Restorative Justice, Slavery, and the American Soul, A Policy-Oriented Intercultural Human Rights Approach to the Question of Reparations.

Source: (2005) Thurgood Marshall Law Review. 31:253-322.

Blevins provides an overview of how past slavery has an effect on present society; reparations have not been paid to the African American community and injustice remains. Reparations, Blevins states, should come in the form of aid, not charity, and that the United States owes reparations to both Africa and African-Americans. The current theories and laws addressing slavery reparations are centered on a litigation approach. This approach is ineffective and inhibits justice from being served. Blevins then discusses the Restorative Justice approach, briefly mentioning the Truth and Reconciliation processes in Africa, the Truth Commission established in Peru, and other Restorative Justice initiatives around the world. The article states that if nothing is done in the United States to address the past and present problems with slavery and racism, these problems will continue. To be successful, the reparations movement must occur within the academic, professional, civic, and religious sectors. Blevins suggests that an African American Redress Commission should be established by the House and Senate. Additionally, a commission would then be established in each district, with the purpose of conducting investigations and research, holding hearings, and holding community forums. The most important aspect of these commissions being the forums because the community would have a chance to be heard and to come up with solutions for the present problem. Each district would then submit a plan to the executive Commission, complete with legislative recommendations, entitled “America’s 21st Century Contract with African Americans.” Blevins ties this whole process to the commencement of slavery in Jamestown Virginia, comes up with an outline of a possible payment plan from the United States government to both African Americans and Africans, and challenges individual States to take action.