结构转型与赔偿义务:受益人给付原则的再解读

IF 1.1 3区 哲学 Q3 ETHICS
Hochan Kim
{"title":"结构转型与赔偿义务:受益人给付原则的再解读","authors":"Hochan Kim","doi":"10.1111/josp.12524","DOIUrl":null,"url":null,"abstract":"<p>Unredressed injustices in national and global history raise important normative questions. These questions are highlighted by the growing chorus of voices in public and academic discourse calling for agents, especially those in the Global North, to recognize and redress the major injustices of their past, most notably colonialism, chattel slavery, and segregation.<sup>1</sup> One is the <i>justification</i> question: do (some) present-day agents have moral obligations to redress historical injustice, and if so, on what moral grounds? Another is the <i>content</i> question: assuming that reparative obligations are justified, what exactly do they obligate (some) present-day agents to do?</p><p>One prominent view in the philosophical literature responding to these questions is centered on the Beneficiary Pays Principle (BPP).<sup>2</sup> Proponents of the BPP have argued that some present-day agents have a moral obligation to redress historical injustices that they themselves did not commit because they enjoy material benefits—wealth, property, and other such resources—as a result of these injustices. Since these benefits were originally acquired unjustly, their contemporary inheritors ought to relinquish them, not just because they lack any legitimate claim to these resources, but also because by retaining these resources they are perpetuating the effects of injustice. This answers the justification question. The BPP also suggests an answer to the content question. While some present-day agents enjoy material benefits from historical injustices, others correspondingly suffer material harms.<sup>3</sup> It is thus morally legitimate to redistribute the relinquished resources of present-day beneficiaries of a historical injustice toward its present-day victims—even if that redistribution can only partially approximate the holdings that present-day victims would have enjoyed had the historical injustice never occurred.<sup>4</sup> Altogether, the BPP offers an account of one familiar approach to past wrongdoing, namely the provision of material compensation or <i>reparations</i>. Indeed, proponents of the BPP contend that the principle is appealing because it avoids many of the thorny moral and epistemic challenges against reparations for major historical injustices.<sup>5</sup></p><p>But reparations, so understood, is notably removed from a more radical approach to historical injustice proposed by some recent social movements for racial equality and postcolonial global justice. These proposals demand the egalitarian transformation of present-day social structures in order to undo the unjust social, political, and economic legacies of colonialism, slavery, segregation, and so forth.<sup>6</sup> In alignment with this vision, some philosophical accounts have argued for a <i>structural</i> approach to historical injustice: because many present-day injustices are products of major historical injustices like colonialism and slavery, a full and proper remedy to such historical injustices requires addressing present-day injustices which are their structural legacies.<sup>7</sup> The structural approach thus argues for significantly expanding the content of present-day agents' reparative obligations to include remedying various structural injustices that exist today.</p><p>The structural approach, however, faces theoretical problems regarding the justification and in turn distribution of these reparative obligations. These problems are most clearly on display in Iris Marion Young's foundational account of responsibility for structural injustice. Young argues that present-day agents have a moral obligation to address structural injustices insofar as they participate in the social structures that produce them: because our participation is what sustains the social structures that produce structural injustices, we are responsible for ensuring that these structures are more just going forward.<sup>8</sup> But this line of reasoning faces two problems as an approach to historical injustice. First, it is unable to explain how installing more just social structures today amounts to redressing <i>historical</i> injustices given that the obligation to enact such structural transformation is justified by present-day agents' participation in unjust social structures—not by a moral appeal to doing something about unredressed historical injustices.<sup>9</sup> Second, it has implausibly wide-reaching implications for <i>which</i> agents have this obligation, at least from a historical injustice-oriented perspective. On this view, effectively everyone has an obligation to address present-day structural injustices since everyone participates in some way in unjust social structures.<sup>10</sup> This obligation thus extends in equal measure to present-day descendants of both victims and perpetrators of historical injustices, for example, the descendants of both slaves and slave-owners alike. But surely the victims are the ones <i>to whom</i> redress for historical injustice is owed—not the ones who owe redress to others. If it is to avoid these problems, the structural approach needs to provide an alternative answer to the justification question.</p><p>This article develops a novel view in the historical injustice debate that aims to incorporate insights from both the reparations approach and the structural approach while avoiding their respective problems. I call this view Radical Reparations. The key innovation is a reinterpretation of the BPP and how some present-day agents can be said to benefit from major historical injustices. Unlike existing BPP-based views, Radical Reparations contends that the relevant benefits are not (just) material resources like wealth and property but (also) positions of power and privilege within contemporary social structures, structures which are the legacies of historical injustices like colonialism and slavery. Agents who receive these benefits have reparative obligations to redress those historical injustices. Since these benefits cannot be simply relinquished and redistributed, however, the content of these reparative obligations takes a different form than material redistribution in Radical Reparations: beneficiaries must transform these power-conferring and privilege-conferring social structures via enacting structural reforms. Beneficiaries thus have backward-looking reparative obligations to support and enact egalitarian structural reforms today. Radical Reparations is thus broadly aligned with the reparations approach on the justification and in turn distribution of reparative obligations among present-day agents by appealing to the BPP, but it is broadly aligned with the structural approach by specifying the content of those obligations in terms of addressing present-day structural injustices. On this hybrid view, the gap between the reparations and the structural approaches is perhaps not as wide as some have argued<sup>11</sup>: present-day beneficiaries should support structural reforms <i>because</i> they have reparative obligations to address the unjust benefits of major historical injustices. This view, I further suggest, enjoys theoretical advantages over other views that have tried to hybridize the reparation and structural approaches by appealing to the liability of corporate agents, for example, the state, for historical injustices.<sup>12</sup></p><p>The article proceeds as follows. Section 2 critically reviews the reparations approach, focusing on the BPP, and argues that the existing discussion overlooks the different kinds of moral wrongs involved in major historical injustices as well as their lasting structural legacies. Section 3 examines the structural approach and contends that despite its richer understanding of historical injustices, existing accounts lack a sufficiently backward-looking justification for the structural reforms they propose and thus face significant problems as an approach to historical injustice. Section 4 introduces Radical Reparations and argues that it can overcome these problems. Section 5 discusses two objections to Radical Reparations, one from the structural approach and the other from the reparations approach. Section 6 concludes.</p><p>Notably, this article presents a <i>conditional</i> argument, for the philosophical and empirical issues surrounding historical injustice are numerous and complex. The justification question—whether present-day agents do in fact have moral obligations to redress historical injustices—is a hotly contested issue, and I cannot review all of the counterarguments here.<sup>13</sup> Similarly, the content question—what is required to fulfill those moral obligations, assuming that they are morally justified—is in part an empirical question, one that philosophical investigation is not well-equipped to answer with due specificity, especially if structural reform is on the table. The article does not aim to offer a comprehensive answer to these questions. The more modest goal is to defend the following conditional claim: <i>if</i> the BPP is a plausible justificatory principle for assigning reparative obligations to present-day agents, and <i>if</i> major historical injustices like colonialism and slavery have had lasting structural ramifications, <i>then</i> there is a plausible view that brings together the reparations and structural approaches to historical injustice while avoiding their respective weaknesses.</p><p>Two questions form the nexus of philosophical discussions of reparations. I will refer to them as <i>Who Pays</i> and <i>Pay What</i>. Who Pays asks: which agents have moral obligations to provide reparations for historical injustices, and relatedly, which agents should be compensated? Who Pays is a difficult question to answer for historical injustices insofar as the original perpetrators are often long gone, which means the usual rationale for assigning reparative obligations (“<i>You</i> did this, so <i>you</i> better fix it!”) is inapplicable to present-day agents. Pay What asks: what exactly is the kind and amount of compensation owed for historical injustices? Pay What is a difficult question for historical injustices because popular accounts of compensation are difficult to apply to injustices that occurred long ago, for various reasons.<sup>14</sup> For reparations to be morally justified and practicable, Who Pays and Pay What (which correspond to the justification and content questions, respectively) must be answered.</p><p>Several philosophers, most prominently Daniel Butt and Robert Goodin, have proposed the BPP as an answer to both questions.<sup>15</sup> Its core thesis is that present-day individuals who enjoy the tainted material benefits of historical injustices, including unjustly acquired wealth, property, and other such resources, have reparative obligations to relinquish these resources so that these resources can be redistributed to the victims of historical injustices and their descendants. These reparative obligations are justified because present-day beneficiaries of historical injustices have no moral claim to resources that were initially acquired by unjust means; by retaining these resources, present-day beneficiaries perpetuate the unjust distributive effects of past wrongs. Redressing past wrongs thus requires that beneficiaries relinquish these tainted resources. The BPP thus offers these answers to Who Pays and Pay What: the present-day beneficiaries of historical injustices are obligated to pay for material reparations, and what they are obligated to pay is precisely the amount of material benefits that they have gained as a result of these historical injustices.</p><p>These answers invite further questions and challenges. One immediate question is how to determine who exactly has materially benefited from historical injustices and to what extent. This is no easy question for major historical injustices, the economic effects of which were highly complex. Hilary Beckles argues that the spoils of Britain's exploitation of the Caribbean fueled economic development back in Britain, tracing a ripple effect from the slave trade and sugar plantation industry in the Caribbean to major sectors of the domestic British economy, for example, ship manufacturing and metallurgy.<sup>16</sup> The growth of these sectors presumably had ripple effects of their own. Thus, by her lights, even the poorest laborer in Britain benefited to some extent from Britain's exploitation of the Caribbean. Similar points can be made about other major historical injustices like slavery. Such complex economic effects imply that determining who materially benefited from historical injustices with any exactitude is a quite difficult task in most cases. The clearest application of the BPP would seem to be limited to a narrow class of cases, namely ones where the tainted origins of specific properties or resources are well documented and subsequent transfers of those properties or resources have left a clear paper trail.<sup>17</sup></p><p>Furthermore, even assuming that the relevant present-day beneficiaries can be identified, appealing to material benefits leaves the BPP wide open to a skeptical challenge as to the broader justifiability of reparations for major historical injustices. Suppose one holds, as many philosophers do, a counterfactual view of benefits (and harms): an agent benefits (or is harmed) from an interaction with another agent whenever their level of welfare is higher (or lower) than it would have been had the interaction not occurred.<sup>18</sup> This view of benefit motivates a well-known objection to reparations, namely that major historical injustices actually <i>benefited</i> some, if not all, members of the “victimized” group, for instance by spurring economic trade and development—as a few historians have claimed about Britain's colonial legacy in India.<sup>19</sup> Reparations in such cases, some argue, are morally unjustified given that these individuals would be materially <i>worse</i> off today than they would have been had these historical injustices never happened.<sup>20</sup> Proponents of the BPP might offer various replies: these sorts of claims are based on historically and economically flawed assumptions,<sup>21</sup> the counterfactual view can be salvaged by using a morally idealized counterfactual,<sup>22</sup> the beneficiaries still ought to relinquish tainted resources for publicly beneficial ends even if some victims have materially benefited,<sup>23</sup> and so forth. Whether these replies are successful is a matter for further discussion, but the important point here is that the challenge arises because the BPP appeals to material benefits to justify reparative obligations.</p><p>Finally, there is a question about the adequacy of the BPP as a means of redressing historical injustice. The basic issue is that the value of tainted benefits today may not necessarily be equivalent to the harm that descendants of the victims suffer today. For example, a piece of dispossessed Indigenous land might have become barren and unproductive over time due to harmful environmental practices; relinquishing and returning that land, one might argue, would hardly amount to an adequate form of redress to the dispossessed people. This possibility speaks to the broader point that the actions of agents that occurred <i>after</i> the initial unjust acquisition matters for reparations.<sup>24</sup> Note that the problem can run in the other direction as well, leading to another skeptical challenge to the justifiability of reparations: it may turn out that the material benefits of some present-day agents stem largely from what they <i>did</i> with these tainted resources, rather than the resources themselves. In such cases, relinquishing those material benefits overcompensates for historical injustice; indeed, this line of reasoning calls into question the very claim that the resources of some present-day agents count as the “benefits” of historical injustice.<sup>25</sup></p><p>Given these problems, one might conclude that the BPP is not a plausible answer to historical injustice; if, as some have argued, the BPP is the best available version of the reparations approach, then perhaps reparations for major historical injustices are unjustified and impracticable. But, I want to suggest a different, more optimistic diagnosis: these problems with the BPP can be avoided by abandoning certain mistaken assumptions about the nature of historical injustice. More specifically, current accounts of the BPP proceed from an unduly narrow understanding of major historical injustices such as colonialism and slavery as (1) <i>distributive</i> wrongs that (2) lie squarely in the <i>past</i>. There are good reasons to reject both assumptions, as several philosophers who defend a structural injustice-based approach to historical injustice have argued. Understanding those reasons points the way toward a reinterpretation of the BPP that might rescue it from these particular problems.</p><p>Consider first the assumption that these historical injustices are essentially distributive in nature, such that the relevant and lingering effects of these injustices to be repaired today are distributions of resources. Given this starting point, the remedy to historical injustice inevitably takes the form of calculating the damages and benefits of each incident of past expropriation, totaling up the damages and benefits and translating them into their equivalent in present-day material holdings, and ensuring that those holdings are used to compensate the victims for the lingering damages of historical injustice. Reparations turns out to be a spreadsheet problem. Historical injustice, on this view, begins with past maldistribution and ends with present-day redistribution.</p><p>This focus on the distribution of resources ignores the many significant nondistributive dimensions of historical injustices, as emphasized in many first-hand accounts by victims of their lived experiences under colonialism and racism.<sup>26</sup> To name but a few: W.E.B. DuBois describes the Black experience of misrecognition and nonrecognition in a white dominated society as one of “double-consciousness, this sense of always looking at one's self through the eyes of others, of measuring one's soul by the tape of a world that looks on in amused contempt and pity.”<sup>27</sup> Frantz Fanon describes the alienation involved in the experience of colonialism through a story about a French child who points to him and exclaims “Look, a Negro! <i>Maman</i>, a Negro!”—the emptiness of being seen as an “object among other objects” in the world, rather than a person.<sup>28</sup> Chief Standing Bear describes the rapid decline of the Sioux culture and the ensuing cultural disorientation of his tribe in the wake of US settler-colonial expansion in the late 19th century.<sup>29</sup> Gandhi discusses what he perceives as the moral bankrupting of India by Western civilization and its promises of material wealth, a trade that comes at the cost of spiritual fulfillment.<sup>30</sup> These are not worries about distributions of resources; rather, they speak to moral values like self-respect, social standing, cultural survival and recognition, and self-determination, values that continue to significantly inform the demands and complaints of social movements for racial equality and postcolonial global justice.<sup>31</sup> Assuming that the victims of historical injustices have some authority over the relevant harms of these wrongs, one should worry that historical injustices like colonialism, slavery, and segregation cannot be adequately understood and assessed merely in distributive terms.<sup>32</sup></p><p>Consider now the assumption that major historical injustices like colonialism and slavery are straightforwardly <i>past</i> injustices—hence the fixation with the problem of calculating the correct amount of damages that they inflict-<i>ed</i>. This is a far too simplistic view of history. These injustices did not simply disappear one day, leaving behind only a skewed distribution of material resources; old wrongs persist in new forms within present-day structures and institutions which were shaped by these injustices and in some cases literally grew out of them.<sup>33</sup> Take colonialism: Kwame Nkrumah argues that the formal end of European colonialism in the 20th century only inaugurated an era of “neo-colonialism” in which former colonial powers continue to “perpetuate colonialism while at the same time talking about ‘freedom’.”<sup>34</sup> Or take slavery: Michelle Alexander emphasizes the institutional continuities from American slavery to Jim Crow to present-day mass incarceration (e.g., that some modern day police departments originated as slave patrols), comprising “a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race.”<sup>35</sup> These views invite a different understanding of major ‘historical’ injustices that urges greater recognition the various ways in which wrongs like colonialism and slavery have had lasting institutional and structural ramifications. If persistent disparities between the descendants of the victims of historical injustice and the descendants of its perpetrators originate not just in ill-gotten resources in the past but also in recurring structural injustices leading up to the present, then simply asking what reparations are owed for, say, slavery alone will miss an inevitable part of the phenomenon that ought to be redressed, even on a purely distributive view of historical injustice. In reality, Black Americans are owed compensation for a number of overlapping racial injustices including, but not limited to, the enslavement of their ancestors.<sup>36</sup></p><p>In short, due to their assumptions about the nature of major historical injustices, current applications of the BPP fail to do justice to their subject matter. The harms and benefits of major historical injustices extend beyond material distributions; moreover, the institutional and structural legacies of these injustices stretch into the present-day, meaning that it is misleading to think of them as straightforwardly past wrongs. These assumptions lead the BPP to an unduly narrow view of the content of reparative obligations for major historical injustices, namely that present-day beneficiaries ought to relinquish the tainted resources they hold due to past wrongdoing. But what else can be done to redress these historical injustices? This question brings us to an alternative vision of what redressing historical injustice requires: the structural approach.</p><p>The structural approach presents a different, more expansive vision of redress for historical injustices. On this approach, the proper response to historical injustice is not redistributing material resources but transforming contemporary unjust social structures. Beyond this basic contention, however, its proponents diverge significantly in the details. This section will critically examine the structural approach by discussing the views of its proponents: Iris Marion Young, Catherine Lu, Alasia Nuti, and Maeve McKeown.<sup>37</sup> While they offer important insights into how historical injustice can and should be redressed in ways that go beyond material redistribution (the content question), I argue that all of these views face serious problems concerning why, and in turn which, present-day agents ought to redress historical injustice in these ways (the justification question).</p><p>This section proposes a hybrid view that aims to avoid these problems with the reparations approach and the structural approach. I call this view <i>Radical Reparations</i>. Its key innovation is a reinterpretation of the BPP. Recall that the basic contention of the BPP is that present-day agents who enjoy the tainted benefits of historical injustices have reparative obligations to relinquish those benefits to compensate present-day agents who have been harmed by those injustices. Existing accounts have used the BPP to argue for the redistribution and restitution of wealth, property, and other material resources, focusing on the distributive effects of historical injustice. Notice, however, that the principle itself has a wider scope: from a moral perspective, <i>all</i> tainted benefits of historical injustices ought to be relinquished and used to repair the harms these injustices have caused.</p><p>This is an important point, for the benefits of major historical injustices are not simply material in kind. As illuminated by the structural approach, historical injustices have shaped contemporary social structures in ways that produce and reproduce unjust outcomes for certain groups. These structural injustices do not affect everyone equally: as Young puts it, structural injustices occur “when social processes put large groups of persons under systematic threat of domination or deprivation of the means to develop and exercise their capacities, at the same time that these processes enable others to dominate or to have a wide range of opportunities for developing and exercising capacities available to them.”<sup>54</sup> In other words, where there is structural injustice, some agents occupy positions of power and privilege within prevailing social structures, while other agents occupy positions that leave them vulnerable to significant harms. These positions can be specified in terms of either individuals or collectivities, depending on how the relevant unjust social structures are analyzed. In the global political economy, for instance, states are arguably the agents that occupy the relevant structural positions, as the Global North/Global South distinction implies. In contrast, in a racially unjust society like the U.S., individuals continue to occupy highly unequal structural positions in virtue of their race, as evinced by the fact that Black Americans “are worse off than whites and the average American on virtually every objective measure of well-being, including health, wealth, education, employment, criminal victimization and involvement, and political participation.”<sup>55</sup> In either case, present-day agents are differentially positioned in unjust social relations due to the structural legacies of major historical injustices.</p><p>I contend that such positions of power and privilege are a <i>structural benefit</i> of historical injustices. Calling a position of power and privilege a “benefit” for the agent who occupies it may strike some as an odd claim, especially for those accustomed to understanding benefits in terms of material resources. But upon reflection, this is a familiar notion: if my boss promotes me to a position of greater autonomy in which I can more freely pursue my own projects, then that promotion benefits me—even if the position does not come with a meaningful raise of salary. An agent can benefit from having a more favorable (because more powerful, autonomous, esteemed, etc.) position within a social structure, independently of whatever additional material resources come with that position. Adopting this conception of benefit suggests a more radical interpretation of the BPP: contemporary agents who enjoy structural benefits, that is, occupy positions of power and privilege, ought to relinquish these benefits for reparative ends. This is the central contention of Radical Reparations.</p><p>A useful way to spell out Radical Reparations is to return to the two questions that motivate the reparations approach: Who Pays (i.e., the justification question) and Pay What (i.e., the content question). Because it appeals to the BPP, Radical Reparations gives the same answer to Who Pays as any other BPP-based account: contemporary agents who have benefited from historical injustice have reparative obligations to relinquish said benefits. Pay What is more complicated. Given the nature of structural benefits, relinquishing them cannot be accomplished simply via a one-time redistribution of material resources to the descendant victims of historical injustice. Structural benefits are not material possessions that beneficiaries own and manage as private property. Rather, they are favorable social positions of power and privilege that they enjoy in light of their structural relation to others.<sup>56</sup> These positions are constituted by and embedded within social structures that confer differential power and privilege to occupying agents.<sup>57</sup> To relinquish their structural benefits, then, present-day beneficiaries would <i>have to</i> support and enact the relevant structural reforms; there is simply no other way to relinquish structural benefits.<sup>58</sup> Radical Reparations thus issues the same prescription as the structural approach, namely to address present-day structural injustices through structural reforms. But crucially, unlike the structural approach, this prescription has a backward-looking justification, namely the BPP.</p><p>Needless to say, the precise structural reforms necessary to eliminate these structural benefits is a complex empirical question. Let me discuss one illustrative case. It has been argued that despite the formal cessation of colonial rule, former colonial powers have maintained a dominant global position vis-à-vis their former colonies in the post-colonial era through various political, economic, and cultural institutions, which collectively form a system of neo-colonialism.<sup>59</sup> In its economic function, neo-colonialism describes the continued extraction of human and natural resources from former colonies by fostering relationships of unequal dependence to former colonial powers.<sup>60</sup> If that is correct, then a one-time material redistribution as a form of compensation for colonialism would be insufficient and indeed ineffective: so long as the exploitative neo-colonial relationship remains, transferring resources from the exploiter to the exploited is like adding more water to a leaking pool. Instead, the priority should be to end this exploitative relationship by reforming the relevant economic institutions, for example, the World Trade Organization and the International Monetary Fund, that disproportionately favor the interests of former colonial states in the rules of the global economy.<sup>61</sup></p><p>That is exactly the kind of proposal that Radical Reparations justifies and prescribes. For former colonial powers to provide adequate redress, they ought to bring an end to neo-colonial structures and allow former colonies to participate in the global economy under more just conditions. They have a reparative obligation to do so because their favorable global economic position is a structural legacy of colonialism, a major historical injustice that has shaped the contemporary global political economy. To relinquish that structural benefit, therefore, they must reform the structures and institutions that create and maintain their favorable position. To be sure, this is easier said than done. How to successfully motivate and carry out such significant structural reforms with minimal transitional costs is an important, complex, and largely empirical question. But the important point is that the BPP, suitably interpreted, supports that sort of structural transformation <i>as</i> a form of reparations.</p><p>Let me now explain how Radical Reparations avoid the problems that we saw with the reparations and the structural approaches. Recall that the reparations approach faced three challenges: (1) how to determine the present-day beneficiaries of historical injustice, (2) how to respond to the possibility that descendants of victims have materially benefited overall from historical injustices, and (3) how to respond to the possibility that the supposed ‘benefits’ of historical injustice owe more to the talents and choices of innocent individuals after the initial unjust acquisition of resources. Radical Reparations has an answer to each of these challenges.</p><p>Regarding (1), we have seen that pinpointing present-day beneficiaries and victims can be quite challenging because material benefits and harms had complex ripple effects on many agents throughout an economic system. Such effects imply that there is great uncertainty about who benefited from a historical injustice and to what extent (and, moreover, whether those benefits can truly be attributed to past wrongs). Radical Reparations avoids this problem entirely because it appeals to the structural, not material, benefits of historical injustice: the distribution of power and privilege between different social groups over time. Historical continuities in positions of power and privilege are more easily discernible: it is much more difficult to deny that group-based structural inequalities originating in historical injustices persist today than to deny that <i>this</i> individual enjoys more material resources today because their ancestor wronged <i>that</i> individual.<sup>62</sup> For instance, empirical studies routinely uncover systematic inequalities between racial groups in the United States ranging from infant mortality rates to incarceration to higher education attainment, inequalities that have demonstrably persisted over time.<sup>63</sup></p><p>These considerations also provide an answer to (2): even if the descendants of victims of historical injustices did in fact materially benefit from these wrongs, that claim does not undermine the fact that some present-day agents have reparative obligations to those groups. In Radical Reparations, the moral grounds of providing redress for historical injustices is not based in calculations of material benefits and harms but rather on the existence of unequal structural positions that benefit some agents while disadvantaging others. To be sure, structural injustices have material implications, but the relevant concern on this view is not the material distributive effects of unjust social structures but rather the structures themselves, more importantly, the inequalities of power and privilege between the agents within these structures.<sup>64</sup> Whether former colonies materially benefited from colonialism is thus besides the question if, as many have argued, it is true that these countries remain in disadvantaged positions in the global basic structure.</p><p>Finally, that the benefits of historical injustice owe more to the talents and choices of innocent individuals following the initial unjust acquisition is a coherent challenge only under the assumption that the relevant benefits are material in kind. When the focus is shifted to the structural benefits attached to structural positions like being white or being a Global North citizen, this challenge lacks plausibility. Individual agents who occupy such structural positions cannot plausibly be said to have created these positions themselves. These positions depend on a backdrop of particular laws, international treaties and agreements, cultural norms, forms of economic exchange, and other structural conditions that individual agents do not control, let alone create. The privileges of being a white individual in a racially unjust society, for example, are not an outcome of that individual's talents and efforts; rather, these privileges are attached to their position in the racial structure of the United States, a structure that has been deeply shaped by historical injustices like slavery and segregation. Such an individual, therefore, cannot be credited for the structural benefits they have received due to their structural position.</p><p>Turning now to the structural approach, two main problems needed attention: (1) how to justify the obligation to enact structural reforms in a way that explains why such reforms fulfill the backward-looking project of redressing historical injustice, and (2) how to distribute reparative obligations without eliding the distinction between the individuals to whom reparations are owed and the individuals who owe reparations. Radical Reparations has an answer to both problems.</p><p>Regarding (1), Radical Reparations has a straightforward answer: enacting structural reforms today constitutes backward-looking redress because such reforms serve to undo the unjust legacies left behind by major historical injustices, in particular the structural benefits that some agents enjoy as a result of historical injustices. This is no different from the underlying logic of providing material reparations, namely that the point of redistributing material resources from present-day beneficiaries to victims is precisely to eliminate the unjust distributive effects of past wrongs. Radical Reparations shares that basic framework but targets a different set of unjust effects, namely, the ongoing structural effects of historical injustices. Note that this answer is available to Radical Reparations because it justifies reparative obligations through the BPP, which is inherently a backward-looking principle: it says that some present-day agents have reparative obligations because the benefits they enjoy today stem from past wrongs and thus need to be redressed.</p><p>Regarding (2), unlike the structural approach, Radical Reparations does not say that contemporary agents have reparative obligations in virtue of their social connection or civic affiliation, justifications that led to counterintuitive results. Only the present-day agents who are <i>beneficiaries</i> of historical injustices have reparative obligations due to their possession of structural benefits. Radical Reparations thus preserves the intuitive thought that reparations are owed <i>to</i> certain agents <i>from</i> other agents in light of continuing patterns of benefit and harm—as opposed to the structural approach in which enacting structural reforms is the shared responsibility of all agents given their mutual participation in unjust social structures or their membership in a structurally indebted corporate agent.</p><p>Before turning to objections, let me make two clarifications about Radical Reparations. First, the view is meant to apply only to a particular type of historical injustice, namely those that have had a significant and lasting impact on our social structures and institutions, that is, Nuti's concept of historical–structural injustices. I have offered some reasons to believe that major historical injustices like colonialism and slavery meet this criterion, though that claim needs further support than what I can give here. Second, Radical Reparations does not claim that present-day beneficiaries are the <i>only</i> agents who have a moral obligation to support and enact structural reforms. As proponents of the structural approach have argued, there may be forward-looking reasons why all contemporary agents, not just those who enjoy structural benefits, have a responsibility to address the unjust social structures that produce injustice. Radical Reparations simply argues that in our current social arrangements, some agents have specifically <i>reparative</i> obligations to address the structural legacies of historical injustices given their enjoyment of structural benefits. There can be multiple reasons for why a present-day agent should support structural reforms; Radical Reparations merely contends that a distinctive and backward-looking reason applies to present-day structural beneficiaries of historical injustices. For those agents, structural transformation is as much a backward-looking reparative project as it is a forward-looking transformative project.</p><p>As one might expect, Radical Reparations faces objections from both the reparations approach and the structural approach. This section addresses what I take to be the most serious objection from each.</p><p>I have argued that Radical Reparations offers a more plausible set of answers to the justification and content questions in the historical injustice debate. On this view, present-day agents who enjoy structural benefits from major historical injustices like slavery and colonialism have reparative obligations to support and enact structural reforms in order to address the unjust structural legacies of these historical injustices.</p><p>The authors declare no conflicts of interest</p>","PeriodicalId":46756,"journal":{"name":"Journal of Social Philosophy","volume":"55 4","pages":"688-708"},"PeriodicalIF":1.1000,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/josp.12524","citationCount":"0","resultStr":"{\"title\":\"Structural transformation and reparative obligation: Reinterpreting the beneficiary pays principle\",\"authors\":\"Hochan Kim\",\"doi\":\"10.1111/josp.12524\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>Unredressed injustices in national and global history raise important normative questions. These questions are highlighted by the growing chorus of voices in public and academic discourse calling for agents, especially those in the Global North, to recognize and redress the major injustices of their past, most notably colonialism, chattel slavery, and segregation.<sup>1</sup> One is the <i>justification</i> question: do (some) present-day agents have moral obligations to redress historical injustice, and if so, on what moral grounds? Another is the <i>content</i> question: assuming that reparative obligations are justified, what exactly do they obligate (some) present-day agents to do?</p><p>One prominent view in the philosophical literature responding to these questions is centered on the Beneficiary Pays Principle (BPP).<sup>2</sup> Proponents of the BPP have argued that some present-day agents have a moral obligation to redress historical injustices that they themselves did not commit because they enjoy material benefits—wealth, property, and other such resources—as a result of these injustices. Since these benefits were originally acquired unjustly, their contemporary inheritors ought to relinquish them, not just because they lack any legitimate claim to these resources, but also because by retaining these resources they are perpetuating the effects of injustice. This answers the justification question. The BPP also suggests an answer to the content question. While some present-day agents enjoy material benefits from historical injustices, others correspondingly suffer material harms.<sup>3</sup> It is thus morally legitimate to redistribute the relinquished resources of present-day beneficiaries of a historical injustice toward its present-day victims—even if that redistribution can only partially approximate the holdings that present-day victims would have enjoyed had the historical injustice never occurred.<sup>4</sup> Altogether, the BPP offers an account of one familiar approach to past wrongdoing, namely the provision of material compensation or <i>reparations</i>. Indeed, proponents of the BPP contend that the principle is appealing because it avoids many of the thorny moral and epistemic challenges against reparations for major historical injustices.<sup>5</sup></p><p>But reparations, so understood, is notably removed from a more radical approach to historical injustice proposed by some recent social movements for racial equality and postcolonial global justice. These proposals demand the egalitarian transformation of present-day social structures in order to undo the unjust social, political, and economic legacies of colonialism, slavery, segregation, and so forth.<sup>6</sup> In alignment with this vision, some philosophical accounts have argued for a <i>structural</i> approach to historical injustice: because many present-day injustices are products of major historical injustices like colonialism and slavery, a full and proper remedy to such historical injustices requires addressing present-day injustices which are their structural legacies.<sup>7</sup> The structural approach thus argues for significantly expanding the content of present-day agents' reparative obligations to include remedying various structural injustices that exist today.</p><p>The structural approach, however, faces theoretical problems regarding the justification and in turn distribution of these reparative obligations. These problems are most clearly on display in Iris Marion Young's foundational account of responsibility for structural injustice. Young argues that present-day agents have a moral obligation to address structural injustices insofar as they participate in the social structures that produce them: because our participation is what sustains the social structures that produce structural injustices, we are responsible for ensuring that these structures are more just going forward.<sup>8</sup> But this line of reasoning faces two problems as an approach to historical injustice. First, it is unable to explain how installing more just social structures today amounts to redressing <i>historical</i> injustices given that the obligation to enact such structural transformation is justified by present-day agents' participation in unjust social structures—not by a moral appeal to doing something about unredressed historical injustices.<sup>9</sup> Second, it has implausibly wide-reaching implications for <i>which</i> agents have this obligation, at least from a historical injustice-oriented perspective. On this view, effectively everyone has an obligation to address present-day structural injustices since everyone participates in some way in unjust social structures.<sup>10</sup> This obligation thus extends in equal measure to present-day descendants of both victims and perpetrators of historical injustices, for example, the descendants of both slaves and slave-owners alike. But surely the victims are the ones <i>to whom</i> redress for historical injustice is owed—not the ones who owe redress to others. If it is to avoid these problems, the structural approach needs to provide an alternative answer to the justification question.</p><p>This article develops a novel view in the historical injustice debate that aims to incorporate insights from both the reparations approach and the structural approach while avoiding their respective problems. I call this view Radical Reparations. The key innovation is a reinterpretation of the BPP and how some present-day agents can be said to benefit from major historical injustices. Unlike existing BPP-based views, Radical Reparations contends that the relevant benefits are not (just) material resources like wealth and property but (also) positions of power and privilege within contemporary social structures, structures which are the legacies of historical injustices like colonialism and slavery. Agents who receive these benefits have reparative obligations to redress those historical injustices. Since these benefits cannot be simply relinquished and redistributed, however, the content of these reparative obligations takes a different form than material redistribution in Radical Reparations: beneficiaries must transform these power-conferring and privilege-conferring social structures via enacting structural reforms. Beneficiaries thus have backward-looking reparative obligations to support and enact egalitarian structural reforms today. Radical Reparations is thus broadly aligned with the reparations approach on the justification and in turn distribution of reparative obligations among present-day agents by appealing to the BPP, but it is broadly aligned with the structural approach by specifying the content of those obligations in terms of addressing present-day structural injustices. On this hybrid view, the gap between the reparations and the structural approaches is perhaps not as wide as some have argued<sup>11</sup>: present-day beneficiaries should support structural reforms <i>because</i> they have reparative obligations to address the unjust benefits of major historical injustices. This view, I further suggest, enjoys theoretical advantages over other views that have tried to hybridize the reparation and structural approaches by appealing to the liability of corporate agents, for example, the state, for historical injustices.<sup>12</sup></p><p>The article proceeds as follows. Section 2 critically reviews the reparations approach, focusing on the BPP, and argues that the existing discussion overlooks the different kinds of moral wrongs involved in major historical injustices as well as their lasting structural legacies. Section 3 examines the structural approach and contends that despite its richer understanding of historical injustices, existing accounts lack a sufficiently backward-looking justification for the structural reforms they propose and thus face significant problems as an approach to historical injustice. Section 4 introduces Radical Reparations and argues that it can overcome these problems. Section 5 discusses two objections to Radical Reparations, one from the structural approach and the other from the reparations approach. Section 6 concludes.</p><p>Notably, this article presents a <i>conditional</i> argument, for the philosophical and empirical issues surrounding historical injustice are numerous and complex. The justification question—whether present-day agents do in fact have moral obligations to redress historical injustices—is a hotly contested issue, and I cannot review all of the counterarguments here.<sup>13</sup> Similarly, the content question—what is required to fulfill those moral obligations, assuming that they are morally justified—is in part an empirical question, one that philosophical investigation is not well-equipped to answer with due specificity, especially if structural reform is on the table. The article does not aim to offer a comprehensive answer to these questions. The more modest goal is to defend the following conditional claim: <i>if</i> the BPP is a plausible justificatory principle for assigning reparative obligations to present-day agents, and <i>if</i> major historical injustices like colonialism and slavery have had lasting structural ramifications, <i>then</i> there is a plausible view that brings together the reparations and structural approaches to historical injustice while avoiding their respective weaknesses.</p><p>Two questions form the nexus of philosophical discussions of reparations. I will refer to them as <i>Who Pays</i> and <i>Pay What</i>. Who Pays asks: which agents have moral obligations to provide reparations for historical injustices, and relatedly, which agents should be compensated? Who Pays is a difficult question to answer for historical injustices insofar as the original perpetrators are often long gone, which means the usual rationale for assigning reparative obligations (“<i>You</i> did this, so <i>you</i> better fix it!”) is inapplicable to present-day agents. Pay What asks: what exactly is the kind and amount of compensation owed for historical injustices? Pay What is a difficult question for historical injustices because popular accounts of compensation are difficult to apply to injustices that occurred long ago, for various reasons.<sup>14</sup> For reparations to be morally justified and practicable, Who Pays and Pay What (which correspond to the justification and content questions, respectively) must be answered.</p><p>Several philosophers, most prominently Daniel Butt and Robert Goodin, have proposed the BPP as an answer to both questions.<sup>15</sup> Its core thesis is that present-day individuals who enjoy the tainted material benefits of historical injustices, including unjustly acquired wealth, property, and other such resources, have reparative obligations to relinquish these resources so that these resources can be redistributed to the victims of historical injustices and their descendants. These reparative obligations are justified because present-day beneficiaries of historical injustices have no moral claim to resources that were initially acquired by unjust means; by retaining these resources, present-day beneficiaries perpetuate the unjust distributive effects of past wrongs. Redressing past wrongs thus requires that beneficiaries relinquish these tainted resources. The BPP thus offers these answers to Who Pays and Pay What: the present-day beneficiaries of historical injustices are obligated to pay for material reparations, and what they are obligated to pay is precisely the amount of material benefits that they have gained as a result of these historical injustices.</p><p>These answers invite further questions and challenges. One immediate question is how to determine who exactly has materially benefited from historical injustices and to what extent. This is no easy question for major historical injustices, the economic effects of which were highly complex. Hilary Beckles argues that the spoils of Britain's exploitation of the Caribbean fueled economic development back in Britain, tracing a ripple effect from the slave trade and sugar plantation industry in the Caribbean to major sectors of the domestic British economy, for example, ship manufacturing and metallurgy.<sup>16</sup> The growth of these sectors presumably had ripple effects of their own. Thus, by her lights, even the poorest laborer in Britain benefited to some extent from Britain's exploitation of the Caribbean. Similar points can be made about other major historical injustices like slavery. Such complex economic effects imply that determining who materially benefited from historical injustices with any exactitude is a quite difficult task in most cases. The clearest application of the BPP would seem to be limited to a narrow class of cases, namely ones where the tainted origins of specific properties or resources are well documented and subsequent transfers of those properties or resources have left a clear paper trail.<sup>17</sup></p><p>Furthermore, even assuming that the relevant present-day beneficiaries can be identified, appealing to material benefits leaves the BPP wide open to a skeptical challenge as to the broader justifiability of reparations for major historical injustices. Suppose one holds, as many philosophers do, a counterfactual view of benefits (and harms): an agent benefits (or is harmed) from an interaction with another agent whenever their level of welfare is higher (or lower) than it would have been had the interaction not occurred.<sup>18</sup> This view of benefit motivates a well-known objection to reparations, namely that major historical injustices actually <i>benefited</i> some, if not all, members of the “victimized” group, for instance by spurring economic trade and development—as a few historians have claimed about Britain's colonial legacy in India.<sup>19</sup> Reparations in such cases, some argue, are morally unjustified given that these individuals would be materially <i>worse</i> off today than they would have been had these historical injustices never happened.<sup>20</sup> Proponents of the BPP might offer various replies: these sorts of claims are based on historically and economically flawed assumptions,<sup>21</sup> the counterfactual view can be salvaged by using a morally idealized counterfactual,<sup>22</sup> the beneficiaries still ought to relinquish tainted resources for publicly beneficial ends even if some victims have materially benefited,<sup>23</sup> and so forth. Whether these replies are successful is a matter for further discussion, but the important point here is that the challenge arises because the BPP appeals to material benefits to justify reparative obligations.</p><p>Finally, there is a question about the adequacy of the BPP as a means of redressing historical injustice. The basic issue is that the value of tainted benefits today may not necessarily be equivalent to the harm that descendants of the victims suffer today. For example, a piece of dispossessed Indigenous land might have become barren and unproductive over time due to harmful environmental practices; relinquishing and returning that land, one might argue, would hardly amount to an adequate form of redress to the dispossessed people. This possibility speaks to the broader point that the actions of agents that occurred <i>after</i> the initial unjust acquisition matters for reparations.<sup>24</sup> Note that the problem can run in the other direction as well, leading to another skeptical challenge to the justifiability of reparations: it may turn out that the material benefits of some present-day agents stem largely from what they <i>did</i> with these tainted resources, rather than the resources themselves. In such cases, relinquishing those material benefits overcompensates for historical injustice; indeed, this line of reasoning calls into question the very claim that the resources of some present-day agents count as the “benefits” of historical injustice.<sup>25</sup></p><p>Given these problems, one might conclude that the BPP is not a plausible answer to historical injustice; if, as some have argued, the BPP is the best available version of the reparations approach, then perhaps reparations for major historical injustices are unjustified and impracticable. But, I want to suggest a different, more optimistic diagnosis: these problems with the BPP can be avoided by abandoning certain mistaken assumptions about the nature of historical injustice. More specifically, current accounts of the BPP proceed from an unduly narrow understanding of major historical injustices such as colonialism and slavery as (1) <i>distributive</i> wrongs that (2) lie squarely in the <i>past</i>. There are good reasons to reject both assumptions, as several philosophers who defend a structural injustice-based approach to historical injustice have argued. Understanding those reasons points the way toward a reinterpretation of the BPP that might rescue it from these particular problems.</p><p>Consider first the assumption that these historical injustices are essentially distributive in nature, such that the relevant and lingering effects of these injustices to be repaired today are distributions of resources. Given this starting point, the remedy to historical injustice inevitably takes the form of calculating the damages and benefits of each incident of past expropriation, totaling up the damages and benefits and translating them into their equivalent in present-day material holdings, and ensuring that those holdings are used to compensate the victims for the lingering damages of historical injustice. Reparations turns out to be a spreadsheet problem. Historical injustice, on this view, begins with past maldistribution and ends with present-day redistribution.</p><p>This focus on the distribution of resources ignores the many significant nondistributive dimensions of historical injustices, as emphasized in many first-hand accounts by victims of their lived experiences under colonialism and racism.<sup>26</sup> To name but a few: W.E.B. DuBois describes the Black experience of misrecognition and nonrecognition in a white dominated society as one of “double-consciousness, this sense of always looking at one's self through the eyes of others, of measuring one's soul by the tape of a world that looks on in amused contempt and pity.”<sup>27</sup> Frantz Fanon describes the alienation involved in the experience of colonialism through a story about a French child who points to him and exclaims “Look, a Negro! <i>Maman</i>, a Negro!”—the emptiness of being seen as an “object among other objects” in the world, rather than a person.<sup>28</sup> Chief Standing Bear describes the rapid decline of the Sioux culture and the ensuing cultural disorientation of his tribe in the wake of US settler-colonial expansion in the late 19th century.<sup>29</sup> Gandhi discusses what he perceives as the moral bankrupting of India by Western civilization and its promises of material wealth, a trade that comes at the cost of spiritual fulfillment.<sup>30</sup> These are not worries about distributions of resources; rather, they speak to moral values like self-respect, social standing, cultural survival and recognition, and self-determination, values that continue to significantly inform the demands and complaints of social movements for racial equality and postcolonial global justice.<sup>31</sup> Assuming that the victims of historical injustices have some authority over the relevant harms of these wrongs, one should worry that historical injustices like colonialism, slavery, and segregation cannot be adequately understood and assessed merely in distributive terms.<sup>32</sup></p><p>Consider now the assumption that major historical injustices like colonialism and slavery are straightforwardly <i>past</i> injustices—hence the fixation with the problem of calculating the correct amount of damages that they inflict-<i>ed</i>. This is a far too simplistic view of history. These injustices did not simply disappear one day, leaving behind only a skewed distribution of material resources; old wrongs persist in new forms within present-day structures and institutions which were shaped by these injustices and in some cases literally grew out of them.<sup>33</sup> Take colonialism: Kwame Nkrumah argues that the formal end of European colonialism in the 20th century only inaugurated an era of “neo-colonialism” in which former colonial powers continue to “perpetuate colonialism while at the same time talking about ‘freedom’.”<sup>34</sup> Or take slavery: Michelle Alexander emphasizes the institutional continuities from American slavery to Jim Crow to present-day mass incarceration (e.g., that some modern day police departments originated as slave patrols), comprising “a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race.”<sup>35</sup> These views invite a different understanding of major ‘historical’ injustices that urges greater recognition the various ways in which wrongs like colonialism and slavery have had lasting institutional and structural ramifications. If persistent disparities between the descendants of the victims of historical injustice and the descendants of its perpetrators originate not just in ill-gotten resources in the past but also in recurring structural injustices leading up to the present, then simply asking what reparations are owed for, say, slavery alone will miss an inevitable part of the phenomenon that ought to be redressed, even on a purely distributive view of historical injustice. In reality, Black Americans are owed compensation for a number of overlapping racial injustices including, but not limited to, the enslavement of their ancestors.<sup>36</sup></p><p>In short, due to their assumptions about the nature of major historical injustices, current applications of the BPP fail to do justice to their subject matter. The harms and benefits of major historical injustices extend beyond material distributions; moreover, the institutional and structural legacies of these injustices stretch into the present-day, meaning that it is misleading to think of them as straightforwardly past wrongs. These assumptions lead the BPP to an unduly narrow view of the content of reparative obligations for major historical injustices, namely that present-day beneficiaries ought to relinquish the tainted resources they hold due to past wrongdoing. But what else can be done to redress these historical injustices? This question brings us to an alternative vision of what redressing historical injustice requires: the structural approach.</p><p>The structural approach presents a different, more expansive vision of redress for historical injustices. On this approach, the proper response to historical injustice is not redistributing material resources but transforming contemporary unjust social structures. Beyond this basic contention, however, its proponents diverge significantly in the details. This section will critically examine the structural approach by discussing the views of its proponents: Iris Marion Young, Catherine Lu, Alasia Nuti, and Maeve McKeown.<sup>37</sup> While they offer important insights into how historical injustice can and should be redressed in ways that go beyond material redistribution (the content question), I argue that all of these views face serious problems concerning why, and in turn which, present-day agents ought to redress historical injustice in these ways (the justification question).</p><p>This section proposes a hybrid view that aims to avoid these problems with the reparations approach and the structural approach. I call this view <i>Radical Reparations</i>. Its key innovation is a reinterpretation of the BPP. Recall that the basic contention of the BPP is that present-day agents who enjoy the tainted benefits of historical injustices have reparative obligations to relinquish those benefits to compensate present-day agents who have been harmed by those injustices. Existing accounts have used the BPP to argue for the redistribution and restitution of wealth, property, and other material resources, focusing on the distributive effects of historical injustice. Notice, however, that the principle itself has a wider scope: from a moral perspective, <i>all</i> tainted benefits of historical injustices ought to be relinquished and used to repair the harms these injustices have caused.</p><p>This is an important point, for the benefits of major historical injustices are not simply material in kind. As illuminated by the structural approach, historical injustices have shaped contemporary social structures in ways that produce and reproduce unjust outcomes for certain groups. These structural injustices do not affect everyone equally: as Young puts it, structural injustices occur “when social processes put large groups of persons under systematic threat of domination or deprivation of the means to develop and exercise their capacities, at the same time that these processes enable others to dominate or to have a wide range of opportunities for developing and exercising capacities available to them.”<sup>54</sup> In other words, where there is structural injustice, some agents occupy positions of power and privilege within prevailing social structures, while other agents occupy positions that leave them vulnerable to significant harms. These positions can be specified in terms of either individuals or collectivities, depending on how the relevant unjust social structures are analyzed. In the global political economy, for instance, states are arguably the agents that occupy the relevant structural positions, as the Global North/Global South distinction implies. In contrast, in a racially unjust society like the U.S., individuals continue to occupy highly unequal structural positions in virtue of their race, as evinced by the fact that Black Americans “are worse off than whites and the average American on virtually every objective measure of well-being, including health, wealth, education, employment, criminal victimization and involvement, and political participation.”<sup>55</sup> In either case, present-day agents are differentially positioned in unjust social relations due to the structural legacies of major historical injustices.</p><p>I contend that such positions of power and privilege are a <i>structural benefit</i> of historical injustices. Calling a position of power and privilege a “benefit” for the agent who occupies it may strike some as an odd claim, especially for those accustomed to understanding benefits in terms of material resources. But upon reflection, this is a familiar notion: if my boss promotes me to a position of greater autonomy in which I can more freely pursue my own projects, then that promotion benefits me—even if the position does not come with a meaningful raise of salary. An agent can benefit from having a more favorable (because more powerful, autonomous, esteemed, etc.) position within a social structure, independently of whatever additional material resources come with that position. Adopting this conception of benefit suggests a more radical interpretation of the BPP: contemporary agents who enjoy structural benefits, that is, occupy positions of power and privilege, ought to relinquish these benefits for reparative ends. This is the central contention of Radical Reparations.</p><p>A useful way to spell out Radical Reparations is to return to the two questions that motivate the reparations approach: Who Pays (i.e., the justification question) and Pay What (i.e., the content question). Because it appeals to the BPP, Radical Reparations gives the same answer to Who Pays as any other BPP-based account: contemporary agents who have benefited from historical injustice have reparative obligations to relinquish said benefits. Pay What is more complicated. Given the nature of structural benefits, relinquishing them cannot be accomplished simply via a one-time redistribution of material resources to the descendant victims of historical injustice. Structural benefits are not material possessions that beneficiaries own and manage as private property. Rather, they are favorable social positions of power and privilege that they enjoy in light of their structural relation to others.<sup>56</sup> These positions are constituted by and embedded within social structures that confer differential power and privilege to occupying agents.<sup>57</sup> To relinquish their structural benefits, then, present-day beneficiaries would <i>have to</i> support and enact the relevant structural reforms; there is simply no other way to relinquish structural benefits.<sup>58</sup> Radical Reparations thus issues the same prescription as the structural approach, namely to address present-day structural injustices through structural reforms. But crucially, unlike the structural approach, this prescription has a backward-looking justification, namely the BPP.</p><p>Needless to say, the precise structural reforms necessary to eliminate these structural benefits is a complex empirical question. Let me discuss one illustrative case. It has been argued that despite the formal cessation of colonial rule, former colonial powers have maintained a dominant global position vis-à-vis their former colonies in the post-colonial era through various political, economic, and cultural institutions, which collectively form a system of neo-colonialism.<sup>59</sup> In its economic function, neo-colonialism describes the continued extraction of human and natural resources from former colonies by fostering relationships of unequal dependence to former colonial powers.<sup>60</sup> If that is correct, then a one-time material redistribution as a form of compensation for colonialism would be insufficient and indeed ineffective: so long as the exploitative neo-colonial relationship remains, transferring resources from the exploiter to the exploited is like adding more water to a leaking pool. Instead, the priority should be to end this exploitative relationship by reforming the relevant economic institutions, for example, the World Trade Organization and the International Monetary Fund, that disproportionately favor the interests of former colonial states in the rules of the global economy.<sup>61</sup></p><p>That is exactly the kind of proposal that Radical Reparations justifies and prescribes. For former colonial powers to provide adequate redress, they ought to bring an end to neo-colonial structures and allow former colonies to participate in the global economy under more just conditions. They have a reparative obligation to do so because their favorable global economic position is a structural legacy of colonialism, a major historical injustice that has shaped the contemporary global political economy. To relinquish that structural benefit, therefore, they must reform the structures and institutions that create and maintain their favorable position. To be sure, this is easier said than done. How to successfully motivate and carry out such significant structural reforms with minimal transitional costs is an important, complex, and largely empirical question. But the important point is that the BPP, suitably interpreted, supports that sort of structural transformation <i>as</i> a form of reparations.</p><p>Let me now explain how Radical Reparations avoid the problems that we saw with the reparations and the structural approaches. Recall that the reparations approach faced three challenges: (1) how to determine the present-day beneficiaries of historical injustice, (2) how to respond to the possibility that descendants of victims have materially benefited overall from historical injustices, and (3) how to respond to the possibility that the supposed ‘benefits’ of historical injustice owe more to the talents and choices of innocent individuals after the initial unjust acquisition of resources. Radical Reparations has an answer to each of these challenges.</p><p>Regarding (1), we have seen that pinpointing present-day beneficiaries and victims can be quite challenging because material benefits and harms had complex ripple effects on many agents throughout an economic system. Such effects imply that there is great uncertainty about who benefited from a historical injustice and to what extent (and, moreover, whether those benefits can truly be attributed to past wrongs). Radical Reparations avoids this problem entirely because it appeals to the structural, not material, benefits of historical injustice: the distribution of power and privilege between different social groups over time. Historical continuities in positions of power and privilege are more easily discernible: it is much more difficult to deny that group-based structural inequalities originating in historical injustices persist today than to deny that <i>this</i> individual enjoys more material resources today because their ancestor wronged <i>that</i> individual.<sup>62</sup> For instance, empirical studies routinely uncover systematic inequalities between racial groups in the United States ranging from infant mortality rates to incarceration to higher education attainment, inequalities that have demonstrably persisted over time.<sup>63</sup></p><p>These considerations also provide an answer to (2): even if the descendants of victims of historical injustices did in fact materially benefit from these wrongs, that claim does not undermine the fact that some present-day agents have reparative obligations to those groups. In Radical Reparations, the moral grounds of providing redress for historical injustices is not based in calculations of material benefits and harms but rather on the existence of unequal structural positions that benefit some agents while disadvantaging others. To be sure, structural injustices have material implications, but the relevant concern on this view is not the material distributive effects of unjust social structures but rather the structures themselves, more importantly, the inequalities of power and privilege between the agents within these structures.<sup>64</sup> Whether former colonies materially benefited from colonialism is thus besides the question if, as many have argued, it is true that these countries remain in disadvantaged positions in the global basic structure.</p><p>Finally, that the benefits of historical injustice owe more to the talents and choices of innocent individuals following the initial unjust acquisition is a coherent challenge only under the assumption that the relevant benefits are material in kind. When the focus is shifted to the structural benefits attached to structural positions like being white or being a Global North citizen, this challenge lacks plausibility. Individual agents who occupy such structural positions cannot plausibly be said to have created these positions themselves. These positions depend on a backdrop of particular laws, international treaties and agreements, cultural norms, forms of economic exchange, and other structural conditions that individual agents do not control, let alone create. The privileges of being a white individual in a racially unjust society, for example, are not an outcome of that individual's talents and efforts; rather, these privileges are attached to their position in the racial structure of the United States, a structure that has been deeply shaped by historical injustices like slavery and segregation. Such an individual, therefore, cannot be credited for the structural benefits they have received due to their structural position.</p><p>Turning now to the structural approach, two main problems needed attention: (1) how to justify the obligation to enact structural reforms in a way that explains why such reforms fulfill the backward-looking project of redressing historical injustice, and (2) how to distribute reparative obligations without eliding the distinction between the individuals to whom reparations are owed and the individuals who owe reparations. Radical Reparations has an answer to both problems.</p><p>Regarding (1), Radical Reparations has a straightforward answer: enacting structural reforms today constitutes backward-looking redress because such reforms serve to undo the unjust legacies left behind by major historical injustices, in particular the structural benefits that some agents enjoy as a result of historical injustices. This is no different from the underlying logic of providing material reparations, namely that the point of redistributing material resources from present-day beneficiaries to victims is precisely to eliminate the unjust distributive effects of past wrongs. Radical Reparations shares that basic framework but targets a different set of unjust effects, namely, the ongoing structural effects of historical injustices. Note that this answer is available to Radical Reparations because it justifies reparative obligations through the BPP, which is inherently a backward-looking principle: it says that some present-day agents have reparative obligations because the benefits they enjoy today stem from past wrongs and thus need to be redressed.</p><p>Regarding (2), unlike the structural approach, Radical Reparations does not say that contemporary agents have reparative obligations in virtue of their social connection or civic affiliation, justifications that led to counterintuitive results. Only the present-day agents who are <i>beneficiaries</i> of historical injustices have reparative obligations due to their possession of structural benefits. Radical Reparations thus preserves the intuitive thought that reparations are owed <i>to</i> certain agents <i>from</i> other agents in light of continuing patterns of benefit and harm—as opposed to the structural approach in which enacting structural reforms is the shared responsibility of all agents given their mutual participation in unjust social structures or their membership in a structurally indebted corporate agent.</p><p>Before turning to objections, let me make two clarifications about Radical Reparations. First, the view is meant to apply only to a particular type of historical injustice, namely those that have had a significant and lasting impact on our social structures and institutions, that is, Nuti's concept of historical–structural injustices. I have offered some reasons to believe that major historical injustices like colonialism and slavery meet this criterion, though that claim needs further support than what I can give here. Second, Radical Reparations does not claim that present-day beneficiaries are the <i>only</i> agents who have a moral obligation to support and enact structural reforms. As proponents of the structural approach have argued, there may be forward-looking reasons why all contemporary agents, not just those who enjoy structural benefits, have a responsibility to address the unjust social structures that produce injustice. Radical Reparations simply argues that in our current social arrangements, some agents have specifically <i>reparative</i> obligations to address the structural legacies of historical injustices given their enjoyment of structural benefits. There can be multiple reasons for why a present-day agent should support structural reforms; Radical Reparations merely contends that a distinctive and backward-looking reason applies to present-day structural beneficiaries of historical injustices. For those agents, structural transformation is as much a backward-looking reparative project as it is a forward-looking transformative project.</p><p>As one might expect, Radical Reparations faces objections from both the reparations approach and the structural approach. This section addresses what I take to be the most serious objection from each.</p><p>I have argued that Radical Reparations offers a more plausible set of answers to the justification and content questions in the historical injustice debate. On this view, present-day agents who enjoy structural benefits from major historical injustices like slavery and colonialism have reparative obligations to support and enact structural reforms in order to address the unjust structural legacies of these historical injustices.</p><p>The authors declare no conflicts of interest</p>\",\"PeriodicalId\":46756,\"journal\":{\"name\":\"Journal of Social Philosophy\",\"volume\":\"55 4\",\"pages\":\"688-708\"},\"PeriodicalIF\":1.1000,\"publicationDate\":\"2023-06-05\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/josp.12524\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Social Philosophy\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/josp.12524\",\"RegionNum\":3,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ETHICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Social Philosophy","FirstCategoryId":"98","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/josp.12524","RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ETHICS","Score":null,"Total":0}
引用次数: 0

摘要

国家和全球历史上未得到纠正的不公正提出了重要的规范问题。在公众和学术讨论中,越来越多的声音强调了这些问题,这些声音呼吁代理人,特别是全球北方的代理人,认识并纠正他们过去的主要不公正,最明显的是殖民主义,动产奴隶制和种族隔离一个是正当性问题:(某些)当今的代理人是否有道德义务来纠正历史上的不公正,如果有,基于什么道德依据?另一个是内容问题:假设赔偿义务是正当的,它们究竟要求(一些)当今的代理人做什么?哲学文献中回答这些问题的一个突出观点集中在受益人支付原则(BPP)上BPP的支持者认为,一些当今的代理人有道德义务纠正他们自己没有犯下的历史不公正,因为他们享受物质利益——财富、财产和其他类似的资源——作为这些不公正的结果。由于这些利益最初是不公正地获得的,它们的当代继承者应该放弃它们,不仅因为他们缺乏对这些资源的任何合法要求,而且因为保留这些资源会使不公正的影响永久化。这回答了正当性问题。BPP还提出了内容问题的答案。今天的一些代理人从历史的不公正中获得物质利益,而另一些代理人则相应地遭受物质伤害因此,从道德上讲,将历史上不公正的今天受益者放弃的资源重新分配给今天的受害者是合法的——即使这种重新分配只能部分地接近历史上不公正从未发生过的今天的受害者所拥有的财产总的来说,BPP提供了一种熟悉的方法来处理过去的不法行为,即提供物质补偿或赔偿。事实上,BPP的支持者认为,该原则很有吸引力,因为它避免了许多针对重大历史不公正赔偿的棘手的道德和认知挑战。但是,最近一些争取种族平等和后殖民时代全球正义的社会运动提出了一种更为激进的解决历史不公正问题的方法,而这种方法显然与这种理解不同。这些建议要求对当今社会结构进行平等主义的改造,以消除殖民主义、奴隶制、种族隔离等不公正的社会、政治和经济遗留问题与这一观点相一致,一些哲学论述主张用结构方法来解决历史上的不公正:因为许多当今的不公正是殖民主义和奴隶制等重大历史不公正的产物,因此,对这些历史不公正的全面和适当的补救措施需要解决当今的不公正,因为它们是结构性的遗产因此,结构方法主张大大扩展当今代理人的赔偿义务的内容,以包括纠正当今存在的各种结构性不公正。然而,结构方法面临着关于这些赔偿义务的正当性和反过来的分配的理论问题。这些问题在Iris Marion Young关于结构性不公正责任的基础性论述中得到了最清晰的体现。杨认为,现在的行动者有道德义务解决结构性不公正,因为他们参与了产生结构性不公正的社会结构:因为我们的参与维持了产生结构性不公正的社会结构,我们有责任确保这些结构更加公正但是,这条推理路线面临着两个问题,作为对历史不公正的研究方法。首先,它无法解释今天建立更公正的社会结构如何等同于纠正历史上的不公正,因为制定这种结构转型的义务是通过当今代理人参与不公正的社会结构来证明的,而不是通过对未纠正的历史不公正采取行动的道德呼吁其次,至少从历史不公正的角度来看,它具有令人难以置信的广泛影响,代理人有这种义务。根据这种观点,实际上每个人都有义务解决当今的结构性不公正,因为每个人都以某种方式参与了不公正的社会结构因此,这项义务同样适用于历史上不公正行为的受害者和加害者的后代,例如奴隶和奴隶主的后代。但可以肯定的是,受害者是应该为历史上的不公正得到补偿的人,而不是那些应该为他人得到补偿的人。 如果要避免这些问题,结构方法需要为正当性问题提供另一种答案。本文在历史不公正的争论中提出了一种新的观点,旨在结合赔偿方法和结构方法的见解,同时避免各自的问题。我称这种观点为激进赔偿。关键的创新是重新解释了BPP,以及当今的一些代理人如何从历史上的重大不公正中受益。与现有的基于bpp的观点不同,激进赔偿认为相关的利益不仅仅是财富和财产等物质资源,还包括当代社会结构中的权力和特权地位,这些结构是殖民主义和奴隶制等历史不公正的遗产。获得这些福利的代理人有赔偿义务来纠正这些历史上的不公正。然而,由于这些利益不能简单地放弃和重新分配,这些赔偿义务的内容采取了与激进赔偿中的物质再分配不同的形式:受益人必须通过实施结构改革来改变这些赋予权力和赋予特权的社会结构。因此,受益者在支持和实施今天的平等主义结构改革方面负有向后看的补偿性义务。激进赔偿法因此与赔偿法大体一致,即通过呼吁BPP在当今的主体中证明并相应地分配赔偿义务,但它与结构性方法大体一致,具体规定了这些义务的内容,以解决当今的结构性不公正。根据这种混合的观点,赔偿和结构性方法之间的差距也许不像一些人所争论的那样大:现在的受益者应该支持结构性改革,因为他们有赔偿义务来解决重大历史不公正的不公正利益。我进一步认为,这种观点比其他观点具有理论优势,这些观点试图通过呼吁公司代理人(例如国家)对历史不公正承担责任,将赔偿和结构方法混合在一起。文章的内容如下。第2节批判性地回顾了赔偿方法,重点是BPP,并认为现有的讨论忽视了主要历史不公正所涉及的不同类型的道德错误,以及它们持久的结构性遗产。第3节考察了结构方法,并认为尽管其对历史不公正有更丰富的理解,但现有的解释缺乏对其提出的结构改革的充分回溯的理由,因此作为一种研究历史不公正的方法,面临着重大问题。第四节介绍了激进赔偿,并认为它可以克服这些问题。第5节讨论了对激进赔偿的两种反对意见,一种来自结构方法,另一种来自赔偿方法。第6节总结。值得注意的是,本文提出了一个有条件的论点,因为围绕历史不公正的哲学和实证问题是众多而复杂的。辩护问题——当今的行动者是否真的有道德义务来纠正历史上的不公正——是一个激烈争论的问题,我无法在这里回顾所有的反对意见同样,内容问题——即履行这些道德义务所需要的问题,假设它们在道德上是正当的——在某种程度上是一个经验问题,哲学研究并不能很好地以适当的特异性来回答这个问题,尤其是在结构性改革摆在桌面上的时候。本文并不打算对这些问题提供全面的答案。更温和的目标是捍卫以下有条件的主张:如果BPP是将赔偿义务分配给当今代理人的合理辩护原则,如果殖民主义和奴隶制等重大历史不公正具有持久的结构性后果,那么就有一个合理的观点,将赔偿和历史不公正的结构性方法结合在一起,同时避免各自的弱点。两个问题构成了赔偿哲学讨论的纽带。我将它们称为“谁付钱”和“支付什么”。谁付钱问:哪些人有道德义务为历史上的不公正提供赔偿,哪些人应该得到赔偿?对于历史上的不公正,谁来买单是一个很难回答的问题,因为最初的肇事者往往早已不在了,这意味着分配赔偿义务的通常理由(“你做了这件事,所以你最好解决它!”)不适用于当今的代理人。 Pay What的问题是:对于历史上的不公正,赔偿的种类和金额究竟是什么?关于历史上的不公正,什么是一个很难回答的问题,因为由于各种原因,关于赔偿的通俗说法很难适用于很久以前发生的不公正为了使赔偿在道德上合理和可行,必须回答谁支付和支付什么(分别对应于正当性和内容问题)。一些哲学家,最著名的是Daniel Butt和Robert Goodin,提出了BPP作为这两个问题的答案它的核心论点是,今天的个人享受历史不公正的污染物质利益,包括不公正获得的财富、财产和其他此类资源,有赔偿义务放弃这些资源,以便这些资源可以重新分配给历史不公正的受害者及其后代。这些赔偿义务是合理的,因为历史不公正的今天受益者对最初通过不公正手段获得的资源没有道德要求;通过保留这些资源,今天的受益者延续了过去错误的不公平分配效应。因此,纠正过去的错误需要受益者放弃这些受污染的资源。因此,BPP为“谁付钱,付什么”提供了这些答案:历史不公正的当今受益者有义务支付物质赔偿,而他们有义务支付的恰恰是他们从这些历史不公正中获得的物质利益。这些答案会引发更多的问题和挑战。一个迫在眉睫的问题是,如何确定究竟是谁从历史的不公正中获得了物质利益,以及在多大程度上受益。这不是一个简单的问题,因为历史上的重大不公正,其经济影响是非常复杂的。希拉里·贝克尔斯认为,英国对加勒比地区的掠夺促进了英国的经济发展,并将加勒比海地区的奴隶贸易和甘蔗种植业的连锁反应追溯到了英国国内经济的主要部门,例如造船和冶金这些行业的增长可能也产生了连锁反应。因此,在她看来,即使是英国最贫穷的工人也在一定程度上受益于英国对加勒比地区的开发。类似的观点也适用于其他重大的历史不公,比如奴隶制。如此复杂的经济影响意味着,在大多数情况下,准确地确定谁从历史不公正中获得了物质利益是一项相当困难的任务。BPP最清晰的应用似乎仅限于少数案例,即特定财产或资源的污染来源有充分记录,并且这些财产或资源的后续转移留下了清晰的书面痕迹。此外,即使假设可以确定相关的当今受益人,诉诸物质利益也会使BPP在对重大历史不公正的赔偿的更广泛的合理性提出质疑。假设一个人和许多哲学家一样,持有一种关于利益(和危害)的反事实观点:一个行为人从与另一个行为人的互动中受益(或受到伤害),无论他们的福利水平是否高于(或低于)没有发生这种互动的情况这种利益观引发了一种著名的反对赔偿的观点,即历史上的重大不公正实际上使一些(如果不是全部的话)“受害”群体的成员受益,例如,通过刺激经济贸易和发展——就像一些历史学家对英国在印度的殖民遗产所声称的那样。在道德上是不公正的,因为这些人今天的物质状况会比这些历史上的不公正没有发生的情况更糟BPP的支持者可能会给出各种各样的回答:这些主张是基于历史和经济上有缺陷的假设21,反事实观点可以通过使用道德理想化的反事实来挽救22,受益者仍然应该放弃受污染的资源,以达到有利于公众的目的,即使一些受害者得到了物质上的好处,23等等。这些答复是否成功是一个有待进一步讨论的问题,但这里重要的一点是,挑战的产生是因为BPP呼吁物质利益来证明赔偿义务的合理性。最后,还有一个关于BPP作为纠正历史不公正的手段是否足够的问题。最基本的问题是,今天被污染的福利的价值可能不一定等同于受害者后代今天遭受的伤害。 例如,由于有害的环境做法,一块被剥夺土地可能随着时间的推移变得贫瘠和不生产;有人可能会说,放弃并归还这些土地,对被剥夺土地的人来说,很难构成一种适当的补偿形式。这种可能性说明了一个更广泛的观点,即在最初的不公正取得之后发生的代理人的行为与赔偿有关请注意,这个问题也可以向另一个方向发展,导致对赔偿合理性的另一个怀疑性挑战:结果可能是,一些当今代理人的物质利益主要来自他们对这些受污染的资源所做的事情,而不是资源本身。在这种情况下,放弃这些物质利益是对历史不公的过度补偿;事实上,这条推理路线让人对当今某些代理人的资源算作历史不公正的“利益”的说法产生了质疑。考虑到这些问题,人们可能会得出这样的结论:BPP不是历史不公的合理答案;如果像一些人所说的那样,BPP是赔款方法的最佳版本,那么对重大历史不公正的赔款可能是不合理和不切实际的。但是,我想提出一个不同的、更乐观的诊断:通过放弃对历史不公正本质的某些错误假设,可以避免BPP的这些问题。更具体地说,目前对BPP的描述是基于对殖民主义和奴隶制等重大历史不公正的过于狭隘的理解(1)分配错误(2)直接存在于过去。有很好的理由拒绝这两种假设,正如一些哲学家所主张的那样,他们为基于结构性不公正的历史不公正方法辩护。理解了这些原因,我们就有可能重新解读BPP,从而将其从这些特殊问题中拯救出来。首先考虑这样一个假设,即这些历史上的不公正本质上是分配的,因此,今天要修复的这些不公正的相关和挥之不去的影响是资源的分配。鉴于这一出发点,对历史不公正的补救不可避免地采取了计算过去每次征用事件的损害和利益的形式,将损害和利益加起来,并将其转化为当今物质财产的等额,并确保这些财产用于补偿受害者对历史不公正的持续损害。赔款是一个电子表格问题。按照这种观点,历史上的不公正始于过去的分配不公,结束于今天的再分配。这种对资源分配的关注忽视了历史不公正的许多重要的非分配方面,正如殖民主义和种族主义下生活经历的受害者在许多第一手资料中所强调的那样举几个例子:W.E.B.杜波依斯(W.E.B. DuBois)将黑人在白人主导的社会中被误解和不被认可的经历描述为一种“双重意识”,这种感觉总是通过他人的眼睛来看待自己,用世界的磁带来衡量自己的灵魂,这个世界在嘲笑和怜悯中看着自己。27弗朗茨·法农(franz Fanon)通过一个故事描述了殖民主义经历中所涉及的异化,这个故事讲述了一个法国孩子指着他喊道:“看,一个黑人!”妈妈,一个黑人!——被视为世界上“众多物体中的一个物体”而不是一个人的空虚感站熊酋长描述了苏族文化的迅速衰落,以及在19世纪末美国移民殖民扩张之后,苏族的文化迷失方向甘地讨论了他所认为的西方文明及其对物质财富的承诺使印度道德破产的现象,这种交易是以精神满足为代价的这些不是对资源分配的担忧;相反,它们讲述的是自尊、社会地位、文化生存和认可以及自决等道德价值观,这些价值观继续为种族平等和后殖民时代全球正义的社会运动的要求和抱怨提供重要信息假设历史不公正的受害者对这些错误的相关危害有一定的权威,人们应该担心,像殖民主义、奴隶制和种族隔离这样的历史不公正不能仅仅从分配的角度得到充分的理解和评估。现在考虑这样一个假设,即像殖民主义和奴隶制这样的历史上的重大不公正是直接过去的不公正——因此,人们执着于计算它们造成的损害的正确数量的问题。这是一种过于简单化的历史观。 这些不公正不会在某一天消失,留下的只是物质资源的不公平分配;旧的错误在当今的结构和制度中以新的形式继续存在,这些结构和制度是由这些不公正所形成的,在某些情况下实际上是由它们产生的以殖民主义为例:夸梅·恩克鲁玛(Kwame Nkrumah)认为,20世纪欧洲殖民主义的正式结束只是开启了一个“新殖民主义”时代,在这个时代,前殖民大国继续“延续殖民主义,同时谈论‘自由’”。34或者以奴隶制为例:米歇尔·亚历山大强调制度的连续性,从美国奴隶制到吉姆·克劳,再到今天的大规模监禁(例如,一些现代警察部门起源于奴隶巡逻队),包括“一个由法律、政策、习俗和机构组成的紧密网络系统,这些系统共同运作,以确保一个主要由种族定义的群体的从属地位。”“35这些观点促使人们对重大的‘历史’不公正有不同的理解,促使人们更多地认识到殖民主义和奴隶制等错误以各种方式产生了持久的体制和结构后果。如果历史不公正受害者的后代和肇事者的后代之间的持续差异不仅源于过去的非法资源,而且源于导致现在的反复出现的结构性不公正,那么仅仅问奴隶制欠什么赔偿,就会错过应该纠正的现象中不可避免的一部分,即使从纯粹的分配角度来看历史不公正。实际上,美国黑人需要为一系列重叠的种族不公正得到补偿,包括但不限于他们的祖先被奴役。简而言之,由于他们对历史上主要不公正的本质的假设,目前BPP的应用未能公正地对待他们的主题。重大历史不公正的危害和好处超出了物质分配;此外,这些不公正的制度和结构遗产一直延续到今天,这意味着将它们视为过去的错误是误导的。这些假设导致BPP对重大历史不公正的赔偿义务内容的观点过于狭隘,即现在的受益者应该放弃他们因过去的错误行为而拥有的污染资源。但是,还能做些什么来纠正这些历史上的不公正呢?这个问题给我们带来了解决历史不公正需要的另一种视角:结构性方法。结构性方法为纠正历史不公正提供了一种不同的、更广阔的视野。根据这种方法,对历史不公的正确回应不是重新分配物质资源,而是改变当代不公正的社会结构。然而,除了这一基本论点之外,其支持者在细节上存在重大分歧。本节将通过讨论其支持者的观点来批判性地考察结构方法:Iris Marion Young, Catherine Lu, Alasia Nuti和Maeve mckeown虽然它们提供了重要的见解,说明历史上的不公正如何能够而且应该以超越物质再分配的方式得到纠正(内容问题),但我认为,所有这些观点都面临着严重的问题,即当今的行动者为什么应该以这些方式纠正历史上的不公正(正当性问题)。本节提出一种混合观点,旨在通过赔偿方法和结构方法避免这些问题。我称这种观点为激进赔偿。它的关键创新是对BPP的重新诠释。回想一下,BPP的基本论点是,享受历史不公正所带来的不公平利益的当代行动者有赔偿义务放弃这些利益,以补偿受到这些不公正伤害的当代行动者。现有的解释利用BPP来主张财富、财产和其他物质资源的再分配和恢复,重点关注历史不公正的分配效应。然而,请注意,这一原则本身有一个更广泛的范围:从道德的角度来看,所有历史不公正的污点利益都应该被放弃,并用于修复这些不公正造成的伤害。这一点很重要,因为重大历史不公正的好处不仅仅是物质上的。正如结构方法所阐明的那样,历史上的不公正以对某些群体产生和再生产不公正结果的方式塑造了当代社会结构。 这些结构性的不公正并没有平等地影响到每个人:正如杨所说,“当社会进程将一大群人置于系统性的统治威胁之下,或剥夺了发展和行使其能力的手段,同时这些过程使其他人能够支配或拥有广泛的机会来发展和行使他们可用的能力。”“54换句话说,在存在结构性不公正的地方,一些行动者在主流社会结构中占据着权力和特权地位,而另一些行动者占据着使他们容易受到重大伤害的地位。这些立场可以从个人或集体的角度来具体说明,这取决于如何分析相关的不公正的社会结构。例如,在全球政治经济中,正如全球北方/全球南方的区别所暗示的那样,国家可以说是占据相关结构性地位的行动者。相比之下,在像美国这样一个种族不公正的社会里,由于种族的原因,个人继续占据着高度不平等的结构性地位,这一点可以从以下事实得到证明:美国黑人“在几乎所有衡量福祉的客观指标上都比白人和普通美国人更糟糕,包括健康、财富、教育、就业、犯罪受害和参与以及政治参与。”55无论哪种情况,由于重大历史不公正的结构性遗产,当今的代理人在不公正的社会关系中处于不同的位置。我认为,这种权力和特权地位是历史不公正的结构性好处。将拥有权力和特权的职位称为占有该职位的代理人的“利益”,可能会让一些人感到奇怪,尤其是对那些习惯于从物质资源的角度理解利益的人来说。但仔细想想,这是一个熟悉的概念:如果我的老板把我提升到一个有更大自主权的职位,让我可以更自由地从事自己的项目,那么这次晋升对我有利——即使这个职位没有带来实质性的加薪。一个主体可以从在社会结构中拥有一个更有利的位置(因为更强大、更自主、更受尊敬等)中受益,而不受该位置带来的任何额外物质资源的影响。采用这种利益概念意味着对BPP的一种更激进的解释:享受结构性利益的当代行动者,即占据权力和特权地位的人,应该放弃这些利益,以实现修复性目的。这是激进赔款的核心论点。阐述激进赔偿的一个有用方法是回到激励赔偿方法的两个问题:谁支付(即正当性问题)和支付什么(即内容问题)。因为它吸引了BPP,激进赔款对“谁付钱”给出了与其他基于BPP的解释相同的答案:从历史不公正中受益的当代代理人有赔偿义务放弃所述利益。什么更复杂。鉴于结构性利益的性质,放弃它们不能仅仅通过一次性将物质资源重新分配给历史不公正的后代受害者来实现。结构性利益不是受益人作为私有财产拥有和管理的物质财产。相反,他们是根据他们与他人的结构关系而享有的权力和特权的有利社会地位这些地位是由赋予占领者不同的权力和特权的社会结构构成并嵌入其中的因此,要放弃结构性利益,当前的受益者就必须支持并实施相关的结构性改革;要放弃结构性利益,没有别的办法因此,激进赔偿提出了与结构性方法相同的处方,即通过结构性改革来解决当前的结构性不公正。但关键的是,与结构性方法不同,这一处方有一个回溯的理由,即BPP。不用说,消除这些结构性利益所需的精确结构性改革是一个复杂的经验问题。让我讨论一个说明性的案例。59 .有人认为,尽管殖民统治正式停止,但前殖民大国在后殖民时代通过各种政治、经济和文化制度,对其前殖民地保持了全球主导地位,这些制度共同形成了新殖民主义体系就其经济功能而言,新殖民主义描述了通过培养对前殖民大国的不平等依赖关系,继续从前殖民地榨取人力和自然资源。 如果这是正确的,那么一次性的物质再分配作为对殖民主义的一种补偿形式将是不够的,而且实际上是无效的:只要剥削性的新殖民主义关系仍然存在,将资源从剥削者转移到被剥削者就像向泄漏的池中添加更多的水。相反,当务之急应该是结束这种剥削关系,改革相关的经济机构,例如世界贸易组织(wto)和国际货币基金组织(imf),这些机构在全球经济规则中过分偏袒前殖民地国家的利益。这正是激进赔款所主张和规定的建议。前殖民国家要提供适当的补救,就应该结束新殖民主义结构,并允许前殖民地在更公正的条件下参与全球经济。他们有义务这样做,因为他们有利的全球经济地位是殖民主义的结构性遗产,这是一个重大的历史不公正,塑造了当代全球政治经济。因此,为了放弃这种结构性利益,它们必须改革创造和维持其有利地位的结构和机构。当然,这说起来容易做起来难。如何以最小的过渡成本成功地激励和实施如此重大的结构性改革,是一个重要、复杂且主要是经验主义的问题。但重要的一点是,BPP在适当的解释下,支持将这种结构转型作为一种补偿形式。现在让我解释一下激进赔偿是如何避免我们在赔偿和结构性方法中看到的问题的。回想一下,赔偿方法面临着三个挑战:(1)如何确定历史不公正的当今受益者,(2)如何应对受害者的后代从历史不公正中获得总体物质利益的可能性,以及(3)如何应对历史不公正的所谓“利益”在最初不公正地获得资源后更多地归功于无辜个人的才能和选择的可能性。Radical Reparations对这些挑战都有一个答案。关于(1),我们已经看到,确定当今的受益者和受害者可能相当具有挑战性,因为物质利益和损害对整个经济系统中的许多主体产生了复杂的连锁反应。这种影响意味着,谁从历史上的不公正中受益,以及在多大程度上受益(此外,这些好处是否真的可以归因于过去的错误),存在很大的不确定性。《激进赔款》完全避免了这个问题,因为它诉诸于历史不公的结构性利益,而非物质利益:随着时间的推移,不同社会群体之间的权力和特权分配。权力和特权地位的历史连续性更容易辨别:否认源于历史不公正的基于群体的结构性不平等在今天仍然存在,比否认这个人今天享有更多的物质资源是因为他们的祖先委屈了他,要困难得多例如,实证研究经常揭示美国种族群体之间的系统性不平等,从婴儿死亡率到监禁到高等教育程度,这些不平等显然一直持续存在。这些考虑也提供了(2)的答案:即使历史上不公正的受害者的后代实际上从这些错误中获得了物质上的好处,这种说法也不能破坏一些当今代理人对这些群体负有赔偿义务的事实。在《激进赔偿》一书中,为历史不公提供补偿的道德依据不是基于物质利益和伤害的计算,而是基于不平等的结构地位的存在,这种地位使一些人受益,而使另一些人处于不利地位。可以肯定的是,结构上的不公正有物质上的影响,但这种观点所关心的不是不公正的社会结构的物质分配效应,而是结构本身,更重要的是,这些结构中的行动者之间的权力和特权的不平等因此,前殖民地是否在物质上受益于殖民主义是一个无关紧要的问题,如果像许多人所说的那样,这些国家在全球基本结构中确实处于不利地位。最后,历史上不公正的好处更多地归功于最初不公正的获取之后无辜个人的才能和选择,这是一个连贯的挑战,只有在相关的好处是实物的假设下。当焦点转移到结构性地位(如白人或全球北方公民)所附带的结构性利益时,这种挑战就缺乏合理性。 占据这种结构性地位的个体行动者不能被说成是他们自己创造了这些地位。这些立场取决于特定法律、国际条约和协定、文化规范、经济交流形式以及其他个体无法控制的结构性条件的背景,更不用说创造了。例如,在一个种族不公平的社会中,作为白人的特权并不是个人才能和努力的结果;相反,这些特权与他们在美国种族结构中的地位有关,而美国种族结构深受奴隶制和种族隔离等历史不公正现象的影响。因此,这样的个人不能因其结构地位而获得结构性利益。现在转到结构方法,需要注意两个主要问题:(1)如何证明实施结构改革的义务的合理性,以解释为什么这种改革实现了纠正历史不公正的向后看的项目,以及(2)如何分配赔偿义务,同时不忽略欠赔偿的个人和欠赔偿的个人之间的区别。激进赔款对这两个问题都有答案。关于(1),激进赔偿有一个直截了当的答案:今天实施结构性改革构成了向后看的补救措施,因为这种改革有助于消除重大历史不公正留下的不公正遗产,特别是一些代理人因历史不公正而享有的结构性利益。这与提供物质赔偿的基本逻辑没有什么不同,即将物质资源从现在的受益者重新分配给受害者的目的正是为了消除过去错误的不公正分配影响。激进赔款运动共享这一基本框架,但针对的是一系列不同的不公正影响,即历史不公正的持续结构性影响。请注意,这个答案适用于激进赔偿,因为它通过BPP证明了赔偿义务,这本质上是一个向后看的原则:它说,一些当今的代理人有赔偿义务,因为他们今天享受的利益源于过去的错误,因此需要纠正。关于(2),与结构性方法不同,激进赔偿法并没有说当代行动者由于其社会联系或公民关系而负有赔偿义务,这是导致反直觉结果的理由。只有今天的代理人是历史不公正的受益者,才有赔偿义务,因为他们拥有结构性利益。因此,激进赔偿法保留了一种直观的想法,即根据持续的利益和伤害模式,赔偿费是欠其他代理人的某些代理人的,而不是结构性方法,在这种方法中,制定结构性改革是所有代理人的共同责任,因为他们相互参与不公正的社会结构,或者他们是结构性负债公司代理人的成员。在讨论反对意见之前,请允许我对激进赔偿作两点澄清。首先,这种观点只适用于一种特殊类型的历史不公正,即那些对我们的社会结构和制度产生重大和持久影响的不公正,即努蒂的历史结构不公正概念。我提供了一些理由,让我相信殖民主义和奴隶制等重大的历史不公正符合这一标准,尽管这种说法需要进一步的支持,而不是我在这里给出的。第二,激进赔款并没有声称,现在的受益者是唯一有道德义务支持和实施结构性改革的人。正如结构方法的支持者所主张的那样,所有当代行动者,而不仅仅是那些享受结构性利益的人,都有责任解决产生不公正的不公正的社会结构,这可能有前瞻性的原因。激进赔偿只是认为,在我们目前的社会安排中,一些代理人有特别的赔偿义务来解决历史不公正的结构性遗留问题,因为他们享有结构性利益。当今的代理人为何应该支持结构性改革,可能有多种原因;激进赔款只是认为,历史不公正的当今结构性受益者适用一种独特的、向后看的理由。对于这些代理人来说,结构转型既是一个前瞻性的转型项目,也是一个向后看的修复项目。正如人们所预料的那样,激进的赔偿面临着赔偿方法和结构方法的反对。本节将讨论我认为两者中最严重的反对意见。 我认为,激进赔偿为历史不公正辩论中的正当性和内容问题提供了一套更合理的答案。根据这种观点,从奴隶制和殖民主义等重大历史不公正中享受结构性利益的当今代理人有义务支持和实施结构性改革,以解决这些历史不公正的不公正的结构性遗产。作者声明无利益冲突
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Structural transformation and reparative obligation: Reinterpreting the beneficiary pays principle

Unredressed injustices in national and global history raise important normative questions. These questions are highlighted by the growing chorus of voices in public and academic discourse calling for agents, especially those in the Global North, to recognize and redress the major injustices of their past, most notably colonialism, chattel slavery, and segregation.1 One is the justification question: do (some) present-day agents have moral obligations to redress historical injustice, and if so, on what moral grounds? Another is the content question: assuming that reparative obligations are justified, what exactly do they obligate (some) present-day agents to do?

One prominent view in the philosophical literature responding to these questions is centered on the Beneficiary Pays Principle (BPP).2 Proponents of the BPP have argued that some present-day agents have a moral obligation to redress historical injustices that they themselves did not commit because they enjoy material benefits—wealth, property, and other such resources—as a result of these injustices. Since these benefits were originally acquired unjustly, their contemporary inheritors ought to relinquish them, not just because they lack any legitimate claim to these resources, but also because by retaining these resources they are perpetuating the effects of injustice. This answers the justification question. The BPP also suggests an answer to the content question. While some present-day agents enjoy material benefits from historical injustices, others correspondingly suffer material harms.3 It is thus morally legitimate to redistribute the relinquished resources of present-day beneficiaries of a historical injustice toward its present-day victims—even if that redistribution can only partially approximate the holdings that present-day victims would have enjoyed had the historical injustice never occurred.4 Altogether, the BPP offers an account of one familiar approach to past wrongdoing, namely the provision of material compensation or reparations. Indeed, proponents of the BPP contend that the principle is appealing because it avoids many of the thorny moral and epistemic challenges against reparations for major historical injustices.5

But reparations, so understood, is notably removed from a more radical approach to historical injustice proposed by some recent social movements for racial equality and postcolonial global justice. These proposals demand the egalitarian transformation of present-day social structures in order to undo the unjust social, political, and economic legacies of colonialism, slavery, segregation, and so forth.6 In alignment with this vision, some philosophical accounts have argued for a structural approach to historical injustice: because many present-day injustices are products of major historical injustices like colonialism and slavery, a full and proper remedy to such historical injustices requires addressing present-day injustices which are their structural legacies.7 The structural approach thus argues for significantly expanding the content of present-day agents' reparative obligations to include remedying various structural injustices that exist today.

The structural approach, however, faces theoretical problems regarding the justification and in turn distribution of these reparative obligations. These problems are most clearly on display in Iris Marion Young's foundational account of responsibility for structural injustice. Young argues that present-day agents have a moral obligation to address structural injustices insofar as they participate in the social structures that produce them: because our participation is what sustains the social structures that produce structural injustices, we are responsible for ensuring that these structures are more just going forward.8 But this line of reasoning faces two problems as an approach to historical injustice. First, it is unable to explain how installing more just social structures today amounts to redressing historical injustices given that the obligation to enact such structural transformation is justified by present-day agents' participation in unjust social structures—not by a moral appeal to doing something about unredressed historical injustices.9 Second, it has implausibly wide-reaching implications for which agents have this obligation, at least from a historical injustice-oriented perspective. On this view, effectively everyone has an obligation to address present-day structural injustices since everyone participates in some way in unjust social structures.10 This obligation thus extends in equal measure to present-day descendants of both victims and perpetrators of historical injustices, for example, the descendants of both slaves and slave-owners alike. But surely the victims are the ones to whom redress for historical injustice is owed—not the ones who owe redress to others. If it is to avoid these problems, the structural approach needs to provide an alternative answer to the justification question.

This article develops a novel view in the historical injustice debate that aims to incorporate insights from both the reparations approach and the structural approach while avoiding their respective problems. I call this view Radical Reparations. The key innovation is a reinterpretation of the BPP and how some present-day agents can be said to benefit from major historical injustices. Unlike existing BPP-based views, Radical Reparations contends that the relevant benefits are not (just) material resources like wealth and property but (also) positions of power and privilege within contemporary social structures, structures which are the legacies of historical injustices like colonialism and slavery. Agents who receive these benefits have reparative obligations to redress those historical injustices. Since these benefits cannot be simply relinquished and redistributed, however, the content of these reparative obligations takes a different form than material redistribution in Radical Reparations: beneficiaries must transform these power-conferring and privilege-conferring social structures via enacting structural reforms. Beneficiaries thus have backward-looking reparative obligations to support and enact egalitarian structural reforms today. Radical Reparations is thus broadly aligned with the reparations approach on the justification and in turn distribution of reparative obligations among present-day agents by appealing to the BPP, but it is broadly aligned with the structural approach by specifying the content of those obligations in terms of addressing present-day structural injustices. On this hybrid view, the gap between the reparations and the structural approaches is perhaps not as wide as some have argued11: present-day beneficiaries should support structural reforms because they have reparative obligations to address the unjust benefits of major historical injustices. This view, I further suggest, enjoys theoretical advantages over other views that have tried to hybridize the reparation and structural approaches by appealing to the liability of corporate agents, for example, the state, for historical injustices.12

The article proceeds as follows. Section 2 critically reviews the reparations approach, focusing on the BPP, and argues that the existing discussion overlooks the different kinds of moral wrongs involved in major historical injustices as well as their lasting structural legacies. Section 3 examines the structural approach and contends that despite its richer understanding of historical injustices, existing accounts lack a sufficiently backward-looking justification for the structural reforms they propose and thus face significant problems as an approach to historical injustice. Section 4 introduces Radical Reparations and argues that it can overcome these problems. Section 5 discusses two objections to Radical Reparations, one from the structural approach and the other from the reparations approach. Section 6 concludes.

Notably, this article presents a conditional argument, for the philosophical and empirical issues surrounding historical injustice are numerous and complex. The justification question—whether present-day agents do in fact have moral obligations to redress historical injustices—is a hotly contested issue, and I cannot review all of the counterarguments here.13 Similarly, the content question—what is required to fulfill those moral obligations, assuming that they are morally justified—is in part an empirical question, one that philosophical investigation is not well-equipped to answer with due specificity, especially if structural reform is on the table. The article does not aim to offer a comprehensive answer to these questions. The more modest goal is to defend the following conditional claim: if the BPP is a plausible justificatory principle for assigning reparative obligations to present-day agents, and if major historical injustices like colonialism and slavery have had lasting structural ramifications, then there is a plausible view that brings together the reparations and structural approaches to historical injustice while avoiding their respective weaknesses.

Two questions form the nexus of philosophical discussions of reparations. I will refer to them as Who Pays and Pay What. Who Pays asks: which agents have moral obligations to provide reparations for historical injustices, and relatedly, which agents should be compensated? Who Pays is a difficult question to answer for historical injustices insofar as the original perpetrators are often long gone, which means the usual rationale for assigning reparative obligations (“You did this, so you better fix it!”) is inapplicable to present-day agents. Pay What asks: what exactly is the kind and amount of compensation owed for historical injustices? Pay What is a difficult question for historical injustices because popular accounts of compensation are difficult to apply to injustices that occurred long ago, for various reasons.14 For reparations to be morally justified and practicable, Who Pays and Pay What (which correspond to the justification and content questions, respectively) must be answered.

Several philosophers, most prominently Daniel Butt and Robert Goodin, have proposed the BPP as an answer to both questions.15 Its core thesis is that present-day individuals who enjoy the tainted material benefits of historical injustices, including unjustly acquired wealth, property, and other such resources, have reparative obligations to relinquish these resources so that these resources can be redistributed to the victims of historical injustices and their descendants. These reparative obligations are justified because present-day beneficiaries of historical injustices have no moral claim to resources that were initially acquired by unjust means; by retaining these resources, present-day beneficiaries perpetuate the unjust distributive effects of past wrongs. Redressing past wrongs thus requires that beneficiaries relinquish these tainted resources. The BPP thus offers these answers to Who Pays and Pay What: the present-day beneficiaries of historical injustices are obligated to pay for material reparations, and what they are obligated to pay is precisely the amount of material benefits that they have gained as a result of these historical injustices.

These answers invite further questions and challenges. One immediate question is how to determine who exactly has materially benefited from historical injustices and to what extent. This is no easy question for major historical injustices, the economic effects of which were highly complex. Hilary Beckles argues that the spoils of Britain's exploitation of the Caribbean fueled economic development back in Britain, tracing a ripple effect from the slave trade and sugar plantation industry in the Caribbean to major sectors of the domestic British economy, for example, ship manufacturing and metallurgy.16 The growth of these sectors presumably had ripple effects of their own. Thus, by her lights, even the poorest laborer in Britain benefited to some extent from Britain's exploitation of the Caribbean. Similar points can be made about other major historical injustices like slavery. Such complex economic effects imply that determining who materially benefited from historical injustices with any exactitude is a quite difficult task in most cases. The clearest application of the BPP would seem to be limited to a narrow class of cases, namely ones where the tainted origins of specific properties or resources are well documented and subsequent transfers of those properties or resources have left a clear paper trail.17

Furthermore, even assuming that the relevant present-day beneficiaries can be identified, appealing to material benefits leaves the BPP wide open to a skeptical challenge as to the broader justifiability of reparations for major historical injustices. Suppose one holds, as many philosophers do, a counterfactual view of benefits (and harms): an agent benefits (or is harmed) from an interaction with another agent whenever their level of welfare is higher (or lower) than it would have been had the interaction not occurred.18 This view of benefit motivates a well-known objection to reparations, namely that major historical injustices actually benefited some, if not all, members of the “victimized” group, for instance by spurring economic trade and development—as a few historians have claimed about Britain's colonial legacy in India.19 Reparations in such cases, some argue, are morally unjustified given that these individuals would be materially worse off today than they would have been had these historical injustices never happened.20 Proponents of the BPP might offer various replies: these sorts of claims are based on historically and economically flawed assumptions,21 the counterfactual view can be salvaged by using a morally idealized counterfactual,22 the beneficiaries still ought to relinquish tainted resources for publicly beneficial ends even if some victims have materially benefited,23 and so forth. Whether these replies are successful is a matter for further discussion, but the important point here is that the challenge arises because the BPP appeals to material benefits to justify reparative obligations.

Finally, there is a question about the adequacy of the BPP as a means of redressing historical injustice. The basic issue is that the value of tainted benefits today may not necessarily be equivalent to the harm that descendants of the victims suffer today. For example, a piece of dispossessed Indigenous land might have become barren and unproductive over time due to harmful environmental practices; relinquishing and returning that land, one might argue, would hardly amount to an adequate form of redress to the dispossessed people. This possibility speaks to the broader point that the actions of agents that occurred after the initial unjust acquisition matters for reparations.24 Note that the problem can run in the other direction as well, leading to another skeptical challenge to the justifiability of reparations: it may turn out that the material benefits of some present-day agents stem largely from what they did with these tainted resources, rather than the resources themselves. In such cases, relinquishing those material benefits overcompensates for historical injustice; indeed, this line of reasoning calls into question the very claim that the resources of some present-day agents count as the “benefits” of historical injustice.25

Given these problems, one might conclude that the BPP is not a plausible answer to historical injustice; if, as some have argued, the BPP is the best available version of the reparations approach, then perhaps reparations for major historical injustices are unjustified and impracticable. But, I want to suggest a different, more optimistic diagnosis: these problems with the BPP can be avoided by abandoning certain mistaken assumptions about the nature of historical injustice. More specifically, current accounts of the BPP proceed from an unduly narrow understanding of major historical injustices such as colonialism and slavery as (1) distributive wrongs that (2) lie squarely in the past. There are good reasons to reject both assumptions, as several philosophers who defend a structural injustice-based approach to historical injustice have argued. Understanding those reasons points the way toward a reinterpretation of the BPP that might rescue it from these particular problems.

Consider first the assumption that these historical injustices are essentially distributive in nature, such that the relevant and lingering effects of these injustices to be repaired today are distributions of resources. Given this starting point, the remedy to historical injustice inevitably takes the form of calculating the damages and benefits of each incident of past expropriation, totaling up the damages and benefits and translating them into their equivalent in present-day material holdings, and ensuring that those holdings are used to compensate the victims for the lingering damages of historical injustice. Reparations turns out to be a spreadsheet problem. Historical injustice, on this view, begins with past maldistribution and ends with present-day redistribution.

This focus on the distribution of resources ignores the many significant nondistributive dimensions of historical injustices, as emphasized in many first-hand accounts by victims of their lived experiences under colonialism and racism.26 To name but a few: W.E.B. DuBois describes the Black experience of misrecognition and nonrecognition in a white dominated society as one of “double-consciousness, this sense of always looking at one's self through the eyes of others, of measuring one's soul by the tape of a world that looks on in amused contempt and pity.”27 Frantz Fanon describes the alienation involved in the experience of colonialism through a story about a French child who points to him and exclaims “Look, a Negro! Maman, a Negro!”—the emptiness of being seen as an “object among other objects” in the world, rather than a person.28 Chief Standing Bear describes the rapid decline of the Sioux culture and the ensuing cultural disorientation of his tribe in the wake of US settler-colonial expansion in the late 19th century.29 Gandhi discusses what he perceives as the moral bankrupting of India by Western civilization and its promises of material wealth, a trade that comes at the cost of spiritual fulfillment.30 These are not worries about distributions of resources; rather, they speak to moral values like self-respect, social standing, cultural survival and recognition, and self-determination, values that continue to significantly inform the demands and complaints of social movements for racial equality and postcolonial global justice.31 Assuming that the victims of historical injustices have some authority over the relevant harms of these wrongs, one should worry that historical injustices like colonialism, slavery, and segregation cannot be adequately understood and assessed merely in distributive terms.32

Consider now the assumption that major historical injustices like colonialism and slavery are straightforwardly past injustices—hence the fixation with the problem of calculating the correct amount of damages that they inflict-ed. This is a far too simplistic view of history. These injustices did not simply disappear one day, leaving behind only a skewed distribution of material resources; old wrongs persist in new forms within present-day structures and institutions which were shaped by these injustices and in some cases literally grew out of them.33 Take colonialism: Kwame Nkrumah argues that the formal end of European colonialism in the 20th century only inaugurated an era of “neo-colonialism” in which former colonial powers continue to “perpetuate colonialism while at the same time talking about ‘freedom’.”34 Or take slavery: Michelle Alexander emphasizes the institutional continuities from American slavery to Jim Crow to present-day mass incarceration (e.g., that some modern day police departments originated as slave patrols), comprising “a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race.”35 These views invite a different understanding of major ‘historical’ injustices that urges greater recognition the various ways in which wrongs like colonialism and slavery have had lasting institutional and structural ramifications. If persistent disparities between the descendants of the victims of historical injustice and the descendants of its perpetrators originate not just in ill-gotten resources in the past but also in recurring structural injustices leading up to the present, then simply asking what reparations are owed for, say, slavery alone will miss an inevitable part of the phenomenon that ought to be redressed, even on a purely distributive view of historical injustice. In reality, Black Americans are owed compensation for a number of overlapping racial injustices including, but not limited to, the enslavement of their ancestors.36

In short, due to their assumptions about the nature of major historical injustices, current applications of the BPP fail to do justice to their subject matter. The harms and benefits of major historical injustices extend beyond material distributions; moreover, the institutional and structural legacies of these injustices stretch into the present-day, meaning that it is misleading to think of them as straightforwardly past wrongs. These assumptions lead the BPP to an unduly narrow view of the content of reparative obligations for major historical injustices, namely that present-day beneficiaries ought to relinquish the tainted resources they hold due to past wrongdoing. But what else can be done to redress these historical injustices? This question brings us to an alternative vision of what redressing historical injustice requires: the structural approach.

The structural approach presents a different, more expansive vision of redress for historical injustices. On this approach, the proper response to historical injustice is not redistributing material resources but transforming contemporary unjust social structures. Beyond this basic contention, however, its proponents diverge significantly in the details. This section will critically examine the structural approach by discussing the views of its proponents: Iris Marion Young, Catherine Lu, Alasia Nuti, and Maeve McKeown.37 While they offer important insights into how historical injustice can and should be redressed in ways that go beyond material redistribution (the content question), I argue that all of these views face serious problems concerning why, and in turn which, present-day agents ought to redress historical injustice in these ways (the justification question).

This section proposes a hybrid view that aims to avoid these problems with the reparations approach and the structural approach. I call this view Radical Reparations. Its key innovation is a reinterpretation of the BPP. Recall that the basic contention of the BPP is that present-day agents who enjoy the tainted benefits of historical injustices have reparative obligations to relinquish those benefits to compensate present-day agents who have been harmed by those injustices. Existing accounts have used the BPP to argue for the redistribution and restitution of wealth, property, and other material resources, focusing on the distributive effects of historical injustice. Notice, however, that the principle itself has a wider scope: from a moral perspective, all tainted benefits of historical injustices ought to be relinquished and used to repair the harms these injustices have caused.

This is an important point, for the benefits of major historical injustices are not simply material in kind. As illuminated by the structural approach, historical injustices have shaped contemporary social structures in ways that produce and reproduce unjust outcomes for certain groups. These structural injustices do not affect everyone equally: as Young puts it, structural injustices occur “when social processes put large groups of persons under systematic threat of domination or deprivation of the means to develop and exercise their capacities, at the same time that these processes enable others to dominate or to have a wide range of opportunities for developing and exercising capacities available to them.”54 In other words, where there is structural injustice, some agents occupy positions of power and privilege within prevailing social structures, while other agents occupy positions that leave them vulnerable to significant harms. These positions can be specified in terms of either individuals or collectivities, depending on how the relevant unjust social structures are analyzed. In the global political economy, for instance, states are arguably the agents that occupy the relevant structural positions, as the Global North/Global South distinction implies. In contrast, in a racially unjust society like the U.S., individuals continue to occupy highly unequal structural positions in virtue of their race, as evinced by the fact that Black Americans “are worse off than whites and the average American on virtually every objective measure of well-being, including health, wealth, education, employment, criminal victimization and involvement, and political participation.”55 In either case, present-day agents are differentially positioned in unjust social relations due to the structural legacies of major historical injustices.

I contend that such positions of power and privilege are a structural benefit of historical injustices. Calling a position of power and privilege a “benefit” for the agent who occupies it may strike some as an odd claim, especially for those accustomed to understanding benefits in terms of material resources. But upon reflection, this is a familiar notion: if my boss promotes me to a position of greater autonomy in which I can more freely pursue my own projects, then that promotion benefits me—even if the position does not come with a meaningful raise of salary. An agent can benefit from having a more favorable (because more powerful, autonomous, esteemed, etc.) position within a social structure, independently of whatever additional material resources come with that position. Adopting this conception of benefit suggests a more radical interpretation of the BPP: contemporary agents who enjoy structural benefits, that is, occupy positions of power and privilege, ought to relinquish these benefits for reparative ends. This is the central contention of Radical Reparations.

A useful way to spell out Radical Reparations is to return to the two questions that motivate the reparations approach: Who Pays (i.e., the justification question) and Pay What (i.e., the content question). Because it appeals to the BPP, Radical Reparations gives the same answer to Who Pays as any other BPP-based account: contemporary agents who have benefited from historical injustice have reparative obligations to relinquish said benefits. Pay What is more complicated. Given the nature of structural benefits, relinquishing them cannot be accomplished simply via a one-time redistribution of material resources to the descendant victims of historical injustice. Structural benefits are not material possessions that beneficiaries own and manage as private property. Rather, they are favorable social positions of power and privilege that they enjoy in light of their structural relation to others.56 These positions are constituted by and embedded within social structures that confer differential power and privilege to occupying agents.57 To relinquish their structural benefits, then, present-day beneficiaries would have to support and enact the relevant structural reforms; there is simply no other way to relinquish structural benefits.58 Radical Reparations thus issues the same prescription as the structural approach, namely to address present-day structural injustices through structural reforms. But crucially, unlike the structural approach, this prescription has a backward-looking justification, namely the BPP.

Needless to say, the precise structural reforms necessary to eliminate these structural benefits is a complex empirical question. Let me discuss one illustrative case. It has been argued that despite the formal cessation of colonial rule, former colonial powers have maintained a dominant global position vis-à-vis their former colonies in the post-colonial era through various political, economic, and cultural institutions, which collectively form a system of neo-colonialism.59 In its economic function, neo-colonialism describes the continued extraction of human and natural resources from former colonies by fostering relationships of unequal dependence to former colonial powers.60 If that is correct, then a one-time material redistribution as a form of compensation for colonialism would be insufficient and indeed ineffective: so long as the exploitative neo-colonial relationship remains, transferring resources from the exploiter to the exploited is like adding more water to a leaking pool. Instead, the priority should be to end this exploitative relationship by reforming the relevant economic institutions, for example, the World Trade Organization and the International Monetary Fund, that disproportionately favor the interests of former colonial states in the rules of the global economy.61

That is exactly the kind of proposal that Radical Reparations justifies and prescribes. For former colonial powers to provide adequate redress, they ought to bring an end to neo-colonial structures and allow former colonies to participate in the global economy under more just conditions. They have a reparative obligation to do so because their favorable global economic position is a structural legacy of colonialism, a major historical injustice that has shaped the contemporary global political economy. To relinquish that structural benefit, therefore, they must reform the structures and institutions that create and maintain their favorable position. To be sure, this is easier said than done. How to successfully motivate and carry out such significant structural reforms with minimal transitional costs is an important, complex, and largely empirical question. But the important point is that the BPP, suitably interpreted, supports that sort of structural transformation as a form of reparations.

Let me now explain how Radical Reparations avoid the problems that we saw with the reparations and the structural approaches. Recall that the reparations approach faced three challenges: (1) how to determine the present-day beneficiaries of historical injustice, (2) how to respond to the possibility that descendants of victims have materially benefited overall from historical injustices, and (3) how to respond to the possibility that the supposed ‘benefits’ of historical injustice owe more to the talents and choices of innocent individuals after the initial unjust acquisition of resources. Radical Reparations has an answer to each of these challenges.

Regarding (1), we have seen that pinpointing present-day beneficiaries and victims can be quite challenging because material benefits and harms had complex ripple effects on many agents throughout an economic system. Such effects imply that there is great uncertainty about who benefited from a historical injustice and to what extent (and, moreover, whether those benefits can truly be attributed to past wrongs). Radical Reparations avoids this problem entirely because it appeals to the structural, not material, benefits of historical injustice: the distribution of power and privilege between different social groups over time. Historical continuities in positions of power and privilege are more easily discernible: it is much more difficult to deny that group-based structural inequalities originating in historical injustices persist today than to deny that this individual enjoys more material resources today because their ancestor wronged that individual.62 For instance, empirical studies routinely uncover systematic inequalities between racial groups in the United States ranging from infant mortality rates to incarceration to higher education attainment, inequalities that have demonstrably persisted over time.63

These considerations also provide an answer to (2): even if the descendants of victims of historical injustices did in fact materially benefit from these wrongs, that claim does not undermine the fact that some present-day agents have reparative obligations to those groups. In Radical Reparations, the moral grounds of providing redress for historical injustices is not based in calculations of material benefits and harms but rather on the existence of unequal structural positions that benefit some agents while disadvantaging others. To be sure, structural injustices have material implications, but the relevant concern on this view is not the material distributive effects of unjust social structures but rather the structures themselves, more importantly, the inequalities of power and privilege between the agents within these structures.64 Whether former colonies materially benefited from colonialism is thus besides the question if, as many have argued, it is true that these countries remain in disadvantaged positions in the global basic structure.

Finally, that the benefits of historical injustice owe more to the talents and choices of innocent individuals following the initial unjust acquisition is a coherent challenge only under the assumption that the relevant benefits are material in kind. When the focus is shifted to the structural benefits attached to structural positions like being white or being a Global North citizen, this challenge lacks plausibility. Individual agents who occupy such structural positions cannot plausibly be said to have created these positions themselves. These positions depend on a backdrop of particular laws, international treaties and agreements, cultural norms, forms of economic exchange, and other structural conditions that individual agents do not control, let alone create. The privileges of being a white individual in a racially unjust society, for example, are not an outcome of that individual's talents and efforts; rather, these privileges are attached to their position in the racial structure of the United States, a structure that has been deeply shaped by historical injustices like slavery and segregation. Such an individual, therefore, cannot be credited for the structural benefits they have received due to their structural position.

Turning now to the structural approach, two main problems needed attention: (1) how to justify the obligation to enact structural reforms in a way that explains why such reforms fulfill the backward-looking project of redressing historical injustice, and (2) how to distribute reparative obligations without eliding the distinction between the individuals to whom reparations are owed and the individuals who owe reparations. Radical Reparations has an answer to both problems.

Regarding (1), Radical Reparations has a straightforward answer: enacting structural reforms today constitutes backward-looking redress because such reforms serve to undo the unjust legacies left behind by major historical injustices, in particular the structural benefits that some agents enjoy as a result of historical injustices. This is no different from the underlying logic of providing material reparations, namely that the point of redistributing material resources from present-day beneficiaries to victims is precisely to eliminate the unjust distributive effects of past wrongs. Radical Reparations shares that basic framework but targets a different set of unjust effects, namely, the ongoing structural effects of historical injustices. Note that this answer is available to Radical Reparations because it justifies reparative obligations through the BPP, which is inherently a backward-looking principle: it says that some present-day agents have reparative obligations because the benefits they enjoy today stem from past wrongs and thus need to be redressed.

Regarding (2), unlike the structural approach, Radical Reparations does not say that contemporary agents have reparative obligations in virtue of their social connection or civic affiliation, justifications that led to counterintuitive results. Only the present-day agents who are beneficiaries of historical injustices have reparative obligations due to their possession of structural benefits. Radical Reparations thus preserves the intuitive thought that reparations are owed to certain agents from other agents in light of continuing patterns of benefit and harm—as opposed to the structural approach in which enacting structural reforms is the shared responsibility of all agents given their mutual participation in unjust social structures or their membership in a structurally indebted corporate agent.

Before turning to objections, let me make two clarifications about Radical Reparations. First, the view is meant to apply only to a particular type of historical injustice, namely those that have had a significant and lasting impact on our social structures and institutions, that is, Nuti's concept of historical–structural injustices. I have offered some reasons to believe that major historical injustices like colonialism and slavery meet this criterion, though that claim needs further support than what I can give here. Second, Radical Reparations does not claim that present-day beneficiaries are the only agents who have a moral obligation to support and enact structural reforms. As proponents of the structural approach have argued, there may be forward-looking reasons why all contemporary agents, not just those who enjoy structural benefits, have a responsibility to address the unjust social structures that produce injustice. Radical Reparations simply argues that in our current social arrangements, some agents have specifically reparative obligations to address the structural legacies of historical injustices given their enjoyment of structural benefits. There can be multiple reasons for why a present-day agent should support structural reforms; Radical Reparations merely contends that a distinctive and backward-looking reason applies to present-day structural beneficiaries of historical injustices. For those agents, structural transformation is as much a backward-looking reparative project as it is a forward-looking transformative project.

As one might expect, Radical Reparations faces objections from both the reparations approach and the structural approach. This section addresses what I take to be the most serious objection from each.

I have argued that Radical Reparations offers a more plausible set of answers to the justification and content questions in the historical injustice debate. On this view, present-day agents who enjoy structural benefits from major historical injustices like slavery and colonialism have reparative obligations to support and enact structural reforms in order to address the unjust structural legacies of these historical injustices.

The authors declare no conflicts of interest

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