Historical Justice: On First-Order and Second-Order Arguments for Justice

Abstract This Article makes three moves. First it suggests and elaborates a distinction—already implicit in the literature—between what I will call the first and second order of arguments for justice (hereinafter FOAJ and SOAJ). In part, it is a distinction somewhat similar to that between just war and justice in war. SOAJ are akin to the rules governing justice in war or rules of engagement, while bracketing the reasons and causes of the conflict. FOAJ on the hand are those principles of justice and arguments that derive their power from the distribution of entitlements, rights and duties of the parties prior to the conflict they are supposed to adjudicate. FOAJ aim in many ways to restore the distribution of entitlements that existed on the eve of the conflict. Thus, all arguments for corrective or historical justice could be viewed as FOAJ. The second move in the paper associates FOAJ with the Palestinians and SOAJ with Zionism first and Israel later on. The more the settler Zionist project became a reality, the more the Palestinian population felt a threat to their national project and exercised resistance, including violent resistance. The more Palestinians showed resistance, the more appealing and more relevant SOAJ of self-defense, security, and emergency. The third move in the paper is to ask questions regarding the relation between FOAJ and SOAJ offer a critique of the distinction itself, and offers a critique of the way the distinction is being deployed in the case of Israel-Palestine. The Israeli claims for self-defense and security(SOAJ) are becoming so pervasive that they threaten to suspend the claims for historical justice forever (FOAJ), to the point that everything, even the regime that is crystallizing in front of our eyes as an Apartheid regime, is being justified as a temporal necessity. Israel deployment of SOAJ is done in bad faith.