Private law and grave historical injustice: the role of private law

Degeling, Simone and Barker, Kit (2015) Private law and grave historical injustice: the role of private law. Monash University Law Review, 41 2: 377-413.

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Name Description MIMEType Size Downloads
Author Degeling, Simone
Barker, Kit
Title Private law and grave historical injustice: the role of private law
Journal name Monash University Law Review   Check publisher's open access policy
ISSN 0311-3140
Publication date 2015
Sub-type Article (original research)
Open Access Status Not Open Access
Volume 41
Issue 2
Start page 377
End page 413
Total pages 37
Place of publication Melbourne, Australia
Publisher Monash University
Language eng
Formatted abstract
This article reclaims an important role for the common law in cases of grave historical injustice, which we define as serious, widespread instances of wrongdoing that have remained unaddressed and un-redressed for long periods of time. Contemporary examples in Australia include the abuse of vulnerable individuals within the Catholic Church and Australian Defence Force, and the historical theft of wages from Aboriginal peoples.

Contemporary discourse assumes that private law has little to contribute to the debate about how to deal with such cases. It focuses instead on public apologies and limited reparations schemes, on the basis that these off er victims quicker, more satisfactory solutions. We suggest an important role for private law and its corrective justice framework in informing and enhancing the design of reparations schemes current and future, so as to accord victims a fuller and more meaningful measure of justice
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ
Additional Notes

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
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Created: Fri, 15 Apr 2016, 13:00:03 EST by Carmen Buttery on behalf of T.C. Beirne School of Law