Tort Theory and Reparations

Anita Bernstein has a new article on SSRN: "Tort Theory, Microfinance, and Gender Equality Convergent in Pecuniary Reparations."  The abstract states:

Governments around the world have undertaken reparations programs following historically recent experiences of serious human rights violations. This chapter uses tort theory to defend monetary payments as a constituent of national repair. It argues that paying money to victims comports with feminism too.

Once accepted in principle, this measure raises a new question: What is the best way to convey pecuniary reparations in transitional settings? With due heed for the reality that circumstances always vary from country to country, the chapter argues for “microfinance” (as distinguished from “microcredit”) as the preferred mode for transitional governments designing new national reparations programs. The chapter works with, while also trying to deepen, a conventional wisdom that microfinance advances the social and economic status of women.

(Thanks to Feminist Law Prof for the tip). 

-SBS