Resumen: Tras ocurrir un accidente de caza en una reserva india de North Dakota, Louise Erdrich indaga en LaRose (2016) en temas tan espinosos como las injusticias históricas, el dolor colectivo, los traumas intergeneracionales, la venganza y los actos de reparación. La muerte de un niño nativo-americano despierta todo tipo de fantasmas y resentimiento en las dos familias implicadas, pero también en la comunidad india en su conjunto. Ni el sistema jurídico ni la religión parecen proporcionar respuestas adecuadas para aliviar (...) el inmenso dolor producido por la tragedia. Este artículo demuestra cómo tan solo la tradición ojibwe de expiación y reparación de daños, así como la presencia del héroe de la novela, consiguen curar algunas de las heridas ocasionadas por el accidente y permiten que la comunidad recupere, al menos parcialmente, su armonía y equilibrio. Abstract: Following a hunting accident on an Ojibwe Indian Reservation, Louise Erdrich’s LaRose (2016) explores such intricate issues as historical injustices, collective grief, intergenerational trauma, revenge, and acts of reparation. The death of a Native boy triggers off the apparition of all kinds of ghosts and resentment in the two families involved, but also in the community at large. Neither the judicial system nor religion seem able to offer much relief for the immense grief generated by the catastrophe. This article shows how it is only the Ojibwe tradition of atonement and reparation, and the presence of the novel’s hero, that manage to heal some of the psycho-wounds opened by the accident and allow the community to recover, at least partly, their harmony and balance. (shrink)

This short article explores the relationship between transitional justice mechanisms and peacebuilding by analysing the role that reparations may play in transforming or deepening conflict. Research seeks to identify potential components of an emancipatory approach to peacebuilding through the prioritisation of ‘transformative reparations’ processes, framing this proposal within the case study of collective reparations to the trade union movement in Colombia.

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)

I argue that an account of national responsibility, as both collective and inheritable, that allows for making sense of holding nations responsible as an entity for past international injustices and to make reparations for these injustices is not at odds with the demands of global egalitarianism. A global distributive commitment does not deny this account of national responsibility; to the contrary, we can properly appreciate the scope of national responsibility only in light of what global justice truly demands. (...) Thus while I agree with David Miller that we can hold nations accountable for past international injustices, I do not agree with Miller that this is in tension with global egalitarianism. (shrink)

This essay outlines a normative theory of reparations for transitional democracies. The article situates the theory within current critical‐theory debates on recognition and redistribution, and it argues that any model of reparations should aim to achieve what Nancy Fraser calls “status parity.” Such a model should be conceptualized according to a typology of acknowledgment along one axis (symbolic and material) and a typology of recipients (individual and collective) along the other. I conclude by identifying several key contributions (...) that reparations can make to transitional societies. (shrink)

The notion of reparation in ethical, political and legal discourse has become popular in recent years. Reparation refers to a category of actions for which there are morally compelling reasons to perform due to wrongful action in the past. ‘Reparation’ is often, but not merely, used in the context of collective responsibility. The debate around the concept has mainly focussed on humans, but the wrongs done to humans can be indirect, such as contaminating the soil or polluting the air, (...) in cases of which the quality of human life has been significantly deteriorated. In the paper, it will be examined whether the concept of reparation is applicable to characterise our responsibilities to the rest of nature? And can ecological restoration be understood as an exemplification of reparation? In restoration,ecological system or natural landscape returned to some historically existed condition. In the context of reparations, the scope of concern would be limited to those changes that involve human presence or activity. Reparation is to be understood as corrective action when one has done something wrong. Ecological restoration aims to restore a situation that has prevailed at some point earlier. To say that ecological restoration is also moral reparation, we must assumethat nature or non-human entities and processes be wronged in the morally relevant sense. There are, of course, reasons for being sceptical over this assumption and its practical implications. (shrink)

This paper defends the claim that collective responsibility can be based on group membership. It argues that collective responsibility is best understood in terms of duties to respond to the victims of collective crimes. Reasonable fear on the part of the victimized groups creates duties to respond for members of the perpetrating group. This account does a better job of capturing our intuitions about actual cases and the phenomenology of collective responsibility than other accounts currently on (...) offer. It also offers us a justification of collective responsibility judgments that is compatible with the separateness of persons. (shrink)

Cultural Memory, Memorials, and Reparative Writing examines the ways in which memory furnishes important source material in the three distinct areas of critical theory, memoir, and memorial art. The book first shows how affect theorists have increasingly complemented more traditional archival research through the use of "academic memoir." This theoretical piece is then applied to memoir works by Caribbean writers Dionne Brand and Patrick Chamoiseau, and the final case study in the book interprets as memorial art Kara Walker's ephemeral 80,000 (...) pound sugar sculpture of 2014. Memory as method; memory as archive; memorial as affect: this book looks at the interplay between archival sources on the one hand, and the affective memories, both personal and collective, that flow from, around, and into the constantly shifting record of the past. (shrink)

Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...) retained the claim of inheritance given the loss of wealth and disinheritance that often characterizes families. There are also problems in determining the amount of inheritance. This is in part because of the problems of calculating in the effects of offsets, especially crime-related offsets, which are owed by a significant portion of the descendants. Even if this inheritance claim can be established with sufficient confidence certain entities may not be asked to pay it. The federal government does not owe compensation since as a historical matter it permitted but did not cause enslavement. The beneficiaries of slavery do not owe compensation since merely receiving the benefit of an unjust activity does not by itself generate a debt of compensation. When combined these problems constitute an overwhelming case against reparations. (shrink)

Over the last two decades, legal scholarship has been catching up with the more than century old calls by black Americans for reparations.1 Tax scholar Boris Bittker (in)famously launched the viability of black reparations into legal scholarship with his now classic monograph, The Case for Black Reparations.2 However, it would take more than twenty years for mainstream legal scholarship to take up the robust and wide-ranging set of questions raised by the possibility of reparations for American (...) slavery.3 In the late 1990s private law scholars leapt into the debate, discussing unjust enrichment and torts-based models of black reparations.4 While these scholars made a variety of distinct arguments, collectively, their model rested on the contention that America had wrongfully expropriated the labor of generations of enslaved African Americans and the result had been systemic unjust enrichment, or a species of mass torts. Grounded in various conceptions of corrective justice, these models conceive black reparations as a set of claims that would be litigated through the courts. Over the ensuing two decades, the private law model has become somewhat of an outlier in reparations discussions, largely set aside in favor of broader, more explicitly political approaches. (shrink)

There has recently been a surge of interest, theoretical and political, in reparations for slavery. This essay takes up several moral-political issues from that intensifying debate: how to conceptualize and justify collective compensation and collective responsibility, and how to establish a plausible connection between past racial injustices and present racial inequalities. It concludes with some brief remarks on one aspect of the very complicated politics of reparations: the possible effects of hearings and trials on the public (...) memory and political culture of a historically racist society. The hope is that these arguments, taken together, draft a coherent case for slavery reparations as pursued by the Reparations Coordinating Committee. (shrink)

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same entity (...) whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

Packing his case with moral argument and relevant facts, Angelo Corlett offers the most comprehensive defense to date in favor of reparations for African Americans and American Indians. As Corlett see it, the heirs of oppression are both the descendants of the oppressors and the descendants of their victims. Corlett delves deeply into the philosophically related issues of collective responsibility, forgiveness and apology, and reparations as a human right in ways that no other book or article to (...) date has done. (shrink)

L’interprétation d’un acte de violence de masse est toujours délicate puisqu’elle confère un certain statut au groupe visé. Ce statut peut devenir un facteur important dans la décision de la communauté internationale de reconnaître ou non l’indépendance d’un groupe et de son territoire. Cet article examine le cas de la reconnaissance du Kosovo par la communauté internationale, en février 2008, et soutient que cette reconnaissance a été rendue possible par l’utilisation d’arguments basés sur le statut collectif de victime de nettoyage (...) ethnique détenu par la population albanaise du Kosovo. L’article comble le fossé entre, d’un côté, la théorie de la sécession comme réparation, et de l’autre, les travaux sur la violence de masse contre les groupes ethnonationaux. L’analyse montre que la pratique de la reconnaissance étatique a été réorientée vers un critère restrictif lié au type de violence subie par le groupe réclamant l’indépendance. Dans cette optique, le territoire devient une forme tangible de compensation pour les injustices subies, ce qui tranche par rapport à la pratique antérieure de la reconnaissance étatique dans l’ex-Yougoslavie et ailleurs.The interpretation of an act of mass violence is always a contentious issue since it confers a certain status to the targeted group. This status may become an important factor in the international community’s decision to recognize or not the independence of a group and its territory. This article examines the case of Kosovo’s February 2008 recognition by the international community and argues that this recognition was made possible by the summoning of arguments based on Kosovo Albanians’ collective status as victims of ethnic cleansing. The article bridges the gap between on the one hand the Remedial Right theory of secession, and on the other hand, works on mass violence against ethnonational groups. The article shows that the practice of state recognition was reoriented towards a restrictive criterion linked to the type of violence sustained by the group claiming independence. Under this interpretation, territory becomes a tangible form of compensation for suffered injustices, which contrasts with earlier practice of state recognition in the former Yugoslavia and elsewhere. (shrink)

In this article I argue that Fanon articulates a more complex relationship between his notion of radical freedom and slavery reparations that allows for the possibility of demanding the latter without sacrificing the former. While at times Fanon seems to posit a simple dilemma according to which one must choose between freedom and reparations, he also describes a vicious cycle in which the taking of material reparations appears to be a precondition for freedom, yet the claim for (...) reparations appears to come at the cost of adoption of a constraining cultural identity. In other words, the process of attaining the material conditions necessary for radical freedom through slavery reparations can have the opposite effect of inhibiting freedom. The question of the possibility of taking reparations without sacrificing freedom becomes a question about the possibility of thinking about enslaved Africans and their descendants as a collective entitled to reparations without positing a constraining cultural identity. (shrink)

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)

The topic of epistemic injustice in global health ethics is complex, important and vast. While presenting as nuanced and complete a picture of the challenge as we possibly could, we were acutely aware of our positionality and how it gave us a certain viewpoint that would need to be expanded by others with different positions and experiences. We were, therefore, delighted to receive the collected commentaries by Atuire,1 Abimbola,2 Frimpong-Mansoh,3 Nyamnjoh and Ewuoso,4 Tangwa,5 Ambrogi et al.6 We would like to (...) thank these authors for furthering our account by raising questions, pointing out gaps or complementing our analysis. The points raised by these authors—and many points that will undoubtedly be raised by others in future—should be critically engaged with as we collectively define and work towards a more epistemically just global health ethics. Specifically, two points stand out. First, Frimpong-Mansoh accurately diagnoses our ambiguity about being drawn into debates about relativism in bioethics. We …. (shrink)

Should contemporary citizens provide material redress to right past wrongs? There is a widespread belief that contemporary citizens should take responsibility for rectifying past wrongs. Nahshon Perez challenges this view, questioning attempts to aggregate dead wrongdoers with living people, and examining ideas of intergenerational collective responsibility with great suspicion. He distinguishes sharply between those who are indeed unjustly enriched by past wrongs, and those who are not. Looking at issues such as the distinction between compensation and restitution, counterfactuals and (...) the non-identity problem, Perez concludes that individuals have the right to a clean slate, and that almost all of the pro-intergenerational redress arguments are unconvincing. Key Features *Unique in claiming past wrongs should not be rectified *Analyses pro-intergenerational material redress arguments *Case studies include court cases from Australia, Northern Cyprus, the United States and Austria, and political and social movements from the US, Palestine and Arab countries. (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)

RESUMEN Se analiza la relación entre las memorias inscritas en el cuerpo, el trauma y los recursos corporizados subjetivos y colectivos con los que cuentan las mujeres víctimas de violencia para reconstruir y resignificarse como personas dignas de credibilidad y agentes de cambio. Se refieren casos específicos de violencia sexual en Colombia y se expone la importancia de la creación de comunidades de confianza que propicien espaclos para la narración y escucha de los testimonlos de víctimas, la tramitación de conflictos (...) y nuevas vías de afrontamiento, a partir de los recursos que brinda la reinvención de hábitos corporizados en el arte. ABSTRACT The article analyzes the relation among memories inscribed in the body, trauma, and the subjective and collective embodied resources available to women victims of violence in order to reconstruct and resignify themselves as persons worthy of credibility and as agents of change. It discusses specific cases of sexual violence in Colombia and the importance of creating communities of trust that foster spaces for narrating and listening to the testimonies of victims, as well as for handling conflicts and exploring new ways of coping, on the basis of the resources provided by the reinvention of habits embodied in art. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the popularity (...) of backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

What is it that makes us as citizens liable for the actions – including the wrongdoings – of our state? Answering this question is part of the larger debate on the nature of complicity and collective action. When are we connected to joint endeavours and collective outcomes in a way that makes us (on some level) responsible for them? -/- Of particular interest within this debate is the normative relationship of citizens to their state. For instance, when states (...) pay reparations for past crimes the costs are – one way or another – borne by their citizens. In Responsible Citizens, Irresponsible States (OUP 2021), Avia Pasternak examines with admirable clarity and circumspection if states are justified in imposing the cost of their past wrongdoings on all of their citizens, including those who played no obvious part in those crimes. (shrink)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact (...) with conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact (...) with conditions that lie at the farthest reaches of its empirical and normative force. (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)

What are the moral obligations of participants and bystanders during—and in the wake of –a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, including (...) the tension between attributing individual and collective responsibility for the wrongs of war, the trade-offs made between the search for truth and demands for justice, and the conceptual intricacies of coming to understand just what is meant by ‘peace’ and ‘conflict.’ Individual essays also address concrete topics including the international criminal court, reparations, truces, political apologies, truth commissions and criminal trials, with an eye to contemporary examples from conflicts in the Middle East, Africa and North and South America.​. (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)

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)

Seunghyun Song’s recent article on epistemic repair for Japan’s military sex slavery lays out the case for considering acknowledgment as a form of reparative justice particularly suited to redressing epistemic wrongs. I agree with Song, but press her on the relationship between epistemic repair and reparative justice more generally. I also outline other forms that backward-looking epistemic responsibility might take. Distinguishing between revisionism and denialism, I ask: Should individual agents who’ve publicly made denialist statements about Japan’s military sex slavery be (...) criminally liable? Should their revisionist counterparts be subject to the kind of social sanctions that are associated with present-day cancel culture? (shrink)

The four essays collected in this dossier are directed upon the contemporary understandings of blackness, as an ontology, a phenomenology, or a historicity. In the order of their presentation they encompass and situate what seems first to limit black being or overflow it, but which, when questioned, that is, disclosed, or unconcealed, does not fit into this logos, nor is ordered by it, even making what is most discernable about blackness in its past, future, or present, seem imaginary, moored in (...) a non-present,and presence, but in ways which make the non-being that marks blackness as sign, affect, or speaking being, unthinkable except as an appearing, a manifestation, an identity.As a dossier directed upon the present philosophical understanding of blackness, each paper seeks to unanchor blackness from the meanings and presuppositions that it normally calls forth. Beyond what is discernable, or ready-made, each paper addresses structures that make (and have made) blackness discernable as the always given to be seen, as meaningless speech, as pathology, as a concept beyond reason.The dossier opens with a question: what kind of disturbance does blackness present to being? Why does it seem to madden reason, or call forth frenzy? In Calvin Warren’s essay, “The Karen Call,” what comes into correlation with blackness are various kinds of emergency that structure white thought and presence but that belie witnessing and intelligibility, and in whose chain of significations can be discerned an ontological privilege that constitutes the world. To appear emergent, it seems, all blackness has to do is become one with the myth that bans or compromises it; a manifestation in which subject-object relations are already polarized by the dangers that deploy it in dramas of emergency. Once blackness becomes emergent, there is no escape, for it comes up against what Warren, reading Heidegger against the grain, suggests is a racial destiny of Being. To appear black is forthwith to resemble an es gibt that is indissociable from threat, falsehood, fantasy, and obliteration. To that extent, blackness attests to a kind of ontological emergency without surcease or hope, and one whose trace remains in every moment or glimpse; whose technical modality and structure always returns us to the call that is neither speech nor gaze, word nor symbol, but represents an extimacy that is undeconstructable, beyond utterance, meaning, or reparation.Such extimacy seems to induce a crisis in the philosophical notion of being itself. In Axelle Karera’s essay, “Paraontology,” the question asked is why blackness cannot be contained or fitted into ontology itself; or, if philosophy is ontology, why does blackness seem to signify an irreducible resistance to it?How does such resistance occur? If blackness can only be presented as “paraontology,” a word that seems to shelter ontology at the same time as it presents the search for a new order of being, what does the para teach us about blackness as disorder, resistance, or identity? What is its philosophical genealogy and affiliation, and why does the para itself seem to never get beyond its own conciliation, or filiation to philosophy, whose ordering and racist historicity thereby remains the seme and mark of the para as interval, trope, and index? Or, put more simply, can blackness ever resist its own resistance as trope, conjuncture, or representation? Retracing that genealogy through the work of Oskar Becker, Karera uncovers a surreptitious repetition in black uses of the word, in whose weave can be discerned a fascist interference that not only undermines the fugitivity of the resistance so claimed, but one that unwittingly repeats a fascist ontology of world, history, and being.1 It’s a startling, deeply disturbing claim. But the apparent echoing of the Heideggerian bell in black significations of ontology suggests that what is being reabsorbed here is not so much a radical difference but a concept that remains justified and in fee to, pardoned and annulled by, a white notion of being. What, then, can it mean to think blackness as para? Nothing more than a philosophical confusion that confuses l’être qui fuit, that is, the lack that Lacan says cannot be completed or resisted, for an appositional fantasy of displacement. Here everything that is deemed black has to be made meaningful in apposition to ontology, but everything that is black must also, it seems, always return apposition to the white para of ontology; to be black and appositional would, it seems, produce only the disavowal of the philosophical genealogy that always already determines it.One would be right to distrust such claims—the moralism of the refusal, and the scandal of the faux resistance by which the para hides behind its own whited-out screen.In the third contribution to the dossier, the question asked is what would it mean for blackness to repair itself, to let go or retrieve and so redeem its own historical conjuncture? How do we refer to an irreparable past, that is, a past that keeps on coming back, but one that has no sign or signified, no memory that can recapture or reveal it, or simply rejoin us to it without remainder? Rinaldo Walcott’s essay, “‘Retrospective Significance,’” revisits the reparations debate as a question of black being. Instead of repair, he finds desolation and emptiness, or what he calls a staggeringly incoherent rhetoric of coherency. It’s a paradox that addresses what it means to remember or to forget a nothing; if blackness is nothing, how does one reconnect with it, bond with it, compensate it in its historic devastation? What would it mean to receive meaning from such devastation, to express it if this nothingness is absolute, or absolutely valueless? If ontology is a structure, then blackness, Walcott suggests, expresses nothing less than a “slave-ness” that continues to confront and disturb us absolutely, irrevocably. As such slave-ness is the trace that remains as a sign of the irreparable. As a trace, and not a sign, slave-ness becomes the primordial signifier of being, nation, history, and diaspora. But it is what makes it irrecuperable that defines its value and difficulty for the very language of reparation. Walcott pursues this difficult, enigmatic thread through the work of black thinkers on diaspora and identity. He concludes: black being cannot be dissociated from the disturbance it offers value, conscience, and any thought of alterity.The final and fourth contribution returns to the question of blackness as the trace or thread (the monstration) of being. How does one follow the thread (montrer) of blackness if it is always already withdrawn from being? David Marriott’s essay, “Ontology and Lalangue,” evokes Lacan’s concept of lalangue in pursuit of this enigmatic equivocation between letter and signifier, philosophy and psychoanalysis. Showing how both discourses have sought to master this exorbitance as master and/or free it as slave, I show how blackness is extinguished by the very words used to precipitate it into being. The slavish audacity of this lalangue is then shown to disarticulate, or more exactly, withdraw from ontology, but only so that whiteness can be presented and proclaimed all the more as the un-representable truth and logic of Dasein. This way of excluding blackness while preserving whiteness is not only central to philosophical and psychoanalytic understandings of language, Marriott argues, but this way of manifesting itself without manifesting itself is also crucial to the racialization of the logos as such.What is essential here is the way a meaning that is beyond meaning or representation is inserted into a problematic of mastery and servitude that advances-conceals a racial genealogy but in ways that makes the being of blackness an enigma. As such, blackness becomes an exorbitance that is always effaced in its monstration. More, its revelation must necessarily be unrecognized as the very locus of knowledge and truth. In that sense, what would it mean to figure, or to speak, this n’est pas without the consolation of being, meaning, truth, or logic? What would it mean to represent it as situated or defined by the language of ontology? Is black speaking being always in a relationship to and simultaneously the manifestation of a lalangue of lalangue? (shrink)

A collection of essays published in 2022.

Islamic moderateness is said to be one of the key factors that contribute to the promotion of peace in Muslim societies. We present an empirical study conducted in Indonesia that assessed Islamic political moderateness and examined its role in explaining Muslims’ tolerance towards non-Muslims, as well as the first group’s support for making reconciliation with the latter group. We found as hypothesised that Islamic political moderateness was a positive predictor of outgroup tolerance, because of the role it had in positively (...) predicting the sense of national identity as a higher order identity vis-à-vis Islamic identity. Outgroup tolerance positively predicted and, in turn, fully mediated the positive association between Islamic political moderateness and Muslims’ reconciliatory tendencies, including feelings of collective guilt and shame, intergroup trust and perspective-taking, intergroup cooperation, willingness to apologise, as well as support for intergroup empowerment and reparative actions. These findings suggest the benefit of Islamic political moderateness to drive Muslims to appreciate the existence of non-Muslims. We discuss these empirical findings in terms of theoretical implications, research limitations and practical implications. (shrink)

"International and domestic laws commonly hold states responsible for their wrongdoings. States pay compensation for their unjust wars, and reparations for their historical wrongdoings. Some argue that states should incur punitive damages for their international crimes. But there is a troubling aspect to these practices: States are corporate agents, comprised of flesh and blood citizens. When the state uses the public purse to finance its corporate liabilities, the burden falls on these citizens, even if they protested against the state's (...) policies, did not know about them, or entirely lacked channels of political influence. How can this "distributive effect" of state-level responsibly be justified? The book develops an answer to this question, which revolves around citizens' participation in their state. It argues that citizenship can be a type of massive collective action, where citizens willingly orient themselves around the authority of their state, and where state policies are the product of this collective action. While most ordinary citizens are not to blame for their participation in their state, they nevertheless ought to accept a share of the remedial obligations that flow from their state's wrongful policies. However, the distributive effect cannot be justified in all states. Specifically, in non-democratic states most citizens are not participating in their state in the full sense, and should not pay for their state's wrongdoings. This finding calls then for a revision of the way we hold states responsible in both the domestic and international levels"--. (shrink)

Toxic speech inflicts individual and group harm, damaging the social fabric upon which we all depend. To understand and combat the harms of toxic speech, philosophers can learn from epidemiology, while epidemiologists can benefit from lessons of philosophy of language. In medicine and public health, research into remedies for toxins pushes in two directions: individual protections (personal actions, avoidances, preventive or reparative tonics) and collective action (specific policies or widespread “inoculations” through which we seek herd immunity). This paper is (...) the beginning of a project of identifying potential inoculations and antidotes to toxic speech. The essay brings a social practice theory of language, with special reliance on language‐games and inferential roles, into conversation with concepts from the study of biologic toxins. Some speech harms are acute while others are chronic and insidious; they have different methods of delivery, come in variable doses, and not everyone is equally susceptible to the power to harm. I argue that of the many kinds of challenges we might issue against toxic speech, challenging its expressive commitments has the greatest potential to stop the damage. The essay explores the different sorts of protections that inoculations and antidotes might offer against discursive toxins and sketches how to imagine these in the practices that govern our speech. The paper does not make policy recommendations, but an epidemiology of discursive toxicity reveals several kinds of “more speech” that might fight against “bad speech.”. (shrink)

Recently, I have proposed an extension of the framework of the ethics of collegiality (Berber & Subotić, forthcoming). By incorporating an anti-individual perspective and the notion of epistemic competence, this framework can reveal the epistemic virtue/vice relativism, which, in turn, charts the tension between being a good colleague and an efficient, loyal employee. In this paper, however, I want to sketch how the ethics of collegiality could be applied to practical domains, such as the historical accountability and atonement of corporations (...) that participated in the anti-Semitic policies of the Third Reich and contributed to the Holocaust by using slave or forced labor. New studies suggest that corporations ought to engage in deeper historical reflection and ethical dialogue between Shoah survivors and top managers to address the issue of industrial compliance (Federman 2021), whereas most of the work on this topic traditionally focused on the issue of reparations litigation (Kelly 2016, Neuborne 2003). Through the notions of collective institutional epistemic vice and institutional ethos (Fricker 2021), the upshot is to assess whether it is feasible for corporations to be genuinely repentant regarding their role in the Holocaust thanks to the ethics of collegiality instead of merely offering compensation. I will argue that instead of emphasizing ethical leadership and the top-down approach to the (re-)implementation of values in corporate conduct, the spotlights should be on the bottom-up approach grounded in collegial solidarity among all employees. (shrink)

An increasingly wide array of moral arguments has coalesced in recent work on the question of how to confront the phenomenon of climate change driven displacement. Despite invoking a range of disparate moral principles, arguments addressing displacement across international borders seem to converge on a similar range of policy remedies: expansion of the 1951 Refugee Convention to include ecological refugees, expedited immigration, or, for entire political communities that have suffered displacement, even the ceding of sovereign territory. Curiously, this convergence is (...) observable even across the distinction of interest for this paper: the distinction between arguments that proceed in the vein of reparations and arguments that reach their conclusion without invoking any reparations. Even though as a collection they appear to point in the same direction, I argue that non-reparative arguments that seek to address climate change driven displacement have several shortcomings, such that climate justice should be understood to include an indispensable role for reparations. (shrink)

This essay replies to three critics of my book Territorial Sovereignty: A Philosophical Exploration. First, in response to Kit Wellman, I defend the claim that states sometimes have a right against external interference even when their decisions depart from the requirements of social justice. This “right to do wrong” is grounded in respect for a legitimate procedure of collective self-determination, in which the state's members have an important interest. Second, I reply to Michael Blake's concern that there is an (...) inconsistency in my treatment of people's actual wills in politics. I clarify that my view places weight on the actual wills only of “cooperators”, and that cooperators’ actual wills matter because they have claims against alien rule. There is no inconsistency in treating political annexation differently from immigration since immigrants rarely threaten to impose alien rule on cooperators. Finally, I address Adom Getachew's concerns about the imperial dimensions of the states system, arguing that my book contains resources for theorizing remedial claims to land in settler colonial societies and other reparative duties of global justice. (shrink)

This article, originally presented as a keynote address at the 2019 McCain conference, proposes that we must take seriously the “moral” component of moral injury. In addition to psychological treatment, wounded warriors suffering moral injury require atonement for genuine transgressions, and insight when the conduct they regard as transgression actually is not. The article defines the dimensions of moral injury as parallel to those of physical injury: pain, loss of functionality, and (in some cases) disfigurement. It then asks how atonement (...) can be achieved, turning to an unusual source for inspiration: the laws of atonement set out by the medieval Jewish philosopher Moses Maimonides. Maimonides proposes four requirements: verbal confession, repentance, reparation, and apology. The article explains their meaning in the context of contemporary wounded warriors. Finally, it argues that Judaism’s unique tradition of collective atonement offers an important model for the armed services. (shrink)

Slips of the tongue, unwitting favoritism and stereotyped assumptions are just some examples of microaggression. Nearly all of us commit microaggressions at some point, even if we don’t intend to. Yet over time a pattern of microaggression can cause considerable harm by reminding members of marginalized groups of their precarious position. The Ethics of Microaggression is a much needed and clearly written exploration of this pervasive yet complex problem. What is microaggression and how do we know when it is occurring? (...) Can we be held responsible for microaggressions and if so, how? How has social media affected the problem? What role can philosophy play in understanding microaggression? Regina Rini explores these highly topical and controversial questions in an engaging and fair-minded way, arguing that an event is a microaggression precisely because it causes a marginalized person to experience an ambiguous encounter with oppression. She illustrates her argument with compelling examples from media, politics and psychology and explains the significance of essential concepts, such as media representation, reparative renaming, and safe spaces. The Ethics of Microaggression explains what microaggression is and offers strategies for combating it. Assuming no prior knowledge of the topic or philosophy, it demystifies a controversial and extremely important topic in clear language. It is ideal for anyone coming to the topic for the first time and for students in philosophy, gender studies, race theory, disability theory and social and political philosophy. (shrink)

In this article, I offer responses to five commentaries on my recently published book, Cosmopolitan Peace. Those articles address my conception of individual and collective agency, my account of self-determination (and its implication for the problem of annexation during and after the war), and my accounts of, respectively, reparations and remembrance after war. I revise or provide further defences of those accounts in the light of my commentators’ probing remarks.

We introduce what we call the Emergent Model of forgiving, which is a process-based relational model conceptualizing forgiving as moral and normative repair in the wake of grave wrongs. In cases of grave wrongs, which shatter the victim’s life, the Classical Model of transactional forgiveness falls short of illuminating how genuine forgiveness can be achieved. In a climate of persistent threat and distrust, expressions of remorse, rituals and gestures of apology, and acts of reparation are unable to secure the moral (...) confidence and trust required for moral repair, much less for forgiveness. Without the rudiments of a shared moral world — a world in which, at the very least, the survivor’s violation can be collectively recognized as a violation, and her moral status and authority collectively acknowledged and respected — expressions of remorse, gestures and rituals of apology, or promises of compensation have no authority as meaningful communicative acts with reparative significance. Accordingly, we argue that repair in the wake of traumatic violence involves ‘world-building,’ which supports the ability of survivors to move from despair to hope, from radical and disabling distrust to trust and engagement, and thus from impotence to effective agency. Our Emergent Model treats forgiveness as a slowly developing outcome of a series of changes in a person’s relationship to the trauma and its aftermath, in which moral agency is regained. We argue that forgiveness after grave wrongs and world-shattering harm, when it occurs, emerges from other phenomena, such as cohabitation within a community, gestures of reconciliation, working on shared projects, the developing of trust. On this view, forgiveness is an emergent phenomenon; it entails taking and exercising normative power—coming to claim one’s own moral authority in relation to oneself, one’s assailant, and one’s community. The processes that ultimately constitute forgiving are part and parcel of normative repair more broadly construed. (shrink)

Climate change and many environmental problems are caused by the accumulated effects of repeated actions by multiple individuals. Instead of relying on collective responsibility, I argue for a non-atomistic individual responsibility towards such environmental problems, encompassing omissions, ways of life, and consequences mediated by other agents. I suggest that the degree of causal responsibility of the agent must be balanced with the degree of capacity-responsibility determined by the availability of doable alternatives. Then, the more an agent has powers as (...) a group member, the more she is responsible to design the social structure and the infrastructures of the group towards sustainability. Finally, one can hold another agent responsible only if the accused is not in a vulnerable position and if she is capable to take reparative and adaptive actions. (shrink)

Climate change and many environmental problems are caused by the accumulated effects of repeated actions by multiple individuals. Instead of relying on collective responsibility, I argue for a non-atomistic individual responsibility towards such environmental problems, encompassing omissions, ways of life, and consequences mediated by other agents. I suggest that the degree of causal responsibility of the agent must be balanced with the degree of capacity-responsibility determined by the availability of doable alternatives. Then, the more an agent has powers as (...) a group member, the more she is responsible to design the social structure and the infrastructures of the group towards sustainability. Finally, one can hold another agent responsible only if the accused is not in a vulnerable position and if she is capable to take reparative and adaptive actions. (shrink)

New perspectives on the role of collective responsibility in modern politics States are commonly blamed for wars, called on to apologize, held liable for debts and reparations, bound by treaties, and punished with sanctions. But what does it mean to hold a state responsible as opposed to a government, a nation, or an individual leader? Under what circumstances should we assign responsibility to states rather than individuals? Leviathan on a Leash demystifies the phenomenon of state responsibility and explains (...) why it is a challenging yet indispensable part of modern politics. Taking Thomas Hobbes' theory of the state as his starting point, Sean Fleming presents a theory of state responsibility that sheds new light on sovereign debt, historical reparations, treaty obligations, and economic sanctions. Along the way, he overturns longstanding interpretations of Hobbes' political thought, explores how new technologies will alter the practice of state responsibility as we know it, and develops new accounts of political authority, representation, and legitimacy. He argues that Hobbes' idea of the state offers a far richer and more realistic conception of state responsibility than the theories prevalent today, and demonstrates that Hobbes' Leviathan is much more than an anthropomorphic "artificial man." Leviathan on a Leash is essential reading for political theorists, scholars of international relations, international lawyers, and philosophers. This groundbreaking book recovers a forgotten understanding of state personality in Hobbes' thought and shows how to apply it to the world of imperfect states in which we live. (shrink)

The question of forgiveness in politics has attained a certain cachet. Indeed, in the fifty years since Arendt commented on the notable absence of forgiveness in the political tradition, a vast and multidisciplinary literature on the politics of apology, reparation, and reconciliation has emerged. To a novice scouring the relevant literatures, it might appear that the only discordant note in this new veritable symphony of writings on political forgiveness has been sounded by philosophers. There is a more-than-healthy cynicism directed at (...) what many philosophers see as an uncritical promotion of forgiveness, which – they fear – risks distorting and cheapening forgiveness as a moral ideal, on the one hand, and ignoring the moral and political values of justice, accountability and the cessation of harmful relationships, on the other. Are philosophical fears about the dangers of thinking about forgiveness in political terms warranted – or do they perhaps depend in part on conceptual conservatism regarding what exactly political forgiveness might be? I argue that most, if not all, standard objections to political forgiveness emerge from theoretical reliance on a picture of forgiveness I will call the Emotional Model. Once we make conceptual space for descriptions of forgiveness in performative and social terms, the concept is more easily adapted to a political account without at least some of the risks feared by philosophers. (shrink)

The comfort women case in South Korea has been a polemic issue in the context of inherited responsibility. The Japanese government who emphasizes on state as an agent for taking the responsibility tends either to deny collective responsibility of historic wrongdoings or to limit the scope of its roles to superficial ways such as reparation. Meanwhile South Korea demands not only reparation but official apology, emotional compassion, and material compensation on the ground that nation, not state, should be accountable (...) for historic injustice, but this claim still encounters a difficulty of application to cases originated in multinational countries. Based on these observations, I will develop two arguments: (1) that reciprocal nondomination conceptualized with civic responsibility will better the comfort women case in the context of inherited responsibility because this contains full ground of deliberation in which those who come from regardless of state or nation can participate; (2) that reciprocal nondomination embodied with civic responsibility can be operated as a regulative principle which prompts both victims and wrongdoers to have their deliberative stances and to reach an agreement conducive to transitional justice. (shrink)

This article, originally presented as a keynote address at the 2019 McCain conference, proposes that we must take seriously the “moral” component of moral injury. In addition to psychological treatment, wounded warriors suffering moral injury require atonement for genuine transgressions, and insight when the conduct they regard as transgression actually is not. The article defines the dimensions of moral injury as parallel to those of physical injury: pain, loss of functionality, and (in some cases) disfigurement. It then asks how atonement (...) can be achieved, turning to an unusual source for inspiration: the laws of atonement set out by the medieval Jewish philosopher Moses Maimonides. Maimonides proposes four requirements: verbal confession, repentance, reparation, and apology. The article explains their meaning in the context of contemporary wounded warriors. Finally, it argues that Judaism’s unique tradition of collective atonement offers an important model for the armed services. (shrink)

What's Wrong?: Applied Ethicists and Their Critics is a thorough and engaging introduction to applied ethics that covers virtually all of the issues in the field. Featuring more than ninety-five articles, it addresses standard topics--such as abortion, euthanasia, capital punishment, world hunger, and animal rights--and also delves into cutting-edge areas like cloning, racial profiling, same-sex marriage, prostitution, and slave reparations. The volume includes seminal essays by prominent philosophers (Robert Nozick, James Rachels, Peter Singer, and Judith Jarvis Thomson) alongside work (...) by newer voices in the field. Employing a unique approach to teaching argumentation, editors David Boonin and Graham Oddie unify the wealth of material presented in this collection. Each chapter opens with a featured article that takes a strong stand on a particular issue; the essays that immediately follow offer objections and critical responses to the arguments put forth in the featured selection. This format helps students learn how to better engage in debates because it illustrates how philosophers argue with each other. In addition, a general introduction describes strategies for understanding and evaluating the different types of arguments contained in the readings, while detailed chapter introductions enable students to see precisely how the arguments presented in the various writings are related to one another. Discussion questions and suggestions for further reading are included for each chapter. Ideal for courses in introduction to ethics and applied ethics/contemporary moral problems, What's Wrong? can also be used in critical thinking courses that emphasize philosophical argumentation. (shrink)