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The Handbook of Reparations$
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Pablo de Greiff

Print publication date: 2006

Print ISBN-13: 9780199291922

Published to Oxford Scholarship Online: May 2006

DOI: 10.1093/0199291926.001.0001

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Justice and Reparations

Justice and Reparations

Chapter:
(p.451) Chapter 12 Justice and Reparations
Source:
The Handbook of Reparations
Author(s):

Pablo de Greiff (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199291926.003.0013

This paper seeks to articulate a conception of justice in reparations for victims of human rights violations when the aim is to repair a large number of cases, as opposed to individual, isolated cases. It starts with an effort to establish some semantic clarity by trying to distinguish between two different contexts for the use of the term “reparations”. It discusses some of the problems with merely transplanting the ideal of compensation in proportion to harm from its natural home in the resolution of individual judicial cases, and using it as a standard of justice for massive reparations programs. Instead, it argues in favor of thinking about justice in the context of massive cases in terms of the achievement of three goals, namely, recognition, civic trust, and social solidarity — three goals that are intimately related to justice. Finally, it tries to shed light on the basic trade-offs that accompany some of the choices that have to be made in the process of constructing a comprehensive and coherent reparations program.

Keywords:   justice, compensation, reparations program, recognition, civic trust, social solidarity

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