"Legal at the time"?: Companies, governments and reparations for Mauritian slavery
Article
Croucher, R. and Michel, D. 2014. "Legal at the time"?: Companies, governments and reparations for Mauritian slavery. Journal of African Law. 58 (1), pp. 89-108. https://doi.org/10.1017/s0021855313000193
Type | Article |
---|---|
Title | "Legal at the time"?: Companies, governments and reparations for Mauritian slavery |
Authors | Croucher, R. and Michel, D. |
Abstract | This article critiques the “legal at the time” argument used by states and companies which historically practised slavery to defend themselves against claims for restitution, examining the Mauritian case. Although slavery was largely legal there before its abolition by the British, torts were common under slavery and, during the years of historic rupture, 1794–1839, when the local élite defied first French and then English law, generated systemic unlawful activity. Most types of legal action for restitution for slavery face formidable difficulties; pursuing reparations supported by broad legal arguments may therefore be a more viable route. Slavery may be argued to have been an illegitimate endeavour in itself. While sympathetic to that view, this article does not pursue it but rather seeks to demonstrate that the “legal at the time” argument against reparations contains significant lacunae even within its restricted terms. It also shows that French constitutional law offers possibilities in the form of rights that are not time-bound. |
Research Group | Employment Relations group |
Publisher | Cambridge University Press (CUP) |
Journal | Journal of African Law |
ISSN | 0021-8553 |
Electronic | 1464-3731 |
Publication dates | |
01 Apr 2014 | |
Online | 28 Jan 2014 |
Publication process dates | |
Deposited | 26 Sep 2014 |
Output status | Published |
Accepted author manuscript | |
Copyright Statement | This article has been published in a revised form in Journal of African Law, http://dx.doi.org/10.1017/s0021855313000193. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © SOAS, University of London 2014 |
Digital Object Identifier (DOI) | https://doi.org/10.1017/s0021855313000193 |
Language | English |
https://repository.mdx.ac.uk/item/84x73
Download files
39
total views21
total downloads1
views this month3
downloads this month