47 Pages Posted: 16 Aug 2006
This Article proposes that civil rights plaintiffs pursuing cases against governmental defendants should be entitled to receive court-ordered apologies as an equitable remedy. Part I discusses the importance of apology in American society and concludes that apology is culturally embedded as an essential component of everyday dispute resolution. Part II provides a brief overview of current legal scholarship in the area of apology, including the lack of such scholarship related to court-ordered apologies as a civil remedy. Part III argues that traditional forms of compensation fail to provide adequate relief to civil rights victims because they neglect psychological, emotional, and symbolic injuries. It proposes court-ordered apologies as an effective means of healing psychological wounds, reinforcing norms, restoring social equilibrium, promoting social change, and compelling governmental reform. Part IV anticipates and responds to likely objections to court-ordered apologies, including the misguided notion that public apologies must be sincere to be effective. Finally, Part V provides some guidance in the art of compelled apology.
Keywords: civil rights law, apology, emotion and the law, psychology, remedies
Suggested Citation: Suggested Citation
White, Brent T., Say You're Sorry: Court-Ordered Apologies as a Civil Rights Remedy. Cornell Law Review, Vol. 91, p. 1261, 2006; Arizona Legal Studies Discussion Paper No. 06-28. Available at SSRN: https://ssrn.com/abstract=924500