Monday, June 25, 2018

Restitution Then and Now

America made a costly compromise in allowing slavery but I believe that they believed that it was the best way to compete with other large countries. When they decided to end slavery and rightly so they should have paid restitution to the aggrieved parties, both the slaves and slave owners. In my mind, the slave owners would not get nearly what the slaves would but just enough to recognize that the government is to blame for the hardship that will ensue*. 

The problem is that the government didn't do enough to own their responsibility for slavery and to make it right when they could have. The problem is that with time restitution becomes impossible to calculate. When the aggrieved party is deceased who should the money go to? Their children? And in what amount? And what can people now do with random amounts of money thrown at them for no reason? This is what the government did with welfare and that isn't working out very well. The government should have treated freed slaves as citizens who are wrongfully imprisoned and paid as a lump sum or periodic payment but with terms and conditions. Such as the money ends with the individual. It would not be welfare for all but specific restitution for a specific person for a specific crime inflicted on them.

What should happen if you are taken out of your home and enslaved today? When you are freed it would be reasonable to allow you to sue for damages in restitution and the kidnapper would be held accountable. They would be jailed but the problem comes when your government is the kidnapper. You can try to sack members of the government or the government in whole but they are a loyal crew and not easily other thrown. It may be cost many lives to cause an effective coo and in the end, there have been no real solutions to the issue and measures taken to ensure it doesn't happen again.

So the peaceful way to hold the government accountable is to have them pay for their crimes in restitution. The downside to this is that the cost to the government due to this kind of grievance is really the cost of the people through taxes or debt.

If the government is to act as the countries ultimate leadership then it must take responsibility for everything that occurs within its scope of control. In the modern state, this means that when it unjustly imprisons people for crimes that should never have been crimes, such as marijuana possession, and if that crime is decriminalized, they should release those whose crimes were only that, and then pay restitution in an amount that is reasonable based on what an average person in that city would have made plus a penalty fee paid from the personal pockets of the tribe that caused it, the politicians. This might incentivize the government from taking laws more seriously or it might incentivize them to never change laws. I am not sure. 

Here is the last problem I see in regards to restitution now for slavery back then in the form of racially based special programs. I don't think it can be done logically, financially or effectively and so the crimes of the past must remain in the past. There are plenty of new crimes that we should hold the government accountable for. If the government displays some Extreme Ownership (as described by Jocko Willink and Leif Babin's book by that name) as a foundational guiding standard then we might see real change and real leadership from the government.

To explain the previous paragraph:

It is not logical because it is too far removed from its original recipients and too complicated to make work. It is not financially possible due to the same reasons and due to inflation, current living conditions and the massive population that exists compared to those originally aggrieved. Either you would have to spread the money too thin or too thick on those that would have gained from it had it been distributed thoughtfully in the past. It wouldn't be effective for same reasons.

And of all the descendants on either side of the issue whom would be to blame and whom would be entitled to compensation? In mind, it is either all descendants, 1 descendant or none. This is all hypothetical and really just an exercise in thinking about restorative justice, I suppose. I do not think that anyone is actually promoting giving restitution now to descendants of people who were enslaved. Maybe someone is but I doubt it is more than a few people. This is not a debate against a real opponent. It is just a thought experiment about what can be done to ensure that African Americans feel that their government is on their side just as it is on the side of all its citizens. 

The government has done what it will do about slavery and the Native American conquering (as another example of complicated political crimes), and it does seem that if it is too late for restitution for slavery so I am not sure what else the government can do to appease the descendants of the aggrieved.  I certainly do not see the government succeeding in unifying the country as a citizenry that works together toward a common cause.

I also see many people blaming others for their problems and not taking it on themselves to be successful. I see people who want to use the government to enact their self-interested justice instead of holding the government accountable for its crimes. It also seems that people forget the difference between the private and governmental sectors as more wish to adopt a governmental control over all aspects of life. I do not see people working to come up with counters to power run amock and remembering to keep freedoms from being lost in the chaos. 

*Revision on 6/29/2018: Slave owners that profited from slavery should not receive compensation for losing their slaves because they have already benefited so much. I suppose I just wanted a symbol of responsibility from the government. It is not the fault of the slave owner that they were able to own slaves, as the government allowed and facilitated it and I don't know how to justify taking the money from the slave owners to pay the restitution because they did nothing illegal at the time. They certainly benefited from something immoral but at the time was not seen as immoral by many. 


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