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Calls for redress of historical wrongs regularly make headlines
around the world. People dispute the degree to which justice should
be concerned with righting past wrongs, with some arguing that
justice should be primarily focused on claims arising from present
disadvantage. Proponents and sceptics of restitution, compensation,
and other forms of historical redress have engaged with the thesis
that historical injustice can be superseded, the idea that changing
circumstances following historical injustices can alter what
justice later requires. The "supersession thesis," developed by
legal and political philosopher Jeremy Waldron, has been
challenged, both conceptually and in terms of its possible
application and implications. This is the first book to critically
assess how the supersession thesis might be reconstructed,
challenged, or applied to empirical cases, with an eye toward
larger questions surrounding the temporal orientation of justice.
Cases examined include Indigenous peoples, linguistic injustice,
and climate change. The edited volume includes contributions by
established and junior scholars from philosophy, law, American
Indian Studies, and political science, who draw from Indigenous
thought, settler colonial theory, liberalism, theories of
historical entitlements, and structural injustice theories. It
concludes with a reply by Jeremy Waldron. The chapters in this book
were originally published as a special issue of Critical Review of
International Social and Political Philosophy.
The essays selected for this volume show how relations between
past, current and future generations have become a major subject of
philosophical research since the 1970s. The relations between
people alive today with people who may exist in the future and
people now deceased, differ from relations between contemporaries
and in ways that raise new conceptual, logical and substantive
questions. Among the questions addressed in this volume are: what
is the status of people now deceased and people who may exist in
the future? Can the latter be harmed by the actions of people alive
today? What duties of justice do we have towards people with whom
we can neither interact nor co-operate, and can people who are
indirect victims of past injustices legitimately claim
compensation? Answers to these questions are relevant in a number
of policy areas, most notably in issues regarding reparations for
historical injustice and responding to climate change and its
consequences.
This volume investigates who can be considered responsible for
historical emissions and their consequences, and how and why this
should matter for the design of a just global climate policy. The
authors discuss the underlying philosophical issues of
responsibility for historical emissions, the unjust enrichment of
the earlier developed nations, and questions of transitional
justice. By bringing together a plurality of perspectives, both in
terms of the theoretical understanding of the issues and the
political perspectives on the problem, the book also presents the
remaining disagreements and controversies in the debate. Providing
a systematic introduction to the debate on historical emissions and
climate change, this book provides an unbiased and authoritative
guide for advanced students, researchers and policymakers in
climate change justice and governance, and more widely, for anyone
interested in the broader issues of global justice.
Do states or individuals stand under duties of international
justice to people who live elsewhere and to other states? How are
we to assess the legitimacy of international institutions such as
the International Monetary Fund and the United Nations Security
Council? Should we support reforms of international institutions
and how should we go about assessing alternative proposals of such
reforms? The book brings together leading scholars of public
international law, jurisprudence and international relations,
political philosophers and political theorists to explore the
central notions of international legitimacy and global justice. The
essays examine how these notions are related and how understanding
the relationships will help us comparatively assess the validity of
proposals for the reform of international institutions and public
international law.
The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.
Is it fair to leave the next generation a public debt? Is it
defensible to impose legal rules on them through constitutional
constraints? From combating climate change to ensuring proper
funding for future pensions, concerns about ethics between
generations are everywhere. In this volume sixteen philosophers
explore intergenerational justice. Part One examines the ways in
which various theories of justice look at the matter. These include
libertarian, Rawlsian, sufficientarian, contractarian,
communitarian, Marxian and reciprocity-based approaches. In Part
Two, the authors look more specifically at issues relevant to each
of these theories, such as motivation to act fairly towards future
generations, the population dimension, the formation of preferences
through education and how they impact on our intergenerational
obligations, and whether it is fair to rely on constitutional
devices.
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