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The book begins by situating my key phrase ‘making-good-again’ through contrasting the history of the terms Wiedergutmachung and restitution. I give a brief history of understandings of responsibility and introduce my argument regarding material practice. Part two gives a brief overview of the methods used in the book, situating my approach in relation to jurisprudence and current approaches in law, humanities and their intersections.
Remote work in Korea rapidly accelerated mainly with digitalization and covid-19, posing challenging issues for traditional labor law in this country. The practice of long working hours, and the crisis of the country’s low birth rate and aging population demand fundamental changes of working style. With the development of information and communication technology, traditional ways of direct command and supervision by employers seem to be reduced, while the discretion of workers expanded. However, technologies themselves also make possible more detailed direction by employers - even by the contractors of the employers. The character of the employment contract as a mutual contract presupposes fair distribution of obligation and responsibility. Changing situations surrounding working conditions such as remote work may encourage the re-distribution of responsibility. This chapter explores the impact of remote work on the employers’ responsibility from the standpoint of the response by Korean regulation and policies.
Much philosophical literature on sweatshop ethics assumes that the individual branded marketers that sell consumer goods either employ sweatshop workers or can strongly influence the conditions under which those workers labor. This oversimplification misidentifies the rationale for and details of the responsibilities of big buyers for the labor standards in their supply chains. Throughout this article, we illustrate how philosophers’ “vertical integration” and “control” assumptions distort our understanding of the internal dynamics within supply chains. Under the more realistic assumption that big buyers have “constrained influence” over labor conditions in their supply chains, we show that big buyers retain the responsibility to work toward social upgrading goals. However, fulfilling such a responsibility requires big buyers to collectively cede power to third parties in supply chains in formalized and accountable ways. Recent developments in transnational industrial agreements, such as the International Accord, are examples of this commitment.
What does decolonial justice require in response to the epistemic devastation of colonisation? Recent work proposes restoring lost epistemic status or compensating victims with epistemic goods. I argue that neither restitution nor compensation is a viable response to the destruction of Indigenous knowledge systems. Drawing on international law and reparations theory, I show that these frameworks neglect the role of proportionality as a normative constraint on adequate redress. Once this constraint is taken seriously, it becomes clear that the logic of repair is incompatible with the aims of decolonisation.
The introduction opens the book, it offers its argument in short, situates the work in the existing scholarship, and offers a chapter-by-chapter overview of the book.
Hydraulic improvement aimed to abolish recurrent flooding in wetland commons and generate an environment capable of supporting intensive cultivation. In practice, however, the interventions of Dutch engineer Cornelius Vermuyden and his collaborators created new flooding in unfamiliar patterns and places. As communities were left more exposed to risk and less able to adapt or recover, a fraught hydro-politics rippled out of drainage in Hatfield Level, pivoting on disputes over risk and responsibility. Displacing customary methods of water management, improved hydraulic systems generated institutional as well as environmental disruption. In 1635, a new sewer commission was established to manage Hatfield Level as a hydrological unit defined by improvement. Lacking legitimacy, it struggled to control flow, contain disorderly commoners, or compel cooperation from improving landowners. Wetland communities negotiated new risks by adapting customary practices, launching petitioning campaigns, and high-profile destruction of improved infrastructure during the English civil wars. In this context, water management became highly politicised and precariously balanced.
This article addresses and observes the crisis of Western democracy through the lens of the weakness of parties and party government, especially at the European Union (EU) level. Social stratification changes, global trends and ultimately the sustained economic crisis have placed political parties atthe national and the EU level under enormous strain. Moreover, demands posed by the crisis on national governments by the EU have generated conflicting interests of different member states. The resulting development of Horizontal Euroscepticism has made intergovernmental decision making, which has represented the backbone of the EU legitimacy up to now, extremely problematic and has posed the need for rethinking democracy in multi-level Europe, ultimately by strengthening supranational democracy through the creation of a form of party government at the EU level as well.
In their target article, Charity Hudley, Mallinson, and Bucholtz (2020) have raised several issues and suggestions relating to improving racial equality within the scientific field of linguistics. While accepting the general premises of the authors' original article, this response piece offers reasons and suggestions for expanding the scope of the authors' original aims to apply to a broader, global audience. Four main issues are raised as justification and also as measures for expanding the call to action. These are: (i) the fact that the Linguistic Society of America is the flagship linguistics organization not just for US linguists, but for linguists throughout the world; (ii) the global influence and, in association, the responsibility placed on US and North American linguists to serve as trailblazers in our field; (iii) the applicability of the authors' suggestions within different academic settings, and what can be learned from cross-fertilization of ideas across different communities; and (iv) the critical role of English as a vehicle for spreading not only knowledge about linguistics, but also harmful ideologies about race, class, and ethnicity.
Since the end of the Second World War, restitution in Germany – Wiedergutmachung – has been mainly understood as part of state or private law. This book offers a different approach, arguing that authors and artists have also taken up a responsibility for restitution. Deploying the literal translation 'making-good-again', this book focuses on the 'making' of law, literature and visual art to argue that restitution is a practice which is found in different genres, sites and temporalities. The practices of restitution identified are dynamic, iterative and incomplete: they are practices of failure. Nevertheless, in this book, the question of how to conduct restitution emerges as a material question of responsibility asked through the making of texts and objects in different genres, including law. The resulting text is a unique expansion and re-conceptualisation of the practices of jurisprudence, restitution and responsibility in the context of the aftermath in Germany. This title is also available as open access on Cambridge Core.
The book concludes with a chapter which summarises as to consolidate proposals for reorienting the field in practice and research. It calls on readers to rethink and reflect towards accepting responsibility for the failings of dominant approaches. It points in new directions for more reflexive law and torture practice and research.
Popular support for war is widely understood to solidify Britain’s sense of itself in the eighteenth century. This chapter argues that objections to war shape Britain’s identity in the closing decades of the century, as the people are called upon to evaluate the justness of the nation’s acts in war. These acts are understood to be public acts, authored by each and every individual, including those who do not directly wage war. The attention to public responsibility coincides with renewed scrutiny of war’s harms, and the moral urgency of recognising and halting war’s killing animates philosophical essays, sermons, and poems, including works by Jeremy Bentham and Anna Letitia Barbauld. The period’s anti-war arguments foreground concepts of injury and responsibility that anticipate later developments in international law and ongoing discussions in moral philosophy.
In his new book Beyond the Law’s Reach? Shmuel Nili shows how affluent democracies have become entangled with violent autocratic regimes and brutal international cartels, and have thereby become complicit in serious global injustices. This essay asks who bears responsibility for this complicity. It argues that citizens of affluent democratic societies often share responsibility for their own government’s unjust entanglements and explores the conditions under which this holds true. It focuses in particular on the challenge posed by relatively “obscure” injustices, which even well-informed citizens cannot be expected to know about. In addressing these cases, this essay outlines a theory of civic obligation that can help explain when citizens have a duty to take action against government injustice and clarify how much they can be expected to know about their representatives’ wrongdoing.
In this paper, we detail and critique dominant narratives of war crime apologia. These narratives portray the circumstances of a war crime, the perpetrator’s character and motives, and the broader context in which the crime occurred, in ways that minimise or negate the perpetrator’s moral, and sometimes legal, blameworthiness. In section one, we identify and critique three broad categories: (1) individualising narratives (‘uncommon practice’), (2) excusatory narratives (‘essence of war’), and (3) justificatory narratives (‘tragic necessity’). Drawing on a range of real world examples, we outline the features of these narratives and the underlying theory of moral responsibility and blameworthiness on which they implicitly depend. In section two, we elucidate the role of these narratives in the promotion and perpetuation of socially, politically, and legally harmful attitudes towards war crimes. By advancing self-serving perpetrator-centric views about responsibility and blame, these narratives cultivate a cultural and legal toleration and, in some cases, celebration, of atrocity. They also perpetuate a distorted image of war itself, as a space that cannot accommodate moral and legal restraints. This image of war, we argue, weakens the post-Geneva consensus about the reach and limits of battlefield violence and makes the future commission of war crimes more likely. In conclusion, we consider how these narratives could be challenged within military institutions, and in the political and social realm.
The chapter offers an ethnographic study of a court trial of a former judge of Poland’s Constitutional Tribunal, who was accused of lying in his lustration statement about his past links with communist secret services. Through an observation of the court proceedings, analysis of the court file, and life history interviews with the judge, the chapter engages the questions of violence, guilt, and responsibility. In particular, the chapter focuses attention on the notion of “communist guilt” and the subjective effects of public shaming, and highlights the ways in which lustration articulates the entangled problems about socialist-era state violence and neoliberal capitalist violence, around which rightwing populist groups mobilize. In conversation with the work of Iris Marion Young and Hannah Arendt, among others, the chapter suggests a notion of political responsibility to address this entanglement and thinks past the narrowly construed, individualized, guilt-driven understanding of moral and legal responsibility.
The pursuit of social justice in penal matters has regained momentum in Anglo-American criminal law debates. Among the various areas of discussion, a contentious issue is whether the social hardships that contribute to much criminal offending should be considered in the adjudication of criminal responsibility. Against this backdrop, this paper defends the position that chronic – ie long-lasting and ongoing – situations of social adversity can, in principle, warrant consideration in determinations of guilt. It therefore advances a proposal for a situational partial excuse (SPE) applicable to cases where criminal conduct is precipitated by conditions of chronic social adversity that unfairly diminish a person’s opportunity to do otherwise. Importantly, the proposed excuse also accounts for the compounding role of both state and societal neglect in diminishing an individual’s opportunities and resources to avoid wrongdoing. To this end, the paper integrates normative analysis with modern empirical insights into the relationship between adverse social contexts and crime, including through mechanisms of traumatic stress. It then elaborates the theoretical and doctrinal foundations of the SPE, articulates its statutory and evidentiary requirements, and discusses its coherence with core sentencing considerations.
Examining the entangled relations between commodities and kin in Indigenous literature, this chapter presents an Indigenous/non-Indigenous research collaboration in the form of dialogue. The first part of the chapter analyses how two Indigenous memoirs, Maria Campbell’s Halfbreed (1973) and Jesse Thistle’s From the Ashes (2019), critique western commodification by elaborating on concepts of relationality and responsibility. The second part of the chapter analyses the processes of commodification of Indigenous lives for western consumption in the context of climate change, drawing on Cherie Dimaline’s novel The Marrow Thieves (2017) and Robin Wall Kimmerer’s essay collection titled Braiding Sweetgrass (2013). The chapter’s broader contention is that the genre of Indigenous memoir, which often represents Indigenous bodies as ‘anti-commodity’, adds to conceptualisations that aim to redefine relationships of respect and reciprocity between humans and more-than-human beings.
To identify and present (i) how responsibility for poor diets in the UK is framed across the public, mass media and the government and (ii) how groups experiencing socio-economic disadvantage are presented within this framing.
Design:
A scoping review of peer-reviewed literature was conducted using six databases. A systematic narrative synthesis guided by qualitative content analysis was applied to summarise the findings.
Results:
Thirty-six articles were included. Studies exploring public perceptions of poor diets acknowledged personal and broader systems drivers, with individual responsibility predominating across studies. Research analysing media portrayals showed similar patterns of individual responsibility among right-leaning newspapers, which focused on individual lifestyle changes. However, left-wing newspapers highlighted the role of the food industry and the government. Studies analysing government policies identified citizens as the primary agents of change through rational decision-making. Framing from socio-economically disadvantaged groups showed a preference for prioritising their own choice, but were limited by household income, food prices and family food preferences. Policies and media portrayals provided limited emphasis on these populations, with individual responsibility narratives prevailing.
Conclusions:
The framing of responsibility for poor diets in the UK centred on the individual, obscuring the powerful influence of food manufacturers and retailers and the role of government in providing safe, healthy environments for all. This review highlights the urgent need to challenge this narrative, with the public health nutrition community working collectively to force a radical shift in public, media and policy framing and incite strong regulatory action by governments.
How should the responsibility for refugees be distributed among states? While scholars have proposed various sources of responsibility to make the distribution more equitable, they have not provided guidance on how to weigh each principle within a composite scheme. This is an important problem to resolve because the principles often implicate different actors, resulting in distinct distributions of responsibility. Moreover, states are particularly able to obfuscate their level of responsibility when multiple principles exist. To remedy this problem, I specify the range of possible solutions to the weighting problem, based on the principles of liability, community, and capacity. This argument identifies the relative importance of each principle based on the stated goals of a particular framework. These goals include whether the scheme is intended to operate under ideal or non-ideal assumptions, or if it intends to optimize state or refugee interests. By focusing on how to weigh various sources of responsibility, this paper paves the way for scholars to develop determinate schemes that can identify each state’s fair share in contexts where multiple principles apply.
A number of philosophers have recently argued that there is such a thing as ‘epistemic blame’: blame targeted at epistemic norm violations qua epistemic norm violations. However, Smartt (2024) and Matheson and Milam (2022) have recently provided several arguments in favour of thinking epistemic blame either doesn’t exist or is never justified. This paper argues that these challenges are unsuccessful and along the way evaluates the prospects for various accounts of epistemic blame. It also reflects on the dialectic between sceptics and realists about epistemic blame and what choice points are available for moving the debate forward.
This chapter is a short intellectual biography focusing on my interest and engagement in questions of political legitimacy over the years. The chapter is organized into three parts. I begin by discussing how the issue of legitimacy has been one of my key intellectual concerns ever since I started to do research on politics, initially in the context of the study of political and legal regimes in Latin America (Argentina, Chile, and Uruguay). Next, I highlight my understanding of political legitimacy as a responsibility and what this means for the evaluation and judgment of politics. This understanding builds on one of my previous books, Legitimacy and Politics: A Contribution to the Study of Political Right and Political Responsibility. Finally, I focus on how, gradually, in particular in connection with my work with the United Nations (UN), I became interested in the question of political legitimacy at the international level.