Repairing Reparative Justice

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Doctor of Philosophy (PhD)
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Philosophy
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Philosophy
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2022
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Fryer, Daniel
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Abstract

Reparation is not central to debates about justice. In this dissertation, I present reasons why that ought to change. First, I set out to examine the point of reparation. Rejecting arguments that claim reparation is about compensation, supplementing distributive justice, and reconciliation, I argue that the point of reparation is to repair unjust social relations that have been created by past wrongdoing. Next, I address common objections about why present-day claims for reparation are invalid for many historical wrongs. These objections often set out to show that claims for repair should be rejected when the wrong is too far detached from current claims for reparation. However, once we take a closer look it becomes clear that the historical wrong is connected to present day inequalities. But this doesn’t mean, as some claim, that reparation is entirely forward-looking. I show that backwards-looking claims play a justificatory role in our actions and alter what counts as present-day injustice. This latter point becomes clearer when I, subsequently, discuss whether John Rawls’s framework can accommodate reparative justice. Charles Mills argued that a radical reconstruction of Rawls’s framework is required to incorporate reparative measures. I argue that the key to understanding how reparation should be applied in a Rawlsian framework is working out the details of the four-stage sequence. Once we understand the role of the sequence is to determine the application of the principles of justice, and how Rawls intended that to play out, it seems clear that there is space in his theory to incorporate reparative measures as it currently stands. However, because scholars seem to underestimate the role of historical knowledge when we work out the content of our principles of justice, they have not generated a helpful discussion of how Rawls’s principles ought to be applied when seeking to repair past injustices. Repairing reparative justice would lead to substantive changes in how we alter our institutions to meet the various demands of justice. The final part of this dissertation focuses on repairing one area: the criminal justice system.

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Allen, Anita, L.
Freeman, Samuel
Date of degree
2022
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