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Giving the Dead Their Due*

Social injustices leave legacies that outlive their immediate victims. The victims’ descendants often argue that reparations are owed for these injustices, and these arguments are not always unheeded. Eight Sioux tribes were awarded $105 million by the U.S. Supreme Court in 1980 as reparations for lands seized in the Black Hills in 1877. Holocaust victims and their descendants have received reparations from Germany and Swiss banks and corporations complicit in the Holocaust. Other cases have been less successful, but not obviously because they have less merit. In 1969, James Forman demanded that various religious institutions owed $500 million to African-Americans for their role in slavery. More recently, Representative John Conyers has argued for the establishment of a committee to explore reparations for slavery. Conyers has pushed for such a committee every year since 1989 to no avail. Such demands should not be dismissed out of hand. In light of familiar difficulties plaguing existing approaches, I propose an unorthodox alternative account. On the proposed account, reparations are owed to the dead.