I address an issue that arises for rights theories that recognize rights to compensation for rightsintrusions. Do individuals who never pose any risk of harm to others have a right, against a rightsintruder, to full compensation for any resulting intrusion-harm, or is the right limited in some way by the extent to which the intruder was agent-responsible for the intrusion-harm (e.g., the extent to which the harm was a foreseeable result of her autonomous choices)? Although this (...) general issue of strict liability vs. fault liability has been much analyzed and debated, there is a promising position that, to the best of my knowledge, has not been much discussed. This is the view that (1) when the intruder is agent-responsible for violating the rights (e.g., does so knowingly), she owes the intrudee compensation for the entire intrusion-harm, but (2) when the intruder is not agentresponsible for wrongly intruding upon the rights (because the intrusion was not wrong or because the intruder could not reasonably have known it was wrong), then she owes the intrudee compensation only for the intrusion-harm for which she is agent-responsible (and not, for example, harm that she could not have reasonably foreseen). I shall develop and motivate this position without attempting a full defense. Throughout, I focus on the rights of the intrudee, against the intruder, to compensation and the correlative duty of the intruder to the intrudee. I’m pleased and honored to have this paper included in this collection in honor of Hillel Steiner. Much of what I know about rights and libertarianism I learned from him – both from his written works and from his very helpful correspondence over the years. Moreover, his intellectual rigor, honesty, and modesty have been a source of inspiration. Although Hillel has not written extensively on compensation for intrusion-harms, it is a topic central to his view of justice, as it is to mine. (shrink)

People react negatively not only to injustices they personally endure but also to injustices that they observe as bystanders at work—and typically, people observe more injustices than they personally experience. It is therefore important to understand how organizations can restore observers’ perceptions of justice after an injustice has occurred. In our paper, we employ a policy capturing design to test and compare the restorative power of monetary compensation, procedure changes and apologies, alone and in combination, from the perspective of (...) third parties. We extend previous research on remedies by including different degrees of compensation and procedural changes, by comparing the effects of sincere versus insincere apologies and by including apologies from additional sources. The results indicate that monetary compensation, procedure changes, and sincere apologies all have a significant and positive effect on how observers perceive the restoration of justice. Insincere apologies, on the other hand, have no significant effect on restoration for third parties. Procedural changes were found to have the strongest remedial effects, a remedy rarely included in previous research. One interpretation of this finding could be that observers of injustice prefer solutions that are not short sighted: changing procedures avoids future injustices that could affect other people. We found that combinations of remedies, such that the presence of a second remedy strengthens the effect of the first remedy, are particularly effective. Our findings regarding interactions underline the importance of studying and administering remedies in conjunction with each other. (shrink)

Rights to compensation are much invoked and much disputed in recent liberal debates. The disputes are generally about supposed fundamental rights to compensation, whose recognition and legal enactment would transform some lives. For example, special treatment in education or employment are claimed as compensation for past denials of equal opportunity; special consideration for Third World countries in aid and trade terms is claimed as compensation for the injustices of the colonial past. We can make ready sense (...) of the idea of legal rights to compensation. Legal rights to compensation guarantee recompense for damage suffered. The damage for which compensation is given may or may not be produced by wrongdoing; it may also be negligent or accidental or due to natural causes. In law, compensation is not always contingent upon the victim having suffered injury as well as harm, nor upon saddling a wrong-doer with the costs of compensation. Insurance policies standardly cover damage due to accident and neglect. Legal rights to compensation may provide for payments to victims of violent crime, to those whose property is requisitioned or damaged, to victims of libel or malpractice, and even to victims of natural disasters such as floods or earthquakes. Legal rights to compensation are a standard way of dealing with the predicament of those who become victims, whether of others' action, of their own negligence, or of natural catastrophe. None of this shows that there are fundamental rights to compensation. Legal rights to compensation may lack moral grounding: and if they are morally grounded, they may rest not on fundamental rights to compensation, but on background positions in which rights are derivative or inessential. (shrink)

Forced expropriations of immovable property were common during the Communist era in Eastern Europe. Today, many of the former owners or their heirs are interested in regaining legal ownership of such properties, often decades after the ownership has been reallocated to others. Therefore, the conflict between old and new owners is often resolved in favour of the new owners. While this is understandable from a contemporary political perspective, this approach results in a perpetuation of the results of an earlier human (...) rights violation, thereby resulting in a new human rights violation which will have to be measured against the European Convention on Human Rights (ECHR) if the state in question has ratified it prior to deciding how to handle the long-term effects of expropriations. Firstly, in the article we will devote ourselves to the interpretation of the right to property with an emphasis on the problem of expropriation. Above all, we will elaborate on the definition of the term “property” as well as positive and negative obligations of the Member States regarding this right. Finally, we will address the question of expropriations prior to the entry into force of the Convention and just compensation under Article 41 ECHR. Interpretation of the right to property will be supported by the jurisprudence of the European Court of Human Rights. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter (...) introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

Awareness of the morally significant distinction between research and innovative therapy reveals serious gaps in the legal provision for compensation in the UK for injured subjects of medical research. Major problems are limitations inherent in negligence actions and a culture that emphasises indemnifying researchers before compensating victims. Medical research morally requires compensation on a no-fault basis even where there is proper consent on the part of the research subject. In particular, for drug research, there is insufficient provision in (...) the current patient guidelines of the Association of the British Pharmaceutical Industry, since they make "no legal commitment" to paying compensation for injury to patient subjects. There is a need for the provision of both adequate insurance and contractual arrangements for making payments. The solution is for Local Research Ethics Committees (LRECs) to make use of their power to withhold approval of medical research where compensation is not legally enforceable. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the (...) world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)

Judith Jarvis Thomson and others contend that rights are pro-tanto rather than absolute, that is, that rights may permissibly be infringed in some circumstances. Alan Gewirth maintains that there are some rights that are absolute because infringing them would amount to unspeakable evil. However, there seem to be possible circumstances in which it would be permissible to infringe even those rights. Specificationists, such as Gerald Gaus, Russ Shafer-Landau, Hillel Steiner and Kit Wellman, argue that all rights are absolute because they (...) have implicit exceptions, the exceptions being either right-voiding or right-compatible. Specificationists have charged pro-tantoism with preventing rights from being action-guiding, and pro-tantoists have levelled the same charge against specificationism. I show that both charges are mistaken. Pro-tantoists claim that specificationists cannot account for the moral remainder that we recognise in some circumstances and which can be explained by reference to a permissible right-infringement. Specificationists retort that the moral remainder can be explained by invoking compensation-rights. I show that the pro-tantoist claim is true and that the specificationist retort is false on two counts: explanation in terms of compensation-rights is not applicable to all cases; and it fails to account for the moral dynamic in the cases to which it is applicable. The contention that rights are pro-tanto does not conflict with the substance of the contention that rights are trumps, despite claims of specificationists to the contrary. (shrink)

The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet (...) them. In this Article I appeal to Rawlsian contractualist justification, including the “criterion of reciprocity,” in developing a third manner of thinking about the relationship between property and welfare. I argue that welfare rights are necessary conditions for justifying a role for the state in enforcing the “right to exclude,” a fundamental element of private ownership. My Article thus aims to use Rawls’ account of justification, outlined in his later works, to theorize the notion of property-owning democracy from Theory of Justice. (shrink)

Even in just wars we infringe the rights of countless civilians whose ruination enables us to protect our own rights. These civilians are owed compensation, even in cases where the collateral harms they suffer satisfy the proportionality constraint. I argue that those who authorize or commit the infringements and who also benefit from those harms will bear that compensatory duty, even if the unjust aggressor cannot or will not discharge that duty. I argue further that if we suspect antecedently (...) that we will culpably refrain from compensating those victims post bellum, then this makes satisfying the war’s proportionality constraint substantially more difficult at the outset of the war. The lesson here is that failing to take duties of compensation in war seriously constrains our moral permission to protect ourselves. (shrink)

Scholars are divided over whether a victim's rights persist when an agent permissibly responds to an emergency. According to the prevailing view the moral force of rights is not extinguished by moral permissibility and the agent, therefore, has a duty to compensate the victim. According to another influential view permissibility does erase the moral force of rights and the agent, therefore, can only have a duty to compensate for reasons other than the fact that they committed a rights transgression. I (...) argue that liability does not follow even if we grant that the victim's rights persevere. A non-pecuniary remedy such as a formal apology provides an adequate way of vindicating the victim's rights and of recognizing the agent's causal role. Thus, the answer to the question of what remedy the permissible transgressor owes the victim does not provide us with an answer to the question of who should bear the burden. (shrink)

Antibiotic resistance is one of the most pressing public health problems humanity faces. Research into new classes of antibiotics and new kinds of treatments – including risky experimental treatments such as phage therapy and vaccines – is an important part of improving our ability to treat infectious diseases. In order to aid this research, we will argue that we should permit researchers to pay people any amount of money to compensate for the risks of participating in clinical trials, including ‘challenge (...) studies’ that involve deliberately infecting patients. We think that standard worries about paying for participation in risky research are reducible to concerns that can be addressed with the right screening mechanisms. (shrink)

This paper offers a critique of recent attempts, by George Sher and others to justify compensation to be paid to descendants of deceased victims of past wrongs. This recent attempt is important as it endeavours to avoid some well-known critiques of previous attempts, such as the non-identity problem. Furthermore, this new attempt is grounded in individual rights, without invoking a more controversial collectivist assumption. The first step in this critique is to differentiate between compensation and restitution. Once this (...) important distinction is clear, an examination of several factors follows: the importance of the passage of time vis-à-vis claims for compensation and/or restitution, the responsibility of the would be payers, the responsibility of the descendants of the victims, the welfare level of the descendants of the victims, information-related issues, and several additional factors. The conclusion is that once we take into account the distinction between compensation and restitution, and the additional factors mentioned, the case for compensation and/or restitution under the ‘continuing injustice argument’, is highly limited. (shrink)

Although researchers generally take great care to ensure that human subjects do not suffer very serious harms from their involvement in research, the situation is different for nonhuman animal subjects. Significant progress has been made in reducing unnecessary animal suffering in research, yet researchers still inflict severe pain and distress on tens of thousands of animals every year for scientific purposes. Some bioethicists, scientists, and animal welfare advocates argue for placing an upper limit on the suffering researchers may impose on (...) animal subjects, with rare exceptions for research that promises critical social benefits. In this article, I argue against such an upper limit on harm on the grounds that researchers often can compensate animal subjects for their suffering, even severe and long-lasting suffering. If animal subjects receive adequate compensation for the harms they suffer, then there is no general limit on how much suffering researchers may impose on them for scientific purposes. (shrink)

Theories of rights seem well equipped to explain widely accepted claims about the morality of harming. But can they explain popular claims about the morality of imposing risks of harm? Many think not. But a plausible theory of rights can explain those claims if it says we have the right that others not impose risks of harm upon us. That is a good reason to believe we have that right. There are many objections to the claim that we (...) have that right, but none of them are sound. Among the topics covered are: the permissibility of rights infringements, trivial rights infringements, the permissibility of risk impositions, the aggregation of rights, consent, self-defense, punishment, and compensation. (shrink)

Vulnerability is a broad concept widely addressed in recent scholarly literature. Lesbian, gay, bisexual, and transgender people are among the vulnerable populations with significant disadvantages related to health and the social determinants of health. Medical ethics discourse tackles vulnerability from philosophical and political perspectives. LGBT people experience several disadvantages from both perspectives. This article aims to justify the right to health for LGBT people and their particular claims regarding healthcare because they belong to a vulnerable group. Rawls’ theory of (...) justice and Norman Daniels’ normal functioning approach will be discussed in this context. Despite the fact that the right to health can be justified by Daniels’ normal functioning approach, there is still a theoretical gap in justifying the right to health for particular vulnerable populations such as LGBT peopleand discussing society’s duty to compensate for these disadvantages. In search of solid theoretical grounds for the justification of the right to health for LGBT people, the present author takes the opportunity to utilize Daniels’ flexible definition of normal functioning to show that normal functioning not only varies by age but also by different states of human existence, including sexual orientation and gender identity, and to propose replacing the life span approach with normal states of human existence. (shrink)

In addition to disability insurance purchased privately by individuals or employers, three other major types of disability insurance are available: Workers’ Compensation, Social Security Disability Insurance, and Supplemental Security Insurance. The first two, Workers’ Compensation and SSDI, are available to individuals with work connections. The third, SSI, does not require a work connection.Workers’ Compensation laws were initially passed to provide economic protection for workers and their families when a worker suffered an accident on the job resulting in (...) an injury. The first laws passed were subject to court challenges based on their constitutionality. Ultimately courts approved the constitutionality of the Workers’ Compensation laws rationalizing that the laws created a compromise whereby an employee gave up her right to sue for a tort recovery in exchange for the employer's agreement to pay benefits without regard to the cause of the accident. (shrink)

In "Should Race Matter?," David Boonin proposes the compensation principle: When an agent wrongfully harms another person, she incurs a moral obligation to compensate that person for the harms she has caused. Boonin then argues that the United States government has wrongfully harmed black Americans by adopting pro-slavery laws and other discriminatory laws and practices following the end of slavery, and therefore the United States government has an obligation to pay reparations for slavery and discriminatory laws and practices to (...) those who have been harmed by them - in particular, to contemporary black Americans. Here I argue that the compensation principle is false because it violates the control principle, the foundational principle of ethics that states that moral responsibility requires control; for an agent to be morally responsible for something, whether or not she does that thing must be within her control. If the compensation principle creates a moral obligation for an agent to compensate a harmed party, failure to do so will result in that agent's being morally blameworthy for failing in her obligation. Because some harms cannot be compensated for, agents who wrongfully harm others will be required to do something that is outside of their control. (shrink)

This work examines the case for international compensation programs for reasonably justly formed majority cultures facing threats due to the ordinary functioning of globalization. While many “majority rights” claims cannot withstand scrutiny, standard liberal-democratic arguments for minority rights couched in concerns about cultural vulnerability now apply to several majority cultures. Parity of reasoning from the minority rights literature thus provides some reasonably justly formed majorities with claims to cultural protections. Domestic laws are unlikely to adequately protect against transnational threats, (...) and some would threaten minority rights. But majority cultural vulnerability presents an injustice that international institutions should address. A well-designed international compensation scheme could maintain recognized benefits of globalization while compensating those who lose part of their cultural identity as a result. The following motivates and provides preliminary details on how to design a scheme. (shrink)

This article addresses the question of whether present day individuals can inherit rights to compensation from their ancestors. It argues that contemporary writing on compensatory justice in general, and on the inheritability of rights to compensation in particular, has mischaracterized what is at stake in contexts where those responsible for wrongdoing continually refuse to make reparation for their unjust actions, and has subsequently misunderstood how later generations can advance claims rooted in the past mistreatment of their forebears. In (...) particular, a full consideration of the wrongful character of non-rectification needs to take account of the multiplicity of temporal points at which compensation could have been, but was not, paid, each with potentially significant consequences for the victims of injustice. This has relevance for what is owed to those who have been wrongfully denied compensation for wrongs that caused them direct harm, and can be extended to others, such as their direct heirs, who are likewise affected by non-rectification. This opens the door to the endorsement of potentially extensive contemporary claims on behalf of the heirs of victims of wrongdoing. (shrink)

Currently living people cannot be said to be wronged because of the wrongless emissons of greenhouse gases by past people. According to the usual subjunctive-historical understanding of harm, currently living people cannot be said to be harmed by the impact of greenhouse emissions on their well-being. By relying on a subjunctive-threshold notion of harm we can justify conclusions about both the present generation’s duties not to violate the rights of future generations, and the present generation’s duties to compensate currently living (...) people for the harms inflicted upon them through the lasting impact of wrongless past harms. This interpretation supports a forward-looking understanding of the grounds of our relating to wrongless past harms. The significance of past harms lies in their consequences for the well-being of currently living and future people. The subjunctive-threshold notion of harm lends support to a standard of minimal, general, and universal justice. Those actors who are in a position to fulfill its requirements are under a duty to do so. Especially the rich and powerful countries ought to counteract the harmful impact of past greenhouse emissions. (shrink)

It is the purpose of this article to make the positive case for an under-appreciated conception of rights: specified rights. In contrast to rights conceived generally, a specified right can stand against different behaviour in different circumstances, so that what conflicts with a right in one context may not conflict with it in another. The specified conception of rights thus combines into a single inquiry the two questions that must be answered in invoking the general conception of rights, (...) identifying the content of a right in light of what is justifiable to do under the circumstances. I present the case for specificationism in four sections, focusing on property rights. First, I argue that rights are based upon more fundamental reasons, and that this instrumentalism is compatible only with specificationism—a fact necessity cases illuminate. Next, I explain how specificationism embodies a fully moralized understanding of rights, and point to a dilemma that one faces in denying this. Third, I argue that the gap in property rights exposed in necessity cases entails that there is no right-based duty to compensate in such cases. Finally, I offer an error theory to explain the (false) attraction of the general conception of property rights. (shrink)

Philosophical defenses of parents’ rights typically appeal to the interests of parents, the interests of children, or some combination of these. Here I propose that at least in the case of biological, non-adoptive parents, these rights have a different normative basis: namely, these rights should be accorded to biological parents because of the compensatory duties such parents owe their children by virtue of having brought them into existence. Inspried by Seana Shiffrin, I argue that procreation inevitably encumbers the wills of (...) children in otherwise morally objectionable ways. Such subjection generates duties to compensate children, even if the child’s life is on balance a benefit to her. The right to procreate is thus conditioned on prospective parent’s willingness to compensate for the harms of procreation. And because parents bear such compensatory duties, they must be accorded permissions (i.e., rights) to fulfill these duties. These rights include familiar exclusionary rights to promote children’s welfare, etc. Moreover, because subjecting children to harms or the risks thereof violates their autonomy, parental duties (and rights) include the provision of education and other goods that enable their subsequent autonomy as adults. Grounding parental rights in compensatory procreative duties avoids problems associated with appeals to the interests of children (e.g., that these interests do not seem to generate exclusive parental rights) or to the interests of parents (e.g., that these interests do not appear strong enough to permit the creation of a new, vulnerable human individual). (shrink)

The article deals with the constitutional right of a person to apply to court. While construing this constitutionally entrenched right of a person, one analyses the doctrine of the right of a person to apply to court, which was formed in the jurisprudence of the Constitutional Court of the Republic of Lithuania. The right of a person to court is entrenched expressis verbis in Paragraph 1 of Article 30 of the Constitution whereby the person whose constitutional (...) rights or freedoms are violated shall have the right to apply to court. The doctrine of the Constitutional Court derives this right also from the constitutional principle of a state under the rule of law. The right of a person to court is inseparable from other norms and principles of the Constitution, which are equality of rights, the right to compensation of damage, the right to a proper court process, etc. (shrink)

In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for (...) when a risk-imposition is a rights violation. The second strategy drops the claim that rights are absolute and maintains that all rights infringements generate compensation duties. It is argued that both strategies face significant practical problems of their own and that the Paralysis Problem seems fatal for a right against risk-imposition in the absence of an adequate account of the morally relevant threshold risk. (shrink)

It would seem that we in the West are suffering from an increasing glut of rights. To the sixty-odd human rights that the Universal Declaration and its Covenants have long given us, must now be added the particular rights claims of an increasing number of ‘oppressed’ minorities, claims to compensation rights for just about every conceivable harm done and claims to ever more trivial things. This tendency is harmful insofar as it trivialises rights and devalues the coverage of rights. (...) Human rights are fundamental and ought to be protected from these tendencies. Using an analysis of the foundations of human rights, and their function in maintaining autonomy in particular, this article analyses the content of rights – what must be fulfilled in order for a right to be protected – as a means of demonstrating the possibility of reducing the volume of rights without reducing rights coverage and of creating a defensible hierarchy. (shrink)

ABSTRACTThis article examines accounts of the moral basis of compensatory duties that explain such duties as the continuation, in some way, of the pre-wrong normative situation. I identify, contrast, and assess three versions of this view—duty continuity, right continuity, and reasons continuity. I argue that each version is defensible, once properly articulated. The article responds to a range of objections to these views that have not received much critical attention by their proponents.

Although there is an increasing body of opinion that awards of damages for breach of contract should take account of the claimant’s performance interest, there has been little in the way of analysis of what the performance interest is. Commonly the concept is put forward as simply a reformulation or reconceptualization of the expectation interest, itself hitherto regarded as the one true contractual interest. Such thinking is flawed. A closer analysis of contract doctrine shows there to be two distinct contractual (...) interests; in receiving performance, and in being compensated for losses caused by non-performance. Receiving compensatory damages for non-performance is not the same as receiving performance. At present, this important difference is not fully appreciated, resulting in a failure to develop a principled approach to the claims that can be made following a breach of contract. Recognition of this distinction forces us to confront the fundamental question of how committed we are to the notion that contracts entail a right to performance. This article examines the distinction between these two interests, how the performance interest may be given effect by a damages award, and what the consequences of this analysis are for our understanding of the nature of contractual obligation. (shrink)

This essay examines the relationship between climate change and human rights. It argues that climate change is unjust, in part, because it jeopardizes several core rights – including the right to life, the right to food and the right to health. It then argues that adopting a human rights framework has six implications for climate policies. To give some examples, it argues that this helps us to understand the concept of “dangerous anthropogenic interference” (UNFCCC, Article 2). In (...) addition to this, it argues that if we adopt a human rights framework then any climate policies should also honour human rights, and so mitigation policies, for example, should not compromise people’s enjoyment of their human rights. A third implication, I argue, is that in addition to duties of mitigation and adaptation there will also be – if rights are violated – duties of compensation too. (shrink)

gamete donation, embryo donation, and surrogate motherhood. The OTA Report Infertility provides a range of policy choices for handling these reproductive procedures. The choice among these alternative regulations needs to be developed within the framework of the right to privacy of the U.S. Constitution, which provides support for an approach that allows the progenitors to control the uses made of their generative materials and to receive compensation for them, subject to laws which facilitate informed consent and attempt to (...) assure quality. Keywords: right to privacy, in vitro fertilization, artificial insemination, surrogate motherhood CiteULike Connotea Del.icio.us What's this? (shrink)

In this paper, I will focus on the normative structure of tort law. Only by elucidating the point or rationale of holding the wrongdoer responsible to the victim can we understand the value of having tort law instead of establishing other mechanisms of redress, such as a social insurance scheme. Ultimately, I will argue that the value of interpersonal justice, which underlies tort law, might not suffice to fully justify it in a given community. It all depends on whether victims (...) of accidents are able to vindicate their rights against wrongdoers on a regular basis. If social conditions make this unlikely, then the state might be morally required to implement other forms of compensation, either replacing tort law altogether or supplementing it with social insurance in cases where private justice mechanisms tend to fail more dramatically. (shrink)

Jeremy Waldron argues that the historical ownership rights of Aboriginal peoples can be superseded, yet acknowledges that programs of historically grounded compensation are justifiable in the absence of widespread redistribution. This article argues that existing states lack social justice programs of the requisite kind, and that they will continue to do so in the foreseeable future. Moreover, even the best-designed programs will be far more ambiguous than Waldron encourages us to recognize, given the unavoidability of inheritance-based inequalities. The article (...) argues that philosophers should pay special attention to political context when evaluating the claims of socially vulnerable populations such as Aboriginal peoples. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each (...) generation inherits a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

Anthropogenic climate change is expected to contribute to mass migration from many different regions. Heyward and Ödalen (2016) propose a tailor-made migration option for victims of total territorial loss: a Free Movement Passport for the Territorially Dispossessed (PTD). The PTD presents a significant advancement over standard proposals for individual migration in response to total territorial loss. However, I argue that the compensatory obligations of states are more restrictive than the PTD scheme assumes (sec. 5), and that the contents of the (...) right to compensation of the territorially dispossessed are not as far-reaching as required by it (sec. 6). In response to these difficulties, I argue that its purpose is better served by means of collective migration and propose a Passport for Territorially Dispossessed Collectives, which is also well positioned to serve as a framework for compensating a range of other climate-change related losses (sec. 9). (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)

This paper illuminates a typically obscured ground for rectificatory obligations: harms justified as ‘lesser evils.’ Lesser-evil harms are not the result of overall morally prohibited acts but of acts permissibly carried out to prevent significantly greater harm. The paper argues that harms caused as unintended side effects of acting on lesser-evil justifications, notably in military rescue operations, may give rise to claims to compensation, even if (1) the military acts that caused the harms in question were justified on lesser-evil (...) grounds and (2) the victims in question are no worse off as a result; they may even owe their survival to the act of rescue. The paper defends three claims. First, being better off as a result of a harmful rescue than one would otherwise have been does not preclude claims to be compensated for harms suffered as a side effect. Second, identifying the relevant counterfactual for purposes of compensatory justice is sometimes a prescriptive, rather than a descriptive, matter. Rather than relying on empirical speculations about what _would_ have happened had a harm not occurred, we must, in certain cases, consider what agents _ought_ to have done. Finally, duties of compensation need not fall on those who caused the to-be-compensated harms. That infringing rights is permissible in certain cases does not imply that no compensation is owed, but merely that it is not necessarily rights-infringers on whom duties of compensation fall. (shrink)