Either slavery has done no measurable damage to the descendants of slaves, or. if it has. that there are no individuals in the present generation who are obligated to make payments to them,though the federal government may be responsible for a portion of the damages.

The paper adopts philosophical research methodologies of conceptual clarification, critical analysis, and extensive argumentation. It attempts to jointly employ African metaphysical and epistemological grounds to address the problem of finding appropriate justification for reparations for Africa on the issue of past slavery and slave trade. The paper states that the crux of the problem is how to formulate a coherent theoretical framework, which provides a strong connection between the direct victims of slavery and slave trade and their descendants in (...) Africa, on the basis of which the latter could justifiably claim for restitutive justice against the wrong done to the former. Western traditional accounts usually define reparations such that the concept only intelligibly applies to moral relations among contemporaries, not between the departed and the living. This reasoning, therefore, forecloses any moral relations between the departed and the living, making it morally unjustifiable for the latter to claim for restitutive justice on behalf of the former. However, this study re-thinks the concept of reparations, using two core areas of African philosophy. African metaphysics recognizes that an experiential being is ontologically connected to the other, that is, any other experiential being and spirits, inclusive of ancestors. This relationship also invariably closes the epistemological gap between the experiential and non-experiential worlds, making them a unity within African cosmology. Situated within the present study, the foregoing shows that the living could justifiably claim for restitutive justice on behalf of the departed, the direct victims of slavery and slave trade. (shrink)

This paper focuses on demands for reparations for colonial slavery and their public reception in France. It argues that this bottom-up, context-sensitive approach to theorising reparations enables us to formulate a critical republican theory of international racial justice. It contrasts the critical republican perspective on reparations with a nation-state centred approach in which reparations activists are accused of threatening the French republic’s sense of homogeneity and unity, thus undermining the national narrative on the French identity. It (...) also rejects the liberal egalitarian perspective, which itself rejects reparations in favour of focusing on present disadvantages. In so doing, this paper illustrates how the notion of non-domination offers a superior way of conceptualising global racial injustices compared to more traditional distributive outlooks. (shrink)

An analysis of the case for reparations for American chattel slavery.

The debate concerning the legitimacy of awarding reparations for historical injustices focuses on the issue of finding a proper moral justification for granting reparations to the descendants of the victims of injustices which took place in the remote past. Regarding the case of Romanian communism as a more recent injustice, and analyzing the moral problems entailed by this historical lapse, within this paper I argue that overcoming such a legacy cannot be carried out, as in the case of (...) historical injustices situated more remotely in time, through the means of selective reparations, such as restitutions or compensations. For, even though they are justified from the perspective of rectificatory justice, selective reparations do not fulfill the requirements of social justice. Rather, I argue that the fall of the Romanian communist regime should have been followed by an equal distribution of all properties illegitimately seized by the state, to all adult Romanian citizens at that time, in order to attain the imperative of equal distribution of property among all citizens. The equal distribution thesis is the only way through which the Romanian society could have complied, at that moment of political and social renewal, with the requirements of justice. I also aim at explaining why other principles of justice, which either have or could have been implemented, cannot be properly justified. Finally, I analyze two main objections which could be invoked against my thesis, namely the economic efficiency objection and the legal realist objection. (shrink)

All of these claims for reparations have mobilized popular support, and all share a degree of intuitive plausibility. The challenge to the theorist is to judge whether and which of such demands are grounded in sound principles of political normativity, so as to be able to select out the valid claims and to measure how the urgency of these claims compares with other demands on the public agenda. The most basic question for those considering the justifications of reparations (...) is how to orient their theories within the space of reasons. Do valid claims for reparation rest at the deepest level on reasons we have for redressing a past injustice? Or do they rather rest on reasons we have to improve our current relations so that we can get along better in the future? Are valid reparative demands backward- or forward-looking? (shrink)

This paper focuses on demands for reparations for colonial slavery and their public reception in France. It argues that this bottom-up, context-sensitive approach to theorising reparations enables us to formulate a critical republican theory of international racial justice. It contrasts the critical republican perspective on reparations with a nation-state centred approach in which reparations activists are accused of threatening the French republic’s sense of homogeneity and unity, thus undermining the national narrative on the French identity. It (...) also rejects the liberal egalitarian perspective, which itself rejects reparations in favour of focusing on present disadvantages. In so doing, this paper illustrates how the notion of non-domination offers a superior way of conceptualising global racial injustices compared to more traditional distributive outlooks. (shrink)

Given the basic tenets of just war theory and those of United States law regarding compensatory justice, it is argued that the U.S. invasion of Iraq from 2003-present is morally unjust and that the U.S. owes substantial reparations to Iraq. Imajuci u vidu osnovna nacela pravednog rata, kao i nacela kompenzacijske pravde pravnog poretka Sjedinjenih Americkih Drzava, autor zastupa stanoviste da je americka invazija na Irak, od 2003. godine do danas, moralno nepravedna i da SAD duguju znatnu odstetu Iraku.

Using the infamous research studies in Tuskegee and Guatemala, the article examines the difference between victims and bystanders. The victims can include families, sexual partners, and children not just the participants. There are also the bystanders in the populations who are affected, even vaguely, decades after the initial studies took place. Differing reparations for victims and bystanders through lawsuits and historical acknowledgments has to be part of broader discussions of historical justice, and the weighing of the impact of racism (...) and imperial research endeavors. (shrink)

This paper discusses the pluralist theory of reparations for historical injustice offered by Daniel Butt (Ethical Theory and Moral Practice 24(5):1161–75, 2021). Butt attempts to vindicate purely past-regarding corrective duties in response to Alasia Nuti’s historical-structural model of reparations. I agree with Butt that reparative justice requires both past-regarding and future-looking structural duties. And I agree with him that Nuti’s model leaves out purely past-regarding duties. I argue, however, that Butt does not offer a genuinely pluralist account. I (...) present minimal necessary conditions for past-regarding (corrective) justice and demonstrate that the past-regarding duties Butt advocates do not meet these conditions. The past-regarding duties Butt offers collapse into the kinds of distributive (structural) duties from which he attempts to separate them. Yet, I suggest these shortcomings are instructive and sketch a path forward for a genuinely pluralist account of reparations. A genuinely pluralist account must follow this path in order to vindicate the intuitions that motivate both past-regarding duties and the structural injustice model. (shrink)

Given the basic tenets of just war theory and those of United States law regard- ing compensatory justice, it is argued that the U.S. invasion of Iraq from 2003-present is morally unjust and that the U.S. owes substantial reparations to Iraq.

Two of the most important theories in contemporary liberal egalitarianism are Ronald Dworkin’s equality of resources and Amartya Sen’s capability approach. Recently Dworkin has claimed that Sen’s capability approach does not provide a genuine alternative to equality of resources. In this article, we provide both an internal and an external critique of Dworkin’s claim. In the first part of the article we develop an internal critique by providing a detailed analysis of Dworkin’s claim. Andrew Williams has contested Dworkin’s claim, but (...) he has failed to convince Dworkin of his objections. We analyze this debate, and offer an argument that, we hope, settles this dispute. In the second part of the article we argue that an analysis beyond the current parameters of the liberal-egalitarian debate points to three significant differences between Dworkin’s and Sen’s egalitarian theories: the degree to which they rely on an ideal-theoretical approach; their ability to judge social structures that are intertwined with people’s social endowments; and their endorsement of a well-defined criterion to demarcate morally relevant from morally irrelevant inequalities. This broader analysis not only reinforces our conclusion that Dworkin’s equality of resources and Sen’s capability approach are genuinely distinct, but it also suggests some more general insights that may be relevant for a better understanding of contemporary egalitarian thinking. (shrink)

Over the last two decades, legal scholarship has been catching up with the more than century old calls by black Americans for reparations.1 Tax scholar Boris Bittker (in)famously launched the viability of black reparations into legal scholarship with his now classic monograph, The Case for Black Reparations.2 However, it would take more than twenty years for mainstream legal scholarship to take up the robust and wide-ranging set of questions raised by the possibility of reparations for American (...) slavery.3 In the late 1990s private law scholars leapt into the debate, discussing unjust enrichment and torts-based models of black reparations.4 While these scholars made a variety of distinct arguments, collectively, their model rested on the contention that America had wrongfully expropriated the labor of generations of enslaved African Americans and the result had been systemic unjust enrichment, or a species of mass torts. Grounded in various conceptions of corrective justice, these models conceive black reparations as a set of claims that would be litigated through the courts. Over the ensuing two decades, the private law model has become somewhat of an outlier in reparations discussions, largely set aside in favor of broader, more explicitly political approaches. (shrink)

It is commonly accepted that former European colonising states ought to make reparations for the many harmful legacies of colonialism. I defend an undertheorised case for migration as reparation for one harmful legacy of colonialism in particular, that of exploitation. Making reparations for the harmful legacy of colonial exploitation requires, among other measures, a redistribution of wealth from former colonising states to their former colonies, and for former colonising states to make symbolic reparations, acknowledging the wrong of (...) exploitation. Often it is assumed that the reparative redistribution can occur through in situ monetary transfers, and that symbolic reparations can involve measures such as apologies. But I highlight an overlooked additional option that should be added to the reparative package: migration rights. Firstly, migration would constitute material reparations, as it is well established that migration from poorer to richer states is an effective mechanism of redistributing wealth, both to the individuals who migrate, but also to those who choose not to migrate through remittances. Secondly, offering postcolonial migrants not only the right to work in their former colonising states, but substantive rights, including immediate access to public funds, would be a powerful means of making symbolic reparations, of former colonising states acknowledging that their key institutions are funded with colonially extracted wealth. (shrink)

Despite a significant effort to reduce civilian casualties, a large number of civilians have been killed and injured by the military forces of the Western powers undertaking military operations in remote regions. However, there is no requirement in the just war tradition (JWT) and international humanitarian law (IHL) to provide reparation for the victims of unintended and proportional attacks. This article seeks to establish moral grounds for responsibility to provide reparation for “collateral damage” by focusing on the distinct characteristics of (...) expeditionary intervention and supplementing JWT with the frameworks of corrective justice and restorative justice. We propose that the elective, non-reciprocal, and asymmetrical natures of expeditionary interventions give rise to a special obligation to provide reparation for the civilian harms permitted by the JWT, on the basis of the fair distribution of risks and the need to restore damaged relationships. (shrink)

In 2010, historian Susan Reverby made public her discovery of the now notorious U.S.–Guatemalan S.T.D. experiments. More than 1300 Guatemalans had been intentionally exposed to syphilis, gonorrhea, and/or canchroid in nonconsensual experiments funded by Johns Hopkins, the Rockefeller Foundation, Bristol Myers-Squibb, and Mead Johnson and carried out by the U.S.P.H.S and Guatemalan health officials in collaboration with the Pan American Health Organization in 1946–48. The purpose of the experiments was to help develop more effective means of preventing and diagnosing STDs. (...) Subjects included prisoners, sex workers, military personnel, and psychiatric patients. The experiments included exposure to STDs through... (shrink)

Despite a significant effort to reduce civilian casualties, a large number of civilians have been killed and injured by the military forces of the Western powers undertaking military operations in remote regions. However, there is no requirement in the just war tradition (JWT) and international humanitarian law (IHL) to provide reparation for the victims of unintended and proportional attacks. This article seeks to establish moral grounds for responsibility to provide reparation for “collateral damage” by focusing on the distinct characteristics of (...) expeditionary intervention and supplementing JWT with the frameworks of corrective justice and restorative justice. We propose that the elective, non-reciprocal, and asymmetrical natures of expeditionary interventions give rise to a special obligation to provide reparation for the civilian harms permitted by the JWT, on the basis of the fair distribution of risks and the need to restore damaged relationships. (shrink)

In the present chapter I try to determine to what extent the public policies adopted by Romanian governments following the fall of the communist regime contributed to alleviating the most egregious past injustice, the Holocaust. The measures taken for memorializing the Holocaust will be analysed through the lens of a mixed reparatory justice – relational egalitarian account. Employing such a framework entails a focus on symbolic reparations, meant to promote civic trust, social solidarity, and encourage the restoration of social (...) and cultural capital in societies affected by historical injustices. Such symbolic reparations can include public atonement, changing street names, establishing memorials, funding museums, including Holocaust study in the national curriculum, setting national days for the commemoration of the Holocaust, etc. The need for symbolic reparation has become increasingly clearer in the literature on Holocaust memorialization, and the present paper intends to go a step further, by providing researchers with a theoretical approach that can be used to make better sense of the effects of measures taken as part of the process of Holocaust remembrance. In the chapter I also address the issue of determining who the duty-bearers should be. I argue that there could be several indicators for reparatory justice, including in this case compensation programs and the establishment of institutions that would allow dialogue between descendants of the victims and descendants of the perpetrators, a sine qua non condition for restoring social trust in communities marked by violations of human rights, especially of such a scale as the Holocaust. (shrink)

In Recognizing Wrongs, John C. P. Goldberg and Benjamin C. Zipursky develop and defend “civil recourse theory,” according to which torts are injurious wrongs that give rise to a claim of redress. My discussion extends beyond tort law to explore the ethics of reparations for historical injustice, in particular, regarding the case of Black Americans. I begin by relating the notion of wrongdoing that figures prominently in civil recourse theory to morality. Then I explore the idea that the relevant (...) sort of wrongdoing is relational and injurious, and how this claim applies to historical injustice. Finally, I take up the idea that a redress claim is one a victim is entitled but not obligated to make in order to think about whether the discretionary nature of tort action is empowering to persons who have been wrongfully injured. (shrink)

In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and policing regime (...) in terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing, pervasive structural inequality, and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition. (shrink)

Between 1904 and 1908, German colonialists in German South West Africa (GSWA, known today as Namibia) committed genocide and other international crimes against two indigenous groups, the Herero and the Nama. From the late 1990s, the Herero have sought reparations from the German government and several German corporations for what occurred more than a hundred years ago. This article examines and contextualizes the issues concerning reparations for historical human rights claims. It describes and analyzes the events in GSWA (...) at the time. It further explores whether international humanitarian law and international human rights law today permit reparatations to be obtained. The article therefore examines the origins of international criminal law, as well as international human rights and humanitarian law, to determine whether what occurred then were violations of the law already in force. Finally, the article examines and evaluates the Herero reparations cases, as well as the potential impact of the cases on the wider reparations movement that sees an increasing number of claims for events that occurred during colonial times. (shrink)

The problem of dirty hands is, roughly speaking, concerned with situations in which an agent is faced with a choice between two evils so that, no matter what they do, they will have to violate something of important moral value. Theorists have been primarily concerned with dirty hands choices arising in politics because they are thought to be particularly frequent and pressing in this sphere. Much of the subsequent discussion in the literature has focused on the impact that such choices (...) have on a well-functioning democracy and how, if at all, we can ensure that a politician dirtying their hands does not undermine core democratic values and processes. A particular concern has been whether dirty-handed politicians ought to publicly reveal their actions after the fact and whether they should be held accountable through some form of punishment. The first aim of this paper is to point out that the focus on what is required in the wake of a dirty-handed decision, based on the need to protect the democratic system ought to be balanced with a genuine concern for reparative justice and what is owed to the victims of dirty hands. In the second part of this paper, I then examine the suitability of one common way in which perpetrators partly repair the damage they have done to victims, namely apologizing, in the dirty hands context. (shrink)

Bioethics, Volume 36, Issue 3, Page 235-242, March 2022.

A brief review of Janna Thompson's *Should Current Generations Make Reparation for Slavery?* (2018, Polity Press).

There has recently been a surge of interest, theoretical and political, in reparations for slavery. This essay takes up several moral-political issues from that intensifying debate: how to conceptualize and justify collective compensation and collective responsibility, and how to establish a plausible connection between past racial injustices and present racial inequalities. It concludes with some brief remarks on one aspect of the very complicated politics of reparations: the possible effects of hearings and trials on the public memory and (...) political culture of a historically racist society. The hope is that these arguments, taken together, draft a coherent case for slavery reparations as pursued by the Reparations Coordinating Committee. (shrink)

Philosophers have offered many arguments to explain why historical injustices require reparations. This paper raises an unnoticed challenge for almost all of them. Most theories of reparations attempt to meet two intuitions: (1) Reparations are owed for a past wrong and (2) the content of reparations must reflect the historical injustice. I argue that necessarily no monistic theory can meet both intuitions. I do this by showing that any theory that can meet intuition (1) necessarily cannot (...) also meet intuition (2). This result suggests that a theory of reparations must either sacrifice one of the two intuitions or be pluralist. I argue that we ought to prefer the pluralist over the monistic theory. I sketch the pluralist theory and I defend it by considering an objection about the way it can resolve conflicts. (shrink)

The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a (...) wider variety of historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

This paper describes the reparations programs implemented in Chile from 1990 to 2004. These programs target the victims of human rights violations committed during the military regime. These include the relatives of the missing and executed persons; people who were dismissed from their jobs for political motives; peasants who participated in land reform and were expelled from the land for political reasons; and Chilean exiles returning to the country. Political prisoners and torture victims were considered only in 2003. The (...) creation of the Commission for Political Imprisonment and Torture was followed by a law which provides pensions to political prisoners and torture victims identified by the Commission. Created with different kinds of victims in mind, these programs were based on pensions, social services, educational benefits, and public recognition of the violations of the victims’ rights, monuments, sites of memory, and health assistance, mainly in the form of mental health services. The Program for Reparation and Integral Health Assistance for Victims of Human Rights Violations, created in 1991 and reinforced by a law at the end of 2004, has been the reparation measure for all kinds of victims of human rights violations, including third-generation relatives. (shrink)

This paper sketches an account of reparative justice for climate refugees, focusing on total land loss due to sea-level rise. I begin by outlining the harm of this loss in terms of self-determination and cultural heritage. I then consider, first, who is owed these reparations? Second, who should pay such reparations? Third, in what form should the reparations be paid? I end with thoughts on the project of reparative justice more generally, arguing that such obligations do not (...) depend upon a perfect account of how reparations might be fulfilled; we simply have an obligation to shoot the arrow as close to the target as we can. (shrink)

Injustices of the past cast a shadow on the present. They are the root cause of much harm, the source of enmity, and increasingly in recent times, the focus of demands for reparation. In this groundbreaking philosophical investigation, Janna Thompson examines the problems raised by reparative demands and puts forward a theory of reparation for historical injustices. The book argues that the problems posed by historical injustices are best resolved by a reconciliatory view of reparative justice and an approach that (...) explains how people acquire intergenerational responsibilities and entitlements. It ranges in its subject matter from the claims of indigenous people to land stolen from their ancestors to the growing movement for reparations for slavery. The book provides an original and convincing answer to the questions of how citizens can have reparative responsibilities for wrongs committed before they were born, and why descendants of victims may be entitled to compensation for historical injustices such as slavery. It also explains how members of nations can make recompense for injustices of the past without ignoring the inequities of the present.Taking Responsibility for the Past is a significant contribution to philosophical and legal debates about reparative justice, and at the same time an accessible and thought-provoking book for general readers. (shrink)

The paper assesses current rising reparations claims for the Maafa/ Maangamizi from two angles. First, it explores the connectivity of reparations and global justice, peace and security. Second, it discusses how the claim is justified in international law. The concept of reparations in international law is also explored, revealing that reparations cannot be limited to financial compensation due to the nature of the damage and international law prescriptions. Comprehensive reparations based in international law require the (...) removal of structures built on centuries of illegal acts and aggression, in the forms of transatlantic slavery, colonialism and neo-colonialism. Reparations must also lead to the restitution of sovereignty to African and indigenous peoples globally. They are indispensable to halt the destruction of the earth as human habitat, caused by the violent European cultural, political, socio-economic system known as capitalism that is rooted in transatlantic slavery. (shrink)

Some claim that a commitment to egalitarianism is in tension with support for reparations for historical injustice. This tension appears to arise insofar as egalitarianism is a forward-looking approach to justice: an approach that tells us what kind of world we should aim to build, where that world is not defined in terms of the decisions or actions of previous generations. Some have claimed that egalitarianism thereby renders reparations redundant. One popular option for egalitarians who aim to reject (...) this thesis is to insist that historical injustices demand reparations when they have caused present-day inequality. A promising alternative, skilfully defended by Alasia Nuti in Injustice and the Reproduction of History, is to argue that historical injustices stand in need of repair when they are reproduced into the present-day, such that some past and present injustices are in fact the same injustice. In this paper, I assess these egalitarian responses to the redundancy thesis. I find that Nuti’s account is equipped to reject this thesis, but that the same lines of reply can be adopted by proponents of the causal approach. I suggest that both approaches therefore be viewed as potential ways to conceptualise the relationship between historical injustice and our present normative circumstances; and that in choosing between them, we should understand ourselves to be engaged in an ameliorative project – a project that is guided by, and designed to help us to achieve, our legitimate purposes. (shrink)

Reparations is an idea whose time has come. From civilian victims of war in Iraq and South America to descendents of slaves in the US to citizens of colonized nations in Africa and south Asia to indigenous peoples around the world--these groups and their advocates are increasingly arguing for the importance of addressing historical injustices that have long been either ignored or denied. This volume contributes to these debates by focusing the attention of a group of highly distinguished international (...) experts on the ways that reparations claims figure in contemporary political and social justice movements. Four broad types of reparations claims are examined, those involving indigenous peoples, the legacy of slavery in the United States, victims of war and conflict, and colonialism. In each instance, scholars and activists argue about the character of the injustice for which reparations are owed, why it is important to take these demands seriously, and what form redress should take. The aim is not consensus but to exhibit better the complexity of the issues involved--a goal which the interdisciplinary nature of the volume furthers--as well as the importance of taking seriously both conceptual issues and the actual politics of reparations. (shrink)

Arguments for slavery reparations have fallen out of favor even as reparations for other forms of racial injustice are taken more seriously. This retreat is unsurprising, as arguments for slavery reparations often rely on two normatively irregular claims: that reparations are owed to the dead (as opposed to, say, their living heirs), and that the present generation inherits an as yet unrequited guilt from past generations. Outside of some strands of Black thought and activism on slavery (...) reparations, these claims are widely rejected. I develop an argument for slavery reparations around those foundational claims by adopting the normative framework of Immanuel Kant. On what I call the Basic Argument for slavery reparations, the application of Kant’s retributivist theory of punishment to slavery justifies reparations as a kind of proportional punishment for slavery. I also show that Kant’s philosophy offers reparations theorists resources to overcome several contemporary objections to slavery reparations. (shrink)

Positive law and problems with identifying beneficiaries confine reparations for U.S. slavery to the level of discourse. Within the discourse, the broader topic of rectification can be addressed. The rectification of slavery includes restoring full humanity to our ideas of the slaves and their descendants and it requires disabuse of the false biological idea of race. This is not racial eliminativism, because biological race never existed, but more importantly because African American racial identities and redress of present racism are (...) based on lifeworlds of race in contrast with which the biological idea has been an external imposition. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)