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Slavery existed in pre-modern societies throughout the world. While enslaving other peoples in most civilizations was legal, only Western civilization developed a moral revulsion against it. Therefore, the United States dialogue about slavery and reparations should focus on recognizing the 4000 years of slavery that ended through the efforts of abolitionists and their allies. The American abolitionist movement was fueled by a diverse group of individuals, including Quaker abolitionists, women's rights activists, and influential figures like Olaudah Equiano, Frederick Douglass, Sojourner Truth, and Martin Delany. The moral and political philosophies of Kant, Mill, Nietzsche, and Hegel also influenced the abolitionist movement with ideas about the inherent worth and dignity of human beings, individual liberty, and freedom, shaping the abolitionist movement's vision of a future without slavery. This led to a Civil War which was the catalyst for ratifying a U.S. Constitutional Amendment in 1865 that eliminated slavery nationwide. In 2019, discussions resurfaced about reparations for slavery, raising questions about justice, individual responsibility, and the potential impact on social cohesion. [ABSTRACT FROM AUTHOR]

Capp returns to the ideological disparity between historical ideas on Mahgrebi enslavement and its transatlantic counterpart; even "People who endured slavery", we hear, "also failed to condemn slavery and the slave trade" (p. 177). Whilst there was no "typical" experience of captivity, Capp is convincing that there was "evidence of extreme cruelty", countermanding suggestions by other scholars that most captives may have been "well treated" (pp. 39-40). It has become popular, as the entangled histories of enslavement and empire occupy an increasingly prominent position in public historical discourse, for some writers to lean on elements of "whataboutery". [Extracted from the article]

In this article, I offer the opposing view (con-side) against reparations for American slavery, as if in a forensic debate before a moot court: I presume the American public will judge the merits of my opposing arguments. I oppose reparations for slavery based on: 1) the legal standard of culpability, 2) the "cleanhands doctrine, " 3) Black people who were themselves slave owners, and 4) fairness in the administration justice. While anyone else is welcome to argue the pro-side, I argue the con-side of the following proposition: America owes Black Americans reparations because of its history of plantation slavery, which has privileged White Americans economically over Black Americans. I provide a plethora of evidence that reparations and justice are incompatible in the application of American justice. Moreover, any law requiring reparations for slavery could create an unintended liability for far too many Black Americans whose ancestry extends far beyond Sub-Saharan Africa. [ABSTRACT FROM AUTHOR]

Given the urgency of redressing South Africa's unjust legacies of the past, we interrogate the nature of support and opposition to restitution in South Africa. Informed by responses to the nationally representative South African Social Attitudes Survey (SASAS), we contend that South Africa remains deeply polarised when it comes to addressing these unjust legacies, with race being the major fault line. When it comes to restitution, South Africans are worlds apart on three levels. We are worlds apart across racial groups; we are worlds apart within racial groups, and we are worlds apart in the kind of language we wish to use in framing our pursuit of equality. In the final analysis, while South Africans may be unified in the acknowledgement that the inequality gap is too high, and perhaps even unified in a desire for change, there is a fundamental disagreement about the desirable vehicles we hope to employ. [ABSTRACT FROM AUTHOR]

An introduction to the journal is presented in which the authors discuss various articles published within the issue on topics like the reparation movement in the 21st century, the beneficiaries of enslavement, and the role of Rastafari of the Caribbean in the reparatory justice movement.

The article presents a speech by Dorbrene E. O'Marde, delivered at the 9th Regional Conference on Investments and the Capital Markets at the Jamaica Stock Exchange in 2014. Topics include the support by the Antigua and Barbuda government of the Reparations movement, the issue of Reparations for Native Genocide and Slavery, and the reparation as a form of direct foreign investment in the Caribbean region.

Copyright of Social & Economic Studies is the property of University of the West Indies - Mona and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Critical histories of subjects and classifications have unearthed the spatial-temporal situatedness of knowledge organization structures and terminologies. Coming to terms with the cultural foundations upon which our knowledge organizations are built and the ways they change and stay the same means that we also confront difficult truths about epistemic and systemic violence. This paper brings KO scholars into dialogue with critical race theorists, indigenous studies scholars, and queer theorists around conversations about reparations and reparative reading practices. It argues that historical studies that expose processes of exclusion and marginalization reveal the need and possibilities for creating reparative taxonomies. The paper identifies specific cases, including #BlackLivesMatter, indigenous subject headings and classifications, and the Digital Transgender Archive as models for taxonomic reparations. [ABSTRACT FROM AUTHOR]

Copyright of URVIO - Revista Latinoamericana de Seguridad Ciudadana is the property of FLACSO - Ecuador (Facultad Latinoamericana de Ciencias Sociales) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Commemorations and reparations are central elements of the transitional justice agenda. The inclusion of memory-related measures among the steps that states are expected to take along the transitional process has been progressively translated from the transitional justice domain to the language of international law. Judicial and quasi-judicial human rights instances have required states to make and undertake memorials, commemorations and public acts of remembrance, both as an instrument of reparation for the individual victim and as a mechanism to warn against the repetition of the same abuses in the future. As a result of this trend, memory-related measures have progressively become part of the state obligation to provide reparations to victims. The inclusion of memory-related measures in the scope of the international obligation to repair, however, raises some thorny issues. This review of the jurisprudence of the Inter-American Court of Human Rights in relation to memory-related orders and analysis of the case of the memorial El Ojo que Llora in Peru critically assesses the emerging trend of using memory-related initiatives as measures of reparation determined by judicial organs. [ABSTRACT FROM AUTHOR]

The search for historical justice has become one of the defining features of the late twentieth and early twenty-first centuries. So has the consensus about the need to remember the violence of past injustices and its victims. The search for justice is closely related to a focus on remembrance: the striving for justice relies on memories of injustices, and the public remembering of past wrongs is increasingly considered one crucial means of redressing such wrongs. This focus section brings together authors from a variety of disciplinary backgrounds in the humanities and social sciences, ranging from anthropology to law, and from cultural studies to political science. Focusing on post-conflict societies in Africa (Morocco, Rwanda), Asia (Nepal), Latin America (Argentina, Peru, Uruguay) and the Pacific (Solomon Islands), the papers explore aspects of the work of memory in attempts to redress past wrongs and make the present inhabitable. This introduction also extends some of the themes that connect the seven individual papers. [ABSTRACT FROM AUTHOR]

For thirty-three years, victims of international human rights abuses relied primarily upon the Alien Tort Statute to redress their injuries in U.S. courts. In an unexpected move, the Supreme Court in Kiobel v. Royal Dutch Petroleum invoked the presumption against extraterritoriality to upend the deeply entrenched interpretation that the statute applied to claims composed of entirely foreign conduct and foreign parties. Prior to the holding in Kiobel, one federal court went so far as to hold that the Alien Tort Statute applied exclusively to extraterritorial claims. After Kiobel, courts, scholars, attorneys, commentators, and human rights activists are unsure whether or to what extent the Alien Tort Statute applies to extraterritorial human rights abuses at all. This Comment argues that the Alien Tort Statute does still apply to extraterritorial human rights abuses and provides a specific explanation of the extent of its future application. The Kiobel Court concluded its opinion with mysterious dicta discussing hypothetical future claims brought under the Alien Tort Statute and introduced a brand new displacement standard for determining whether those future claims overcome the presumption against extraterritoriality. Immediately following the decision, scholars and commentators pointed to this standard as the best roadmap to applying the Alien Tort Statute to future extraterritorial claims. However, no one knows precisely how to understand it or apply it. Indeed, all three o/Kiobel's concurrences made a point to recognize that the displacement standard fails to provide a clear roadmap for future claims. In the short period of time since the opinion was released, only one scholarly article has waded into the murky waters to make an attempt at it. Even there, the discussion was merely one section of a larger paper, and thus left important questions unanswered. Meanwhile, human rights attorneys embroiled in litigation and federal courts trying to reach well-reasoned decisions are stuck having to wrestle with the enigmatic standard without much guidance. [ABSTRACT FROM AUTHOR]

The article discusses the differences among different kinds of legal wrongs. Topics discussed include the difference between torts and crimes, distinction between torts and other breaches of duty within the law of obligations and various versions of corrective justice theory of tort law. Other topics include difference between civil recourse and civil redress, torts as private wrongs and the civil recourse account of tort law.

This article addresses the racial and temporal formations that render Indigenous suicide comprehensible in legal and representational regimes of reparative justice in settler colonialism. I trace governmental, non-governmental and community responses to suicide and explore biopolitical and necropolitical reparative governance concerning self-harm and suicide among Indigenous peoples in liberal settler states. I argue that the visual and written archive pertaining to suicide and self-harm is a time-space construction that is fused by a 'grammar' of racial difference.2 In particular, I suggest that the frameworks of persistence (continuing despite or because of obstacles) memorialisation form some of the most significant ways in which inquiries and reports characterise the problem of suicide. [ABSTRACT FROM AUTHOR]

The incidence of crimes against Indigenous women in the Americas has a long history in the making, but in remembering this history now, in redressing the invisible violence, in rendering the invisible visible, is how we as community can put a stop to the atrocities. Two Indigenous women academics from north and south America explore the intersections between art, activism and advocacy in this article on missing, raped and murdered Indigenous women in Mexico, Guatemala and Canada. It asks questions and provides examples about how artists, activists and advocates can redress the invisibility of the violence against Indigenous women, violations of their human rights and potentially repair loss. [ABSTRACT FROM AUTHOR]

The article presents information on the Voting Rights Act (VRA) adopted by the U.S. Supreme Court to prohibit redress. It discusses the standards applied to minority groups section 2 challenges and the methods employed to gain protection under the VRA. It overviews the problems that are created by the conflicting views of minority aggregation and puts forward the proposals for accessing the claims of section 2. It suggests an improvement for aggregation of minority groups.

The article focuses on the New Zealand Supreme Court case Haronga v. Waitangi Tribunal which dealt with the powers of the Waitangi tribunals, specifically their ability to return land to native Maori people. Information is provided on the Waitangi Act of 1975 and the exercise of 'clawback' powers in which the tribunal seeks to negotiate for land awards.

For many, the achievement gap is considered the social justice issue of the 21st century. What the average Black student knows upon graduation, the average White student mastered in the 8th grade. Ironically, resolving this issue might begin by addressing one of the more controversial unresolved issues in American history-reparations. Within the Black community alone, there is noticeable variation in how to address the issue of reparations that tend to evoke feelings of anger and morose regardless of the individual position. Outside of the Black community, feelings of guilt sometime accompany the aforementioned feelings. By using the concept of forgiveness and the theory of stereotype threat, it will be argued that the resulting climate created by the current discourse on reparations has a negative impact on the achievement gap. Recommendations for how to address reparations to reduce the achievement gap will be provided. [ABSTRACT FROM AUTHOR]

One means through which reparations can be provided to communities of African descent within America is through the creation and institutionalization of culturally enriching after-school programming, African-centered Saturday schools and independent Black educational institutions. Rather than looking to reparations as merely financial compensation for the descendants of the formerly enslaved, we can look to reparations as they relate to the building of educational infrastructures that will impact future generations of African descendants in America. This essay outlines the psychological and epistemological consequences of miseducation that many students of African descent experience within the Eurocentrically orientated education institutions they attend. The reclamation and revitalization of an African epistemology situates African people within their own cultural reality and allows them to stand firmly grounded in their cultural truth. We propose that reparations allocated through African-centered cultural enrichment programs that refute, counter and correct historical and cultural amnesia are critical as viable means for providing African descended people with the necessary tools needed in order to exist and flourish within the 21st century and beyond. [ABSTRACT FROM AUTHOR]

The Eurocentric position against reparation for African-U.S. people is juxtaposed to the African-centered position for reparation. Nay saying psycho-cultural damage caused by American civilization to African descent people by a racial identity scholar is critiqued. The question Will violence be necessary to bring reparations about? is discussed. [ABSTRACT FROM AUTHOR]

The psycho-cultural decimation of African-U.S. people descended from enslaved Africans at the hands of Caucasian Americans and American civilization itself is described. The processes employed in effecting this decimation are mentacidal and amount to psychological warfare. The results have inferiorized African-U.S. people and as a consequence placed them in extremis. This state of affairs is seen as warranting the crimes against humanity label. The fully 40 psycho-cultural perpetrations visited on the victims are identified and analyzed. Reparations in the domain of psycho-cultural destruction are seen to be in order and must be included in any costing formula along with reparations down payments advocated by the National Coalition of Blacks for Reparations in America (N'COBRA) in the domains of economic development, political prisoners, prisoners in general, education, and individual reparations (payments to individuals). The mental health and social science professions, especially psychology and psychiatry, are entreated to advocate for and participate in reparations payments. [ABSTRACT FROM AUTHOR]

The article focuses on the New Prestwich Memorial Building, an Ossuary building in CapeTown, South Africa and the associated exhibition in the city to reflect on the relationship between life space and burial space in the city. It states that this provides a useful focus for addressing some of the complex issues because this building has been built over the burial space in the city. It also states that it has been constructed to make material reparation for the city's emergency exhumation.

Copyright of Canadian Issues / Thèmes Canadiens is the property of Association for Canadian Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on transitional justice in Colombia as legislated in 2005 in Law 975 Ley de Justicia y Paz (Justice and Peace Law). The author discusses the extent and impact of the law since its inception and comments on the legal process involved in demobilizing both paramilitary and rebel fighters in Colombia. He describes the history of political violence in Colombia and points out Colombia's previous legal attempts to respond to the social and judicial problems generated by this history of abuse of human rights.

Copyright of Revista Crítica de Ciências Sociais is the property of Centro de Estudos Sociais and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Vereinte Nationen is the property of Berliner Wissenschaftsverlag GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A variety of transformative reparation of human rights violations between corrective and distributive justice that relate to articles that apeared in the December 2009 issue of "Netherlands Quarterly of Human Rights" is presented.

The article examines the importance of healing in achieving rightful justice for aboriginal people in Australia. It explores the healing programs and processes that must be embedded in the criminal justice system to help redress some of the injustices and trauma previously inflicted on aboriginal Australians. Moreover, the programs will allow healing of casual factors for the commitment of crimes and victimisation of women, men, and children in aboriginal communities. It emphasizes that healing must be tailored for families, individuals, society and community, which includes partnership with non-aboriginal people as part of Australian history's decolonization. However, it warns that failure to achieve holistic healing into the service system for aboriginal people might deny justice.

How should the law respond to a period of grave injustice in which certain categories of people were systematically deprived of their property rights and what is the impact of the passage of time on restitution issues in dynamic societies? The argument will be made, first, that, irrespective of the passage of time, the implementation of a certain policy of restitution of property rights is a necessary step in the (re-)establishment of a democratic legal order. However, law's function in dealing with past deprivations of property rights will vary with the passage of time. If the lapse of time between the moment of past injustice and the moment of restitution has been relatively short, it is possible to conceive of the restitution process as a problem of corrective justice: as conflicts between original owners of property rights and current owners in `good' or 'bad' faith. After a substantial lapse of time, the financial burden of the restitution process will shift to the collective as a whole and the restitution process will become entangled in redistributive and future- oriented policies. The complexity of law's function in dealing with injustices in the far past will be illustrated with a brief look at the contemporary land restitution process in post-Apartheid South Africa. [ABSTRACT FROM AUTHOR]

During the past several decades, truth commissions and other instruments of "transitional justice“ have risen to prominence. Currently, the business of "dealing with the past“ is booming. This article explores the history of both, the creation and appliance of "past-beating- techniques“. While the 1990's were characterized by a certain euphoria that surrounded truth commissions, the 2000's saw a significant shift towards prosecution as well as the appliance of a diverse set of instruments. This paper focuses on the development of transnational norm-building networks that tend to be more and more institutionalized. Moreover, it shows the necessity of rethinking the debate on "transitional justice“: the debate should take into account that the emergence of powerful nodes within the network structure implies the concentration of resources and discursive power. [ABSTRACT FROM AUTHOR]

The article reports that some German groups have demanded for financial reparations from Poland to partially compensate for Germans' territorial losses after the Second World War. The petition submitted to the European Court of Human rights alleges that Poland committed crimes during the forced evacuation of Germans to Germany in 1945.

The article focuses on the inadequacy of the government of Rwanda in terms of ensuring that women and girls who were sexually abused during the 1994 genocide are given legal redress as well as medical assistance and counseling. It is said that only a small number of sexual abuse cases have been addressed by the regular court and the gacaca systems. It adds that the government has not fulfilled its international obligation to provide compensation for survivors of the genocide including the sexual abuse victims.

The article explains the inadequacies in existing theories of responsibility and the reasons why contemporary citizens in the U.S. owe a duty of repair to contemporary African Americans. Opponents of African American reparations argue that they never owned slaves and they should not be made to pay for those who did. The debate between individual and collective theories of responsibility is discussed, as well as the impact of these theories on the reparations debate.