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Corrective justice, harm, and reparations for historical injustice
Descriptive
TitleInfo
Title
Corrective justice, harm, and reparations for historical injustice
Name
(type = personal)
NamePart
(type = family)
Winterbottom
NamePart
(type = given)
Jonathan Paul
NamePart
(type = date)
1976-
DisplayForm
Jonathan Winterbottom
Role
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author
Name
(type = personal)
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McGary
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(type = given)
Howard
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Howard McGary
Affiliation
Advisory Committee
Role
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chair
Name
(type = personal)
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Husak
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(type = given)
Douglas
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Douglas Husak
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Advisory Committee
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internal member
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Smith
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(type = given)
Holly
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Holly Smith
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Advisory Committee
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internal member
Name
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Ramsamy
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(type = given)
Edward
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Edward Ramsamy
Affiliation
Advisory Committee
Role
RoleTerm
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outside member
Name
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NamePart
Rutgers University
Role
RoleTerm
(authority = RULIB)
degree grantor
Name
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NamePart
Graduate School - New Brunswick
Role
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school
TypeOfResource
Text
Genre
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theses
OriginInfo
DateCreated
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2012
DateOther
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(type = degree)
2012-10
Place
PlaceTerm
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xx
Language
LanguageTerm
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(type = code)
eng
Abstract
(type = abstract)
Some regard harms to currently existing persons as a basis for reparations for historical injustice. By focusing on corrective justice as the basis for repairing wrongful harm, this thesis aims to clarify and strengthen the harm-based approach to reparations. I defend a version of the conformity account as the moral basis of corrective justice, critiquing various versions of this argument by Joseph Raz and John Gardner. I argue that the notion of harm relevant to corrective justice is a counterfactual comparative one and respond to various objections to that conception. I then consider two different cases in which compensation for an historical injustice might be thought appropriate. First, I examine an argument developed independently by Bernard Boxill and George Sher (which I refer to as the chain-harm argument). I analyze Andrew Cohen’s critique of the argument, clarifying the problems it faces before offering some tentative solutions. Second, I examine and critique Judith Jarvis Thomson’s proposal to solve the non-identity problem in the case of the Risky Policy. I explain why her argument fails and offer my own solution.
Subject
(authority = RUETD)
Topic
Philosophy
Subject
(authority = ETD-LCSH)
Topic
Reparations for historical injustices
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TitleInfo
Title
Rutgers University Electronic Theses and Dissertations
Identifier
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ETD
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TitleInfo
Title
Graduate School - New Brunswick Electronic Theses and Dissertations
Identifier
(type = local)
rucore19991600001
Identifier
ETD_4287
Identifier
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http://hdl.rutgers.edu/1782.1/rucore10001600001.ETD.000067022
PhysicalDescription
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electronic resource
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application/pdf
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text/xml
Extent
iii, 217 p.
Note
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Ph.D.
Note
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Includes bibliographical references
Note
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by Jonathan Paul Winterbottom
Location
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NjNbRU
Identifier
(type = doi)
doi:10.7282/T3QV3K80
Genre
(authority = ExL-Esploro)
ETD doctoral
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Rights
RightsDeclaration
(ID = rulibRdec0006)
The author owns the copyright to this work.
RightsHolder
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Name
FamilyName
Winterbottom
GivenName
Jonathan
Role
Copyright Holder
RightsEvent
Type
Permission or license
DateTime
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(qualifier = exact);
(point = start)
2012-09-25 20:24:52
AssociatedEntity
Name
Jonathan Winterbottom
Role
Copyright holder
Affiliation
Rutgers University. Graduate School - New Brunswick
AssociatedObject
Type
License
Name
Author Agreement License
Detail
I hereby grant to the Rutgers University Libraries and to my school the non-exclusive right to archive, reproduce and distribute my thesis or dissertation, in whole or in part, and/or my abstract, in whole or in part, in and from an electronic format, subject to the release date subsequently stipulated in this submittal form and approved by my school. I represent and stipulate that the thesis or dissertation and its abstract are my original work, that they do not infringe or violate any rights of others, and that I make these grants as the sole owner of the rights to my thesis or dissertation and its abstract. I represent that I have obtained written permissions, when necessary, from the owner(s) of each third party copyrighted matter to be included in my thesis or dissertation and will supply copies of such upon request by my school. I acknowledge that RU ETD and my school will not distribute my thesis or dissertation or its abstract if, in their reasonable judgment, they believe all such rights have not been secured. I acknowledge that I retain ownership rights to the copyright of my work. I also retain the right to use all or part of this thesis or dissertation in future works, such as articles or books.
Copyright
Status
Copyright protected
Availability
Status
Open
Reason
Permission or license
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Technical
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988160
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Statistical Profile