Roberts, Rodney C.. The Counterfactual Conception of Compensation
2006, Metaphilosophy, 37 (3-4): 414-428.
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Added by: Rochelle DuFord
Abstract: My aim in this essay is to remove some of the rubbish that lies in the way of an appropriate understanding of rectificatory compensation, by arguing for the rejection of the counterfactual conception of compensation. Although there is a significant extent to which contemporary theorists have relied upon this idea, the counterfactual conception of compensation is merely a popular assumption, having no positive argument in support of it. Moreover, it can make rendering compensation impossible, and absurd notions of compensation can result from its use, results that may themselves constitute injustices. This latter difficulty is most troubling when the CCC is employed in large compensatory cases like the case of rectificatory compensation for the descendants of American slaves. I want to suggest that, taken together, the difficulties with the CCC yield sufficient reason for rejecting it as an acceptable rectificatory notion.Roberts, Rodney C.. The American Value of Fear and the Indefinite Detention of Terrorist Suspects2007, Public Affairs Quarterly, 21 (4): 405-419.-
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Added by: Rochelle DuFord
Summary: This paper develops the claim that indefinite detention (as used by the U.S. following the attacks on September 11, 2001) is justfied by an appeal to racialized fear. Roberts argues that the indefinite detention of suspected terrorists is both immoral and unjust--claiming that arguments in favor of it (such as the interest in interrogation, the consequentialist justification, and the preventative detention argument) fail to ground the permissibility of indefinite detention.Comment: This text would be of use in a course discussing the ethics of war, criminal justice ethics, or the idea of terrorism. It presents a clear discussion, in an accessible way, of a number of arguments in favor of indefinite detention, ultimately arguing that such defenses are insufficient to ground its moral permissibility.
Shelby, Tommie. Justice, Deviance, and the Dark Ghetto2007, Philosophy & Public Affairs 35(2): 126-160.-
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Added by: Helen Morley
Introduction: The problems I will focus on lie in the domain of the theory of justice. Specifically, my concern is to determine what kinds of criticisms of the ghetto poor’s behavior and attitudes are or are not appropriate given that the social circumstances under which they make their life choices are, at least in part, the result of injustice. If the overall social arrangement in which the ghetto poor live is unjust, this requires that we think about what their obligations are quite differently than we should if the society were judged to be just. In particular, I will argue that it is necessary to distinguish the civic obligations citizens have to each other from the natural duties all persons have as moral agents, both of which are affected, though in different ways, by the justness of social arrangements. In addition, among the natural duties all persons possess is the duty to uphold, and to assist in bringing about, just institutions, a political duty that has important, though generally overlooked, consequences for the debate about ghetto poverty.Comment: Focuses on the moral obligations of subject to systemic and long term injustice, using a Rawlsian framework. Enhances a discussion of justice by considering the implications of justice on those treated unjustly.
Stark, Cynthia A.. Hypothetical Consent and Justification2000, Journal of Philosophy 97 (6): 313-334.-
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Added by: Carl Fox
Introduction: The social-contract tradition in moral and political thought can be loosely characterized as an approach to justification based on the idea of rational agreement. This tradition contains a variety of theories that are put to a number of uses. My exclusive focus here will be contract views that rely upon hypothetical, as opposed to actual, consent. My main objective is to defend hypothetical-consent theories against what I call the standard indictment: the claim that hypothetical consent cannot give rise to obligation. I begin by explaining the standard indictment in more detail; next, I argue that the standard indictment does not apply to moral, as contrasted with, political contractarianism; finally, I argue that, on a certain understanding of the relation between political legitimacy and political obligation, the standard indictment does not count against political contractarianism.Comment: Defends the significance of hypothetical consent as the standard of justification appropriate for establishing moral obligation in a broadly constructivist view. Very useful as specialised or further reading on moral and political obligation.
Gilbert, Margaret. A Theory of Political Obligation: Membership, Commitment and the Bonds of Society2008, Oxford: Oxford University Press.-
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Added by: Carl FoxPublisher’s Note:
Publisher: Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation in a special kind of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment.Comment: Some chapters in Part 1 would work very nicely as introductory reading to the problem of political obligation. As the book progresses it homes in on the theory of social groups and Gilbert's theory of political obligation as joint commitment. As such, the later chapters are more suited to specialised readings.
Mills, Charles. The Racial Contract1997, Ithaca, Cornell University Press.-
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Added by: John Baldari
Introduction: White supremacy is the unnamed political system that has made the modern world what it is today. You will not find this term in introductory, or even advanced, texts in political theory. A standard undergraduate philosophy course will start off with Plato and Aristotle, perhaps say something about Augustine, Aquinas, and Machiavelli, move on to Hobbes, Locke, Mill, and Marx, and then wind up with Rawls and Nozick. It will introduce you to notions of aristocracy, democracy, absolutism, liberalism, representative government, socialism, welfare capitalism, andlibertarianism. But though it covers more than two thousand years of Western political thought and runs the ostensible gamut of political systems, there will be no mention of the basic political system that has shaped the world for the past several hundred years. And this omission is not accidental. Rather, it reflects the fact that standard textbooks and courses have for the most part been written and designed by whites, who take their racial privilege so much for granted that they do not even see it as political, as a form of domination. Ironically, the most important political system of recent global history-the system of domination by which white people have historically ruled over and, in certain important ways, continue to rule over nonwhite people-is not seen as a political system at all. It is just taken for granted; it is the background against which other systems, which we are to see as political are highlighted. This book is an attempt to redirect your vision, to make you see what, in a sense, has been there all along.Comment: This text should be a primary early introduction to philosophy of race and critical race studies. Due to the Marxist undertones, this text would be well suited to secondary reading in a political philosophy course or module.
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Comment: This text presents an interesting and accessible discussion of the counterfactual conception of compensation (most famously presented by Nozick, though one need not have read Nozick to understand this text) as a matter of rectificatory justice. It would be of use in courses concerning schemes or principles of distributive and rectificatory justice. As the text analyzes the justification for reparations to the decendents of African slaves in the U.S., it would also be of use in a course that covers questions of reparations for historical injustices (perhaps alongside Coates' well known "The Case for Reparations").