On Racial Reconciliation in the United States.

This paper utilizes the theoretical insights from the literature on transitional justice to address issues of racial justice (pertaining to African Americans) in the United States. The title is a bit misleading, as I say little about racial reconciliation as such. A more appropriate title would be something like "Racial Justice as Transitional Justice." Still, I do want to examine what would be required for a just resolution to a wide range of political issues involving race in the contemporary United States. The general argument is that much of the racial injustice in this country can be traced to the incomplete nature of the transition that took place during the civil rights era. More recent regime transitions in various parts of the world have taught us a great deal about what is necessary to make a just transition from a human rights-abusing regime to a human rights-respecting regime. In light of these more recent transitions, and the theorizing to which they have given rise, our own transition to democracy looks very incomplete. It therefore remains incumbent upon us to complete this transition in order to become a (more) racially just society. The argument proceeds in three main stages. I first discuss the range of views among theorists of transitional justice, and defend what I take to be a moderate position on the requirements of a just transition. These requirements include a strong prima facie presumption in favor of certain backward-looking measures such as prosecution, reparation, and acknowledgement. Next, I argue that the civil rights era in the United States was a regime transition, analogous to more recent transitions, and thus can be evaluated in light of the normative standards that have emerged from reflection upon recent transitions to democracy. By the standards I defend in the first section, our transition to democracy with respect to equal citizenship for African American was not just, or at least is so far incomplete. The country certainly did not undertake the measures that are prima facie required for a just transition, and it seems that the conditions that could rebut the presumption in favor of those measures did not obtain. The third section of the paper suggests a range of issues that should be considered in an effort to complete our transition to a nonracist liberal democracy. These include policies designed to implement a program of black reparations and symbolic and cultural issues related to the acknowledgement of the injustice of the past. [ABSTRACT FROM AUTHOR]