Jennifer Page

Drawing on the work of Charles W. Mills and considering the case of reparations to Black Americans, this article defends the “structural turn” in the philosophical reparations scholarship. In the Black American context, the structural turn highlights the structural and institutional operations of a White supremacist political system and a long chronology of state-sponsored injustice, as opposed to enslavement as a standalone historical episode. Here, the question whether distributive justice is more appropriate than reparative justice is particularly pressing, since structural racial inequalities form part of the basis for reparations. Derrick Darby’s pragmatic argument for non-race-specific redistributive policies and Tommie Shelby’s principled defense of distributive justice are both considered, as well as the challenge to the structural turn that comes from Carlton Waterhouse’s argument for reparations for enslavement rather than “legacy of slavery” reparations.

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (2) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system.

In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and policing regime in terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing, pervasive structural inequality, and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition.

Alasia Nuti’s important recent book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, makes many persuasive interventions. Nuti shows how structural injustice theory is enriched by being explicitly historical; in theorizing historical-structural injustice, she lays bare the mechanisms of how the injustices of history reproduce themselves. For Nuti, historical-structural patterns are not only shaped by habitual behaviors that are or appear to be morally permissible, but also by individual wrongdoing and wrongdoing by powerful group agents like states. In this article, I extend Nuti’s rich analysis, focusing on two questions that arise from her theory of historical-structural injustice: Beyond being blameworthy for wrongful acts themselves, are culpable wrongdoers blameworthy for contributing to structural injustice? Does historical moral ignorance mitigate moral responsibility for past injustice? Regarding, I distinguish between the local and societal structural effects of wrongdoing. Though I think this distinction is well-founded, it ultimately leads to tensions with structural injustice theory’s idea of ordinary individuals being blameless for reproducing unjust structures. Regarding, I argue that even though it is natural for the question of historical moral ignorance to arise in considering past wrongdoing, at least in the case of powerful group agents, we should not overlook forms of cruelty which present-day moral concepts are not needed to condemn.

Seunghyun Song’s recent article on epistemic repair for Japan’s military sex slavery lays out the case for considering acknowledgment as a form of reparative justice particularly suited to redressing epistemic wrongs. I agree with Song, but press her on the relationship between epistemic repair and reparative justice more generally. I also outline other forms that backward-looking epistemic responsibility might take. Distinguishing between revisionism and denialism, I ask: Should individual agents who’ve publicly made denialist statements about Japan’s military sex slavery be criminally liable? Should their revisionist counterparts be subject to the kind of social sanctions that are associated with present-day cancel culture?

After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process.

In analytic political philosophy, it is common to view state-sponsored injustice as the work of a corporate agent. But as I argue, structural injustice theory provides grounds for reassessing the agential approach, producing new insights into state-sponsored injustice. Using the case of eugenic sterilization in the United States, this article proposes a structurally-sensitive conception of state-sponsored injustice with six components: authorization, protection, systemization, execution, enablement, and norm- and belief-influence. Iris Marion Young’s models of responsibility for agential and structural injustice, and the place of state-sponsored injustice with respect to these models, are also discussed.

We identify the ethics of reparations policies as its own distinct field of inquiry, and consider several neglected ethical issues that arise in the process of devising reparations programmes. The problem of political instrumentalization has to do with the fact that reparations can be a way for the governments to bolster their legitimacy rather than achieve justice. The problem of exclusion refers to individuals with seemingly valid claims being turned away. Finally, the problem of inclusion has to do with including would-be claimants who are not mobilized in making a reparations demand, as well as with reconciling competing reparations demands.

There are many commonalities between the goals of transitional justice and domestic redress movements. We look at the movement for reparations for enslavement and Jim Crow in the United States as an example of a domestic reparations movement, and argue for the usefulness of the concept of transitional justice. We are particularly interested in showing that a future democratic transition – the end of mass incarceration – could animate a renewed push for reparations and a formal investigation into America’s legacy of racial injustice.

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality as potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case.