Documente Academic
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Documente Cultură
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Contents
1
2.1
Opening Words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.2
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.3
Framing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.4
Affirmative Arguments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
2.5
Negative Arguments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
2.6
Final Thoughts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
15
3.1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
3.2
16
3.3
23
3.4
29
3.5
37
42
4.1
42
4.2
50
4.3
53
4.4
60
4.5
63
4.6
Final Words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68
69
5.1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
5.2
71
5.3
74
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2.2 Background
To be absolutely clear, racism is still a very pervasive issue in todays America. While there are
those who believe that slavery was an issue of the past, the mindset that was perpetuated still very
much persists in the policies of today. Therefore, it is prudent to approach the resolution with the
implicit mindset that one of many objectives at hand is to ameliorate the consequences of racist
policies, both past and present, while preventing the continuation of racism for the future.
That being said, it would be wise to also have a general understanding of just how exploitative
slavery was in the past. Ta-Nehisi Coates explains:1
The wealth accorded America by slavery was not just in what the slaves pulled from
the land but in the slaves themselves. In 1860, slaves as an asset were worth more
than all of Americas manufacturing, all of the railroads, all of the productive capacity of the United States put together, the Yale historian David W. Blight has noted.
Slaves were the single largest, by far, financial asset of property in the entire American economy. The sale of these slavesin whose bodies that money congealed,
writes Walter Johnson, a Harvard historiangenerated even more ancillary wealth.
Loans were taken out for purchase, to be repaid with interest. Insurance policies were
drafted against the untimely death of a slave and the loss of potential profits. Slave
sales were taxed and notarized. The vending of the black body and the sundering of
the black family became an economy unto themselves, estimated to have brought in
tens of millions of dollars to antebellum America. In 1860 there were more millionaires per capita in the Mississippi Valley than anywhere else in the country.
Even after the abolition of slavery following the Civil War, it was clear that African Americans still
faced many problems. In fact, the problems that occurred following emancipation were largely
due to complacency. Lawrie Balfour gives us historical context:2
Writing in the shadow of a deep disappointment, Du Bois ([1903] 1997, 40) apprehends the paradox of formal equality: The guarantees of the Thirteenth, Fourteenth,
and Fifteenth Amendments, though incalculably precious, engendered a kind of public forgetfulness about slavery and fed the Southern fury against the former slaves.
The War Amendments, he observes at the turn of the twentieth century, made
1Coates, Ta-Nehisi. The Case for Reparations. The Atlantic. Atlantic Media, Jun. 2014. Web. 24 Aug. 2015.
http://www.theatlantic.com/magazine/archive/2014/06/the-case-for-reparations/361631/
2Balfour, Lawrie (Asst. Prof. of Politics, University of Virginia). Unreconstructed Democracy: W. E. B. Du
Bois and the Case for Reparations. American Political Science Review, Feb. 2003. Web. 25 Aug. 2015.
http://www.jstor.org/stable/3118219?seq=1# page_scan_tab_contents
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2.3 Framing
Now that we have confronted the ugly truth, we should discuss the technical nuances of within
the debate space. Like I said before, this resolution offers a lot of new experiences for even the
most seasoned of Public Forum debaters. For starters, the use of the word ought will pose to be a
huge obstacle to overcome for many teams in the coming months. Heres what Merriam-Webster
has to say about the words definition:3
3ought. Merriam-Webster.com.
webster.com/dictionary/ought
Merriam-Webster, 2015.
Web.
25 Aug.
2015.
http://www.merriam-
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David
12
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1Deontological Ethics. Stanford Encyclopedia of Philosophy. Stanford University, 12 Dec. 2012. Web. 27 Aug.
2015. http://plato.stanford.edu/entries/ethics-deontological/
14
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3.1 Introduction
Before diving into arguments, lets lay out a few observations about the topic, which is Resolved:
The United States Federal Government ought to pay reparations to African Americans.
Two things to note.
First, ought is a buzzword. Most public forum debate resolutions ask whether an actor should
do something, or whether an actions benefits outweigh its costs. While theres no real denotative
difference between the words should and ought, the debate community has assigned conventional significance to the latter. In PF, most resolutions lend themselves to debates that assume
a decision making paradigm roughly following pragmatic utilitarianism (i.e. every weighable argument links back to lives and/or money). But ought encourages debaters to explore different
paradigms and think deeply about governments moral obligations. So, the strongest debaters will
build frameworks that describe governmental morality before diving into the reparations debate.
Second, while the resolution is large, most affirmative advocacies will likely be small. In a forthcoming article for Briefly (the Victory Briefs blog), I track PF rules and resolution writing trends
and argue that the way topics are being written makes the events rules nearly meaningless. Essentially, while debate topics are getting more and more general, the events rules have been stripped
down to the essentials - what a resolution is, the time allocations and expectations for each speech
and crossfire, and a rule prohibiting plans. But how can this resolution be debated without a specific advocacy? And what even constitutes a formalized proposal? Even teams advocating to
repair for slavery, the most commonly written about argument on the topic, will be making the
15
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Brophy, Alfred L. 2006. Reparations: pro & con. Oxford [England]: Oxford University Press.
Alfred L. Brophy, The Cultural War over Reparations for Slavery, 53 DePaul Law Review 1181-1213, 1182-1184
(Spring 2004) http://academic.udayton.edu/race/02rights/repara29a.htm
Ta-Nehisi.
2014.
The
Case
For
Reparations.
The
Atlantic.
Coates,
http://www.theatlantic.com/magazine/archive/2014/06/the-case-for-reparations/361631/.
H.R. 40:
Commission to Study Reparation Proposals for African-Americans Act.
GovTrack.
https://www.govtrack.us/congress/bills/114/hr40
19
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11Lehrer, Jonah.
2015.
Do Political Experts Know What Theyre Talking About?.
WIRED.
http://www.wired.com/2011/08/do-political-experts-know-what-theyre-talking-about/.
12Silver, Nate. 2012. The signal and the noise: why so many predictions failbut some dont. New York: Penguin
Press.
22
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21Redmond, Helen. 2014. Should the Victims of the War on Drugs Receive Reparations? Pacific Standard.
http://www.psmag.com/health-and-behavior/victims-war-drugs-receive-reparations-93194
22Carson, Ann and Gollineli Daniella. 2012. Prisoners in 2012 - Advance Counts. Bureau of Justice Statistics.
http://www.bjs.gov/content/pub/pdf/p12ac.pdf
23Redmond, Helen. 2014. Should the Victims of the War on Drugs Receive Reparations? Pacific Standard.
http://www.psmag.com/health-and-behavior/victims-war-drugs-receive-reparations-93194
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2Goodin, Robert. Utilitarianism as a Public Philosophy, Cambridge University Press, 2010, pp. 63-64
3Luhby, Tami.
2015.
5 Disturbing Stats On Black-White Financial Inequality.
CNN Money.
http://money.cnn.com/2014/08/21/news/economy/black-white-inequality/.
30
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3Teachers College: Columbia University,. Education As A Tool For Breaking The Cycles Of Poverty, 2008.
http://www.tc.columbia.edu/news.htm?articleId=6762
3Boxill, Bernard, Black Reparations, The Stanford Encyclopedia of Philosophy (Spring 2011 Edition), Edward N.
Zalta (ed.), http://plato.stanford.edu/archives/spr2011/entries/black-reparations/.
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Reconstructionthe final judicial nail in its historical coffi n. Far worse were
its social and historical consequences, for the decision legitimized legal segregation.
Plessy was a pact with the devil of Jim Crow, and it legitimatized the American
apartheid of systemic segregation. Plessys separate but equal doctrine was an oxymoron. Yet, as the supreme law of the law, it held sway for well over a half-century.
It would take the Brown decision to successfully overturn it. Brown v. Board of
Education exposed the Plessy decision as a contradiction, ruling that separate but
equal is inherently unequal.3
But Supreme Court Justices are not elected officials. And todays taxpayers did not vote in the
President who appointed the Plessy justices. So todays taxpayers cannot be culpable for Plessy.
Affirmatives will fall back and argue that modern day defacto segregation (as opposed to Plessy
allowed dejure segregation) implicates whites. But modern day segregation is not structural; it is
the highly unfortunate result of a collective action problem and the consequence of the disparity
in the quality of schools between predominantly white and predominantly black neighborhoods.
2McWhorter, John. 2015. No Consensus on Need or Possible Results of Reparations. New York Times.
http://www.nytimes.com/roomfordebate/2014/06/08/are-reparations-due-to-african-americans/who-would-payfor-reparations-and-why
3Buck, Christopher. 2010. Plessy vs. Fergusonhttp://christopherbuck.com/pdf/Buck_2010_Plessy_Ferguson.pdf
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Ibid
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4.1.1 Extensions
People will dismiss reparations as a gift to African Americans, destroying the success of the
reparation.
Jelani Cobb, the New Yorker
Even in early 2008, at that heady moment when the thought of a black President became a real possibility, there was a cynical murmur among African Americans that
Obamas electionlike so many other examples of putative racial progress would be
widely understood as a kind of gift to black people. Jonathan Chait, of New York, betrayed that tendency earlier this spring, in the midst of a heated debate with Coates
on the subject of black pathology. Chait argued, from on high: It is hard to explain
how the United States has progressed from chattel slavery to emancipation to the end
of lynching to the end of legal segregation to electing an African-American president
if America has rarely been the ally of African-Americans and often its nemesis. It
is one thing to notice the persistence of racism, quite another to interpret the history
of black America as mainly one of continuity rather than mainly one of progress.
This kind of rhetoric is akin to an abusive husband who cites the number of times
he stopped beating his wife as a testament to his own high character. The tendency,
in selective recollections of history, is to choose the version that looks most like an
alibiand it is for this reason that the conversation Coates has restarted is not really about reparations. It is, more fundamentally, about acknowledging the bastard
history that would warrant reparations in the first place.
Cobb, Jelani. What We Talk About When We Talk About Reparations. The New Yorker. The New Yorker,
29 May 2014. Web. http://www.newyorker.com/news/daily-comment/what-we-talk-about-when-we-talk-aboutreparations
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Muwakkil, Salim. Revisiting Reparations. In These Times. In These Times, 13 July 2014.
http://inthesetimes.com/article/16948/revisiting_reparations_marshall_plan
Web.
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Alfred L. Brophy, The Cultural War over Reparations for Slavery, 53 DePaul L. Rev. 1181 (2004)
http://via.library.depaul.edu/law-review/vol53/iss3/10
Flaherty, Peter. The Case Against Slave Reparations. NLPC. National Legal and Policy Center, Oct. 2004. Web.
http://nlpc.org/sites/default/files/Reparationsbook.pdf
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The much-lauded piece set a single day traffic record for a magazine article on Atlantics Web site, and the attention it has garnered has given Coates a greater forum
to wrestle with questions of identity both blackness and whiteness. The print edition shattered the magazines previous best sales figures at Barnes and Noble, where
many stores sold out within days.
This entire article explains how Coates came into the spotlight with this article about reparations,
and how the article allowed the discussion about reparations to be uncovered.
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1Racism and Human Rights: An Approach to Reparations. Human Rights Watch. Human Rights Watch, n.d. Web.
https://www.hrw.org/legacy/campaigns/race/reparations.htm
1Mishael A. Danielson and Alexis Pimentel, GIVE THEM THEIR DUE: AN AFRICAN-AMERICAN REPARATIONS PROGRAM BASED ON THE NATIVE AMERICAN FEDERAL AID MODEL, 10 Wash. & Lee Race &
Ethnic Anc. L. J. 89 (2004). http://scholarlycommons.law.wlu.edu/crsj/vol10/iss1/7
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4.2.1 Extensions
Doak of Durham University1
Just as many transitional justice mechanisms have often failed to deliver effective
participation for victims, their efforts to provide effective redress to victims have also
fallen short on occasion. The nature of the difficulties present in many post-conflict
societies mean that the reparatory ideal is often difficult to obtain in practice owing to
the complexities of transitional environments, the scale and seriousness of the acts
committed; the blurred line between victims and offenders and the large numbers
typically involved in the conflict (Clamp, 2013).
Kora Andrieu in the Online Encyclopedia of Mass Violence1
Indeed, reparations in the aftermath of mass violence can be considered as trivial,
incommensurate with the horrors they are supposed to compensate for: no price
can be put on peoples suffering, and the attempt to monetarize a mass atrocity is
always morally problematic, as the debate over the restitution of Jewish goods and
reparations for the Holocaust has shown (Colonomos, 2001). There should not be
anything in a reparation program that invites either their designers or their beneficiaries to interpret them as an effort to put a price on the life of victims or on the experiences of horror, warns Pablo De Greiff (De Greiff, 2006a: 466). Indeed, how much
money is ones life worth? How does one materially compensate for the life of ones
children, ones arm, or ones sight? Incommensurability is one of reparation policies
main problems. Moreover, money shifts the issue from a moral to an interest-based
dimension, and thus risks raising ambiguities about the victims real motivations,
creating a victims competition (Chaumont, 2002). Asking for money inevitably
raises doubts about the victims intentions, something that was particularly prejudicial in the case of Jewish class actions, as greed is a commonly used anti-Semitic
argument. Money also has the effect of de-singularizing the event, of rendering it
ordinary. Reparations without truth-telling or prosecution measures could be seen
by victims as an attempt by the state to buy their silence. Reparative justice without
any attempt to reform institutions or punish perpetrators to prevent the recurrence
1Doak, Jonathan. Durham Research Online.
Durham University, 20 Apr.
2015.
Web.
http://dro.dur.ac.uk/15144/1/15144.pdf?DDC117+DDC71+DDD19+zfpx67+d700tmt
1Andrieu, Kora. Transitional Justice: A New Discipline in Human Rights.Online Encyclopedia of Mass Violence.
Online Encyclopedia of Mass Violence, 3 Mar. 2015. Web. http://www.massviolence.org/Transitional-Justice-ANew-Discipline-in-Human-Rights
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4.3.1 Extensions
Eric Yamamoto in the Boston College Third World Law Journal23
There are other examples of the reparations dilemma. In 1970 James Forman interrupted Sunday services at the Riverside church in New York to demand 500 million
dollars from Americas churches and synagogues for the oppression of blacks. He demanded the beginning of the reparations due us as people who have been exploited
and degraded, brutalized, killed and persecuted. The backlash against Forman and
his Black Manifesto was swift and strong. Many were appalled at the idea. Others,
who agreed in concept, criticized Formans tactics. Among this latter group were
21Alfred L. Brophy, The Cultural War over Reparations for Slavery, 53 DePaul Law Review 1201-1211 (Spring 2004)
http://academic.udayton.edu/race/02rights/repara29c.htm
22Bertrand, Marianne. Racial Bias in Hiring. Chicago GSB | Capital Ideas. UChicago Booth School of Business,
Spring 2003. Web. http://www.chicagobooth.edu/capideas/spring03/racialbias.html
23Eric K. Yamamoto, Racial Reparations: Japanese American Redress and African American Claims, 19 B.C. Third
World L.J. 477 (1998), http://lawdigitalcommons.bc.edu/twlj/vol19/iss1/13
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The transformative potential of reparations is therefore linked, ironically, to dissatisfaction and risk. Reparations for some does not necessarily presage reparations for
deserving others. Reparations for one group may stretch the resources or political
capital of the giver, precluding immediate reparations (or enough reparations) for
others. The very dynamic of reparations process, even where salutary for recipients,
can generate backlash and disappointment.
The third aspect of the underside of reparations process is the ideology of reparations. Reparations ideology is illuminated by Derrick Bells interest-convergence thesis. Bells thesis suggests that dominant groups only recognize rights of minorities
when the recognition of those rights benefits the dominant groups larger interests.
That is, a government will rarely simply do the right thing; rather, it is likely to confer reparations only at a time and in a manner that furthers the interests of those in
political power.
Reparations alienate the black population by making them seem different from everyone
else. In fact, even some reparations advocates publish language that is inherently racist.
William Grigg in RaceMatters2
Irrespective of geographic considerations, the reparations campaign like the
black nationalist movement that spawned it is intended to convince black Americans that they are inescapably part of a racial collective to which the United States,
its Constitution, and its culture are incurably alien. This point is made forcefully
and repeatedly by Randall Robinson in The Debt. Robinson [, a reparations advocate] maintains that blacks have no chance for significant group progress in the
United States, because we have been largely overwhelmed by a majority culture that
228. William Norman Grigg, The True Cost of Reparations, The New American, Vol. 17, No. 4, February 12, 2001.
http://www.racematters.org/reparations.htm
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32Olson, Walter. So Long, Slavery Reparations. Los Angeles Times. Los Angeles Times, 31 Oct. 2008. Web.
http://articles.latimes.com/2008/oct/31/opinion/oe-olson31
The World Bank,
n.d.
Web.
33GDP (current US dollars). The World Bank.
http://data.worldbank.org/indicator/NY.GDP.MKTP.CD
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3Frum, David. The Impossibility of Reparations. The Atlantic. Atlantic Media Company, 03 June 2014. Web.
http://www.theatlantic.com/business/archive/2014/06/the-impossibility-of-reparations/372041/
3Frum, David. The Impossibility of Reparations. The Atlantic. Atlantic Media Company, 03 June 2014. Web.
http://www.theatlantic.com/business/archive/2014/06/the-impossibility-of-reparations/372041/
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The payment of reparations is based on established legal principles, and there are
precedents both in the United States and internationally (Allen, 1998). Moreover,
given that the injuries caused by legal segregation persist and there has been systematic decapitalization of African American areas, reparations provides one strategy
to infuse capital and create economic opportunities in Black areas. Targeting reparations to investment in education and training, housing, health and business development (America, 1999) avoids most of the feared logistical difficulties in identifying
specific descendants of slaves for monetary payments.
3Randall, Vernellia R. Using Reparations to Repair Black Health. University of Dayton. University of Dayton, Nov.Dec. 2002. Web. http://academic.udayton.edu/health/01status/status07.htm
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In it is broader most expansive sense reparations restores hope and dignity because
it provides current descendants a way out of their seemingly dead-end lives caused
by the lingering effects of slavery, racism and segregation. Reparations ultimately
is about social justice since it is about undoing the harm that has been done to one
group in society. Reparations is not a one way action, it requires the African American community to undertake action and to rebuild itself. Reparations will rebuild
community and cleanse the soul of the nation. Most importantly, reparations could
restore the health of people of African descent in America.
Darron T. Smith, Ph.D. in the Huffington Post
Secondly, African Americans should receive free necessary health care in all areas
of life. As evidence based research documents, protracted exposure to chronic psychological stress is shown to be physiologically and mentally corrosive for health
and well-being. More importantly, exposure to race-based discrimination at the institutional and interpersonal level of society, coupled with grinding inequalities in
housing, jobs, education and income parity, keeps the bodys stress response in a
constant state of arousal.
Like black children exposed to the whiteness of public education, black Americans
have, likewise, been exposed to a two tiered racist health care system. Not too long
ago, Black disease was considered inherent to being black rather than the cause of
dehumanizing forces of systemic white racism. As health care providers pledge an
oath to treat all patients equitably and with integrity, how is it possible that health
Smith, Darron T. A New Case for African American Reparations: A Simple Three-Part Plan. The Huffington Post.
TheHuffingtonPost.com, 3 Dec. 2013. Web. http://www.huffingtonpost.com/darron-t-smith-phd/a-new-case-forafrican-am_b_4345768.html
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5.1 Introduction
Despite decades of work by philosophers, legal theorists, economists, and historians demonstrating the case for Black Americans to receive reparations from the United States government, it
was not until Ta-Nehisi Coatess The Case for Reparations appearing in The Atlantic that reparations for slavery and Jim Crow became part of the national public conversation, and by effect
the pseudo-academic communities of which forensics is merely a small part.1 Such a realization
1For philosophers, see Bernard Boxill, A Lockean Argument for Black Reparations. Journal of Ethics 7 (2003): 6391, and J.Angelo Corlett, Race, Racism and Reparations. Journal of Social Philosophy 36.4 (2005): 568-585. For
lawyers, see Roy L. Brooks, Atonement and Forgiveness: A New Model for Black Reparations (Berkeley: University of California Press, 2004); Roy L. Brooks, ed.,When Sorry Isnt Enough: The Controversy Over Apologies and
Reparations for Human Injustice (New York: New York University Press, 1999); also see Alfred Brophy, Some
Conceptual and Legal Problems in Reparations for Slavery. NYU Annual Survey of American Law 58.4 (2002):
497-556, The World of Reparations: Slavery Reparations in Historical Perspective. Journal of Law and Society
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5.2 On the Justification and Need for Reparations under the Present
Paradigms
The arguments in favor of reparations range from articulating longstanding concepts like unjust
enrichment, which holds that a person who has been enriched unjustly at the expense of others
has an obligation of restitution to those they have disadvantaged, to unjust impoverishment,
which describe the moral obligation societies have for reparations towards those who have been
historically oppressed by the exploitative relationships found between various groups. This latter
view, where the dominant race has benefited from the unjust theft of labor and resources from
the subjugated group, adequately summarizes the racial divisions in Americas present society
and history. While authors like Joe Feagin have consistently maintained the dynamics of unjust
enrichment and unjust impoverishment as the structural constitution of Americas democracy,
many of the debates advocating for reparations assert that a remedying of Black poverty and an
apology for slavery repairs American race relations. The complexity of racism in America makes
such positions doubtful. As Feagin argues in an earlier article entitled Documenting the Costs
of Slavery, Segregation, and Contemporary Racism: Why Reparations are in Order for African
Ibid.
Ibid.
Joe R. Feagin, Racist America: Roots, Current Realities, and Future Reparations (New York: Routledge, 2014), 11.
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2For a discussion of a self-determined analysis of reparations, see Clarence Munford, Race and Reparations: A Black
Perspective for the 21st Century (Trenton: Africa World Press, 1996).
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