'Reparations' as a Dirty Word: The Norm Against Slavery Reparations

Abstract

Social norms have been used to explain a variety of legal subjects, from family law to tax law. I assert in this Article that a social norms construct may help us understand the current public debate (or lack thereof) over whether the United States should make reparations to African Americans. Specifically, I find that reparative ideas are incongruent with norms of socially acceptable behavior. My first task is to explain why there is a norm against public support for slavery reparations. I identify three sources of social norms'; norms derived from culture; norms instigated by individuals; and norms derived from the law; and explain how each source conflicts with reparative ideas and thus contributes to a norm against supporting reparations. Next, I discuss public debate over reparations in light of a norm against reparations. Specifically, I argue that an anti-reparation norm has stifled public discussion of reparations to African Americans. Predictably, it has become increasingly impossible for supporters of reparations to be open and honest. Finally, I take the liberty to look back on my argument at its weakest links.