This Means War: A Case for Just Reparations Under the Doctrine of Inalienability

28 Pages Posted: 11 Jun 2018

Date Written: May 12, 2018

Abstract

Descendants of American chattel slaves have remained in a perpetual state of war and de facto condition of slavery because they have not been repaired. The common law doctrine incorporated a right of reparations following the unjust denial of inalienable liberties, and such a right extended to American chattel slaves. Slavery marked the beginning of conflict and its unabated consequences continued the state of war and a de facto condition of slavery far beyond emancipation. The author further argues that the federal government’s connivance in failing to defend and guard slaves’ inalienable liberties made it complicit in the robbery of property rights and answerable to claimants. The author concludes by discussing means by which the federal government may reconcile, repair, and atone for damages it caused to American slaves and their progeny and concludes that the legislative branch is most appropriate to deliver the radical policies required to restore descendants of American chattel slaves.

Keywords: reparations, inalienable rights, Locke, blacks, slaves

Suggested Citation

Gaines, Makiba, This Means War: A Case for Just Reparations Under the Doctrine of Inalienability (May 12, 2018). Regent University Law Review, Vol. 30, No. 2, 2017-2018, Available at SSRN: https://ssrn.com/abstract=3177686

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