The Compensation Principle (original) (raw)
Related papers
Law and Philosophy, 2008
The "non-identity argument" has been applied to reject the validity of claims for historic justice, often generating highly unintuitive conclusions. George Sher has suggested a solution to this problem, explaining the harm to descendants of historically wronged peoples as deriving not from the historic wrongs but from the failure to provide rectification to the previous generation for harm they suffered. That generation was likewise owed rectification for harm they suffered from failure to provide rectification to the generation preceding them. In this chain of injustices each failure to provide rectification to one is the source of wrongful harm to the next. Such chains form a "bridge" between the historic wrong and the harm suffered by living individuals. I call this approach the subsequent-wrong solution (SWS). I argue that bypassing the non-identity argument in this way is problematic. First, SWS cannot justify rectification in seemingly legitimate historic-justice claims, such as historic wrongs generating delayed harms that skip generations. Second, SWS justifies rectification for the wrong reasons, denying the essence of historic-justice claims: that past wrongs, for which original wrongdoers are responsible, harm descendants of original victims. Finally, SWS does not fully account for group membership's role in historic injustice, unable to distinguish between claims of descendants of historic victims and claims made by others with unrelated interests in the rectification of the previous generation. A supplementary solution is needed, focusing on the role of group harm and group membership. The plausibility of this approach, tying individual harm to group harm, derives from these three limitations of the subsequent-harm solution. I give a rudimentary account of what such a solution would look like. A LINK TO THE PAPER APPEARS BELOW UNDER "VIEW ON PAPERS.SSRN.COM
Should Institutions Prioritize Rectification over Aid?
Philosophical Quarterly, 2010
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.
Have You Benefitted from Carbon Emissions? You May Be a “Morally Objectionable Free Rider”
Environmental Ethics, 2018
Much of the climate ethics discussion centers on considerations of compensatory justice and historical accountability. However, little attention is given to supporting and defending the Beneficiary Pays Principle as a guide for policymaking. This principle states that those who have benefitted from an instance of harm have an obligation to compensate those who have been harmed. Thus, this principle implies that those benefitted by industrialization and carbon emission owe compensation to those who have been harmed by climate change. Beneficiary Pays is commonly juxtaposed with Polluter Pays Principle and the Ability to Pay Principle in the relevant literature. This paper argues that Beneficiary Pays withstands objections that raise suspicion for the latter two and defends Beneficiary Pays against some original objections.
Apology, Reparations, and the Question of Inherited Guilt
Public Affairs Quarterly, 2003
This paper looks at 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 US Congress (and the constituency it represents) does 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.
Harvard Journal of Racial and Ethnic Justice (formerly Harvard BlackLetter Law Journal,Harvard blackLetter Law Journal), 2009
Some claim slavery did not harm the descendants of slaves since, without slavery, its descendants would never have been born and a life worth living, even one including the subsequent harms of past slavery, is preferable to never having been born at all. This creates a classic puzzle known as the non-identity argument, applied to reject the validity of claims for historic justice based on harms to descendants of victims of historic wrongs: since descendants are never harmed by historic wrongs, they have no right to rectification. This conclusion is unintuitive. This article explains the nature of harm involved in historic injustice, overcoming the hurdle the non-identity argument poses to historic justice claims. Historic injustice and the harms it generates are best understood as group harms. Claims for historic justice can be grounded in harms currently living individuals suffer as a function of the harms their group or community currently suffers as a consequence of historic wrongs. One form of harm, constitutive harm, differs from the aggregative account of harm assumed by the non-identity argument and is immune to it. It is the type of harm people suffer as members of certain historically wronged groups and communities. Therefore, the constitutive harm people suffer in cases of historic injustice may serve as a basis for justifying claims for historic justice. A LINK TO THE PAPER APPEARS BELOW UNDER "VIEW ON PAPERS.SSRN.COM