Group (Non) Identity and Historical Justice

The Non-Identity Problem (NIP) has been recognized as a hindrance in justifying compensation for historical injustice. Since NIP applies to individuals, an attractive way of trying to remove the obstacle is by shifting the focus from the allegedly harmed individuals to the harmed group. However, critical examination of this move shows that (a) there are groups—most conspicuously African Americans—who were created by the unjust wrongs for which compensation is now claimed and hence fall under the same category as any wrongful life case on the individual level, and (b) even when the group already existed when the wrongs were perpetrated, with the long passage of time it changed its identity in the narrative sense, which means that its contemporary members are attached to it as it is defined today but not as it was when the wrong was done. The paper suggests, therefore, that the Group Non-Identity Problem (GNIP) is the parallel impediment to that of NIP in doing historical justice to social groups which were maltreated in the past.