
Image via Huffington Post
REPARATION: the making of amends for a wrong one has done, by paying money to or otherwise helping those who have been wronged (Dictionary.com)
The question of reparations to African-Americans is on the national agenda. This post is not an argument for or against. It is an examination of questions as to how reparations might work. Specifically, these questions—
- What are reparations?
- What would African-Americans be compensated for?
- Who would receive the reparations?
- Who would pay the reparations?
- How much would the reparations be and what form would they take?
Reparations are payments by a government, corporation or other institutions for harm done by a morally or legally wrong action. They resemble the legal principle of legal liability to compensate victims for harm done though negligence or wrongdoing, such as Ford Motor Co. compensating victims of the exploding Pinto. The difference is that reparations are accompanied by an apology and an admission of wrongdoing.
Reparations are compensations for injustice, but they do not, in and of themselves, remove the causes of injustice. They are not intended to be an anti-poverty program.
Reparations for slavery would not, in principle, be a payment by white American individuals to black American individuals.
They would be payments by a continuing entity called the United States, or one of its subdivisions, based on what that entity did to protect and promote slavery.
All citizens, whatever their ancestry, place of origin or time of arrival, are part of that entity and share responsibility for what it did.
The Supreme Court’s interpretation of the Constitution and civil rights laws forbid making legal distinctions based solely on race. So even if you believe that African-Americans as a whole deserve compensation, you can only pass Constitutional muster by showing a line of cause and effect from specific wrongs to specific individuals.
One theory of reparations is that they should go to descendants of American slaves because the trauma of slavery is not limited to just one generation. Slavery is a main reason the descendants of slaves are where they are in American society.
To make that work, you would have to have some method – even a rough one – of identifying those descendants.
Next you would have to determine what form the reparations would take. If it is tp be a cash payment, you would have to have some way of calculating the amount.
One proposal is to take the estimated value of the product of U.S. slave labor and divide it by the number of American families who are descendants of enslaved people. Another is to give each such family the estimated present-day cash value of 40 acres and a mule.
Alternative proposals are for reparations in the form of college scholarships, small-business loans or home financing.
Slavery is not the only wrong for which reparations are called. Redlining is another. The U.S. government refused federal housing loans to black families except in all-black areas, in effect mandating racial segregation.
Some say reparations for redlining should take the form of housing grants or low-interest mortgage loans to present-day residents of the redlined area? If so, should they go to all residents of these areas or just the African-American residents?
Reparations also have been paid to, among others, descendants of black victims of massacres, victims of police abuse and persons involuntarily sterilized as part of eugenics programs. The latter two groups are not exclusively black.
A last question is whether reparations should be once and for all, or whether they should be continuing and open-ended.