THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS
The notion of reparations encompasses debates about the relationship between individual and society, the nature of political community, the meaning of justice, and the impact of rights on social change. In international law, the dominant approach to reparations is based on individual rights. This no...
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| Format: | Article |
| Language: | English |
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University of Windsor
2012-02-01
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| Series: | The Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4358 |
| _version_ | 1827834039813275648 |
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| author | Genevieve Renard Painter |
| author_facet | Genevieve Renard Painter |
| author_sort | Genevieve Renard Painter |
| collection | DOAJ |
| description | The notion of reparations encompasses debates about the relationship between individual and society, the nature of political community, the meaning of justice, and the impact of rights on social change. In international law, the dominant approach to reparations is based on individual rights. This normative framework is out of step with the understanding of reparations circulating among many women activists. I develop a theoretical approach to justice and reparations that helps to explain the gap between the international normative framework and activist discourses. Based on distributive, communitarian, and critical theories of justice, I argue that reparations can be thought of as rights, symbols, or processes. Understanding reparations as either rights or symbols is rife with problems when approached from an activist and feminist theoretical standpoint. As decisions about reparations programs are and should be determined by the political, social, economic, and cultural context, a blueprint for ‘a feminist reparations program’ is impractical and ill-advised. However, the strongest feminist approach to reparations would depart from an understanding of reparations as a process. |
| first_indexed | 2024-03-12T05:43:08Z |
| format | Article |
| id | doaj.art-0767d04f9d4649bd8bc687293fa84b01 |
| institution | Directory Open Access Journal |
| issn | 2561-5017 |
| language | English |
| last_indexed | 2024-03-12T05:43:08Z |
| publishDate | 2012-02-01 |
| publisher | University of Windsor |
| record_format | Article |
| series | The Windsor Yearbook of Access to Justice |
| spelling | doaj.art-0767d04f9d4649bd8bc687293fa84b012023-09-03T05:46:28ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172012-02-0130110.22329/wyaj.v30i1.4358THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONSGenevieve Renard Painter0PhD. Student, University of California-Berkeley, Jurisprudence & Social PolicyThe notion of reparations encompasses debates about the relationship between individual and society, the nature of political community, the meaning of justice, and the impact of rights on social change. In international law, the dominant approach to reparations is based on individual rights. This normative framework is out of step with the understanding of reparations circulating among many women activists. I develop a theoretical approach to justice and reparations that helps to explain the gap between the international normative framework and activist discourses. Based on distributive, communitarian, and critical theories of justice, I argue that reparations can be thought of as rights, symbols, or processes. Understanding reparations as either rights or symbols is rife with problems when approached from an activist and feminist theoretical standpoint. As decisions about reparations programs are and should be determined by the political, social, economic, and cultural context, a blueprint for ‘a feminist reparations program’ is impractical and ill-advised. However, the strongest feminist approach to reparations would depart from an understanding of reparations as a process.https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4358 |
| spellingShingle | Genevieve Renard Painter THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS The Windsor Yearbook of Access to Justice |
| title | THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS |
| title_full | THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS |
| title_fullStr | THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS |
| title_full_unstemmed | THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS |
| title_short | THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS |
| title_sort | thinking past rights towards feminist theories of reparations |
| url | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4358 |
| work_keys_str_mv | AT genevieverenardpainter thinkingpastrightstowardsfeministtheoriesofreparations |