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Supersession, Reparations, and Restitution
Author(s) -
Caleb Harrison
Publication year - 2021
Publication title -
journal of ethics and social philosophy
Language(s) - English
Resource type - Journals
ISSN - 1559-3061
DOI - 10.26556/jesp.v19i2.704
Subject(s) - restitution , appropriation , unjust enrichment , law and economics , economic justice , law , political science , sociology , philosophy , epistemology
Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, this does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance.

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