Machine learning algorithms pervade contemporary society. They are integral to social institutions, inform processes of governance, and animate the mundane technologies of daily life. Consistently, the outcomes of machine learning reflect, reproduce, and amplify structural inequalities. The field of fair machine learning has emerged in response, developing mathematical techniques that increase fairness based on anti-classification, classification parity, and calibration standards. In practice, these computational correctives invariably fall short, operating from an algorithmic idealism that does not, and cannot, address systemic, Intersectional (...) stratifications. Taking present fair machine learning methods as our point of departure, we suggest instead the notion and practice of algorithmic reparation. Rooted in theories of Intersectionality, reparative algorithms name, unmask, and undo allocative and representational harms as they materialize in sociotechnical form. We propose algorithmic reparation as a foundation for building, evaluating, adjusting, and when necessary, omitting and eradicating machine learning systems. (shrink)

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)

This chapter examines two basic philosophical challenges for the idea of reparations for past injustices (using colonialism as the focal point). The first challenge is that requiring people today to make reparations for an injustice they themselves did not commit is unfair. The second is that if reparative claims are invoked because of lingering injustices, then recalling the past is in fact normatively redundant if lingering present injustices can be handled by forward-looking principles. In response to the first (...) challenge, I argue that the unfairness worry is deflected if we adopt a collectivist-model of responsibility, ie, one that holds states instead of individuals to be the responsible actor. Against the redundancy objection, I suggest that reparative arguments can supplement and reinforce forward-looking distributive principles. (shrink)

Positive law and problems with identifying beneficiaries confine reparations for U.S. slavery to the level of discourse. Within the discourse, the broader topic of rectification can be addressed. The rectification of slavery includes restoring full humanity to our ideas of the slaves and their descendants and it requires disabuse of the false biological idea of race. This is not racial eliminativism, because biological race never existed, but more importantly because African American racial identities and redress of present racism are (...) based on lifeworlds of race in contrast with which the biological idea has been an external imposition. (shrink)

Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, this (...) does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance. (shrink)

Reparations is an idea whose time has come. From civilian victims of war in Iraq and South America to descendents of slaves in the US to citizens of colonized nations in Africa and south Asia to indigenous peoples around the world--these groups and their advocates are increasingly arguing for the importance of addressing historical injustices that have long been either ignored or denied. This volume contributes to these debates by focusing the attention of a group of highly distinguished international (...) experts on the ways that reparations claims figure in contemporary political and social justice movements. Four broad types of reparations claims are examined, those involving indigenous peoples, the legacy of slavery in the United States, victims of war and conflict, and colonialism. In each instance, scholars and activists argue about the character of the injustice for which reparations are owed, why it is important to take these demands seriously, and what form redress should take. The aim is not consensus but to exhibit better the complexity of the issues involved--a goal which the interdisciplinary nature of the volume furthers--as well as the importance of taking seriously both conceptual issues and the actual politics of reparations. (shrink)

This essay argues that reparations for wrongs by one's ancestors can be justified. Differential benefits to those descended from victims of one's ancestors is discrimination which can be justified by one's right to be partial to one's ancestors, doing what they, with clearer thinking, would have done--namely compensating their victims. So, while there is no obligation to discriminate, one has a right to, in virtue of one's partiality towards one's ancestors.

Some claim that a commitment to egalitarianism is in tension with support for reparations for historical injustice. This tension appears to arise insofar as egalitarianism is a forward-looking approach to justice: an approach that tells us what kind of world we should aim to build, where that world is not defined in terms of the decisions or actions of previous generations. Some have claimed that egalitarianism thereby renders reparations redundant. One popular option for egalitarians who aim to reject (...) this thesis is to insist that historical injustices demand reparations when they have caused present-day inequality. A promising alternative, skilfully defended by Alasia Nuti in Injustice and the Reproduction of History, is to argue that historical injustices stand in need of repair when they are reproduced into the present-day, such that some past and present injustices are in fact the same injustice. In this paper, I assess these egalitarian responses to the redundancy thesis. I find that Nuti’s account is equipped to reject this thesis, but that the same lines of reply can be adopted by proponents of the causal approach. I suggest that both approaches therefore be viewed as potential ways to conceptualise the relationship between historical injustice and our present normative circumstances; and that in choosing between them, we should understand ourselves to be engaged in an ameliorative project – a project that is guided by, and designed to help us to achieve, our legitimate purposes. (shrink)

Positive law and problems with identifyingbeneficiaries confine reparations for U.S.slavery to the level of discourse. Within thediscourse, the broader topic of rectificationcan be addressed. The rectification of slaveryincludes restoring full humanity to our ideasof the slaves and their descendants and itrequires disabuse of the false biological ideaof race. This is not racial eliminativism,because biological race never existed, but moreimportantly because African American racialidentities and redress of present racism arebased on lifeworlds of race in contrast withwhich the biological idea has (...) been an externalimposition. (shrink)

An analysis of the case for reparations for American chattel slavery.

The polluter pays principle (PPP) has the form of a reparative principle. It holds that since some countries have historically contributed more to global warming than others, these countries have the follow-up responsibility now to do more to address climate change. Yet in the climate justice debate, PPP is often rejected for two reasons. First, so the objection goes, it wrongly burdens present-day individuals because the actions of their predecessors. This is the unfairness objection. The second objection is that early (...) polluters were not aware of the harm that they were doing, and so ought not to be held culpable. This is the objection from excusable ignorance. In this commentary, I defend PPP against these two objections. The aim of this short reflection is not to provide a full justification of PPP, or to respond to all objections that have been made against it. My more limited but, I hope, important goal is to show that PPP is neither immediately unfair (in making innocent parties pay) nor immediately unreasonable (in making excusably ignorant parties pay) as is commonly noted, and is therefore worthy of further consideration as a principle of climate justice. (shrink)

All of these claims for reparations have mobilized popular support, and all share a degree of intuitive plausibility. The challenge to the theorist is to judge whether and which of such demands are grounded in sound principles of political normativity, so as to be able to select out the valid claims and to measure how the urgency of these claims compares with other demands on the public agenda. The most basic question for those considering the justifications of reparations (...) is how to orient their theories within the space of reasons. Do valid claims for reparation rest at the deepest level on reasons we have for redressing a past injustice? Or do they rather rest on reasons we have to improve our current relations so that we can get along better in the future? Are valid reparative demands backward- or forward-looking? (shrink)

ABSTRACT The aim of this article is to offer a reparative framework for current feminist approaches, most of which seek to inhabit rather than assimilate previous forms of inclusivity or intersectionality, by vindicating the pioneering role of past feminisms. For this purpose, I will stick to a double-edged methodological tool that has been an object of dispute in feminist and literary studies for the last decades, namely, critique and postcritique, two concepts that could be said to bear witness to old (...) and new ways of doing feminism. My aim is not to dismiss recent feminist work but to render visible forgotten critiques that have been an essential heritage of feminism. To acknowledge such debts is part of the reparative reading I present here, for I hold that the desire for deep knowledge is accretive and demands a closer and more respectful attention to past practices and theoretical positions. (shrink)

The paper addresses the question of the appropriateness of a Congressional apology for American slavery. After offering an account of what an apology entails, I consider the claim that today's Congress fails to stand in the right relation to the guilt of American slavery to apologize for it. I argue that, while the current Congress and the constituency it represents do not bear a guilt that would permit it to apologize FOR slavery, it has inherited a guilt RELATED TO slavery (...) for which it is appropriate for it to apologize. (shrink)

In a recent paper, Thomas Carnes develops a novel argument for reparations for historical injustices. This Reply shows that Carnes succeeds only at the cost of invoking an implausible formalism. The Reply also presents in brief a simpler argument for reparations.

This paper describes the reparations programs implemented in Chile from 1990 to 2004. These programs target the victims of human rights violations committed during the military regime. These include the relatives of the missing and executed persons; people who were dismissed from their jobs for political motives; peasants who participated in land reform and were expelled from the land for political reasons; and Chilean exiles returning to the country. Political prisoners and torture victims were considered only in 2003. The (...) creation of the Commission for Political Imprisonment and Torture was followed by a law which provides pensions to political prisoners and torture victims identified by the Commission. Created with different kinds of victims in mind, these programs were based on pensions, social services, educational benefits, and public recognition of the violations of the victims’ rights, monuments, sites of memory, and health assistance, mainly in the form of mental health services. The Program for Reparation and Integral Health Assistance for Victims of Human Rights Violations, created in 1991 and reinforced by a law at the end of 2004, has been the reparation measure for all kinds of victims of human rights violations, including third-generation relatives. (shrink)

This paper sketches an account of reparative justice for climate refugees, focusing on total land loss due to sea-level rise. I begin by outlining the harm of this loss in terms of self-determination and cultural heritage. I then consider, first, who is owed these reparations? Second, who should pay such reparations? Third, in what form should the reparations be paid? I end with thoughts on the project of reparative justice more generally, arguing that such obligations do not (...) depend upon a perfect account of how reparations might be fulfilled; we simply have an obligation to shoot the arrow as close to the target as we can. (shrink)

Machine generated contents note: Prelude -- Introduction -- Part I: A Cabinet of Diversity -- 1. Object 1: Diversity Doesn't Work? -- 2. Object 2: Dominance -- 3. Object 3: From Wunderkammner to the Majors -- 4. Object 4: Patrol/Willy -- 5. Object 5: Accumulation/Difference that Makes No Difference -- 6. Object 6: Colorblindness/Federalist Paper no.6 -- 7. Object 7: Partition/No. 76-811: A Grievance Not of Their Making -- 8. Object 8: The Morrill Acts: "The Land Grab University" -- 9. (...) Afterthoughts -- Part II: The Constellation of Reparation -- 10. Star 1: Attempted Remedies -- 11. Star 2: Outlines of Epistemic Reparation -- 12. Star 3: How is a University like a Light Switch? -- 13. Afterthoughts -- Part III: Reparative Endeavors -- 14. Thread 1: Why Poetics? -- 15. Thread 2: Breath-Taking Landscapes: Place based interventions -- 16. Thread 3: Counter-space as the dramatization of a poetics of refusal -- 17. Thread 4: Gates/Gatekeeping -- 18. Thread 5: Unraveling Patrol -- 19. Thread 6: From Rank to Rhizome -- 20. Afterthoughts -- Acknowledgements -- Bibliography -- Notes -- Index. (shrink)

A recent development in philosophical scholarship on reparations for black chattel slavery and Jim Crow segregation is reliance upon social science in normative arguments for reparations. Although there are certainly positive things to be said in favor of an empirically informed normative argument for black reparations, given the depth of empirical disagreement about the causes of persistent racial inequalities, and the ethos of 'post-racial' America, the strongest normative argument for reparations may be one that goes through (...) irrespective of how we ultimately explain the causes of racial inequalities. By illuminating the interplay between normative political philosophy and social scientific explanations of racial inequality in the prevailing corrective justice argument for black reparations, I shall explain why an alternative normative argument, which is not tethered to a particular empirical explanation of racial inequality, may be more appealing. (shrink)

Journal of Social Philosophy, EarlyView.

La réparation du dommage corporel est omniprésente dans le projet de réforme du droit de la responsabilité civile présenté par la Chancellerie le 13 mars 2017, manifestant ainsi nettement la volonté de ses auteurs de conférer un statut juridique particulier à cette catégorie de dommage. Un tel souci se manifeste de deux manières. Il s’agit d’une part d’infléchir, dans un sens généralement plus favorable aux victimes, les règles de la responsabilité civile, pour assurer une indemnisation moins aléatoire et plus large (...) des préjudices consécutifs à une atteinte à la personne. Ainsi en est-il notamment de la dérogation au droit commun de la preuve, s’agissant d’établir la causalité en cas de dommage occasionné par le membre indéterminé d’un groupe. Ainsi en est-il également de la soustraction du dommage corporel de l’obligation faite à la victime dans le projet, de minimiser son préjudice. Il s’agit d’autre part de préciser les modalités de la réparation du dommage corporel. Le projet reprend à son compte certaines innovations intervenues ces dernières années (mise en place d’une nomenclature, d’un barème médical unique), et consacre aussi des solutions inédites, telles que le recours de principe à la rente (plutôt qu’à une indemnisation en capital) pour certains chefs de préjudices comme le besoin en tierce personne ou les pertes de gains professionnels) ou l’affirmation du principe de libre disposition des dommages et intérêts. (shrink)

This introduction to our special section of Human Rights Review on Reparations and Peacebuilding gives an overview of the challenges currently confronting both peacebuilding and reparations. The special section aims to explore the relationship between these two mechanisms and examines the role that reparations schemes can play in salving or exacerbating conflict.

This article proposes a normative theory of reparations for political violence from the standpoint of contemporary critical theory debates on recognition and redistribution. I argue that any satisfactory reparations theory should aspire to ‘status parity’, a term coined by Nancy Fraser, and should include symbolic and material components for both individuals and groups. The essay argues that reparations can promote a number of worthy goals, including the reaffirmation of moral respect and dignity of victims.

In spite of some revisionist attempts to rationalise slavery as just another form of trade between interested parties, there is an overwhelming conviction that it represented an age of man’s highest inhumanity to fellow man. Accordingly, calls have been loud and persistent as to the need for reparation which though will never compensate for actual loss, nevertheless has the possibility of symbolising penitence and serve as cushion for some of the debilitating damages done. This paper examines the moral basis of (...) the call for reparation. In agreeing with the moral validity of the claims, the paper probes further in a realistic manner and argue that African states in their present situation cannot make a serious case for reparation. The paper argues further that for African states to position themselves for genuine reparation struggles in this age of political realism, urgent steps must be taken to ensure the useful and productive deployment of available resources in Africa and remove the continent from its appendage status with the west. The paper concludes that only when African states are able to break the cycle of poverty and underdevelopment, freeing themselves from external manipulations can a credible and rewarding case for reparation be made. Keywords : Reparation, Slavery, Realism, Africa, Leadership. (shrink)

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

This is a genealogical study that traces a “broadly Cartesian” pattern of argumentation: from Augustine’s scriptural semiotic to the “narrowly Cartesian” practice of foundationalism to Charles Peirce’s pragmatic and reparative semiotic. The essay argues (1) that Augustine transformed Stoic logic into a scriptural semiotic; (2) that this semiotic breeds both Cartesian foundationalism and the pragmatic semiotic that repairs it; (3) that Peirce’s semiotic displays the latter. In sum, Augustine’s inquiry risks foundationalism but also breeds a self-corrective “reparative reasoning.” This reasoning (...) is at once scriptural and philosophic. (shrink)

S’agissant de la réparation des préjudices résultant d’un accident de la circulation, le droit prospectif de la responsabilité civile oscille entre rafistolage déceptif et procrastination pusillanime, alors qu’un véritable chamboulement eût été le bienvenu.

Reparations whether to blacks for slavery, or to Indians for land theft, or to settle any number of other conflicts, has an interesting political background. Analysts on the left, who are usually no friend of private property rights, nevertheless rely on this doctrine to support their case for reparations. Those on the right, in contrast, who supposedly defend the institution of property rights, jettison them when it comes to reparations. It is only libertarians, such as the present (...) authors, who both favor private property rights in general, and, also, apply them to the issue of reparations, who are logically consistent. (shrink)

This paper focuses on demands for reparations for colonial slavery and their public reception in France. It argues that this bottom-up, context-sensitive approach to theorising reparations enables us to formulate a critical republican theory of international racial justice. It contrasts the critical republican perspective on reparations with a nation-state centred approach in which reparations activists are accused of threatening the French republic’s sense of homogeneity and unity, thus undermining the national narrative on the French identity. It (...) also rejects the liberal egalitarian perspective, which itself rejects reparations in favour of focusing on present disadvantages. In so doing, this paper illustrates how the notion of non-domination offers a superior way of conceptualising global racial injustices compared to more traditional distributive outlooks. (shrink)

The end of the twentieth century witnessed a resurgence of demands for reparations for slavery and segregation in the United States. At the same time, a chorus of prominent political theorists warned against the threat "identity politics" poses for democratic politics. This essay considers whether it is possible to construct an argument for reparations that responds to these concerns, particularly as they are articulated by Wendy Brown. To do so, I explore how Brown's analysis of the dangers of (...) political organizing around "wounded identities" and of appealing to the state for redress might inform and be informed by arguments for black reparations. (shrink)

The paper assesses current rising reparations claims for the Maafa/ Maangamizi from two angles. First, it explores the connectivity of reparations and global justice, peace and security. Second, it discusses how the claim is justified in international law. The concept of reparations in international law is also explored, revealing that reparations cannot be limited to financial compensation due to the nature of the damage and international law prescriptions. Comprehensive reparations based in international law require the (...) removal of structures built on centuries of illegal acts and aggression, in the forms of transatlantic slavery, colonialism and neo-colonialism. Reparations must also lead to the restitution of sovereignty to African and indigenous peoples globally. They are indispensable to halt the destruction of the earth as human habitat, caused by the violent European cultural, political, socio-economic system known as capitalism that is rooted in transatlantic slavery. (shrink)

Richard Swinburne (in his "Responsibility and Atonement") argues for a sacrificial version of the Atonement, in which the individual penitent offers the life of Christ to God in (partial) reparation for his sins. I argue that any version of this account is both conceptually incoherent and morally unsatisfying and offer in its place a version of the exemplary theory of the Atonement which, I claim, meets the conditions he lays down for any satisfactory account.

Given the basic tenets of just war theory and those of United States law regard- ing compensatory justice, it is argued that the U.S. invasion of Iraq from 2003-present is morally unjust and that the U.S. owes substantial reparations to Iraq.

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

Offering the most comprehensive book-length study to-date of reparation programs, this handbook contains an innovative blend of case-study analysis, thematic papers, and national legislation documents from leading scholars and practitioners. This landmark work will make a genuine contribution to the theory and practice of reparations.

This paper assesses recent trends in international law regarding the availability and character of reparations. Presently, reparations issues have arisen particularly in domestic societies searching for transitional justice in the aftermath of authoritarian rule. These issues are shaped by national legal systems, but are also influenced by international practice. In these transitional settings, the search for justice is affected by political preoccupations such as the persistent influence of displaced prior authoritarian leadership as well as by real and alleged (...) limitations on the financial capabilities of transitional states. No general approach can address the interplay between national and international law at this stage. Reliance must be placed on a case by case approach, considering matters of context such as the degree of suffering and disability inflicted on particular categories of claimants, the balance of claims versus the State’s demands for resources to fund sustainable and equitable development. Remoteness in time bears on the credibility of the claimants as present victims tend to be given priority over victims in the distant past when assessing relative merits. Scale and selectivity suggests that if the total of claims overwhelms the administrative capacity of the state, there will be a tendency to substitute apology and symbolic gestures for material ones, and award reparations based on individual need associated with the prior deprivation. International law informs background moral and political thinking about reparations, but practical considerations of capability and prudence are decisive in most instances, making the influence of international law indirect and sometimes marginal. (shrink)

: International instruments now defend a "right to the truth " for victims of political repression and violence and include truth telling about human rights violations as a kind of reparation as well as a form of redress. While truth telling about violations is obviously a condition of redress or repair for violations, it may not be clear how truth telling itself is a kind of reparations. By showing that concerted truth telling can satisfy four features of suitable (...) class='Hi'>reparations vehicles, I defend the idea that politically implemented modes of truth telling to, for, and by those who are victims of gross violation and injustice may with good reason be counted as a kind of reparations. Understanding the doubly symbolic character of reparations, however, makes clearer why truth telling is unlikely to be sufficient reparation for serious wrongs and is likely to be sensitive to the larger context of reparative activity and its social, political, and historical background. (shrink)

The thesis of this essay is that equal opportunity (EO) "strictly dominates" (in the game-theoretic sense) reparations. That is, (1) all the ways reparations would make our world more just would also be achieved under EO; (2) EO would make our world more just in ways reparations cannot; and (3) reparations would create injustices which EO would avoid. Further, (4) EO has important practical advantages over reparations. These include economic efficiency, feasibility, and long-term impact. Supporters (...) of reparations should abandon that ideal to support equal opportunity instead. (shrink)