13 Pages Posted: 1 Apr 2003
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: 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