THE TEMPORAL DIMENSION OF JUSTICE Doctoral thesis submitted for the degree of Doctor of Philosophy at the University of Graz submitted by Santiago Truccone-Borgogno at the Institute of Philosophy First expert assessor: Univ.-Prof. Dr. Lukas H. Meyer Second expert assessor: Univ.-Prof. Dr. Andreas Føllesdal 2021 1 To Romina 2 This page intentionally left blank 3 Acknowledgments This dissertation has been possible due to the support of many people and institutions. I hope to mention, in these lines all those who have so generously contributed in one way or another to this work. I first want to express my gratitude to my supervisor Lukas Meyer, with whom I have repeatedly discussed different parts of this dissertation. I thank him not only for his challenging insights with respect to all the different parts of my work but also for his support and counseling. His guidance immeasurably contributed to my academic and personal growth during my doctoral studies. I am also immensely grateful to my doctoral advisor Timothy Waligore who was always supportive while challenging my views and arguments. Without their guidance and support, this dissertation would not have been possible. A special thanks go to the Austrian Science Fund (FWF) as this work is part of research undertaken in the project “Supersession of Historical Injustice and Changed Circumstances,” funded by the research grant P 30084. Since coming to the University of Graz, I have learnt much about philosophy from my colleagues Laura- García-Portela, Seung Hyun Song, Rutger Lazou, Laura Siggelkow, Eike Düvel, Thomas Pölzler, Harald Stelzer, Norbert Paulo, Elias Moser, Daniel Petz, Pranay Sanklecha, Monica Cano-Abadía, Annika Böddeling, Adriana Placani, Kian Mintz-Woo, Susana Monsó, Jonathan Knutzen, Romina Rekers, Barbara Reiter, Sabine Hohl, Jeroen Hopster and Antoinette Scherz. A special thanks to Anna Klieber, Klemens Wieringer, and Lena Remich, without whose support and help, my first days in Graz would have been more challenging. I would also like to thank Gunter Schüßler, Patricia Hodajeu, Katharina Hiebaum, Benjamin Paul Hofbauer, and Benedikt Namdar for their help in the last stages of the project Supersession. The same goes for Deborah Biging, Daniel Lassnig and Henrike Sannecke. I also benefited greatly from the theoretical discussions I had with them. I am tremendously grateful to Kanita Kovacevic, who helped me countless times with the many issues I had to deal with in moving to Graz and during all these years. I also want to thank my colleagues from the Austrian Climate Research Program (ACRP) project LEXAT: Legitimate Expectations and Austria’s Transformation to a Low-Carbon Society and Economy, financed by the Austrian Klimafonds: Karl Steiniger, Eva Schulev-Steindl, Keith Williges, Miriam Hofer and Stefan Nabernegg. The discussions I had with them definitely improved the quality of this work. I also benefited from discussions with colleagues from the School of Law at the University of Graz. I want to thank to Christian Hiebaum, Matthias Klatt, Wolfgang Benedek, Hector Moralez-Zúñiga, Lisa Sonnleitner and Carolina Alves das Chagas. I benefited further from questions and comments from my students of the course I taught at the University of Graz, The Moral Dimensions of Harm. I would like to especially thank Eduardo Rivera-Lopez for discussing several parts of this dissertation at different events and for hosting me at Torcuato Di Tella University (Buenos Aires) when I was doing research there. I am also indebted to the free and public education system of Argentina. My previous studies at the Córdoba National University, and my previous position at CONICET and at the Center for Legal and Social Research of the Law School of Córdoba National University have undoubtedly contributed to this work. I presented different parts of this work at many conferences, workshops, and seminars in Europe and Latin America. I want to thank the attendees and participants of all of them, but especially thank the participants of the workshop The Temporal Orientation of Justice held at the University of Graz in 2018. Thanks to Jeremy Waldron, Andrei Marmor, Jeff Spinner-Halev, Amy Hondo, Daniel Butt, Burke Hendrix, Gordon Christie, Julio Montero, and Kerstin Reibold. I hope I could incorporate their comments, objections, and criticism in improving this work. Thanks to the members of the United Kingdom Latin American Political Philosophy Network (UKLPPN), and to those of the Research Group of the Article 19 of the Argentinian National Constitution (Córdoba National University) with whom I had discussions that, I hope, have advanced my scholarly work. Special thanks go to, Francisco García-Gibson, Juan Espíndola, Marcelo de Araujo, Maria Victoria Kristan, Juan Iosa, Carlos Villanueva and Jaqueline Brito. I would also like to thank 4 Cecilia Carrizo and Mauricio Berger, who helped me find a venue in Argentina for discussing many of the dissertation topics. The same gratitude goes for Daniel Loewe, who allowed me to discuss the supersession thesis at the University Adolfo Ibañez in Chile. Roberto Gargarella invited me to scrutinize part of my work with constitutional scholars of Argentina in the inaugural event of the Argentinian chapter of ICON-S. During these and other events, I had the opportunity to improve my work thanks to the comments and objections of many people. I want to specially thank to Mariela Tulian, Silvina Ramirez, Leticia Morales, Fernando Lizárraga, Catherine Lu, Esteban Llamosas, Anna Stilz, Ezequiel Monti, Gustavo Beade, Guillermo Lariguet, Andrej Kristan, Emanuel Olivares, Valeria Plaza, Ignacio Giufre, Vladimir Chorny, Liv Nielsen, Santiago Mollis, Isabel Lifante-Vidal, Ignacio Colombo, Josep Aguiló-Regla, Nahuel Maisley, Daniel Gonzales-Lagier, Liliana Ronconi, Cristian Dimitriu, Macario Alemani, Carmen Pavel, Manuel Atienza, Ramiro Moyano, Victoria Roca, Marco Billi, Fergus Green, Leandro Dias, Rodrigo Sanchez- Brígido and Alessandro Pinzani. A special “lockdown” thanks goes out to Lucas Misseri and Anna Bugajska for the remote on-line reunions during the pandemic that became regular bi-weekly meetings in which we discussed our draft papers. I am also incredibly grateful to Suyai Garcia-Gualda, whom I only meet in the last part of the dissertation but whose knowledge about the indigenous peoples in Argentina, particularly about the Mapuce communities, helped me revise many of my earlier arguments and views. My dissertation owes much to their comments. I thank Bruce Straight for editing my English and raising several questions and objections that helped me improve this dissertation. I also thank Otto and Ruth Reisch. During the many months when I was alone in Graz because my wife had to be in another country, they always made sure that I did not lack anything. They have always made my life in Graz easier. I would especially like to thank my parents Marcela and Pablo, my grandparents Esther and Nelso, and my brother Rodrigo. I could not have written this dissertation without their support. It has been almost two years since I have seen them in person, but despite the separation their support has been essential for me. Finally, I would especially like to thank my wife Romina Rekers for her robust and continual support. She was always there – in the difficult times and also in the exceptionally good ones. She helped me in my journey by moving to Graz, making my life unmeasurably happier and being at my side whenever I needed advice or psychological and emotional support. As she is also my colleague, she also helped me a great deal with her sharp and challenging philosophical arguments at various workshops, academic events, and seminars in which I presented my work. Without exaggeration, she has hear and discussed countless times every line of this dissertation. ¡Gracias! 5 This page intentionally left blank 6 This page intentionally left blank 7 TABLE OF CONTENTS Declaration of Authorship .....................................................................................................12 Abbreviations ........................................................................................................................14 INTRODUCTION: THE SUPERSESSION OF HISTORICAL INJUSTICES ............16 I. Redistribution, Compensation, and the Temporal Orientation of Justice.................... 19 II. Challenges to the Supersession Thesis ........................................................................ 23 i. The Conquest of the Desert ......................................................................................... 24 ii. Climate Change and the Distribution of the Remaining Global Carbon Budget ........ 26 III. Outline of the Project .................................................................................................. 29 IV. Principles, Examples, and Reflective Equilibrium ...................................................... 38 V. Critical Morality and Practical Problems .................................................................... 43 1. ON HOW TO JUDGE THE PAST: THE CONQUEST OF THE DESERT .............48 Introduction ............................................................................................................................. 48 I. The Conquest of the Desert ......................................................................................... 49 II. The Denial of the Unjust Character of the Conquest of the Desert ............................. 51 III. Beneficial Consequences Do Not Justify the Conquest of the Desert