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Reparation (legal)
In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation. Background In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby * Satisfaction should include, where applicable, any or all of the following: .. ** (e) Public apology, including acknowledgement of the facts and acceptance of responsibility; ** (g) Commemorations and tributes to the victims; ** (h) Inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels. * 23. Guarantees of non-repetition should include ** (e) P ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists ...
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Reparations (website)
''Reparations'' is an American website which was launched by Seattle-based artist Natasha Marin in order to allow people with privilege to leverage what they can in order to help people of color. Marin has stated that the website is not about reparations for slavery, which Black Lives Matter has called for as part of its platform; Marin's website is an avenue for people to respond to modern racial turmoil in the United States. History In July 2016, Seattle-based artist Natasha Marin launched a social experiment as a Facebook event page. Three days later, the project went viral, gaining international coverage in the Washington Post, LA Times and The Guardian, and expanded to include a website. Framed as a conceptual art project, it was a forum for People of Color to post immaterial or material requests that would improve their lives, and for people of privilege and people who identify as White to offer them contributions and services. A social experiment that was never about � ...
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Reparations (transitional Justice)
Reparations are broadly understood as compensation given for an abuse or injury. The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges (see war reparations) that were punitive mechanisms determined by treaty and paid by the surrendering side of conflict, such as the World War I reparations paid by Germany and its allies. Reparations are now understood as not only war damages but also compensation and other measures provided to victims of severe human rights violations by the parties responsible. The right of the victim of an injury to receive reparations and the duty of the part responsible to provide them has been secured by the United Nations. In transitional justice, reparations are measures taken by the state to redress gross and systematic violations of human rights law or humanitarian law through the administration of some form of compensation or restitution to the victims. Of all the ...
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Reparations For Slavery In The United States
Reparations for slavery is the application of the concept of reparations to victims of slavery or their descendants. There are concepts for reparations in legal philosophy and reparations in transitional justice. In the US, reparations for slavery have been both given by legal ruling in court and/or given voluntarily (without court rulings) by individuals and institutions. The first recorded case of reparations for slavery in the United States was to former slave Belinda Royall in 1783, in the form of a pension, and since then reparations continue to be proposed and/or given in a variety of forms. The 1865 Special Field Orders No. 15 ("Forty acres and a mule") is the most well known attempt to help newly freed slaves integrate into society and accumulate wealth. However, President Andrew Johnson reversed this order, giving the land back to its former Confederate owners. Reparations have been a recurring idea in the politics of the United States, most recently in the 2020 Demo ...
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Reparations For Slavery
Reparations for slavery is the application of the concept of reparations to victims of slavery and/or their descendants. There are concepts for reparations in legal philosophy and reparations in transitional justice. Reparations can take numerous forms, including: affirmative action, individual monetary payments, settlements, scholarships, waiving of fees, and systemic initiatives to offset injustices, land-based compensation related to independence, apologies and acknowledgements of the injustices, token measures, such as naming a building after someone, or the removal of monuments and renaming of streets that honor slave owners and defenders of slavery. There are instances of reparations for slavery, relating to the Atlantic slave trade, dating back to at least 1783 in North America, with a growing list of modern day examples of reparations for slavery in the United States in 2020 as the call for reparations in the US has been bolstered by protests around police brutality a ...
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Reparations Agreement Between Israel And West Germany
The Reparations Agreement between Israel and the Federal Republic of Germany (German: ''Luxemburger Abkommen'' "Luxembourg Agreement" or ''Wiedergutmachungsabkommen'' "'' Wiedergutmachung'' Agreement", Hebrew: ''הסכם השילומים'' ''Heskem HaShillumim'' "Reparations Agreement") was signed on September 10, 1952, and entered in force on March 27, 1953.Honig, F.: The Reparations Agreement between Israel and the Federal Republic of Germany', ''American Journal of International Law 48(4)'', October 1954. URL last accessed 2006-12-13. According to the Agreement, West Germany was to pay Israel for the costs of "resettling so great a number of uprooted and destitute Jewish refugees" after the war, and to compensate individual Jews, via the Conference on Jewish Material Claims Against Germany, for losses in Jewish livelihood and property resulting from Nazi persecution. History In 1952, the first Israeli Prime Minister David Ben-Gurion argued that the reparation demand was ba ...
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Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that ser ...
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Holocaust Reparations
The Holocaust had a deep effect on society both in Europe and the rest of the world, and today its consequences are still being felt, both by children and adults whose ancestors were victims of this genocide. Evidence in Germany German society largely responded to the enormity of the evidence for and the horror of the Holocaust with an attitude of self-justification and a practice of keeping quiet. Germans attempted to rewrite their own history to make it more palatable in the post-war era. For decades, West Germany and then unified Germany refused to allow access to its Holocaust-related archives in Bad Arolsen, citing privacy concerns. In May 2006, a 20-year effort by the United States Holocaust Memorial Museum led to the announcement that 30–50 million pages would be made available to survivors, historians and others. Survivors Displaced Persons and the State of Israel The Holocaust and its aftermath left millions of refugees, including many Jews who had lost m ...
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English Unjust Enrichment Law
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ''unju ...
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Powers Of Criminal Courts (Sentencing) Act 2000
The Powers of Criminal Courts (Sentencing) Act 2000 (c.6) is a consolidation Act of the Parliament of the United Kingdom that brings together parts of several other Acts dealing with the sentencing treatment of offenders and defaulters. It was drafted by the Law Commission and the Scottish Law Commission. With amendments, it consolidated sentencing legislation previously spread across twelve separate Acts. Much of the Act has been repealed by the Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland an ..., which introduced significant changes to sentencing from 2005. References United Kingdom Acts of Parliament 2000 Criminal law of the United Kingdom Courts of the United Kingdom Sentencing (law) {{UK-statute-stub ...
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English Legal System
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law or ...
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