{"title":"国家危机后的金钱赔偿:侵权理论、小额信贷和性别平等的趋同","authors":"Anita Bernstein","doi":"10.2139/SSRN.1531836","DOIUrl":null,"url":null,"abstract":"Governments around the world have undertaken reparations programs following historically recent experiences of serious human rights violations. This article uses tort theory to defend monetary payments as a constituent of national repair. It argues that paying money to victims comports with feminism too. Once accepted in principle, this measure raises a new question: What is the best way to convey pecuniary reparations in transitional settings? With due heed for the reality that circumstances always vary from country to country, the chapter argues for “microfinance” (as distinguished from “microcredit”) as the preferred mode for transitional governments designing new national reparations programs. The article works with, while also trying to deepen, a conventional wisdom that microfinance advances the social and economic status of women.","PeriodicalId":43790,"journal":{"name":"University of Pennsylvania Journal of International Law","volume":"499 1","pages":"1"},"PeriodicalIF":0.6000,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"4","resultStr":"{\"title\":\"Pecuniary Reparations Following National Crisis: A Convergence of Tort Theory, Microfinance, and Gender Equality\",\"authors\":\"Anita Bernstein\",\"doi\":\"10.2139/SSRN.1531836\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Governments around the world have undertaken reparations programs following historically recent experiences of serious human rights violations. This article uses tort theory to defend monetary payments as a constituent of national repair. It argues that paying money to victims comports with feminism too. Once accepted in principle, this measure raises a new question: What is the best way to convey pecuniary reparations in transitional settings? With due heed for the reality that circumstances always vary from country to country, the chapter argues for “microfinance” (as distinguished from “microcredit”) as the preferred mode for transitional governments designing new national reparations programs. The article works with, while also trying to deepen, a conventional wisdom that microfinance advances the social and economic status of women.\",\"PeriodicalId\":43790,\"journal\":{\"name\":\"University of Pennsylvania Journal of International Law\",\"volume\":\"499 1\",\"pages\":\"1\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2009-10-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"University of Pennsylvania Journal of International Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.1531836\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"University of Pennsylvania Journal of International Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.1531836","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Pecuniary Reparations Following National Crisis: A Convergence of Tort Theory, Microfinance, and Gender Equality
Governments around the world have undertaken reparations programs following historically recent experiences of serious human rights violations. This article uses tort theory to defend monetary payments as a constituent of national repair. It argues that paying money to victims comports with feminism too. Once accepted in principle, this measure raises a new question: What is the best way to convey pecuniary reparations in transitional settings? With due heed for the reality that circumstances always vary from country to country, the chapter argues for “microfinance” (as distinguished from “microcredit”) as the preferred mode for transitional governments designing new national reparations programs. The article works with, while also trying to deepen, a conventional wisdom that microfinance advances the social and economic status of women.