Unformatted text preview: on. n17 Why we should rectify our historical injustices ) 2001 Northwestern University Law Review Fall, 2001 Denise C. Morgan* * Professor, New York Law School; B.A., Yale College, 1986 The duty to rectify turns on correlativity, the causal link between the wrongdoer's conduct and the victim's misfortune. n19 The wrongdoer, and only the wrongdoer, has a moral duty to correct the misfortune that results from his or her misconduct. Thus, the central features of corrective justice are misconduct, proximate causation, and rectification within the context of the bipolar relationship between the wrongdoer and the victim. Honoring memories is often part of redressing injustices Elazar Barkan, The Guilt of Nations, 2000 Often, by validating and showing respect for the victims' memory and identity, the very recognition of past injustices constitutes the core of restitution. It is a recognition that transforms the trauma of victimization into a process of mourning and allows for rebuilding. SLHS Value File Justice (distributive/economic)
Under a distributive theory of justice, we should all be equal, thus should balance the playing field ) 2001 Northwestern University Law Review Fall, 2001 Denise C. Morgan* * Professor, New York Law School; B.A., Yale College, 1986 Under a distributive theory of justice, then, equal citizens must receive equal distributions, but any deviation from equality can be justified by the greater or lesser merit of the recipient. Merit can be measured by any fixed criteria that are "chosen in light of, and ... applied to promote, the purpose that a given distribution is intended to realize." n21 While distributive justice does not require the plaintiff to prove the defendant's wrongful conduct in order to receive a remedy, it does require the plaintiff to show that the existing distribution of resources does not reward members of the political community in proportion to the selected criteria of merit. The defendant can defend the existing distribution - and show th...
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- Fall '13