The article studies the Norwegian, Finnish and Swedish truth commissions dealing withstate-Sámi (an indigenous population living in northern Scandinavia, Finland and north-western Russia) relations through the concept of transnational historical justice. The fact that three separate commissions are studying the history of the Sámi has been criticized by earlier researchers, but never from the perspective of intergenerational, and more specifically historical justice. Our study of the mandate documents and the report of the Norwegian commission (the (...) only one published in the time of writing of this article) points to constructive ways forward that could acknowledge and better embrace the transnational character of Sámi history, especially in terms of historical justice. We also study in what way the Norwegian commission worked within and stretched the framework set by the mandate document. Our conclusion is that the lack of transna-tionalism in the mandate and work of the commissions leads to historical Sámi individuals and groups being forgotten. These are historical groups and individuals whose existence does not fit in neatly in the presentist perspective of the commissions, projecting the current nation state borders back in time. For this reason, historical justice toward these groups is also a forgotten issue in the mandate and work of the commissions. (shrink)

This paper proposes a model of transnational corporations that calls for a non-unitary normative approach to ground the kind of corporate social responsibility that must, maximally, be ascribed to them. This involves injecting the notion of moral obligation into the picture, a particularly strict notion with an equally rigorous set of requirements that is not normally expected to be applicable to the case of big business operating internationally. However, if we are to be honest about the prospects of establishing (...) a viable regime of international justice in conditions of globalized economies, the litanies of half-measures, wishful thinking, and lame excuses for nottackling the responsibilities of multinationally operating economic units will obviously lead us nowhere. Neither will any lists of principles of a voluntary global compact type, nor the intuitions of business ethics writers, be of any help either. We must go back to the historical kernel of ethical systems, identify key concepts, and ascertain for which particular issues raised by the operation of transnationals each such concept best delivers the corresponding moral obligation, thus silencing the traditional realist worry that the international arena is, logically, a Hobbesian state of nature. My proposal rests on the idea that transnationals are polythetic organisms,both internally and externally, that require a corresponding multi-positioned ethical approach to cover their overlapping operating units. (shrink)

Calls for justice and reconciliation in response to political catastrophes are widespread in contemporary world politics. What implications do these normative strivings have in relation to colonial injustice? Examining cases of colonial war, genocide, forced sexual labor, forcible incorporation, and dispossession, Lu demonstrates that international practices of justice and reconciliation have historically suffered from, and continue to reflect, colonial, statist and other structural biases. The continued reproduction of structural injustice and alienation in modern domestic, international and transnational (...) orders generates contemporary duties of redress. How should we think about the responsibility of contemporary agents to address colonial structural injustices and what implications follow for the transformation of international and transnational orders? Redressing the structural injustices implicated in or produced by colonial politics requires strategies of decolonization, decentering, and disalienation that go beyond interactional practices of justice and reconciliation, beyond victims and perpetrators, and beyond a statist world order. (shrink)

This paper offers a transnational analytical framework to inform contemporary anti-racist solidarity building in what is now called Canada by engaging with migration, colonialism, and indigeneity. In particular, I trace the historical entanglements of modernity/coloniality from the British Empire’s Canal Colonies project in Punjab to colonial policies in what is now called British Columbia while centring land and Indigenous sovereignty.

In Democratic Education in a Globalized World (Routledge, 2019) I defend a discourse theory of global justice as the appropriate normative1 ground for conceiving educational justice and citizenship education under conditions of economic and political globalization. In addition, I articulate democratic conceptions of global educational justice and citizenship education that recognize a moral-political right to democratically adequate education and call for the creation of transnational democratic consciousness. Based on these conceptions I spell out school practices such (...) as historically informed, cross-cultural learning within socially diverse settings that would contribute to realizing these conceptions. In this article I reply to liberal perfectionist, communitarian-conservative and empiricist-historical critiques of Democratic Education in a Globalized World from Michael Festl, Martin Beckstein and Michael Geiss, respectively. I emphasize the feasibility of injustice-reducing educational practices, I explain how a discourse theory of justice accommodates considerations of both the good and the right, and I justify why the grim record of past educational experience does not render pointless the pursuit of progressive aims through education. (shrink)

This book assesses the rapid transformation of the political agency of religious groups within transnational civil society under conditions of globalization weakening sovereign nation-states. It offers a synthesis of the resurgence of Jasper's axial thesis from distinct lines of research initiated by Eisenstadt, Habermas, Taylor, Bellah, and others. It explores the concept of cosmoipolitanism from the combined perspectives of sociology of religion, critical theory, secularization theory, and evolutionary cultural anthropology. At the theoretical level, cosmoipolitanism prescribes how local, national, (...) class='Hi'>transnational, global, and virtual spaces ought publically to engage in transcivilizational discourse without presuming the secular assumptions tied to cosmopolitanism. Employing insights of critical theory, this book offers a micro-level analysis of the pragmatics of discourse of each axial tradition contributing to the role of religion within multiple modernities. While circumscribing the particular historical limits of each tradition, the book extends their internal claims to species universality in light of the potential for boundless communication Jaspers saw initiated with the Axial Age. In Jon Bowman's novel and important work, he rethinks the challenges of global justice. Bowman is not just concerned with global justice in the modern world, but with a genealogy that begins with a better understanding of the Axial age, one that is also the unique signature of cosmoi-political institutions. Arguing with depth and precision, Bowman challenges Kantian and Rawlsian universalism. His argument provides a new interpretation of cosmopolitan justice as he explores the deeper roots of cosmopolitan justice. James Bohman Saint Louis University Jon Bowman's Cosmoipolitan Justice is an important, innovative and timely work. Construing globality in terms of pervasive conditions of worldwide interdependence, Bowman advances a decidedly pluralistic account of cosmopolitanism, one uniquely shaped by recent theories of multiple modernities. His analysis is sustained by a highly informed appropriation of such diverse thinkers as Theodor Adorno, Abudullah An-Naim, Talad Asad, Schmuel Eisenstadt, Jürgen Habermas, Karl Jaspers, John Rawls, Amartya Sen, and Charles Taylor. One special feature is the book's synthesis of research on global governance with that on post-secularity and the place of religion in the public sphere. On this basis Bowman presents a distinctive account of the world's axial religions, one underwriting a multi-polar, intercultural global public realm able to address social, political, and economic issues confronting the global community today. This book should be of great interest to students and scholars in philosophy, political theory, international relations, sociology, and religious studies. Professor Andrew Buchwalter Department of Philosophy University of North Florida. (shrink)

Over the past 15 years, Rainer Forst has developed a fundamental research programme within the tradition of Frankfurt School Critical Theory. The core of this programme is a moral account of the basic right of justification that humans owe to one another as rational beings. This account is put to work by Forst in articulating - both historically and philosophically - the contexts and form of justice and of toleration. The result is a powerful theoretical framework within which to (...) address issues such as transnational justice and multicultural toleration. In this volume, Forst sets out his ideas in an extended essay, which is responded to be influential interlocutors including: Andrea Sangiovanni, Amy Allen, Kevin Olson, Anthony Laden, Eva Erman and Simon Caney. The volume concludes with Forst's response to his interlocutors. (shrink)

In recent years, countries have begun to establish ministries of transitional justice as part of political transitions from authoritarianism to democracy or from conflict to peace. This may reflect a broader historical trend in the administration of TJ, which has evolved from isolated offices within a particular ministry to ad hoc cross-ministry coordinating bodies to the establishment of dedicated ministries. The reasons for the establishment of specific ministries to pursue TJ, what we call ministerialization, have not attracted scholarly (...) attention. This article explores the causes and likely consequences of this development. In particular, it applies international relations, comparative politics, and public policy theories to explain the phenomenon. Contrary to some TJ literature that is concerned about hegemonic transnational discourse, international actors have played little to no role in shaping how TJ is bureaucratically managed. Rather, based upon fieldwork in Solomon Islands and Tunisia, the article concludes that ministerialization has been the result of domestic policy entrepreneurship. For TJ ministries to become a norm, however, more transnational actors will need to be convinced of the benefits of such an institutional arrangement. (shrink)

The relationship between international order and justice has long been central to the study and practice of international relations. For most of the twentieth century, states and international society gave priority to a view of order that focused on the minimum conditions for coexistence in a pluralist, conflictual world. Justice was seen either as secondary or sometimes even as a challenge to order. Recent developments have forced a reassessment of this position. This book sets current concerns within a (...) broad historical and theoretical context; explores the depth and scope of this presumed solidarism amidst the difficulties of acting on the basis of a more strongly articulated liberal position; and underscores the complexity and abiding tensions inherent in the relationship between order and justice. Chapters examine a wide range of state and transnational perspectives on order and justice, including those from China, India, Russia, the United States, and the Islamic world. Other chapters investigate how the order-justice relationship is mediated within major international institutions, including the United Nations, the World Trade Organization and the global financial institutions. (shrink)

Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court, offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a (...) distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English.This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog. (shrink)

We consider here how cultural and socioeconomic dimensions of justice beyond the state are related. First we examine cosmopolitan theories that have drawn on John Rawls's egalitarian liberal framework to argue that a just global order requires substantive, transnational redistribution of material resources. We then assess the view, ironically put forward by Rawls himself, that this perspective is ethnocentric and insufficiently tolerant of non-liberal cultures. We argue that Rawls is right to be concerned about the danger of ethnocentrism, (...) but wrong to assume that this requires us to reject the case for substantive redistribution across state boundaries. A more compelling account of justice beyond the state will integrate effectively socioeconomic and cultural aspects of justice. We suggest that this approach is best grounded in a critical theory of recognition that responds to the damage caused to human relations by legacies of historical injustice. (shrink)

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of (...) the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University. (shrink)

Social justice struggles are often framed around competing hegemonic and counter-hegemonic projects. This article compares several organizations of global civil society that have helped shape or have emerged within the changing political-economic landscape of neoliberal globalization, either as purveyors of ruling perspectives or as anti-systemic popular forums and activist groups. It interprets the dialectical relation between the two sides as a complex war of position to win new political space by assembling transnational historic blocs around divergent social visions (...) – the one centered on a logic of replication and passive revolution, the other centred on a logic of prefiguration and transformation. It presents a sociological analysis of the organizational forms and practical challenges that their respective hegemonic and counter-hegemonic projects entail. (shrink)

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

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)

This Article makes three moves. First it suggests and elaborates a distinction—already implicit in the literature—between what I will call the first and second order of arguments for justice (hereinafter FOAJ and SOAJ). In part, it is a distinction somewhat similar to that between just war and justice in war. SOAJ are akin to the rules governing justice in war or rules of engagement, while bracketing the reasons and causes of the conflict. FOAJ on the hand are (...) those principles of justice and arguments that derive their power from the distribution of entitlements, rights and duties of the parties prior to the conflict they are supposed to adjudicate. FOAJ aim in many ways to restore the distribution of entitlements that existed on the eve of the conflict. Thus, all arguments for corrective or historical justice could be viewed as FOAJ. The second move in the paper associates FOAJ with the Palestinians and SOAJ with Zionism first and Israel later on. The more the settler Zionist project became a reality, the more the Palestinian population felt a threat to their national project and exercised resistance, including violent resistance. The more Palestinians showed resistance, the more appealing and more relevant SOAJ of self-defense, security, and emergency. The third move in the paper is to ask questions regarding the relation between FOAJ and SOAJ offer a critique of the distinction itself, and offers a critique of the way the distinction is being deployed in the case of Israel-Palestine. The Israeli claims for self-defense and security(SOAJ) are becoming so pervasive that they threaten to suspend the claims for historical justice forever (FOAJ), to the point that everything, even the regime that is crystallizing in front of our eyes as an Apartheid regime, is being justified as a temporal necessity. Israel deployment of SOAJ is done in bad faith. (shrink)

This chapter first discusses four categories of international criminal law, namely international aspects of national criminal law, international criminal law stricto sensu, suppression conventions/transnational criminal law, and international standards for criminal justice. It then explains some crosscutting issues that are in the forefront of both historical and contemporary discussions in the area, organizing the material under the rubric of jurisdiction, paying particular attention to how this plays out in a number of suppression conventions. The appropriateness of domestic (...) court jurisdiction is a fundamental issue in relation to most of the subject matter of the first three of the categories of international criminal law and to significant instruments developed in the fourth. The chapter also introduces a recent international criminal treaty, namely 2010 Beijing Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, that is regarded as the state of the art. (shrink)

The "non-identity argument" has been applied to reject the validity of claims for historic justice, often generating highly unintuitive conclusions. George Sher has suggested a solution to this problem, explaining the harm to descendants of historically wronged peoples as deriving not from the historic wrongs but from the failure to provide rectification to the previous generation for harm they suffered. That generation was likewise owed rectification for harm they suffered from failure to provide rectification to the generation preceding them. (...) In this chain of injustices each failure to provide rectification to one is the source of wrongful harm to the next. Such chains form a "bridge" between the historic wrong and the harm suffered by living individuals. I call this approach the subsequent-wrong solution (SWS). I argue that bypassing the non-identity argument in this way is problematic. First, SWS cannot justify rectification in seemingly legitimate historic-justice claims, such as historic wrongs generating delayed harms that skip generations. Second, SWS justifies rectification for the wrong reasons, denying the essence of historic-justice claims: that past wrongs, for which original wrongdoers are responsible, harm descendants of original victims. Finally, SWS does not fully account for group membership's role in historic injustice, unable to distinguish between claims of descendants of historic victims and claims made by others with unrelated interests in the rectification of the previous generation. A supplementary solution is needed, focusing on the role of group harm and group membership. The plausibility of this approach, tying individual harm to group harm, derives from these three limitations of the subsequent-harm solution. I give a rudimentary account of what such a solution would look like. (shrink)

Wealthy philanthropic individuals operating within private law have been largely absent from the historical justice narrative of states in transition and, consequently, from normative discussion regarding the justification of their actions under the auspices of the market. This Article seeks to fill this void by examining the “private” historical justice of Jewish state-building prior to the establishment of Israel. Specifically, it focuses on the legal history of Baron Edmond de Rothschild’s settlement project during the Ottoman and (...) Mandate periods and investigates the project’s normative implications. The Baron was a fundamental actor in the design of the Palestinian/israeli space, as he supported existing Jewish settlements and established new ones. He also built several public institutions that continue to exist to date. I argue that the Baron’s settlement project needs to be addressed from a multidimensional aspect with regard to different groups that were affected by it. On the one hand, his settlement project was just towards the Jewish settlement because it provided a shelter for Jewish immigrants who fled Europe, and it realized the Jews’ right of self-determination. On the other hand, his project resulted in the coercive displacement of an underprivileged local Arab population called the fellaheen and unjustly infringed on their territorial rights. (shrink)

The debates over global and historical justice much preoccupy contemporary political theory. Yet they have not been analyzed in tandem. And this, despite the fact that a number of theoretical frameworks, principal among them contractarianism and utilitarianism, configure arguments in both debates. In this essay, I show that such arguments, as advanced by either side in each of the two debates, all rest on a set of patterned assumptions about the nature of the self. Specifically, I argue, the (...) debates over historical and global justice resemble each other as parallel contests over the physical, metasocial, metaphysical and social natures of the self. At their cores, the debates over historical and global justice thus display a common and symmetrical structure. I will also show that certain conceptions of the self underlying both the anti-historical justice and the anti-global justice positions are mutually inconsistent. Similar contradictions do not beset the pro-historical and pro-global justice positions. (shrink)

The past decade has seen major movements and mobilizations against the new crop of bilateral free trade and investment agreements being pursued by governments in the wake of the failure of global (World Trade Organization) and regional (e.g. Free Trade Area of the Americas) negotiations, and the defeat of an attempted Multilateral Agreement on Investment in the 1990s. However, in spite of much scholarly, non-governmental organization (NGO) and activist focus on transnational global justice activism, many of these movements, (...) such as the major multi-sectoral popular struggle over the recently-concluded US-Korea Free Trade Agreement, are hardly acknowledged in North America and Europe. With a shift in emphasis pushing liberalization and deregulation of trade and investment increasingly favouring lower-profile bilateral agreements, this article maps the resistance movements to these latest shifts in global free market capitalist relations and discusses the disconnect between these (mainly Southern) struggles and dominant scholarly and NGO conceptions of global justice and the global justice movement as well as questions of knowledge production arising from these movements. (shrink)

This book makes a valuable contribution to recent debates on redress for historical injustices by offering case studies from nine countries on five continents.

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)

The Non-Identity Problem (NIP) has been recognized as a hindrance in justifying compensation for historical injustice. Since NIP applies to individuals, an attractive way of trying to remove the obstacle is by shifting the focus from the allegedly harmed individuals to the harmed group. However, critical examination of this move shows that (a) there are groups—most conspicuously African Americans—who were _created_ by the unjust wrongs for which compensation is now claimed and hence fall under the same category as any (...) wrongful life case on the individual level, and (b) even when the group already existed when the wrongs were perpetrated, with the long passage of time it changed its identity in the narrative sense, which means that its contemporary members are attached to it as it is defined today but not as it was when the wrong was done. The paper suggests, therefore, that the Group Non-Identity Problem (GNIP) is the parallel impediment to that of NIP in doing historical justice to social groups which were maltreated in the past. (shrink)

Within the social ontology of the nationalist model, the main agents of global justice claims are viewed as nation states or national collectivities. By contrast, within the cosmopolitan model, individuals, as citizens of the cosmopolitan world, are viewed as agents of global justice claims. I argue that neither of these models appropriately reflect the ontological conditions and circumstances of justice that have been produced by the current processes of globalization nor capture the justice claims of women (...) who suffer as a result of the global economy. As an alternative, I propose a transnational feminist model: processes of globalization have generated transnationalized socioeconomic units as ontological conditions of justice, and, in such conditions, transnational women’s collectivities are viewed as agents of global justice. -/- . (shrink)

The Jeu d'Adam—staged outside a church, sporting an energetic vernacular dialogue—was for Hardin Craig drama “caught in the very act of leaving the church,” as for E. K. Chambers it was a herald of secularization. O. B. Hardison's investigation into the origins of medieval drama has rendered that position untenable, but at the same time has left us with no explanation for this play's innovations. Scholars of the Chambers-Craig tradition at least did not imagine that style is without meaning or (...) that innovation is unmotivated. I want to suggest that the significance of the Adam's dramaturgic novelty can be traced to particular ideological disturbances created by particular developments in ecclesiastical life. The play appropriates the liturgy of public penance to reassert traditional authoritative forms at a time when the disposition of spiritual authority was being reimagined, both in formal theological discussions and in the concrete act of sacramental absolution. The world of historical experience, which Erich Auerbach saw in the realistic vernacular dialogue, finds a place in this play only to be put in its place; the innovations express in a new way the old idea that submission to the ecclesiastical hierarchy is a healthy way to live. In placing the action before the church doors the author made the church building not merely the context of the play , but also its subject. (shrink)

He is the author, among other books, of The Politics of Assimilation: French Jews at the Time of the Dreyfus Affair, Vichy France and the Jews (with Robert Paxton), The Unwanted: European Refugees in the Twentieth Century, The Holocaust in History, Mr. [...] I am grate- ful as well to the Ford Foundation, which supported a series of seminars on the subject of apologies I organized at the Munk Centre for International Studies of the University of Toronto during the academic (...) year 2004-2005, and to the two anonymous reviewers. [...] Official Apologies and the Quest for Historical Justice Thus, despite requests to do so, Soviet and later Russian leaders have never apologized for the massacre of thousands of Polish officers in the forest of Katyn in 1940; the Israelis refused the invitation of Egyptian Foreign Minister Mahmoud Riad in 1968 to apologize for their "aggression" the year before; American historian Eugene Genovese f [...] The apologies considered here are for wrongs that are historic in two 15 respects: first, through the gravity of the wrongdoing in the conscious- ness of the victims and their successors; and second, through the wrongdoing having occurred in the historical past, often the distant past, usually considered out of reach of criminal proceedings or other conventional modes of dispute resolution. [...] Because of the historic nature of the grievances, there is an element of the extraordinary in the acknowledgement of the wrong committed, the acceptance of responsibility, the expression of remorse, and the commitment to set the matter to rest. (shrink)

Some claim slavery did not harm the descendants of slaves since, without slavery, its descendants would never have been born and a life worth living, even one including the subsequent harms of past slavery, is preferable to never having been born at all. This creates a classic puzzle known as the non-identity argument, applied to reject the validity of claims for historic justice based on harms to descendants of victims of historic wrongs: since descendants are never harmed by historic (...) wrongs, they have no right to rectification. This conclusion is unintuitive. This article explains the nature of harm involved in historic injustice, overcoming the hurdle the non-identity argument poses to historic justice claims. Historic injustice and the harms it generates are best understood as group harms. Claims for historic justice can be grounded in harms currently living individuals suffer as a function of the harms their group or community currently suffers as a consequence of historic wrongs. One form of harm, constitutive harm, differs from the aggregative account of harm assumed by the non-identity argument and is immune to it. It is the type of harm people suffer as members of certain historically wronged groups and communities. Therefore, the constitutive harm people suffer in cases of historic injustice may serve as a basis for justifying claims for historic justice. (shrink)

Israel’s discursive strategy for legitimizing the displacement of Palestinians in 1948 involved describing it as part of a regional “population exchange.” This argument contributed to three critical characteristics of Israeli citizenship. First, it solidified an understanding of citizenship as a negation of persecution and a haven for would-be Jewish refugees. Second, it tied Mizrahi claims against states across the Middle East to Palestinian claims against Israel. Israel thus exploited Mizrahi refugee rights for its geostrategic interests—a fight against the claims of (...) Palestinian refugees. This had detrimental material consequences for both groups. Third, this strategy contributed to the construction of Palestinians as an “exchangeable remainder” and a demographic threat that could potentially pose a risk to the Jewish majority. Ultimately, Israel irrevocably entangled the displacement histories of three groups: Ashkenazi Jews, Mizrahi Jews, and Arab Palestinians. This Gordian knot remains with us today, and is reflected in a stratified Israeli society. But the vision that this symposium suggests we consider, that of “historical justice,” demands that it be undone. This Article therefore offers a way in which the refugee histories could perhaps one day be disentangled: a program of reparations for the Mizrahi and Palestinian citizens of Israel. (shrink)

Abstract:This essay aims to bring two important lines of inquiry and criticism together. It first lays out an institutionally enriched account of what a just world economic order will look like. That account prescribes, via the requisites to that mechanism which most directly instantiates the account, “three realms of equal treatment and market completion”—the global products, services, and labor markets; the global investment/financial markets; and the global preparticipation opportunity allocation. The essay then suggests how, with minimal if any departure from (...) familiar canons of traditional international legal mandate interpretation, each of the Bretton Woods institutions—particularly the GATT/WTO and the IMF—can be viewed at least in part as charged with the task of fostering equal treatment and ultimate market completion within one of those three realms. The piece then argues that one of the institutions in particular—the World Bank—has, for reasons of at best negligent and at worst willful injustice on the part of influential state actors in the world community, fallen farthest short in pursuit of what should be viewed as its proper mandate. The article accordingly concludes that a fuller empowerment of the Bank to effect its ideal mission will press the Bretton Woods system more nearly into ethical balance, and with it the world into justice; and that full empowerment of the GATT/WTO and IMF should be partly conditioned upon the fuller empowerment of the Bank. (shrink)

Each year, millions of people die from poverty-related causes. In this groundbreaking and thought-provoking book, Gwilym David Blunt argues that the only people who will end this injustice are its victims, and that the global poor have the right to resist the causes of poverty. He explores how the right of resistance is used to reframe urgent political questions: is illegal immigration a form of resistance? Can transnational social movements, such as the indigenous rights movement, provide the foundations for (...) civil resistance to global poverty? If peaceful resistance fails, is armed struggle justified? Do people living in affluent states have a responsibility to help even if it requires them to break the law? Giving clear historical examples and engaging with fields including philosophy, international law, history, and international political studies, this volume addresses real-world issues from terrorism to activism. It will be important for anyone interested in applied philosophy and global injustice. (shrink)

Migrants invariably and unavoidably experience domination under the nation-state centered concepts, categories, and institutions that structure our political thinking. In response, we need to build new forms of citizenship, including local, regional, transnational, and supranational forms of belonging, accompanied by meaningful, democratic, political power. In this paper, I examine historical and present-day alternative models of political organization as possible viable alternatives to state-centric liberal democracy. It begins the task of assessing these models using radical republican theory that grounds (...) non-domination in the active and equal participation of people subject to power.I have three broad aims. First, we need to break down the native-migrant dichotomy to highlight commonalities and search for solidarities among migrants and other marginalized and oppressed groups, including indigenous groups. Second, I seek to awaken the political imagination. Many people do not believe there are viable alternatives to liberal democracy centered around the nation-state. In response, we should draw attention to the ways in which the nation-state’s hegemony is fragile and fragmented and the ways in which sovereignty is complex and contested. Most importantly, we need to consider alternative models for inspiration. Third, we need tools for assessing the desirability of alternatives and for building new forms of citizenship.In what follows, first I explain why the dominant, nation-state centered model of political organization is unable to deliver justice in today’s world, or, indeed, address the collective dangers that humanity faces. I next provide a sketch of a radical republican vision that provides normative guidance our thinking about alternative institutions. I end by using this radical republic vision to reflect on possibilities to guide efforts to remake the world. (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)

From around the world, cities and regions, civil society networks and businesses, nongovernmental organizations and institutions for research and learning, and many others, are taking action on climate change. The role of these nonstate and substate actors is increasingly being recognized in the new facilitative climate regime. Political theory to date has been surprisingly silent about the scale and prospects of these actions for low-carbon, climate-resilient, and sustainable transformations. Idil Boran argues provocatively for the need for a widened scope of (...) vision, one that has a broader public life of climate action at its centre. While acknowledging the role of the state and the multilateral process, Boran maintains that social transformation is as deeply and more continuously influenced by the engagement of a wide range of actors below and above the state, whose actions are often locally anchored and inescapably interwoven across borders. Bringing concepts of the public sphere from political theory into contact with leading scholarship on transnational climate governance, Political Theory and Global Climate Action launches an exploration sensitive to changing patterns of practice, focused on diversity of actors, driven to explore historically contingent conditions of possibility, and responsive to questions of equity and justice in the context of transformations. The result is a repositioning of political thought on climate change, engaging political philosophers, scholars of politics and governance, and drivers of climate action worldwide at nonstate and substate levels interested in the social and political meaning of their engagement. (shrink)

This work attempts to address some basic feasibility concerns in the global taxation policy proposal. In recent years, moral-political philosophizing has extensively advan-ced the idea of transnational justice through volumes of scholarly literature. In moving the discussions beyond an ideational level and projecting it onto a practical realm, mo-ral-political thinkers have proposed a global taxation policy, the proceeds of the imple-mentation of which are meant to cater for the global poor. This proposal is morally laudable, given that it (...) would substantially benefit the global needy. Nonetheless, the proposal raises some basic feasibility concerns, such as the moral and legal justifiability of the proposal; the nature of the object to be globally taxed and how it is to be globally taxed; the nature of the globalist institution to implement the proposal; the legitimacy challenge of the globalist institution, and the challenge of practical implementation of the proposal by the institution. If the proposal is to succeed, the critical issues ought to be constructively addressed. Given that institutionalism necessarily emerges in the fea-sibility concerns, an institutionalist approach is advanced in this work to constructively address them. (shrink)

Here, I reply to four commentaries on my recent book, Promoting Justice Across Borders: The Ethics of Reform Intervention. I clarify and extend several topics from the book, including the relationship of ‘reform intervention’ to other ways of promoting global justice, the implications questions of identity and societal membership have for my theory of reform intervention, the status of individuals and collectives in my theory, and how my account of toleration relates to other liberal values and historical (...) practices of toleration. (shrink)

ABSTRACTIn this paper I address the distributive, inclusive, and relational dimensions of educational justice individually in relation to transnational migration. First, I thematize distributive issues with regard to immigrant students, the central question being whether these students are entitled to more or less educational resources as non-immigrant students. Second, I discuss to which extent and in which sense enabling immigrant students to participate fully in the social and political life of their receiving country is a demand of educational (...) justice. Third, I elaborate on which kinds of educational interactions – in the first place, which types of teaching – could perpetuate unjust treatment of those students in the form of disrespect. I claim that educational justice with regard to immigrated students consists in their enabling to full social and political participation by a mode of teaching that positively addresses students’ biographical experiences with migration, and by constructing school curricula which encourage inter-lingual, inter-cultural, and inter-contextual translations in the classroom. That is to say, that educational justice in context of migration is to be ultimately understood as relational justice, or more specific – as a matter of just pedagogical relations. (shrink)

Based on the theoretical reconstruction of neglected post-WWI writings and political action of W. E. B. Du Bois, this volume offers a normative account of transnational cosmopolitanism. Pointing out the limitations of Kant's cosmopolitanism through a novel contextual account of Perpetual Peace, Transnational Cosmopolitanism shows how these limits remain in neo-Kantian scholarship. Inés Valdez's framework overcomes these limitations in a methodologically unique way, taking Du Bois's writings and his coalitional political action both as text that should inform our (...) theorization and normative insights. The cosmopolitanism proposed in this work is an original contribution that questions the contemporary currency of Kant's canonical approach and enlists overlooked resources to radicalize, democratize, and transnationalize cosmopolitanism. (shrink)

Essays exploring the prospects for transnational democracy in a world of increasing globalization.

The article discusses human dignity in the aspect of modern challenges of technological civilization, which has entered a new stage of its development. Human dignity as a category of ethics remains underestimated, since in the first row of ethical values humanitarians, as a rule, put the categories of freedom and justice. Today, “dignity” acquires a special and higher status, the concept of human dignity is being rethought, going beyond the ethical category itself as a virtue. In the global world, (...) human dignity is a response to such contemporary challenges as the formation of a communicative world community with a focus on digital civilization, the anthropological problem of the future of humanity, the ecological situation on a global scale, the reorientation of the ethical and legal relations of a globalizing world. Human dignity is a problem of national-ethnic and national-state relations in the transition to transnational regulatory interactions. In the interpretation of the nation, the authors do not share the well-known two approaches to understanding the nation, on the one hand ethnocultural, and on the other - national-civil. Both approaches lead, whenever possible or necessary, to the transnational posing of the question, when human dignity becomes a priority regardless of nationality. In this connection, the utopian idea of the possibility of a global ethos is touched upon. The authors focus on the anthropoxy-axiological approach to the understanding of human dignity, where the cosmological principle of human existence is determined by his creative power. The urgency of the problem of human dignity is due to the fact that, as it were, in the modern life world a person did not put the economy above morality, the basis of human dignity in its being is a value moral consciousness, in the depth of which basic human values of transnational nature “work”, contradicting values consumer society driven by practical interests. Human dignity in this regard should be interpreted as an absolute value and at the same time one should take into account the multidimensionality of the problem of dignity in the context of modern globalization processes. Based on the ontological understanding of globalization as megatrends in the self-movement of the natural historical process, the authors substantiate the anthropological value of human dignity, which has universal, transcultural significance. The use of an anthropoxy-axiological approach and interdisciplinary methods reveals the universal value of virtue, based on the anthropo-social moral nature and the creative value of man. The creative transformational activity itself will not be worthy in quality without moral responsibility. The modern concept of human dignity is addressed to the ethics of responsibility, which means responsibility, which highlights the moral and axiological attitude to life, the adoption of responsible decisions in modern conditions of sociocultural interactions. In the context of globalization, the philosophy of human dignity becomes the dominant of all conscious-volitional activities, the core of the moral rethinking of the transnational and national ratio in the light of tolerance, the ability to non-violence. At the same time, the authors indicate in the formulation of the main issue of the philosophy of human dignity the possibility of going beyond the ethical category of human dignity, since the unchanging core of the universal human values of goodness-beauty-truth does not lose its meaning in the global, changing world. (shrink)

The ongoing debate on how best to regulate international commercial surrogacy defies consensus, as the most cogent normative and jurisprudential grounds for and against non-altruistic surrogacy remain controversial. This paper contributes to the debate by focusing on social justice issues arising from transnational, moneymaking surrogacy, with a focus on the Global South. It argues that existing theoretical perspectives on balancing interests, rights, privileges, and resources in the context of cross-border surrogacy—such as cosmopolitanism, communitarianism, liberal feminism, radical feminism, and (...) neorealism—are not sufficient to treat the question of justice underpinning transnational surrogacy in the Global South. An Afro-communal theory of social justice is proposed as an alternative model for addressing the shortcomings in existing global justice theories. Building on Thaddeus Metz’s construction of Afro-communal social theory and a bioethic of communion, this article reveals the fundamental nature of injustices in the Global South surrogacy foray. This approach provides prima facie grounds for making commercial surrogacy more just in the evolving global order. (shrink)

The term ‘nurse’ (hushi—’caring scholar’) did not enter the Chinese language until the early 20th century. Modern nursing—a fundamentally Western notion popularized by Nightingale and introduced to China in 1884—profoundly changed the way care of the sick was practiced. For 65 years, until 1949, nursing developed in China as a transnational project, with Western and Chinese influences shaping the profession of nursing in ways that linger today. Co‐authored by Chinese, Canadian, and American nurses, this paper examines the early stages (...) of nursing in one province of China as an exemplar of the transnational nature of nursing development. By identifying sociopolitical influences on the early development of nursing in Shandong, the authors aimed not only to contribute to the nascent body of knowledge on China nursing history, but also to heighten readers’ sensitivity to the existence of historical echoes, residue, and resonances in their own nursing practices. Tracing current issues, values, or practices back to their roots provides context and helps us to better understand the present. Whether we are aware of the details or not, the gestalt of nursing practice in a particular place has been shaped by its history—including in Shandong province in China. (shrink)

The small portion of philosophical work on global distributive justice that directly discusses particular agents, institutions or practices in global politics tends to focus on a narrow range of the existing set. The emphasis is chiefly on bilateral diplomacy or intergovernmental organisations, to the neglect of a variety of more recent forms of transnational governance, many of which incorporate non‐state actors, have more limited membership, involve informal and dynamic structures, employ cooperative and reflexive methods for ensuring compliance, and (...) operate largely out of the public eye. This article considers how philosophers should conceive of distributive justice in relation to these neglected sites of transnational governance, using the International Organization for Standardization (ISO) as an illustration. (shrink)

The small portion of philosophical work on global distributive justice that directly discusses particular agents, institutions or practices in global politics tends to focus on a narrow range of the existing set. The emphasis is chiefly on bilateral diplomacy or intergovernmental organisations, to the neglect of a variety of more recent forms of transnational governance, many of which incorporate non-state actors, have more limited membership, involve informal and dynamic structures, employ cooperative and reflexive methods for ensuring compliance, and (...) operate largely out of the public eye. This article considers how philosophers should conceive of distributive justice in relation to these neglected sites of transnational governance, using the International Organization for Standardization as an illustration. (shrink)