Thinking Past Rights: Towards Feminist Theories of Reparations

38 Pages Posted: 23 Oct 2012  

Genevieve Renard Painter

University of California, Berkeley - Department of Jurisprudence & Social Policy

Date Written: 2012

Abstract

The notion of reparations encompasses debates about the relationship between individual and society, the nature of political community, the meaning of justice, and the impact of rights on social change. In international law, the dominant approach to reparations is based on individual rights. This normative framework is out of step with the understanding of reparations circulating among many women activists. I develop a theoretical approach to justice and reparations that helps to explain the gap between the international normative framework and activist discourses. Based on distributive, communitarian, and critical theories of justice, I argue that reparations can be thought of as rights, symbols, or processes. Understanding reparations as either rights or symbols is rife with problems when approached from an activist and feminist theoretical standpoint. As decisions about reparations programs are and should be determined by the political, social, economic, and cultural context, a blueprint for ‘a feminist reparations program’ is impractical and ill-advised. However, the strongest feminist approach to reparations would depart from an understanding of reparations as a process.

Suggested Citation

Painter, Genevieve Renard, Thinking Past Rights: Towards Feminist Theories of Reparations (2012). Windsor Yearbook of Access to Justice, Vol. 30, No. 1, 2012. Available at SSRN: https://ssrn.com/abstract=2165863

Genevieve Renard Painter (Contact Author)

University of California, Berkeley - Department of Jurisprudence & Social Policy ( email )

School of Law
University of California
Berkeley, CA 94720-2150
United States

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