The Paradoxes of Restitution

Edwards, Mark A.

Journal: West Virginia Law Review

Volume: 116

Year: 2013

Bluebook Citation: 116 W. VA. L. REV. (2013)

Author: Mark A. Edwards: all 5 publications


Abstract

Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution.

The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.

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