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Legal Settlements as a Form of Cultural Politics: A Moral and Historical Framework for the Right to Reparations

Legal Settlements as a Form of Cultural Politics: A Moral and Historical Framework for the Right... INTRODUCTION' During the preparatory discussions for the World Conference Against Racism (WCAR) in 2001, the demand to rectify historical injustices and to address racism and compensate victims was heard loud and clear. The debate was conducted in moral and political language: both advocates and critics articulated these two types of concern. The political discussion revolved around moral principles and practical matters. Politics may abhor vacuum, yet it fears complexity. Thus the discussion was embroiled in accusations and counter-accusations, with few constructive results. There are no doubt good reasons for the misfortunes of the debate, especially in the few months before September 2001, when the intense conversation triggered overreaction and fears among the opposition and elicited hopes among supporters that could not be fulfilled in the short term. What the papers in this volume show in a very illuminating manner is the multifaceted intricacy of the situation. The debate is far too complex to elucidate by a few simple universals, or to reach an end result within a short period of time. The following comments are presented with the aim of articulating general principles that would provide a mechanism for negotiating a compromise regarding reparation and restitution for historical http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights in Development Online Brill

Legal Settlements as a Form of Cultural Politics: A Moral and Historical Framework for the Right to Reparations

Barkan, Elazar
Human Rights in Development Online , Volume 7 (1): 22 – Jan 1, 2001
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0801-8049
eISSN
2211-6087
DOI
10.1163/221160801X00171
Publisher site
See Article on Publisher Site

Abstract

INTRODUCTION' During the preparatory discussions for the World Conference Against Racism (WCAR) in 2001, the demand to rectify historical injustices and to address racism and compensate victims was heard loud and clear. The debate was conducted in moral and political language: both advocates and critics articulated these two types of concern. The political discussion revolved around moral principles and practical matters. Politics may abhor vacuum, yet it fears complexity. Thus the discussion was embroiled in accusations and counter-accusations, with few constructive results. There are no doubt good reasons for the misfortunes of the debate, especially in the few months before September 2001, when the intense conversation triggered overreaction and fears among the opposition and elicited hopes among supporters that could not be fulfilled in the short term. What the papers in this volume show in a very illuminating manner is the multifaceted intricacy of the situation. The debate is far too complex to elucidate by a few simple universals, or to reach an end result within a short period of time. The following comments are presented with the aim of articulating general principles that would provide a mechanism for negotiating a compromise regarding reparation and restitution for historical

Journal

Human Rights in Development Online – Brill

Published: Jan 1, 2001

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