ABSTRACT The current COVID-19 pandemic is likely to have a strong negative impact on African countries. This is due to the fact that poverty has reduced the ability of these countries to implement health measures that are necessary to address the pandemic. In this article, I contend that colonialism has a role to play in this reduced ability to respond to the current crisis. Hence I argue that Ubuntu ethics imposes responsibility on European governments to aid Africans during this period.

This paper provide the first extended discussion in the philosophical literature of the epistemic significance of the phenomenon of “being known” and the relationship it has to reparations that are distinctively epistemic. Drawing on a framework provided by the United Nations of the “right to know,” it is argued that victims of gross violations and injustices not only have the right to know what happened, but also the right to be known—to be a giver of knowledge to others about their (...) own experiences. It is shown that such victims can suffer epistemic wrongs by being rendered invisible, vilified or demonized, or systematically distorted, and that these ways of not being known demand epistemic reparations. While there are traditional reparations that are epistemic in nature, such as memorialization and education, it is argued that there is a prior and arguably more important epistemic reparation—knowing victims of gross violations and injustices in the sense of bearing witness. The paper concludes with a sketch of an epistemological picture to underwrite this notion of epistemic reparations, one that significantly expands the traditional picture by including epistemic duties that are imperfect in nature and concern actions in addition to beliefs. (shrink)

A number of authors make a seemingly compelling case for holding the victim of a wrong morally obliged to accept the genuine apology of the wrongdoer. This is a crucial issue in questions of reparative justice, since reparation typically requires not just the giving but also the acceptance of an apology. Yet it is a case that we should ultimately reject. If it is credible to think that the victim might suffer anew in exercising any duty of this kind, (...) that suffering must be factored into the moral reckoning from the outset. It is only if we can be sure that the victim will not suffer again by attending to, and ultimately accepting, the wrongdoer’s apology that it would be right to impose upon her any duty of this kind. Yet, in all non-trivial cases, the victim’s burden is unknowable in advance and has the potential to be considerable. In such situations, I argue, the victim has no duty to accept the wrongdoer’s apology. There are limits, too, to the utility of the bipartite victim-wrongdoer account of reparation on which such arguments are typically predicated. For the harm the wrongdoer causes is not exclusively suffered by the immediate victim but also by the community of all potential victims. Genuine reparative justice requires more than a recalibration of the relative moral standing of the wrongdoer and the victim through the giving and receiving of an apology. I consider how this might be achieved without imposing upon the victim a burden that fails to achieve the moral reckoning anticipated. (shrink)

In the present chapter I try to determine to what extent the public policies adopted by Romanian governments following the fall of the communist regime contributed to alleviating the most egregious past injustice, the Holocaust. The measures taken for memorializing the Holocaust will be analysed through the lens of a mixed reparatory justice – relational egalitarian account. Employing such a framework entails a focus on symbolic reparations, meant to promote civic trust, social solidarity, and encourage the restoration of social and (...) cultural capital in societies affected by historical injustices. Such symbolic reparations can include public atonement, changing street names, establishing memorials, funding museums, including Holocaust study in the national curriculum, setting national days for the commemoration of the Holocaust, etc. The need for symbolic reparation has become increasingly clearer in the literature on Holocaust memorialization, and the present paper intends to go a step further, by providing researchers with a theoretical approach that can be used to make better sense of the effects of measures taken as part of the process of Holocaust remembrance. In the chapter I also address the issue of determining who the duty-bearers should be. I argue that there could be several indicators for reparatory justice, including in this case compensation programs and the establishment of institutions that would allow dialogue between descendants of the victims and descendants of the perpetrators, a sine qua non condition for restoring social trust in communities marked by violations of human rights, especially of such a scale as the Holocaust. (shrink)

Arguments for slavery reparations have fallen out of favor even as reparations for other forms of racial injustice are taken more seriously. This retreat is unsurprising, as arguments for slavery reparations often rely on two normatively irregular claims: that reparations are owed to the dead (as opposed to, say, their living heirs), and that the present generation inherits an as yet unrequited guilt from past generations. Outside of some strands of Black thought and activism on slavery reparations, these claims are (...) widely rejected. I develop an argument for slavery reparations around those foundational claims by adopting the normative framework of Immanuel Kant. On what I call the Basic Argument for slavery reparations, the application of Kant’s retributivist theory of punishment to slavery justifies reparations as a kind of proportional punishment for slavery. I also show that Kant’s philosophy offers reparations theorists resources to overcome several contemporary objections to slavery reparations. (shrink)

This article seeks to advance the discussions on our moral obligations towards refugees of protracted crises by proposing a nuanced application of outcome responsibility. Differentiating causal and outcome responsibility through intention, involvement, and side-taking principles has both symbolic and practical significance in assigning reparative and remedial duties. The framework utilizes domestic analogies to help explain the refined version of these two responsibility types. It examines the Syrian crisis within this paradigm to offer a clearer understanding of the actors (...) that are ‘morally obligated and more likely’ to help. This argument addresses political communities instead of their states, emphasizing their pivotal role as bearers of the consequences of state decisions. Employing an outcome responsibility-based sense of ethical duty (ORSED) can foster more inclusive and welcoming environments, mitigating resentment regardless of border controls or burden allocation. (shrink)

A contrary-to-duty obligation (sometimes called a reparational duty) is a conditional obligation where the condition is forbidden, e.g. “if you have hurt your friend, you should apologise”, “if he is guilty, he should confess”, and “if she will not keep her promise to you, she ought to call you”. It has proven very difficult to find plausible formalisations of such obligations in most deontic systems. In this paper, we will introduce and explore a set of temporal alethic dyadic deontic systems, (...) i.e., systems that include temporal, alethic and dyadic deontic operators. We will then show how it is possible to use our formal apparatus to symbolise contrary-to-duty obligations and to solve the so-called contrary-to-duty (obligation) paradox, a problem well known in deontic logic. We will argue that this response to the puzzle has many attractive features. Semantic tableaux are used to characterise our systems proof theoretically and a kind of possible world semantics, inspired by the so-called T× W semantics, to characterise them semantically. Our models contain several different accessibility relations and a preference relation between possible worlds, which are used in the definitions of the truth conditions for the various operators. Soundness results are obtained for every tableau system and completeness results for a subclass of them. (shrink)

This paper discusses the pluralist theory of reparations for historical injustice offered by Daniel Butt (Ethical Theory and Moral Practice 24(5):1161–75, 2021). Butt attempts to vindicate purely past-regarding corrective duties in response to Alasia Nuti’s historical-structural model of reparations. I agree with Butt that reparative justice requires both past-regarding and future-looking structural duties. And I agree with him that Nuti’s model leaves out purely past-regarding duties. I argue, however, that Butt does not offer a genuinely pluralist (...) account. I present minimal necessary conditions for past-regarding (corrective) justice and demonstrate that the past-regarding duties Butt advocates do not meet these conditions. The past-regarding duties Butt offers collapse into the kinds of distributive (structural) duties from which he attempts to separate them. Yet, I suggest these shortcomings are instructive and sketch a path forward for a genuinely pluralist account of reparations. A genuinely pluralist account must follow this path in order to vindicate the intuitions that motivate both past-regarding duties and the structural injustice model. (shrink)

The literature on reparative justice focuses for the most part on the grounds and limits of wrongdoers’ duties to their victims. An interesting but relatively neglected question is that of what – if anything – victims owe to wrongdoers. In this paper, I argue that victims are under a duty to accept wrongdoers’ apologies. I claim that to accept an apology is to form the belief that the wrongdoer’s apologetic utterance or gesture has the requisite verdictive, commissive and (...) expressive dimensions; to communicate as much to him; and to recognise that his apology changes one’s normative status in relation to him, and to comport oneself accordingly. I then offer a Kantian argument for the duty to accept and qualify that argument in the light of some hard cases. I end the paper by addressing the objection that victims do not owe it to wrongdoers to engage in any form of reparative encounter. (shrink)

Structural injustice is injustice produced by largescale social structures and processes that create systemic disadvantages for large groups of people. Individuals have duties to counteract structural injustice. These duties are more demanding for people privileged by unjust social structures than for non-privileged individuals, even when the latter have equal ability to contribute. What explains this? I review and reject two common explanations, i.e., the Reparation Account and the Restitution Account. I offer a third view, the Domination Account; it (...) holds that the privileged have more demanding duties because they pose a constant threat of domination to non-privileged individuals by virtue of their structural positions. (shrink)

This paper discusses the relation between deontic logic and the study of conversational interactions. Special attention is given to the notion of remedial interchange as analysed by sociologists and linguistic pragmaticians. This notion is close to the one of contrary-to-duty (reparational) obligation, which deontic logicians have been studying in its own right. The present article also investigates the question of whether some of the aspects of conversational interactions can fruitfully be described by using formal tools originally developed in the study (...) of iterated belief change. I here adapt the latter tools to deontic logic, and attempt an account of remedial interchange (and, more generally, contrary-to-duty reasoning) in terms of commutation. This account brings the dynamics of obligations to the fore. (shrink)

This book argues that justice often governs apologies. Drawing on examples from literature, politics, and current events, Cohen presents a theory of apology as corrective offers. Many leading accounts of apology say much about what apologies do and why they are important. They stop short of exploring whether and how justice governs apologies. Cohen argues that corrective justice may require apologies as offers of reparation. Individuals, corporations, and states may then have rights or duties regarding apology. Exercising rights to (...) apology or fulfilling duties to provide them are ways of holding one another mutually accountable. By casting rights and duties of apology as justifiable to free and equal persons, the book advances conversations about how liberalism may respond to historic injustice. Apologies and Moral Repair will be of interest to scholars and advanced students in ethics, political philosophy, and social philosophy. (shrink)

In this paper we present a Gentzen system for reasoning with contrary-to-duty obligations. The intuition behind the system is that a contrary-to-duty is a special kind of normative exception. The logical machinery to formalise this idea is taken from substructural logics and it is based on the definition of a new non-classical connective capturing the notion of reparational obligation. Then the system is tested against well-known contrary-to-duty paradoxes.

A challenging question regarding compensation for historic injustices like slavery or colonialism is whether there is anyone to whom it would be just to ascribe duties of compensation given that allegedly all the perpetrators--the guilty parties--are dead. Some answer this question negatively, arguing it is wrong to ascribe to anyone compensatory duties for injustices committed by others who died multiple generations ago. This objection to compensation for historic injustice, which I call the Historical Responsibility Objection (HRO), takes as (...) its core premises (1) that one must be guilty of wrongdoing with respect to a given historic injustice in order to bear a duty to compensate for the injustice, and (2) that no one alive today can be considered so guilty because no one alive today was alive when the historic injustice occurred. The result is that we cannot ascribe compensatory duties to anyone for any historic injustic. While all arguments I am aware of that refute HRO reject premise (1), this paper sketches a novel refutation of HRO by exploring the implications of rejecting premise (2). Doing so would invoke the state as a collective agent, distinct from its constitutive individual agents, liable to acquire compensatory duties for wrongs it commits that none of its constitutive individuals bear. To the extent that states that are collective agents committed historic injustices, such states have duties to compensate for historic injustice. (shrink)

Ideas of justice have traditionally focused on what individuals owe to one another and have drawn our attention to what is considered fair--what one of us owes to another is justly matched by what the other owes to them. However, what does justice require us to do for past and future generations? In Justice Back and Forth, award-winning author Richard Vernon explores the possibility of justice in cases where time makes reciprocity impossible. This "temporal justice" is examined in ten controversial (...) cases including the duty to return historical artifacts, the ethics and politics of parenting, the punishment of historical offences, the right to procreate, and the imposition of constitutions on future citizens. By deftly weaving together discussions on historical redress and justice for future generations, Vernon reveals that these two opposing topics can in fact be used to illuminate each other. In doing so, he concludes that reciprocity can be adapted to serve intergenerational cases. (shrink)

I aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties—the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others’ right to freedom, and the more recent continuity view—have failed to answer the (...) two questions satisfactorily. I then introduce my proposal, which holds that we wrong others when we fail to treat their status as moral agents as a source of stringent constraints on our action. I call it the moral neglect account. Once we have identified a common aim of corrective duties (counterbalancing moral neglect), we can fill their content in the various contexts in which wronging has occurred. I conclude by observing that it is not the primary role of corrective justice to assign responsibilities for damage reparations; in fact, requests for compensation make more sense if framed in distributive rather than corrective terms. (shrink)

Apology is arguably the central act of the reparative work required after wrongdoing. The analysis by Claudia Card of complicity in collectively perpetrated evils moves one to ask whether apology ought to be requested of persons culpably complicit in institutional evils. To better appreciate the benefits of and barriers to apologies offered by culpably complicit wrongdoers, this article examines doctors’ complicity in a practice that meets Card's definition of an evil, namely, the non-medically necessary, nonconsensual “normalizing” interventions performed on (...) babies born with intersex anatomies. It argues that in this instance the complicity of doctors is culpable on Card's terms, and that their culpable complicity grounds rightful demands for them to apologize. (shrink)

This article addresses the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world a world (...) where there was no such interaction, this article maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus (...) is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law. (shrink)

It is a truism to say that we live in a world that has been deeply shaped by imperialism. The history of humanity is, in many ways, a story of the attempted and achieved subjugation of one people by another, and it is unsurprising that such interaction has had profound effects on the contemporary world, affecting cultural understandings of community identity; the composition of, and boundaries between, modern day states; and the distribution of resources between different communities. This chapter addresses (...) the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world where there was no such interaction, this chapter maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

Though many of us have constructed our lives (or have had them constructed for us) such that it is easy to ignore or forget, human lives are entangled with other animals in many ways. Some interspecies relations would arguably exist in some form or another even under an ideal model of animal ethics. Others have an inescapably non-ideal character – these relationships exist as they do because things have gone wrong. In such circumstances we have reparative duties to (...) animals we have wronged because we have wronged them. Here I draw upon Christine Korsgaard’s “Fellow Creatures” (2018) and other nonideal approaches to animal ethics to critically assess the United States Fish & Wildlife Service practice of killing barred owls to protect endangered spotted owls in the old growth forest of the Pacific Northwest. This is a difficult case to be sure, but one that can benefit from non-ideal moral assessment in terms of interspecies relational repair. I argue for increased spotted owl habitat preservation and forest restoration as an alternative to barred owl removal that better aligns with both nonideal relational animal ethics and stated US Fish & Wildlife Service values. (shrink)

Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, (...) while retaining a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

International law holds that states are holistically responsible for their acts. Yet what does the ascription of responsibility to the state imply about the responsibility of its citizens? This article argues that most citizens in a representative democracy bear culpability in association with their state's wrongful acts. Most democratic citizens can be blamed for empowering representatives to act on their behalf, and then failing to adequately oversee and dissent from the specific wrongful decisions their representatives made. This gives culpable citizens (...) duties that go beyond compensation, especially duties to foster a reparative social ethos towards state victims. (shrink)

In an era when the public and shareholders increasingly demand greater accountability from institutions for racial injustice and slavery, scholarship on corporate reparations is more and more essential. This article argues that corporations have played a significant role in the cultural dehumanization of Blackness and therefore have a particular responsibility to make repair. Cultural dehumanization refers to embedding anti-Blackness into US culture in service of capitalist profit accumulation, which has resulted in status and material inequalities between Blacks and whites that (...) have persisted from slavery to the present. More specifically, the article argues corporations have a moral duty to offer reparations to Black Americans regardless of any redress offered by other perpetrators of anti-Blackness. It appeals to tort law in providing a moral justification for corporate reparations to Black Americans. (shrink)

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

One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in a relationship (...) between present and future generations, some rights theorists replace future individual rights with such collective rights. Others advance the threshold conception of harm in discussing intergenerational relationships in general. Despite the significant implications these revisionist views might have, few efforts have been made to scrutinize their solidity. To plug such a gap in the literature, this paper examines to what extent the collective understanding of intergenerational rights is pertinent. I also explore the virtues and drawbacks of the threshold interpretation of harm. The paper concludes by suggesting that the motivation behind these and other versions of the rights theory suffers from the ambiguity of a traditional dichotomy between perfect and imperfect duties. (shrink)

Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to hose persons who, through their abilities, will benefit most from them. Second, he argues that, (...) in the case of slavery, past injustice – where both the victims and perpetrators are long dead – cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person’s existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed. (shrink)

Much mainstream political philosophy assumes that states have a broad right to decide who is granted entry and membership into their political community. On this conventional view, admission of migrants and refugees is understood as mostly a matter of general humanitarian duty or voluntary beneficence rather than as a specific obligation of justice. Through an analysis of climate-related migration from Central America's Dry Corridor to the United States, I argue that many such migrants may in fact be owed admission as (...) reparation for injustice, and that the character of this injustice raises broader challenges for the conventional view. (shrink)

This chapter investigates the moral status of agents who innocently benefit from the wrongdoing of others. We commonly think that perpetrators should not benefit from their wrongdoings. But sometimes wrongdoings benefit third parties. Clearest examples are historical wrongdoings, such as colonialism and slavery, which have long lasting effects to this very day, benefitting some while harming others. Recent attempts to identify those who should address such wrongdoings suggest that their beneficiaries, even though they have done not taken part in the (...) original wrongdoing, have duties to relinquish the wrongful benefit and/or to compensate the victim. If correct, this view has important practical implications for identifying who should address pressing moral challenges such as climate change, reparations for slavery and global poverty. The chapter explores the normative underpinnings of the ‘principle of wrongful benefits’, and some of the theoretical and practical challenges to it. (shrink)

This introduction and the contributors to this volume advance the debate on the normative relevance of historical injustice. This introduction shows that discussions on this topic should consider four aspects: first, the temporal dimension of justice; second, the connection between current claimants for reparations and the putative duty-bearers with the original perpetrators and victims of historical injustice; third, how changes in circumstances might affect what is considered just; and fourth, the appropriate form of reparation. The introduction provides an overview of (...) the contributions made by Zara Goldstone, David Heyd, Daniel Loewe, Michael Luoma and Margaret Moore, Macarena Marey and Alejandro de Oto, and David Miller. Michael Luoma and Margaret Moore argue that historical territorial injustice is somehow unique, and present a comprehensive comparison between forward-looking and backward-looking approaches. Macarena Marey and Alejandro de Oto argue that historical injustices should be seen as contemporary issues. David Heyd’s contribution posits that the non-identity problem cannot be circumvented by appealing to groups. Daniel Loewe contends that the legitimate expectations of contemporary citizens should take precedence over historical claims for the restitution of territory. David Miller assesses when and why the way in which victims of historical injustice respond to its effects is relevant to the calculation of compensation. Finally, Zara Goldstone argues that migration rights should be considered part of the reparations offered by former colonising countries to their former colonies. (shrink)

In this timely study, Thompson presents a theory of intergenerational justice that gives citizens duties to past and future generations, showing why people can make legitimate demands of their successors and explaining what relationships between contemporary generations count as fair. What connects these various responsibilities and entitlements is a view about individual interests that both argues that individuals are motivated by intergenerational concerns, and that a polity that appropriately recognizes these interests must support and accept intergenerational responsibilities. The book (...) ranges over the philosophical, ethical, political and environmental questions raised by intergenerational issues: how we can have duties to non-existent people, whether we can wrong the dead or be held responsible for what they did, what sacrifices we should make for our successors, and whether we have duties to people of the remote future. Encompassing the ethical problems created by demographic change, the ethical issues of population control and intergenerational implications of new technologies for creating people, this book will be of interest to those studying philosophy, politics, legal theory, and environmental studies. (shrink)

One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in a relationship (...) between present and future generations, some rights theorists replace future individual rights with such collective rights. Others advance the threshold conception of harm in discussing intergenerational relationships in general. Despite the significant implications these revisionist views might have, few efforts have been made to scrutinize their solidity. To plug such a gap in the literature, this paper examines to what extent the collective understanding of intergenerational rights is pertinent. I also explore the virtues and drawbacks of the threshold interpretation of harm. The paper concludes by suggesting that the motivation behind these and other versions of the rights theory suffers from the ambiguity of a traditional dichotomy between perfect and imperfect duties. (shrink)

This paper outlines and explores the problem of democratic dirty hands, the sui generis moral situation where democratic politicians justifiably violate both a cherished moral principle and the fundamental processes of democratic governance. Some recent contributions to the dirty-hands debate have argued that the principles of democratic governance render DDH impossible. The paper rejects this view as based on a misunderstanding of the minimal and necessary conditions for both DH and democratic overnance. However, DDH does raise interesting issues concerning the (...) complicity of citizens with their politicians’ DH. Citizens are accessories to such acts and have a duty to contribute to the reparations for the victims of DDH. Furthermore, as citizens bear some responsibility for the moral violations that were done in their name, they properly ought to feel some of the moral pollution that these actions generated. (shrink)

Control accounts of moral responsibility argue that agents must possess certain capacities in order to be blameworthy for wrongdoing. This is sometimes thought to be revisionary, because reflection on our moral practices reveals that we often blame many agents who lack these capacities. This paper argues that Control accounts of moral responsibility are not too revisionary, nor too permissive, because they can still demand quite a lot from excused wrongdoers. Excused wrongdoers can acquire duties of reconciliation, which require that (...) they improve themselves, make reparations for the harm caused, and retract the meaning expressed in the original wrong. Failure to do these things expresses a lack of regard for the victims, and can make those wrongdoers appropriate targets of blame. (shrink)

Two-thirds of global industrial greenhouse gas emissions over the past two centuries can be traced to the activities of a handful of companies (‘carbon majors'). Based on their direct contribution to climate change in terms of carbon emissions and on a number of morally relevant facts, this article proposes a normative framework to establish the responsibilities that carbon majors have in relation to climate change. Then, the analysis articulates these responsibilities in the form of two duties: a duty of (...) decarbonisation and a duty of reparation. The duty of decarbonisation entails a large-scale transformation that carbon majors ought to undergo in order to reduce and eventually eliminate carbon emissions from their entire business model. The duty of reparation implies rectification through disgorgement of funds for the wrongful actions of carbon majors, which resulted in negative climate impacts, starting from the most socially vulnerable groups affected by climate change. Finally, the article indicates possible practical implications of these duties. (shrink)

This paper addresses the question of when and why duties are conditional on compliance on the part of others, by examining the role of reciprocity in Rawls's theory of justice. In particular, it argues that the idea of reciprocity and the relational nature of distributive justice can help explain three otherwise puzzling aspects of Rawls's view: (1) his claim that justice has to be "congruent" with the good; (2) his claim that the justification of a political conception of justice (...) depends on showing that an overlapping consensus of reasonable comprehenisve doctrines is possible, even after the freestanding argument for the political conception has been successfully completed; (3) his claim that there are no global duties of distributive justice, beyond the non-comparative duties of aid and reparation. Each of these arguments has been the subject of controversy partly because of a lack of attention to reciprocity, the paper argues, and the relational nature of Rawls's non-luck-egalitarian position. (shrink)

In this article, we argue that YouTube’s algorithm should be programmed to make a modest but significant percentage (e.g. 2%) of recommendations for the climate. Just as a librarian has a (meta-editorial) responsibility to highlight certain titles and not others, we believe that so should YouTube’s algorithm. The company, we argue, has duties of content moderation, reparation and meta-editing, as well as strong consequentialist reasons to program its algorithm to do so. With 2 billion users, our proposed intervention could (...) be an effective contribution to mitigating the climate crisis in a transparent and accountable way. We consider different setups, with varying degrees of transparency and centralization. We then address the worries that such a project may raise: the risk of manipulation, the threat of a slippery slope, and the concerns for freedom of expression. We conclude that none of these elements seriously undermine the desirability of our proposal. (shrink)

This paper is dedicated to the first universities and mendicant schools, where thousands of students began to converge during the thirteenth century. Logic played an unpreceded role in basic and higher education. A “Parisian logical model” of education was shaped at the University of Paris, adopted by mendicant Orders in their schools of logic, diffused in all disciplines, and progressively spread in Southern Europe. Medieval education became heavily based upon logical, and even “logician” practices, with the “syllogization” of exegetical, disputational, (...) and evaluation practices.The notion of logical skill conveniently captures this unique situation for the discipline of logic, as well as the way medieval thinkers conceived of logic as a universal, transdisciplinary method, a natural operation of the mind, a modality of knowledge, the very form of teaching and graduating, a “habitus,” a technique and a science.The divisions of Aristotelian logic, the “artificial logic,” were for the first time naturalized and projected on the very structure of human mind, which was thereby “logicalized” and ascribed a “natural logic.” A strong anthropological dimension was bestowed on logic. The discipline of logic was deemed a necessary instrument in the philosophical “perfection” and the Christian “reparation” of man as an intellectual creature by a group of logically skilled, professional philosophers and theologians, whereas men deprived of logical education were described as “logically disabled,” and stuck into inferior forms of humanity.The world of medieval intellectual elites displayed a variety of social uses of logic, beyond academic circles, especially in the performance of pastoral duties. The possible historical records of the social usefulness of logic are explored: for students, the majority in medieval universities, who left university without a degree, but with a solid logical education, for ordinary mendicant friars, dedicated to preaching and confession, who frequented logical schools, and for members of the parish clergy sent to the faculties of arts. (shrink)

Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to reparation as (...) a usurped people and the need to overhaul government policy. Opposing inter-war policies of biological assimilation, they argued for a humane national Aboriginal policy including citizenship and rights in the person. Where white men had failed in their duty towards indigenous peoples, world women might bring about a new era of civilized relations between the races. (shrink)

Questions regarding the moral responsibility of Internet accessand service providers relating to information on the Internetcall for a reassessment of the ways in which we think aboutattributing blame, guilt, and duties of reparation andcompensation. They invite us to borrow something similar to theidea of strict liability from the legal sphere and to introduceit in morality and ethical theory. Taking such a category in thedistribution of responsibilities outside the domain of law andintroducing it into ethics, however, is a difficult thing. (...) Doingso seems to conflict with some broadly shared and deeply feltintuitions regarding the individuality of responsibility and therelationship between responsibility and guilt. These convictionscoincide with some basic ideas in Kantian moral theory and theascriptive theory based on these ideas. Nevertheless, theproblems to which the proposed liabilities / responsibilitiesrelate are so serious that they do not seem to leave room foraloofness. At least, they encourage us to reconsider the idea ofstrict liability carefully and to assess its merits. (shrink)

Most cosmopolitans who are concerned about world poverty assume that for citizens of affluent societies, justice beyond national borders is a matter of their positive duty to provide aid to distant people suffering from severe poverty. This assumption is challenged by some authors, notably Tomas Pogge, who maintains that these citizens are actively involved in the incidence of poverty abroad and therefore neglect their negative duty of refraining from harming others. This paper examines the extent to which it is pertinent (...) to contend that citizens in economically advanced countries are morally liable for the impoverishment of a sizable population of the developing world. The contention in question can be interpreted in two nonexclusive ways. First, it might imply that historical injustices, including colonialism and slavery, contributed to both contemporary affluence in some parts of the world and poverty in others. Second, it could imply that the present global economic system, instituted and implemented by the governments of rich and powerful countries acting in the name of their citizens, is benefiting the citizens while harming the world’s disadvantaged. The author argues that the idea of reparation for historical injustices suffers from serious philosophical difficulties, including the non-identity problem presented by Derek Parfit, and thus fails to provide a satisfactory approach to the existing problem of poverty. This paper then examines the alleged liability of citizens in affluent countries, with a special reference to empirical observations on the policy process. The paper concludes by suggesting a twofold theory of global justice, which combines material, managerial, and moral assistances for a society lacking a competent government and proposes institutional reforms in the global order in order to achieve poverty reduction. (shrink)

Why should leaders of polities; as representatives of citizens; be required to apologise and make reparations for deeds committed in the historical past? Assumptions commonly made by liberals about the scope of responsibility and the duties of citizens make this question difficult to answer. This paper considers some unsuccessful attempts within a liberal framework to defend obligations of reparation for historical injustices and puts forward an account based on the lifetime-transcending interests of citizens.

This introduction and the contributors to this volume advance the debate on the normative relevance of historical injustice. This introduction shows that discussions on this topic should consider four aspects: first, the temporal dimension of justice; second, the connection between current claimants for reparations and the putative duty-bearers with the original perpetrators and victims of historical injustice; third, how changes in circumstances might affect what is considered just; and fourth, the appropriate form of reparation. The introduction provides an overview of (...) the contributions made by Zara Goldstone, David Heyd, Daniel Loewe, Michael Luoma and Margaret Moore, Macarena Marey and Alejandro de Oto, and David Miller. Michael Luoma and Margaret Moore argue that historical territorial injustice is somehow unique, and present a comprehensive comparison between forward-looking and backward-looking approaches. Macarena Marey and Alejandro de Oto argue that historical injustices should be seen as contemporary issues. David Heyd’s contribution posits that the non-identity problem cannot be circumvented by appealing to groups. Daniel Loewe contends that the legitimate expectations of contemporary citizens should take precedence over historical claims for the restitution of territory. David Miller assesses when and why the way in which victims of historical injustice respond to its effects is relevant to the calculation of compensation. Finally, Zara Goldstone argues that migration rights should be considered part of the reparations offered by former colonising countries to their former colonies. (shrink)

As its title suggests, Robert Audi’s The Good in the Right1 defends an intuitionist moral view like W.D. Ross’s in The Right and the Good. Ross was an intuitionist, first, in metaethics, where he held that there are self-evident moral truths that can be known by intuition. But he was also an intuitionist in the different sense used in normative ethics, since he held that there are irreducibly many such truths. Some concern the intrinsic goods, which are in turn plural, (...) so there are prima facie duties to promote pleasure, knowledge, virtue, and just distributions. But others are deontological, requiring one apart from any consequences to keep promises, not lie, make reparations, express gratitude, and not injure others. Audi embraces both these intuitionist views, but in each case with an important addition. Ross sometimes said that if a proposition does not need proof, it is incapable of proof, or cannot be justified inferentially. Audi argues persuasively that this is not so. A proposition that is selfevident, in the sense that understanding it justifies one in believing it, can also be derivable from other self-evident propositions in a way that increases its justification. And he exploits this possibility in his normative ethics. Whereas Ross held that his prima facie duties are underivative, Audi suggests that, while self-evident, they can also be grounded in a more abstract principle. More specifically, he argues in Chapter 4 of his book that they can be grounded in Kant’s categorical imperative, which he applies primarily in its second, or formula of humanity, version. The result is to transform what Audi calls Rossian intuitionism into Kantian 1 intuitionism, where specific duties about promoting pleasure and keeping promises derive from a more fundamental requirement to respect rational personhood. I will not challenge Audi’s version of metaethical intuitionism, which I think is the most subtle and persuasive yet given. Nor will I question his normative starting-point in Ross’s theory of prima facie duties, which I find unimpeachable.. (shrink)

With gratitude for our commentators’ thoughtful and generous engagement with Recognizing Wrongs, we offer in this reply a thumbnail summary of their comments and responses to some of their most important questions and criticisms. In the spirit of friendly amendment, Tom Dougherty and Johann Frick suggest that a more satisfactory version of our theory would cast tort actions as a means of enforcing wrongdoers’ moral duties of repair. We provide both legal and moral reasons for declining their invitation. Rebecca (...) Stone draws a particular link between civil recourse in private law theory and the right of self-defense as recognized in criminal law and moral theory. While we share Stone’s basic inclination, we argue for a different version of the link than the one that she draws. Veronica Rodriguez-Blanco provides a critique of our model of negligence law based on action theory. In response, we explain – in a way that we hope sheds light on debates over moral luck – how it is possible for the law to define negligence such that its commission depends simultaneously on the character of the defendant’s conduct and on the consequences that result from it. Though generally sympathetic to our approach, Stephen Smith faults us for failing satisfactorily to explain important remedial dimensions of tort law. Stubbornly, we insist that we can account for these, and indeed can do so on more satisfactory terms than corrective justice theorists. Finally, Erin Kelly challenges us to consider how our work might inform the analysis of two pressing issues of racial justice: overcriminalization and reparation payments. While we question whether our work to date has as much to offer on these matters as she suggests, we also maintain that the core principle of civil recourse theory – where there is a right there is a remedy – provides grounds for critiquing modern law’s failure to provide adequate accountability when police officers use excessive force against persons of color. (shrink)

Hājjī Bayrām Walī’s religious guidance activities that he took over from Somuncu Baba (Ḥamīd al-Dīn Aqsarāyī) were not limited with Ankara and nearby it. These activities continued by expanding with Bayrāmī tekke lodges and zāwiyas which were established by khalīfas trained by him. As a result of this expanding, Shaykh Luṭfullah, one of the khalīfas, led to establishment of waqf and works related to it such as mosque, madrasah and zāwiya in Balıkesir and nearby it. There has not been any (...) detailed study about life of Shaykh Luṭfullah and his services. In this article, the waqf established by Shaykh is analyzed in terms of its trustees, sources of income, in charges, repairs and inspection of zāwiya. Documents analyzed for this article present that Shaykh Luṭfullah contributed to taking shape of religious and cultural structure of Balıkesir and nearby it in the 15th century. His services were not only on spritual bases under the roof of the mosque but he also had an effect on the economic, social and educational life of the region. Thus, Shaykh Luṭfullah and his zāwiya set an important example of the active and dynamic aspect of Anatolian wisdom (irfān) involved in life.Summary: Hājjī Bayrām Walī’s religious guidance activities that he took over from Somuncu Baba (Ḥamīd al-Dīn Aqsarāyī) were not limited with Ankara and nearby it. These activities continued by expanding with Bayrāmī tekke lodges and zāwiyas which were established by khalīfas trained by him. Hājjī Bayrām Walīwas one of the leading sufis who contributed to the formation of sufistic educational tradition. He played a role as an important attraction center in the middle of Anatolia and provided guidance for significant individuals such as Aq Shams al-Dīn (d. 863/1459), Yazıcızāde Muḥammad Bīcān (d. 855/1451) and Eşrefoghlu Rūmī (d. 874/1469-70?). One of such individuals, who completed his spiritual journey under the guidance of Hājjī Bayrām Walīwas Shaykh Luṭfullah from Balıkesir. He became khalīfa at the end of his duty with Hājjī Bayrām Walī. Luṭfullah Efendi descended from Isfendiyarids ancestry. He had left his job, in which he held a high position, and attended to the sect and settled in Balıkesir city. There is limited information about him, but it is known that he went to Ankara in order to help to establish Turkish bath upon the request of some significant figures of the time and there he met his mentor Hājjī Bayrām Walī. As a result of their conversations, the two became close to each other.Shaykh Luṭfullahinvited Hājjī Bayrām Walīto Balıkesir where their relation continued and increased. Luṭfullah Efendi established a beautiful house for his Shaykh Hājjī Bayrām Walīwho stayed in Balıkesir for a while. When he left for Ankara, the Shaykh charged Luṭfullah Efendi with the duty of spreading Bayrāmiyyateachings in Balıkesir and its neighborhood by entitling him as ‘Khalīfa’. Besides the fact that the exact date of his death is not known, it is recorded that Luṭfullah Efendi died at the beginning of the period of Meḥmed II’s (1451-1481) reign. His tomb is located in ahazire(an Ottoman word used for burial area reserved for special people especially in mosques or sufi lodges) in the Mosque called with his name after his death. It is known that Shaykh Luṭfullah had a son named Bahā’ al-Dīn (d. 895/1489-90)and a grandson named Shaykh Muḥyīal-dīn Meḥmed (d. 952/1545-46). Shaykh Luṭfullah carried out significant services in the mosque and zāwiya, which he built with his own budget and he contributed to various important and permanent services that continued throughout centuries. However, as much as we could determine, there is no study about the waqfor service fields of his buildings. In this article, the goal is to analyze some of the tangible surviving heritages of Shaykh Luṭfullah. The analysis is based on the documents in the related archives. In this context, mosque/waqfestablished by Shaykh Luṭfullah Efendi is analyzed under the subtitles of “administrator, resources of income/real properties, his servicemen, renovations-expenses of the mosque and inspection of the zāwiya”. Based on the relevant archive documents, it is understood that after the death of Shaykh, in order to be able to continue the services of the mosque and zāwiya, the authority of ruling his waqfpassed to his son, MawlānāBahā’ al-Dīn. It is known that Bahā’ al-Dīnwas very careful about the distribution of his father’s waqfincomes among the ones in need. He also established a sūfī-hāne building in Balıkesir. After Bahā’ al-Dīn, his son Muḥyīal-dīn Meḥmed (the grandson of Shaykh Luṭfullah) took the charge of the waqf. After his period, this duty continued to be spread among his ancestry until the beginning of the last century. The waqfcontinued to the services through the income obtained from the real estates. Based on the analyzed documents, it is determined that income-expense calculations of the waqfwas inspected from time to time, and the services of zāwiya was controlled occasionally in order to see if they continue to do so. Shaykh Luṭfullah Mosque, one of the most important historical artifacts in Balıkesir, has served Muslims for almost five hundred years and it went through various kinds of repairs. It is deemed suitable to analyze reparations, expansions and renovations in two different groups: Before Balıkesir earthquake in 29 January 1898 and after the earthquake. It is important to know that almost fifty percent of houses and buildings in Balıkesir city center was completely destroyed, many people died or seriously injured in the earthquake. Shaykh LuṭfullahMosque was completely demolished as well. It should be mentioned that the mosque had already been in bad condition before the earthquake. According to a document written one week before the earthquake, the mosque was very old and it could not meet the demands of the community any more as it was so small. After the devastating earthquake, ‘Abd al-Ḥamīd II ordered its renovation. Upon this order, the mosque was rebuilt and expanded. The name of ‘Umar ‘ᾹlīBey, Mutasarrıf(governor of an Ottoman province) of Qarasīis mentioned in the documents about the renovation of various buildings including Shaykh Luṭfullah Mosque after the 1898 Balıkesir earthquake. It is seen that various services in different positions were provided in Shaykh Luṭfullah Mosque where the mosque workers were the ones who mainly carried out these services. These duties were: “Imamate, oratory, muezzin-tutor, ministry and nāsih, children’s teacher, ferrāş, tabbākh and supervision”. These duties show that besides religious services, Shaykh Luṭfullah waqfused to provide educational services as well. On the other hand, based on the analyzed documents, we can assume that the needy could eat in this center, which used to serve like a social aid and solidarity waqf. In this article, specific detailed information is presented about some workers served in the waqf. Information about the name, date and salary of these workers is also included. When the waqfand services of Shaykh Luṭfullah are analyzed, it can be seen that he was a significant figure, carried out important missions just like his mentor Hājjī Bayrām Walī. It should be noted that Luṭfullah Efendi used to conduct sufistic conservations in the mosque he established but did not make religious ceremonies in his zāwiya in Mihaliç (Karacabey); he preferred to transform it into a center in which the needy can be fed and provided for their needs. In this respect, the Zāwiya of ShaykhLuṭfullah sets a significant example, which duly presents the active and dynamic aspect of Anatolian wisdom. (shrink)

As a U.S. civil rights policy, affirmative action commonly denotes race-conscious and result-oriented efforts by private and public officials to correct the unequal distribution of economic opportunity and education attributed to slavery, segregation, poverty and racism. Opponents argue that affirmative action (1) violates ideals of color-blind public policies, offending moral principles of fairness and constitutional principles of equality and due process; (2) has proven to be socially and politically divisive; (3) has not made things better; (4) mainly benefits middle-class, wealthy (...) and foreign-born blacks; (4) stigmatizes its beneficiaries; and (5) compromises the self-esteem and self-respect of beneficiaries who know that they have been awarded preferential treatment. By way of a thought experiment, imagine that after decades of public policy and experimentation, the United States public finally came to agree: affirmative action is morally and legally wrong. Employing such a thought experiment, this essay by a beneficiary of affirmative action—written in response to James Sterba’s Affirmative Action for the Future (2009)—examines duties of moral repair and the possibility that the past beneficiaries of affirmative action owe apologies, compensation or some other highly personal form of corrective accountability. Beneficiaries of affirmative action have experienced woundedness and moral insecurity. Indeed, the practice of affirmative action comes with a psychology, a set of psychological benefits and burdens whose moral logic those of us who believe in our own fallibility—as much as we believe in the justice of what we have received and conferred on others—should address. (shrink)

There are strong moral and legal pressures against harming civilians in times of conflict, yet neither just war theory nor international law is clear about what responsibilities belligerents have to correct harm once it has been inflicted. In this book, Marcus Schulzke argues that military powers have a duty to provide assistance to the civilians they attack during wars, and that this duty is entailed by civilians' right to life. Schulzke develops new just war principles requiring belligerents to provide medical (...) treatment and financial compensation to civilian victims, and then shows how these principles can be implemented in governmental, military, and international practice. He calls for a more individual-focused conception of international law and post-war justice for victims - as opposed to current state- or group-based reconstruction and reparation programs - which will provide a framework for protecting civilian rights. (shrink)