Oregon Law Review : Vol. 86 No. 1, p. 099-160 : Reconciliation and Nonrepetition: A New Paradigm for African-American Reparations
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Datum
2007
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University of Oregon School of Law
Zusammenfassung
The contemporary paradigm for African-American
reparations fundamentally fails to address what should be
its most vital component. Of the three essential elements of a
successful reparations campaign–apology, award, and
nonrepetition through reconciliation–the most vital is
nonrepetition. In past “successful” reparations campaigns, the
offending parties have issued apologies and awards, but have
neither challenged nor dismantled the attitudes or
infrastructures from which wrongful acts emerged, leaving open
the likelihood of wrongful acts occurring again. Any campaign
that neglects the nonrepetition element runs the risk of
strengthening the status quo. In this Article, Professor Burkett
argues that in order for a reparations campaign to be a true
success for African-Americans, it must include a nonrepetition
element. To do so, the reparations movement must embrace a
reconciliation model that is forward looking, and concerned with
the methods of deterring future bad acts for ultimate, complete,
and successful repair. In the current discourse on African-American reparations, Professor Burkett argues, nonrepetition
through reconciliation is woefully underemphasized. The
incorporation of the nonrepetition element is particularly
important in the American context. From the nation’s earliest
days, the American political and economic landscape has
evolved in a particularly pernicious manner, creating and
entrenching a racial and economic hierarchy that persistently
subjugates African-Americans and other of-color and lowincome
communities. Professor Burkett argues that in this
context, a multiracial, multiethnic, and cross-class reconciliation
model is vital to the success of the African-American campaign.
This broad-based approach, the author maintains, is the only
way to ensure nonrepetition.
Beschreibung
62 p.
Schlagwörter
Zitierform
86 Or. L. Rev. 99 (2007)