Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.
When Governor Terry Sanford established the North Carolina Fund in 1963, he saw it as a way to provide a better life for the "tens of thousands whose family income is so low that daily subsistence is always in doubt." Illustrated with evocative photographs by Billy Barnes, To Right These Wrongs offers a lively account of this pioneering effort in America's War on Poverty. Robert Korstad and James Leloudis describe how the Fund's initial successes grew out of its reliance on private philanthropy and federal dollars and its commitment to the democratic mobilization of the poor. Both were calculated tactics designed to outflank conservative state lawmakers and entrenched local interests that nourished Jim Crow, perpetuated one-party politics, and protected an economy built on cheap labor. By late 1968, when the Fund closed its doors, a resurgent politics of race had gained the advantage, led by a Republican Party that had reorganized itself around opposition to civil rights and aid to the poor. The North Carolina Fund came up short in its battle against poverty, but its story continues to be a source of inspiration and instruction for new generations of Americans.
This book makes a valuable contribution to debates on redress for historical injustices by offering case studies from nine countries on five continents. The contributors examine the problems of material restitution, criminal justice, apologies, recognition, memory and reconciliation in national contexts as well as from a comparative perspective. Among the topics discussed are the claims for reparations for slavery in the United States, West German restitution for the Holocaust, the South African Truth and Reconciliation Commission, the efforts to prosecute the perpetrators of the Khmer Rouge's mass murders in Cambodia and the struggles of the indigenous people of Australia and New Zealand. The book highlights the diversity of the ways societies have tried to right past wrongs as the demand for historical justice has become universal.
Following World War II, liberal nation-states sought to address injustices of the past. In keeping with trends in other countries, Canada’s government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. In To Right Historical Wrongs, Carmela Murdocca brings together the paradigm of reparative justice and the study of incarceration to examine this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the justice system – a troubling reality that is often ignored. Drawing on detailed examination of legal cases, parliamentary debates, government reports, media commentary, and community sources, Murdocca presents a new perspective on discussions of culture-based sentencing in an age of both mass incarceration and historical amendment.
A noted legal scholar examines the source of human rights, arguing that rights are the result of particular experiences with injustice and looking at the implications in terms of the right to privacy, voting rights, and other rights.
Why we learn the wrong things from narrative history, and how our love for stories is hard-wired. To understand something, you need to know its history. Right? Wrong, says Alex Rosenberg in How History Gets Things Wrong. Feeling especially well-informed after reading a book of popular history on the best-seller list? Don't. Narrative history is always, always wrong. It's not just incomplete or inaccurate but deeply wrong, as wrong as Ptolemaic astronomy. We no longer believe that the earth is the center of the universe. Why do we still believe in historical narrative? Our attachment to history as a vehicle for understanding has a long Darwinian pedigree and a genetic basis. Our love of stories is hard-wired. Neuroscience reveals that human evolution shaped a tool useful for survival into a defective theory of human nature. Stories historians tell, Rosenberg continues, are not only wrong but harmful. Israel and Palestine, for example, have dueling narratives of dispossession that prevent one side from compromising with the other. Henry Kissinger applied lessons drawn from the Congress of Vienna to American foreign policy with disastrous results. Human evolution improved primate mind reading—the ability to anticipate the behavior of others, whether predators, prey, or cooperators—to get us to the top of the African food chain. Now, however, this hard-wired capacity makes us think we can understand history—what the Kaiser was thinking in 1914, why Hitler declared war on the United States—by uncovering the narratives of what happened and why. In fact, Rosenberg argues, we will only understand history if we don't make it into a story.
Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.
This book explores the recent spread of political efforts to rectify past injustices. Although it recognizes that reparations campaigns may lead to improved well-being of victims and to reconciliation among former antagonists, it examines the extent to which concern with the past may depart from the future orientation of progressive politics.
A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.