Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: Canada, Australia, Peru, and (...) Guatemala. In each case, the reconciliation mechanism differentiated the goal of reconciliation from an indigenous self-determination agenda. The resulting state-centered strategies ultimately failed to hold states fully accountable for past wrongs and, because of this, failed to transform inter-group relations. (shrink)

Artikeln tar sin utgångspunkt i två aktuella exempel på krav på historisk rättvisa efter kolonialismen: forna Mau-Mau-kämpars krav på gottgörelse för britternas övergrepp på 1950-talet och hererofolkets krav till Tyskland på gottgörelse för det folkmord som ägde rum 1904–1907. Dessa exempel aktualiserar frågan om historisk rättvisa. Vad innebär historisk rättvisa? Vilka krav på historisk rättvisa är berättigade att ställa? Hur lång tid efter övergrepp och våld finns det skäl att kräva gottgörelse? Kan kraven ärvas till efterkommande generationer? Vem bör gottgöra (...) dem som drabbats? Dessa frågor måste besvaras för att man skall kunna ta ställning till krav på gottgörelse och rättvisa. Syftet med denna artikel är att identifiera och söka besvara en rad frågor som krav på gottgörande rättvisa efter kolonialismen ställer. Avslutningsvis diskuteras kraven från Mau-Mau-kämparna som var internerade i brittiska läger och hererofolkets krav på kompensation från Tyskland.Nyckelord: Gottgörande rättvisa, kompensation, kolonialism, herero, Mau-Mau, global rättvisa, historisk rättvisaEnglish summary: The Meaning of Historical Justice after ColonialismRecently, four Kikuyus and former Kenyan Mau-Mau fighters claimed compensation for castration, torture and rape committed in the British detention camps in the 1950s. Also recently, representatives of the Herero people went to Berlin to bring home skulls that Germans brought to Berlin after the genocide at the beginning of the Twentieth Century. The detentions and abuses of Kikuyu and the genocide of the Herero people are just two examples of offenses carried out by European nations during colonialism. Do these offenses have any reverberations today? Should we simply forget about the deeds that happened such a long time ago or do they raise any legal or moral questions?The concept of justice has two dimensions, distributional and rectificatory. This article focuses on the meaning and implication of rectificatory justice for historical wrongs. The simple idea that if A is harming B, A has to correct her act, i.e. the basic idea of rectificatory justice, presupposes a line of complicated assumptions when it is applied to specific historical incidences, for example colonialism.A model provides a basis for an explication of rectificatory justice. It is then applied to a discussion of rectification after colonialism. The questions of who can rightly claim rectification and who owes rectification, if there are temporal limitations to rectification and what rectification after colonialism would imply are discussed. The article ends with an explication of the meaning of rectificatory justice, an argumentation for why rectificatory justice is commendable and an assessment of the demands of the Mau-Mau-fighters and the Herero. (shrink)

This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified by (...) distributive justice. Apologies and the moral relations they engage might thus be parts of a domain of justice that is neither distributive nor dependent on distributive justice. (shrink)

‘Holocaust consciousness’ has become a confused, monolithic, hortatory mix that can be better disaggregated, this essay suggests, by engaging in a series of moves: first by recasting what we mean by theory; second by drawing on both Tönnies and on family history to meld the analytic and personal perspectives more seamlessly together; and third by successively peeling away historical layers with a series of questions about how German and American society have recently coped with the legacy of the Holocaust, and (...) then how my father and grandfather coped with their situations. (shrink)

Focusing on Australian Prime Minister Kevin Rudd’s 2008 apology to the Stolen Generations, this article asks: can colonial-settler states obtain forgiveness through political apologies? The article first defends Jacques Derrida’s observation that political apologies resemble the Christian practice of confession. In doing so, it subsequently draws on Michel Foucault’s detailed treatise on confession in order to assess the potential for absolution. For Foucault, the process of engaging in exhaustive truth-telling of sin before a demarcated authority provides a route to such (...) atonement. By contrast, any potential unburdening of sin is lost when there is either no adequate authority to coax the confession or if the confession is less than full. The problem for the settler state is that it is predisposed to re-evoking the imaginary of the settler nation and Westphalian sovereignty in the very process of apologising. Consequently, there is no scope to submit before a higher sovereign body and any truth-telling is necessarily partial. As such, the central argument is that forgiveness for the settler state must remain elusive. The political opportunities arising from this for Indigenous peoples are discussed in the final section. (shrink)

A range of important ethical issues emerges from a consideration of the past interaction between colonizing and colonized peoples. This article first seeks to describe the key characteristics of colonialism as a system of domination and subjugation, before considering the legitimacy of contemporary judgments on the morality of historical colonialism. It then examines how the particular character of colonialism complicates arguments relating to the rectification of injustice. It concludes by asking what lessons those interested in ethics can learn from the (...) diverse body of work produced by writers in the postcolonial tradition. (shrink)

The current proliferation of restitutive claims in response to expropriation in armed conflicts occurs at the interstices of humanitarianism and transitional justice. Restitution indicates the expansion of the humanitarian mandate from providing immediate relief to those who have suffered loss, to engaging in remedial, redressive and restorative practices. That intersection between the humanitarian goals and post-conflict justice is one of the signs of ‘new’ forms and ethos of humanitarianism. This article offers a critical reading of the ‘restitutive desire’ underpinning the (...) humanitarian restitutive politics, which it relates to political fantasies of reversibility and undoing. It locates the genealogy of restitution in Émile Durkheim’s work on the division of labour, individualization and the distinction between repressive and restitutive law. It argues that in the Durkheimian socio-legal tradition restitution figures as a return of ‘matters to their former status’ and of ‘disturbed relationships to their normal form’. It then turns to Sigmund Freud’s essay on Daniel Schreber, which defines restitution not as procedure of undoing, but as a reparative practice that nevertheless affirms the subject’s ‘catastrophic loss of the world’. The Freudian perspective uncouples restitution and undoing and asks about the possibility of restitutive politics haunted by unrectifiable loss. (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 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)

Abstract: This article examines the uses of official apologies for massive human rights abuses in the context of democratic transitions. It sketches a normative model of apologies, highlighting how they serve to provide some moral and practical redress for past wrongs. It discusses a number of contributions apologies can make, including publicly confirming the status of victims as moral agents, fostering public reexamination and deliberation about social norms, and promoting critical understandings of history that undermine apologist historical accounts. The article (...) then presents certain normative criteria that any official apology must satisfy, and concludes with a discussion of several theoretical and practical challenges that apologies face in transitional contexts. It draws on Chilean President Patricio Aylwin's apology for his predecessor's crimes as an illustration of some of the promises and challenges that apologies face. (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)

Spatial metaphors abound in feminist theory. The modest goal of this paper is to reassert the importance of temporal dimensions in thought for feminist thinking. In order to establish this general claim, several kinds of current thinking about time that are problematic for feminists are explored. First, the postmodern compression of time and space is considered from the standpoint of the changes it brings in the nature of care. Second, the privileging of the future over the past is considered in (...) light of the problems it creates for thinking about justice for historical wrongdoing. Forgiveness and remembrance require an attention to the past. (shrink)

This paper analyses the role of remorse and apology in international criminal trials by juxtaposing two prominent cases of convicted war criminals Biljana Plavšić and Esad Landžo. Plavšić was the first and only Bosnian Serb political leader to plead guilty before the International Criminal Tribunal for the former Yugoslavia. Her acknowledgement of guilt and purported remorse expressed during her ICTY proceedings was celebrated as a milestone for both the ICTY and the Balkans. However, she later retracted her remorse while serving (...) her prison sentence. Landžo was a guard at the notorious Čelebići detention camp and did not acknowledge his guilt publicly during his ICTY trial. Seven years after his release from prison, Landžo personally confronted survivors and apologised to them. Through comparison of these two widely different cases, we illustrate varying roles criminal trials can play in offender’s reflection on his/her crimes and how relevance and resonance of war criminal’s remorse in and outside of the courtroom depend on how remorse is expressed and to whom. (shrink)

How to mobilize a traumatic national history on behalf of a less fractured polity? How to gain closure over a past that bifurcates the nation and establishes (at least) two national histories — history as told by the victims and by the perpetrators, now to be replaced by a history, as Mark Sanders (2003: 79) describes it, not of `bare facts but, at a crucial level, a history judged, and thus shaped, according to norms of universal human rights'. How to (...) engineer through politics the creation of new national selves, no longer pathologically attached to old and circumscribed forms of identification? These are now the critical questions confronting many elites: the overcoming of traumatic memory through various publicly mandated `technologies of the self'. To heal the nation requires the curing of the self. The politics of social repair understands itself largely through a psychologically inflected vocabulary of regret, apology, and forgiveness — the language of reconciliation. `Social cure', or reconciliation is understood as a process of social healing. In the face of traumatic ruptures in the body politic, in short, governments have sought to repair past wrongs and to heal an emotionally infirmed community. Such politics imply that societies have the capacity to repair themselves, to overcome traumatic pasts, just as an individual possesses the potential to overcome his or her own psychic trauma and fragmentation. But what evidence is there to support the claim that trauma — even for the individual — can be overcome, that history can be overridden, that forgiveness is possible? Psychoanalysis offers the most fully developed systematic body of work embracing a concept of the healing of the self. The article's aim, based upon an empirically derived (case-based) psychoanalysis, is to move toward a more robust theory of self-transformation and political reconciliation in post-traumatic communities. Thus, the article considers contemporary psychoanalytic evidence and asks of it the following questions: How is traumatic experience in the past recovered, and disabled, in the present? Is it necessary through memory to `return to the scene of the crime', in order to move beyond it? What features in the present-day therapeutic setting and in the therapeutic relationship promote healing? The objective is a grounded theory of reconciliation that includes discussion for whole societies of the role of historical recovery in social repair, the relation of the present to the past in self-constitution, and the requisite structure of the present-day reparative community to promote self-transformations. (shrink)

The ‘structural injustice’ framework is an increasingly influential way of thinking about historical injustice. Structural injustice theorists argue against reparations for historical injustice on the grounds that our focus should be on forward-looking responsibility for contemporary structural injustice. Through the use of a case study – the Caribbean Community 10-Point Plan for reparations from 2014 – I argue that this reasoning is flawed. Backward-looking reparations can be justified on the basis of state liability over time. The value of backward-looking reparations (...) is that they ensure that historical perpetrators do not evade their reparative obligations and that affected communities are taken seriously. However, I argue that this backward-looking approach should be supplemented by a forward-looking structural injustice approach and the ‘social connection model’ of responsibility, which can expand the scope of responsible agents and forms of injustice that warrant repair and explain how citizens living now can be expected to pay for crimes of the past. (shrink)

How do experiences of shame and guilt shape or reflect the ways in which the vanquished are reconciled (or not) to the new world order established by the victors? Shame and guilt are universal experiences in the emotional landscape of post-war politics, albeit for different reasons and with radically different political effects. An examination of Germany after 1918 and of Japan after 1945 reveals that experiences of shame and guilt may be pivotal for creating conditions of possibility for reconciliation marked (...) by political and moral transformation. This transformative potential of shame and guilt, however, is a double-edged sword. In threatening old identities, values and beliefs, experiences of shame and guilt may provoke defensive, reactionary and violent political responses, and thus may precipitate hideous rather than salutary transformations. Political leadership and political culture are crucial factors in shaping the kind of reconciliation — reactionary or transformative — as well as the specific nature of transformations that experiences of shame and guilt may motivate the vanquished to pursue. (shrink)

Abstract: Many individuals experience feelings of collective guilt or shame for the blameworthy historical acts of the nations or ethnic groups to which they belong. I reject the idea that collective moral sentiment rests on inherited moral responsibility. I suggest that the possibilities for individual action inherent in membership in ethnic identity groups can be a source of special moral duties. I argue that collective guilt and shame are moral emotions that individuals experience in response to complex assessments of their (...) groups' histories and of their own practical responses to those histories. The approach I take to analyzing the concept of an ethnic identity group makes use of tools developed by Max Weber. Weber's conceptual work on social groups and related phenomena has been strongly criticized in a widely discussed book by Margaret Gilbert. I show that Gilbert's arguments fail to discredit Weberian analyses of social groups and their properties. (shrink)

At the heart of the Israeli-Palestinian conflict rages a struggle between two foundational tragedies: the Jewish Holocaust and the Palestinian Nakba. The contending ways in which both events are commemorated is a known feature of the conflict. Less known are marginal attempts to jointly deliberate on them. This article draws on such attempts to theorize a postnational conception of memory. Deliberating on the Holocaust and the Nakba, it argues, challenges the way nationalism structures ‘our’ and ‘their’ relationship to the past. (...) While nationalism seeks the congruence of memory and territory, postnationalism challenges this congruence. Doing so entails extending the communicative bounds of memory beyond national members, disrupting the territorialization of memory along national lines, and critically revising national narratives in light of a cosmopolitan memory. The article explores these three dimensions and offers a typology that differentiates the way nationalism and postnationalism mediate our relationship to the past. (shrink)

National days often represent unifying narratives about nation-states. Recent calls for historical redress within settler-colonial nations, however, have been based on redefinitions of triumphalist historical narratives, incorporating darker histories of colonialisation’s ongoing effects. This has resulted in controversy about national days, especially in Australia (celebrated on the anniversary of British colonisation). Discussions about Australia's national day may show us if, and how, these competing historical narratives can be integrated into a unified national story. A critical discursive examination of Australian news (...) media articles demonstrated the ways historical narratives were deployed to construct competing understandings of the national day’s meaning. Analysis showed how the narrative of colonisation as a force for cultural advancement was used to justify celebrating the current date. In contrast, acknowledging and reckoning with the past was positioned as crucial to moving forward, and, correspondingly, that changing the date was necessary. Respecifying the historical narrative in this way brought together a more complex, nation-building story unifying Indigenous peoples, settlers, and newer migrants in celebrating the (new?) national day. Such reimagined national stories offer potential ‘golden futures’, but risk allowing nations to continue to avoid reckoning with their dark histories, and, especially, the connection of these to present-day inequalities. (shrink)

It has been a commonplace since the 2012 coup to hear how fragile the Malian democracy had become. Among the many causes is the political role that non-governmental organizations have played as a fourth branch of government. As deliberative democratic processes were replaced by a corrupt elite consensus during the past eight years, NGOs assumed an important place in this system. This included humanitarian NGOs. However, these same NGOs until recently were blind to the political impact they were having. This (...) essay suggests one explanation for this blindness and argues for the importance of a conception of humanitarian aid that balances moral responsibility with political responsibility. (shrink)

Shortly before and during the Second World War, Japanese doctors and medical researchers conducted large-scale human experiments in occupied China that were at least as gruesome as those conducted by Nazi doctors. Japan never officially acknowledged the occurrence of the experiments, never tried any of the perpetrators, and never provided compensation to the victims or issued an apology. Building on work by Jing-Bao Nie, this article argues that the U.S. government is heavily complicit in this grave injustice, and should respond (...) in an appropriate way in order to reduce this complicity, as well as to avoid complicity in future unethical medical experiments. It also calls on other U.S. institutions, in particular the Presidential Commission for the Study of Bioethical Issues, to urge the government to respond, or to at least inform the public and initiate a debate about this dark page of American and Japanese history. (shrink)

Groups have committed historical wrongs (e.g., genocide, slavery). We investigated why people blame current groups who were not involved in the original historical wrong for the actions of their predecessors who committed these wrongs and are no longer alive. Current models of individual and group blame overlook the dimension of time and therefore have difficulty explaining this phenomenon using their existing criteria like causality, intentionality, or preventability. We hypothesized that factors that help psychologically bridge the past and present, like perceiving (...) higher (a) connectedness between past and present perpetrator groups, (b) continued privilege of perpetrator groups, (c) continued harm of victim groups, and (d) unfulfilled forward obligations of perpetrator groups would facilitate higher blame judgments against current groups for the past. In two repeated-measures surveys using real events (N1 = 518, N2 = 495) and two conjoint experiments using hypothetical events (N3 = 598, N4 = 605), we find correlational and causal evidence for our hypotheses. These factors link present groups to their past and cause more historical blame and support for compensation policies. This work brings the dimension of time into theories of blame, uncovers overlooked criteria for blame judgments, and questions the assumptions of existing blame models. Additionally, it helps us understand the psychological processes undergirding intergroup relations and historical narratives mired in historical conflict. Our work provides psychological insight into the debates on intergenerational justice by suggesting methods people can use to ameliorate the psychological legacies of historical wrongs and atrocities. (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)

Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the point along this spectrum that (...) is morally or politically most significant. Section 3 provides an overview of the processes commonly cited as contributing to reconciliation. These processes are often controversial; those praised by some commentators as appropriate and constructive responses to past conflict are dismissed by others as undermining the moral or political conditions for just and peaceful relations. Section 4 concentrates on the relationship between reconciliation and justice. While some see these values as compatible and mutually supporting, others argue that, especially in the immediate wake of conflict, parties must often choose between reconciliation and justice. (shrink)