"Not long ago, complaints about old wrongs were dismissed with statements like time heals all wounds or let sleeping dogs lie. Survivors of assault, rape, torture, and looting were told that it was just too late. But now the problems of the past are coming back to haunt us. Institutions face complex reckonings with what their forebearers did, and they struggle to make amends. From the Holocaust to child abuse to colonialism, from looting to eugenics to slavery, demands to rectify old wrongs pose unsettling modern challenges. This book traces how the past became such a daunting contemporary problem. It shows how innovative private law actions for redress of old wrongs began to draw on the idea of reparative justice, using it to reshape traditional legal doctrines such as reparations and restitution. As reparations for old injuries and restitution of belongings taken long ago became increasingly common, transitional justice inspired remedies, such as truth commission style bodies and broader remedies, began to appear in stable democracies.
In addition to tracing how the past became such a current problem, this book also seeks to draw some useful lessons for institutions seeking to make amends for historic wrongs. It addresses some of the most common challenges of these cases, many of which revolve around lawyers. It also explores some of the most positive lessons, illustrating how engagement with survivors and descendants can reap benefits, not only for them but also for the larger communities seeking to make amends"-- Provided by publisher.