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Chapter Eleven - The Unconscionable Impossibility of Reparations for Slavery; or, Why the Master's Mules Will Never Dismantle the Master's House

from Part III - Inequality and/as Injury

Published online by Cambridge University Press:  24 February 2018

Anne Bloom
Affiliation:
University of California, Berkeley
David M. Engel
Affiliation:
State University of New York, Buffalo
Michael McCann
Affiliation:
University of Washington
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Summary

The history of legal advocacy for slavery reparations is a history of failure. Slaves and their descendants have repeatedly sought compensation for the horrific harms inflicted on them. These efforts, beginning even before the end of slavery and continuing to the present day, have often employed the language and tools of law. And yet, over the 150 years since the end of slavery, no compensation has been paid; the fabled “forty acres and a mule” were never delivered. This chapter discusses the curious unwillingness of the legal system to provide compensation for the harms of slavery. Ultimately, the chapter concludes that the failure of law in this area—the impossibility of reparations—is no accident. Rather, the legal system is doing what it was always designed to do. Law itself is a social construct designed by societal elites to protect elite interests, and the master’s tools will never dismantle the master’s house.
Type
Chapter
Information
Injury and Injustice
The Cultural Politics of Harm and Redress
, pp. 248 - 266
Publisher: Cambridge University Press
Print publication year: 2018

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