Government-inflicted harm warrants a higher-order remedy than private harm

Evidence

Governmental harm is of a higher magnitude than harm at the hands of private parties. It creates a devastating loss because our government is supposed to provide protection and not leave us vulnerable or exploit us. Such a unique experience of harm should influence the remedies we consider. Reparations, which is an extraordinary remedy, should be available for the types of harm that black Americans have suffered, particularly given how other groups have received payments from the government. — Dorothy A. Brown, Getting to Reparations, 31

Categorization

Category: Definitional Content

  • DEFINE: Establishes the harm hierarchy that justifies reparations as an extraordinary remedy — key to the legal brief.