Pecuniary Reparations Following National Crisis: A Convergence of Tort Theory, Microfinance, and Gender Equality

51 Pages Posted: 5 Feb 2010 Last revised: 18 Feb 2010

Anita Bernstein

Brooklyn Law School

Date Written: October 1, 2009

Abstract

Governments around the world have undertaken reparations programs following historically recent experiences of serious human rights violations. This article uses tort theory to defend monetary payments as a constituent of national repair. It argues that paying money to victims comports with feminism too.

Once accepted in principle, this measure raises a new question: What is the best way to convey pecuniary reparations in transitional settings? With due heed for the reality that circumstances always vary from country to country, the chapter argues for “microfinance” (as distinguished from “microcredit”) as the preferred mode for transitional governments designing new national reparations programs. The article works with, while also trying to deepen, a conventional wisdom that microfinance advances the social and economic status of women.

Suggested Citation

Bernstein, Anita, Pecuniary Reparations Following National Crisis: A Convergence of Tort Theory, Microfinance, and Gender Equality (October 1, 2009). University of Pennsylvania Journal of International Economic Law, Vol. 31, No. 1, 2009. Available at SSRN: https://ssrn.com/abstract=1531836 or http://dx.doi.org/10.2139/ssrn.1531836

Anita Bernstein (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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