Governmental harm merits the extraordinary remedy of reparations because government promises protection

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

  • DEFINE: The special-magnitude-of-state-harm principle — government abuse is worse than private abuse because government is the designated protector, a betrayal theory of harm.