A Framework for Reparations Claims

13 Pages Posted: 1 Apr 2003  

Keith N. Hylton

Boston University - School of Law

Abstract

These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare different reparations claims in terms of their goals and viability as tort suits. I contrast two approaches observed in the claims: a "doing justice" model, which involves seeking compensation in important cases of uncorrected or uncompensated injustice; and a "social welfare" model that seeks to change the distribution of wealth. Claims under the first category are far more consistent with tort doctrine and likely to meet their goals than the social welfare-based claims.

Keywords: reparations, restitution, slavery, class action, causation, statute of limitations

JEL Classification: K00, K13, K41, K42

Suggested Citation

Hylton, Keith N., A Framework for Reparations Claims. Boston College Third World Law Journal (Symposium issue), Vol. 23, pp. 31-44, 2004. Available at SSRN: https://ssrn.com/abstract=392080 or http://dx.doi.org/10.2139/ssrn.392080

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)

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