Boston College Law Review Volume 47 Article 1 Issue 4 Number 4
7-1-2006 Fixing A Hole: How the Criminal Law Can Bolster Reparations Theory Eric L. Muller
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Recommended Citation Eric L. Muller, Fixing A Hole: How the Criminal Law Can Bolster Reparations Theory, 47 B.C.L. Rev. 659 (2006), http://lawdigitalcommons.bc.edu/bclr/vol47/iss4/1
This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. FIXING A HOLE: HOW THE CRIMINAL LAW CAN BOLSTER REPARATIONS THEORY
ERIC L. MULLER*
Abstract: High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be con- demned as injustices. These authors argue that such condemnation un- fairly imposes modern standards on historical actors. Until now, the re- dress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such re- visionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initi- ate a dialogue regarding how to approach the task of defining a historical injustice. The Article draws an analogy to the criminal law's "cultural de- fense," proposing a framework by which legal scholars may fairly judge the wrongdoing of historical actors. Although the analogy between for- eign cultures and historical eras is imperfect, it presents a useful starting point to stimulate critical discussion about how best to address the grow- ing structural weakness in the foundation of reparations theory.