What Makes Redress Better?
Stephen Winter
Abstract
Open-access reader
Stephen Winter
Abstract
Open-access reader
Redress programmes exist because courts are inhospitable to survivors’ non-recent claims. But if redress is to be better than litigation, it must be made so. Judging what makes better redress programmes requires evaluative criteria. This chapter sets out criteria for evaluating monetary redress programmes. Acceptable criteria need to reflect participants’ interests and values, be realistic about their capabilities, and sensitive to the constraints they face. Those criteria must be acceptable to both survivors and states.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
Redress programmes exist because courts are inhospitable to survivors’ non-recent claims. But if redress is to be better than litigation, it must be made so. Judging what makes better redress programmes requires evaluative criteria. This chapter sets out criteria for evaluating monetary redress programmes. Acceptable criteria need to reflect participants’ interests and values, be realistic about their capabilities, and sensitive to the constraints they face. Those criteria must be acceptable to both survivors and states.
Key concepts: Redress, Face (sociological concept), Political science, Law and economics, Psychology, Law, Sociology, Social science