Claire Moon, Social & Legal Studies, June 2012; 21 (2)
Claire Moon’s paper ‘Who’ll Pay Reparations on My Soul? Compensation, Social Control and Social Suffering’ was published in a special issue of Social & Legal Studies, summer 2012.
The issue publishes the proceedings of a workshop entitled ‘Repairing Historical Wrongs’ held at the Wilberforce Institute for the Study of Slavery and Emancipation at the University of Hull in September 2010. The workshop was attended by an international and multi-disciplinary cohort of scholars to investigate the various legal, ethical and political dimensions of attempting to repair serious acts of injustice committed by previous generations and/or political regimes.
Contemporary debate about compensation for past wrongs turns on the assumption that state reparations benefits the victims of atrocity by acknowledging harm and ameliorating victim suffering. Indeed, much recent theoretical and practical work has concurred to establish reparation to victims of state crimes as a cornerstone of human rights. However, this article argues that reparation can also function to placate victim demands for criminal justice and to regulate the range of political and historical meanings with which the crimes of the past are endowed. This is most evident in transitional political contexts in which gestures of reparation are usually concomitant with the inauguration of new political orders, and formal investigations of past atrocity are conditioned by the balancing of the political demands of new and old regimes. This article argues that in such contexts, state reparation can work to control social suffering with the consequence that it sometimes intensifies rather than alleviates it. To evidence this claim, the article investigates the refusal of reparations by the victims towards whom it is addressed, with reference to Argentina’s Madres de Plaza de Mayo. This analysis of their refusal demonstrates how victim groups make important challenges to some of the core assumptions in the field, reveals internal inconsistencies within the analytical architecture of the scholarly and professional discourse, and indicates the ways in which reparations carry political, and not just palliative, significance.
Claire had also previously presented the research on which the paper is based at a number of invited lectures and workshops at the Institute of Criminology and Criminal Justice, Queen’s University Belfast, Leiden University College, The Hague, and the Cambridge Law Faculty, Cambridge University.