Chapter

Justice and Reparations

Pablo de Greiff

in The Handbook of Reparations

Published in print March 2006 | ISBN: 9780199291922
Published online May 2006 | e-ISBN: 9780191603716 | DOI: http://dx.doi.org/10.1093/0199291926.003.0013
Justice and Reparations

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This paper seeks to articulate a conception of justice in reparations for victims of human rights violations when the aim is to repair a large number of cases, as opposed to individual, isolated cases. It starts with an effort to establish some semantic clarity by trying to distinguish between two different contexts for the use of the term “reparations”. It discusses some of the problems with merely transplanting the ideal of compensation in proportion to harm from its natural home in the resolution of individual judicial cases, and using it as a standard of justice for massive reparations programs. Instead, it argues in favor of thinking about justice in the context of massive cases in terms of the achievement of three goals, namely, recognition, civic trust, and social solidarity — three goals that are intimately related to justice. Finally, it tries to shed light on the basic trade-offs that accompany some of the choices that have to be made in the process of constructing a comprehensive and coherent reparations program.

Keywords: justice; compensation; reparations program; recognition; civic trust; social solidarity

Chapter.  12840 words. 

Subjects: International Relations

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