Title

A Framework for Reparations Claims

Authors

Keith N. Hylton, Boston University School of LawFollow

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

Winter 2004

ISSN

0276-3583

Publisher

Boston College Law School

Language

en-US

Abstract

These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare the goals and viability of reparations claims as tort suits. I contrast two approaches observed in the claims: a "doing justice" model, which involves seeking compensation in important cases of uncorrected 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 social welfare-based claims.

Comments

Updated with published version of paper on 9/23/22

Working paper available on SSRN

Recommended Citation

Keith N. Hylton, A Framework for Reparations Claims , in 24 Boston College Third World Law Journal 31 (2004).
Available at: https://scholarship.law.bu.edu/faculty_scholarship/660