This article invokes the idea of personhood (which it takes to be at the heart of Afrocommunitarian morality) to give an account of corrective/rectification justice. The idea of rectification justice by Robert Nozick is used heuristically to reveal the moral-theoretical resources availed by the idea of personhood to think about historical injustices and what would constitute a meaningful remedy for them. This notion of personhood has three facets: (1) a theory of moral status/dignity, (2) an account of historical (...) conditions and (3) the achievement of moral excellence by the agent (personhood). This article argues that a just society is a function of (1) and (2), and it further argues that the aim of rectification justice is to correct these two facets of a society, which are necessary for (3) to be possible. The aim of correcting history just is to make personhood a possibility for all humanity, particularly of those who were victims of past injustices. (shrink)

The beginning of any rigorous interdisciplinary study, as Hegel and later Marx predicted, is going to be the occasion for opposition, contradiction, negation and mediation. Sociobiology is not a mature field (thesis). Kitcher's critical work entitledVaulting Ambition seeks to at once expose the failings of this field (serving as antithesis) while simultaneously defining the requirements for more mature, and thus epistemologically satisfying, sociobiological explanations (synthesis). The sociobiological research agenda is thus implicitly given a green light provided certain methodological precautions are (...) taken into consideration. Confucius believed that under these circumstances the only way to restore order would be so to arrange affairs that the Emperor would continue to be Emperor, the nobles to be nobles, the ministers to be ministers, and the common people common people. That is, the actual must in each case be made to correspond to the name. This theory Confucius called theRectification of Names (cheng ming), a doctrine which he recognized as being of the utmost importance. (Fung, 1952, p. 59). Tzu-lu said, “If the Lord of Wei left the adminstration (cheng) of his state to you, what would you put first?” The Master said, “If something has to be put first, it is, perhaps, the rectification (cheng) of names.” (The Analects (Lun yü) of Confucius, Book XIII: 3) (Besides being homophones, the two words in Chinese are cognate, thus showing that the concept of ‘governing’ was felt to be related to that of ‘correcting’.) . (shrink)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is (...) justified in leaving it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

Are the state’s obligations to victims of its own wrongdoing greater than to persons who have suffered from bad luck? Many people endorse an affirmative answer to this question. Call this the Difference View. This view can seem arbitrary from the perspective of the victims in question; why should a victim of bad luck, who is just as badly off through no fault of her own, be entitled to less assistance from the state than a victim of state-caused wrongful harm? (...) This paper defends a qualified version of the Difference View, the Threshold Version of the Difference View. According to this view, all disadvantaged persons, no matter what the cause of their disadvantage, must be compensated until they reach a minimum threshold of wellbeing; however, among disadvantaged persons above this threshold, full compensation is owed for those who are victims of state wrongdoing, whereas full compensation is not necessarily owed to those who are disadvantaged due to bad luck. (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)

Rectification note to “Scientific models and metalinguistic negotiation”, 277-295).

Libertarians typically object to having the state deal with law and order for several general reasons: it is inefficient; it is carried out at the expense of taxpayers; and it punishes so-called victimless crimes. Exactly what the observance of liberty implies with respect to the treatment of tortfeasors and criminals is more controversial among libertarians. A pure theory of libertarian restitution and retribution is mainly what is attempted here, without becoming involved in general moral anti-state arguments. However, the pure theory (...) alone will raise practical problems that require immediate response if the theory is to appear at all plausible. (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)

This book aims to help answer two questions that Western philosophy has paid relatively little attention to - what is injustice and what does justice require when injustice occurs? Injustice and Rectification offers a taxonomy of justice, which sets forth an initial framework for a moral theory of justice and focuses on framing a conception of rectificatory justice. The taxonomy is ground for this book's eleven other essays, in which a diverse group of authors brings philosophical analysis to bear (...) on the idea of injustice itself and on some important conceptual and normative issues concerning the rectification of injustice. (shrink)

Should an institutional scheme prioritize the rectification or compensation of harms it has wrongfully caused over provision of aid to persons it has not harmed? Some who think so rely on an analogy with the view that persons should give higher priority to rectification than to aid. Inference from the personal view to the institutional view would be warranted if either (i) the correct moral principles for institutional assessment are nearest possible equivalents of the correct personal moral principles, (...) or (ii) the moral principles which ground the personal view also ground the institutional view. Neither claim can be justified. I briefly assess some alternative ways of defending the view that institutions should prioritize rectification over aid. (shrink)

Both an emphasis on logic and an emphasis on rhetoric lead to a kind of care for language. However, in early Greece this care for language through the lens of logic manifested in the drive to ‘get it right’, whereas in early China the care for language manifested in the pervasive concern for zhengming, for using names properly. For the early Chinese thinkers, especially the early Confucians, this was not predominantly a linguistic affair—zhengming is a key component of moral cultivation. (...) As we explore the ethical import of Confucian role ethics, we need to pay attention to the philosophical vocabulary of this worldview and to how our understanding of these crucial terms changes if persons are seen as relational—a central premise of Confucian role ethics. In this essay I argue against reading zhengming as fagu, merely a conservative retrieval of historical meaning, as suggested by the political philosopher Hsiao Kung-chuan, among others. Instead, I argue for three theses: (1) although stubbornly persistent, ‘rectification of names’ is not an adequate translation for zhengming; (2) the conservative reading of zhengming is problematic and needs to be rethought as an hermeneutic process intersecting past meanings, present circumstances, and future possibilities; and (3) zhengming is, in an important sense, the ‘art’ of Confucian role ethics, for achieving moral competency in this tradition is a matter of constantly revising one's roles and relationships. (shrink)

The common approach to discussing Confucius’ advocacy of “correction of names” is to join the current academic debate about its meaning, usually in philosophical terms. Rather than joining in, however, this article describes the debate itself as a historically situated discourse largely dating from the early Republican era. I argue that Hu Shi 胡適 played a crucial but largely forgotten role in the creation of this discourse. While the core of the current discourse on zhengming consists of views that can (...) be traced to him, this discourse is nowadays often regarded as fact rather than a specific interpretation. By forgetting the historicity of this interpretation, academic reflection risks ossification and the loss of its critical spirit. The mere repetition of Hu Shi’s discourse is also contrary to his own spirit, which sought to call into question established views. (shrink)

As China enters the twenty-first century and we look back at the slogans China raised during the May Fourth New Culture Movement at the beginning of the twentieth century, we find that whether "science" and "democracy," or liberalism, or the emancipation of the personality, or human rights and humanitarianism—all remain as foci of attention today. The May Fourth movement as a movement for enlightenment may be seen as an ideological preparation for China's advance toward modernization, and the first step required (...) in practice was political change. Whether revolution or reform, the objective was always to bring about constitutional democracy. Despite close to forty years of detours, we have finally admitted that the market economy is a stage of development that cannot be skipped. But we still do not admit that constitutional democracy is similarly a stage that cannot be skipped. And so, as China steps into the new millennium, it is still limping along and must make up for this missed lesson. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible (...) approach, because it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

Recently the demand for rectification of past injustices has become an increasingly important issue. Each of the last three decades has witnessed democratization processes in the Mediterranean basin, Latin America, in Central and Eastern Europe and in Africa where debates have arisen over rectification of past wrongs which naturally include the unjust expropriation of property. Most recently, moreover, the idea of land restitution to indigenous people, particularly in Australia, Canada and Zimbabwe, has become a prominent, if not always (...) equanimous, part of those countries' domestic political agendas. The difficulties associated with satisfying such demands have been discussed with particular regard to the framing of new post-Communist constitutions in eastern and central Europe by, among others, Jon Elster and Claus Offe. Yet, not only in the field of public policy has the issue of rectification become important. Perhaps because of these developments, there has been a resurgence of interest in rectification in political philosophy as is shown by a forthcoming collection of essays on the subject edited by Elster. (shrink)

A substantial reason behind the Confucian canonization of the Yijing can be located in some underlying patterns of thinking common to both the Yijing and The Analects; especially relevant here is the doctrine of rectification of names. In particular, I analyze the fundamental structure of the Yijing by means of the names and symbols standing in unique semantic/semiotic relations to the world, and I go on to suggest that this is what is importantly entailed by the doctrine of the (...) rectification of names when the latter is understood by means of the perlocutionary function of the prescriptive language. (shrink)

A central theme throughout Thomas Pogge's pathbreakingWorld Poverty and Human Rightsis that the global political and economic orderharmspeople in developing countries, and that our duty toward the global poor is therefore not to assist them but torectify injustice. But does the global orderharmthe poor? I argue elsewhere that there is a sense in which this is indeed so, at least if a certain empirical thesis is accepted. In this essay, however, I seek to show that the global order not only (...) does not harm the poor but can plausibly be credited with the considerable improvements in human well-being that have been achieved over the last 200 years. Much of what Pogge says about our duties toward developing countries is therefore false. (shrink)

It is widely thought that Robert Nozick’s views on rectification of past injustices are of critical importance to his theory of distributive justice, even perhaps justifying wholesale redistributive taxes in the present because of the undoubted injustices that have pervaded much past history. This essay undertakes to correct this impression—not mostly by disagreeing with Nozick’s claims, but nevertheless proceeding on basic libertarian theory. Of enormous importance is the role of putative innocents, who are defrauded by miscreants carefully covering their (...) tracks so that these recipients have no reason to think they are buying stolen property. But of equal importance is simply that the duty to rectify past injustices is not comparable to the original duty to respect property rights in the first place. (shrink)

How should we understand the Confucian doctrine of the rectification of names (zhengming): what does it mean that an object’s name must be in accordance with its reality, and why does it matter? The aim of this paper is to answer this question by advocating a novel interpretation of the later Confucian, Xunzi’s account of the doctrine. Xunzi claims that sage-kings ascribe names and values to objects by convention, and since they are sages, they know the truth. When we (...) misuse names, we are departing from a sagely convention of naming. As sagely convention determines moral truth, departure from the linguistic convention of the sages is a departure from moral truth. On my interpretation of Xunzi, the rectification of names is not a doctrine about what is true, but a doctrine about how we aim at truth. We are aiming at descriptive truth when our language conforms to the correct name of an object according to what I call ‘Confucian conventionalism’. When we correctly aim at descriptive truth we can aim at moral truth. Therefore, I claim that the doctrine of the rectification of names is concerned with discerning the literal accordance of language with an object (what is descriptively, linguistically true), to determine what is normatively, or morally, true. According to Xunzi, moral truth is grounded in linguistic truth. (shrink)