to bequeath a more just world to our children than the one we have inherited. (shrink)

In this article, I advance what I think is a more theologically robust and informed free-will defense, which allows me to address the problem of evil in a more theologically robust and informed way. In doing so, however, I do not claim to offer a comprehensive response to the problem of evil, or full-blown "theodicy"; instead, I offer a partial response, which I place in the service of a full-blown theodicy. Moreover, my own approach is explicitly Thomistic, insofar as I (...) formulate much of it drawing on Thomas Aquinas's own formulations of the doctrines of original justice and original sin, or the human being as created and fallen. Structurally, the article consists of three main sections. In first section, I consider and critique a recent, expanded free-will defense offered by Peter van Inwagen, which also incorporates the doctrines of creation and the Fall. I then introduce key aspects of Aquinas's own thought in order to make the requisite improvements to this approach. In the second section of the article, I consider some main objections to my own Thomistic approach, as I will have formulated it so far: in particular, that the doctrines of original justice and original sin are unintelligible from the standpoints of moral psychology and evolutionary biology. I also begin to consider the objection that there is no intelligible way of explaining the transmission of original sin. In the third and final section of the article, I respond to these objections, offering a final defense of my central claim that the free-will defense is best served when it is wedded with a specifically Thomistic construal of the human being as originally created in a state of original justice, but now subject to defects (both bodily and spiritual) that are the inherited consequences of original sin. (shrink)

Research Ethics, Volume 18, Issue 1, Page 51-63, January 2022. Aboriginal and Torres Strait Islander peoples in Australia, have historically experienced research as another means of colonialization and oppression. Although there are existing frameworks, guidelines and policies in place that respond to this history, the risk of exploitation and oppression arising from research still raises challenging ethical questions. Since the 1990s the National Health and Medical Research Council in Australia has developed specific sets of guidelines that govern research with these (...) populations in an attempt to redress injustices of the past. The current guidelines: Ethical Conduct in Research with Aboriginal and Torres Strait Islander Peoples and Communities: Guidelines for Researchers and Stakeholders, 2018, emphasis six core values which are bound together by “spirit and integrity.” The values are reflected through respect for cultural inheritance, and genuine negotiation of partnerships between researchers, other stakeholders, and communities. We examine whether these guidelines can lead to research and research practices that redress some of the ongoing traumas of colonialization and racism. We draw upon Margaret Urban Walker’s formulation of restorative justice, based upon her “pragmatics of repair” which relies upon “voice, validation and vindication” and at its core, the restoration of relationships. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Book Reviews 137 The Meanings of Landscape: Essays on Place, Space, Environment and Justice BY KENNETH R. OLWIG London: Routledge, 2019 REVIEWED BY TIMM SCHÖNFELDER Landscape is more than spatial scenery that meets the eye: it is an anthropogenic artefact, an intellectual construct, a mirror of culture; it even has its own language.1 This broadness is reflected in the compilation of nine authoritative essays by the geographer and (...) professor of landscape architecture Kenneth R. Olwig that were published during the past quarter of a century and are now molded into a more coherent whole. In this regard, the present volume can be considered the pinnacle of Olwig’s intellectual oeuvre. In a fervent foreword, the anthropologist Tim Ingold sets the tone when he urges the reader to shed the contemporary notion of what he terms “topophobia”—­ a lack of bond betweenpeopleandplaces—­andtoreinstatephilologyasacentralfield of interest after it was “relegated by techno-­ science to the margins of scholarship” (xv). To achieve this, the essays deal with an eclectic set of themes ranging from Ptolemy’s notion of “choros” as something similar to today’s understanding of landscape, to the humanistic geographer Yi-­Fu Tuan’s concept of “topophilia,” which is hailed as a guiding ideal for much of Olwig’s work. The articles are bound together by an introduction that quickly transcendsthegeometricallimitationsoflandscape,ontologicallyquestioning whether these can be representative of the world itself at all (3). The first chapter thus delves right into the etymologies of “landscape” and its historical implications in the Nordic countries and England with detours through Italy and the German lands. In a cursory, highly associative manner Olwig fathoms the respective cultural implications. Central is the idea that the concept of landscape is more than the mere scenicrepresentationofspaceitcametobeknownasinRenaissance art and culture.2 Rather, the Nordic variants of the word, like the Swedish landskap, are used to denote natural regions with their own polity that were then gradually subjected to a monarchic state, not least through the surveying and mapping of their territory (see also chapter two). ENVIRONMENT, SPACE, PLACE / VOLUME 13 / ISSUE 2 / 2021 138 At times, Olwig’s philological musings appear rather stretched, as when he associates the German word Grundgesetz (the “basic/­ fundamental law” of 1949, which until today serves as Germany’s constitution ) with a biopolitical dimension of “ground” as in “soil” (41).3 In cases like this, his use of literature is selective. This culminates in a problematic assessment of Nazi ideology as being motivated by a specific understanding of landscape. Statements like “there can be no doubt that the modern German conception of Landschaft was implicated in the promotion of blood-­ and-­ soil fascist ideology” (42) neglect important literature on the topic.4 Such generalizations are owed to the author’s sweeping tour de force approach. The reviewer would have preferred more guidance through the theoretical thickets by way of a clear, chronologically ordered argument. This is not helped by the occasional seeming inconsistency, as in the claim that the U.S. “inherited the British scenic idea of landscape” as a former colony while also being “very much the inheritor of German romantic ideas concerning the relation of culture to nature as expressed in the physical landscape” (45), which, in turn, showed parallels to “fascist landscapes” in the “attempt to cleanse geography of its environmentalist taint by making it a science of space” (42). This truly is a lot of ground to cover for one essay. The ensuing chapters, however, try to disentangle this inspired jumble. The second article, “Landscape, Place, and the State of Progress,” identifies a switch since the Renaissance from the idea of circuitous development to linear progress towards utopia. For Olwig, there is a “darker, Faustian side” to it that he identifies as the “dialectic of modernity,” which “opposes cosmic dreams of a utopian future to the topian exigencies of present and past”: to advance, the path had to be cleared of traditional elements (52). This materialized in courteous theatre as well as in Shakespeare’s popular plays, and in the new architecture of parks where landscape was symbolic for cultural and social progress (64). “Choros, place, and the spatialization of landscape” traces important theoretical threads within geography... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reply to Discussion of Origins of Moral-Political Philosophy in Early China:Contestation of Humaneness, Justice, and Personal FreedomTao Jiang (bio)I am grateful to all six commentators for their careful reading of and thoughtful engagements with my book, especially to Sungmoon Kim for spearheading this group effort. In the book, Origins of Moral-Political Philosophy in Early China: Contestation of Humaneness, Justice, and Personal Freedom, I try to tell a (...) new story about the foundational period of Chinese philosophy, with a focus on the deliberations of normative values in the respective texts. I make three key points. First, the central intellectual challenge during the Chinese classical period was how to negotiate the relationships between the personal, the familial, and the political domains (sometimes also characterized as the relationship between the private and the public) when philosophers were re-imagining and re-conceptualizing a new moral-political order. Philosophers offered a dazzling array of competing visions for that newly imagined order. Second, the competing visions can be characterized as a contestation between partialist humaneness and impartialist justice as the guiding norms of the newly imagined order, with the Confucians, the Mohists, the Laoists, and the so-called fajia thinkers being the major participants. This was the mainstream intellectual project that dominated the classical debate and set the terms and the parameters of that debate. Third, Zhuangzi and the Zhuangists were the outliers of the mainstream moral-political discourse during this period. They rejected the very parameters of humaneness versus justice in the mainstream debate and instead represented a lone voice advocating personal freedom. For the Zhuangists, the mainstream debate was intellectually banal, morally misguided, and politically dangerous. One critical overall context for these [End Page 475] philosophical endeavors is that they took place within an evolving understanding of Heaven and its relationship with humans.Loy Hui-chiehLet me begin with Loy Hui-chieh's comment on the book's methodology, laid out in the Introduction to my book, as it pertains to the broader norms of practices in contemporary analytic philosophy and Chinese philosophy. The purpose of the methodological reflection in the Introduction is to provide some tools in dealing with the challenges to Chinese philosophy from Sinology (historical and philological approaches to classical Chinese texts) and Western philosophy within Western academia. I argue that scholars of Chinese philosophy, situated between Sinology and Western philosophy in the West, need to be mindful of the constructed nature of the scholarly objects shaped by disciplinary norms and practices. Specifically, scholars of Chinese philosophy, in their philosophical endeavors, construct their scholarly objects based on the operative but often implicit ideas of inherited text, textual author, and textual intent, as opposed to Sinologists who are more motivated by their scholarly objects of original text, historical author, and authorial intent.Loy's comment frames my methodological reflections primarily through the lens of history of philosophy. There is another critical element in this endeavor, namely the philosophical lineage upon which the study of philosophy in the West has been built, conceptually and institutionally. With respect to history of philosophy, Loy's questions concern the presentist orientation in analytic philosophy and its relationship with history of philosophy. As he aptly points out, analytic philosophers are ultimately uninterested in the correct interpretation of who said what in the history of philosophy. Rather their interest lies in philosophical issues and problems themselves, irrespective of how/when/by whom those issues are formulated. Scholars in history of philosophy seek to convince analytic philosophers that the texts and the ideas they study should be recognized as good philosophy by contemporary standards, not just their historical values. The presentist bias is clear. Of course, we do not have to subscribe to such a norm since the present is not necessarily the be-all and end-all of everything philosophers are concerned with, or at least it should not be. Otherwise, our philosophical reflections, even those with the presentist concerns, would be significantly impoverished. As a profession, contemporary philosophers regularly draw upon history of ideas, especially from the Hellenistic and early modern European traditions, to frame their arguments and to seek new inspirations. Such a practice is heavily dependent on the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Humaneness and Justice in the Analects:On Tao Jiang's Origins of Moral-Political Philosophy in Early ChinaHagop Sarkissian (bio)IntroductionOne of the central themes of Tao Jiang's Origins of Moral-Political Philosophy in Early China is the contestation of the values of partialist humaneness and impartialist justice across diverse thinkers and texts throughout the classical period. His departure point is the Analects, which displays a keen awareness of the difficulties in (...) balancing these opposing values. Jiang's analysis of this dynamic is skillful, filled with Sinological detail and philosophical analysis.Here, I hope to add to Jiang's discussion, focusing on two broad points. First, I suggest two different interpretations of Jiang's analysis of ren 仁 as preference for kin in the Analects, and argue that one of these interpretations is more successful than the other. Second, I argue that aligning humaneness with partiality on the one hand, and justice with impartiality on the other, may obscure some of the Analect's views on these topics, even while illuminating others. In particular, I try to argue that justice cannot be understood as consisting of impartiality alone.Humaneness and JusticeJiang provides "thin or baseline definitions" of the key values of humaneness and justice so as to "schematize … competing normative values operative in the moral-political project during the classical period while … leaving room for variations on these broad underlying values among different inherited texts and the thinkers they are attributed to" (p. 35). They are as follows:[H]umaneness is understood in this book as the … natural inclination to be partial toward those who are close to us, especially our family/kin members; justice is defined here as … our exercise of impartial judgment on the merits of persons and states of affairs, especially in lieu of articulated and publicized standards and codes, irrespective of their relations to us. In other words, humaneness is partialist in nature, whereas justice is impartialist. Humaneness is understood in relational terms, whereas justice is non-relational by contrast. More importantly, precisely because of the relational nature of humaneness, [End Page 429] agent and recipient cannot be switched or substituted, whereas in justice agent and recipient are switchable and substitutable.This framework is fruitful, allowing Jiang to draw connections across texts and thinkers, highlighting aspects of the debates that too often remain hidden from view. His detailed analyses of concepts such as xiao (filial piety), jianai (impartial care), fa (objective standards), tian (Heaven), and shu (conscientious perspective taking) show how they relate to these overarching values. The schematization works, and the book repays careful reading.There are also points, however, where the alignment of humaneness with partiality on the one hand, and justice with impartiality on the other, can lead those familiar with these texts to wonder whether the presentation has, as a result, oversimplified some complex issues. I discuss two of these in what follows.Ren and PartialityJiang claims that the concept of ren in the Analects has two components or elements to it. As he puts it,[T]he way ren is articulated by Confucius, it contains both a partialist element favoring one's family and an impartialist element when dealing with others. … To put it in terms of the central terminologies employed in this book, ren in the Analects is a comprehensive category that contains the elements of both humaneness and justice.Jiang 2021, p. 53)Jiang's analysis of ren in terms of impartiality is compelling, so I will focus on the other half of the analysis—specifically, the claim that the concept of ren itself is partialistic (or, more accurately, has a notable partialist element). This claim may surprise some readers. For example, ren has often been contrasted with the partialistic xiao (filial piety) as the more impartial, public-facing virtue in Confucianism. Indeed, this contrast has been the focus of a strenuous and strident debate in Confucian ethics in modern times (see, e.g., Guo 2007; Guo 2004; Liu 2003), and has a pedigree going at least as far back as the Hou Hanshu (Chan 2004). However, such debates span multiple texts and thinkers in the Confucian tradition. We can still ask the more pointed... (shrink)

The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to a (...) given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

Justice for painful experiences or human rights violations is pursued in many forms. In furtherance of justice, individuals and communities adopt creative and meaningful ways to express their pain, heal, and become more resilient. One such practice is dance—an arts-based solution with both therapeutic value and the power to promote physical, emotional, and mental well-being. Dance has been described as a much-needed “solution to the problems of the world”, and “an important player in countering tyranny [that] helps heal (...) the wounds of torture and trauma and build a more humane society.” A closer look at dance-based interventions also signals the limitations of legal and political mechanisms and practices (courts, tribunals, policy, etc.) in matters of justice and well-being. (shrink)

This article examines how people of color can biologically inherit the deleterious effects of white racism. Drawing primarily on the field of epigenetics, I demonstrate how transgenerational racial disparities are in fact racist disparities that can be manifest physiologically, helping constitute the chemicals, hormones, cells, and fibers of the human body. Epigenetics can be used to demonstrate how white racism can have durable effects on the biological constitution of human beings that are not limited to the specific person who is (...) the target of white racism, but instead extend to that person's offspring. In this way, the field of epigenetics can help philosophers and others understand the transgenerational biological impact of social forces such as white racism. It reveals that the damage done by white racism is more extensive than critical philosophers of race might have realized, and also that interventions against white racism must address not just the economic, geographical, social, and psychological, but also the biological aspects of human existence. In particular, the article examines racist disparities in preterm birth rates and argues that the scope and significance of prenatal care for African American women must be expanded intergenerationally and include wide-scale forms of racial justice. (shrink)

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

Catholic health care is one of the key places where the church lives Catholic social teaching (CST). Yet the individualistic methodology of Catholic bioethics inherited from the manualist tradition has yet to incorporate this critical component of the Catholic moral tradition. Informed by the places where Catholic health care intersects with the diverse societal injustices embodied in the patients it encounters, this book brings the lens of CST to bear on Catholic health care, illuminating a new spectrum of ethical issues (...) and practical recommendations from social determinants of health, immigration, diversity and disparities, behavioral health, gender-questioning patients, and environmental and global health issues. (shrink)