First, Askia, it is common among Libertarians to talk about all (at least federal) laws as coercive in nature, in that they are ultimately upheld (enforced) under the threat of force/violence. You appear to have an issue strictly of semantics at this point.
It seems odd to me that one can accept the logic that links the present day Wachovia to wrongs of their preceding companies but have trouble with the logic that suggests that laws by their nature are ultimately coercive. Perhaps that’s just me.
As for the OP and Wachovia, I’m not sure I understand why Wachovia owes anyone an apology (regrets, sure). And if they offer an apology, it seems a stretch to suggest that it infers legal wrong-doing (and hence, legal liability).
Was what the preceding companies did wrong? In today’s moral framework, absolutely. In the timeframe in question, from a moral perspective, it is debateable (but not a point I’m particularly interested in debating). But it wasn’t from a legal perspective. And I can’t see how those actions could create a legal liability for Wachovia today.
The preceding companies weren’t “Slaves R Us”. They were in the banking business. They provided loans. They accepted property for colateral. I hope none of us has a problem with that, as far as it goes. But they accepted slaves as colateral. In the eyes of the laws, slaves were considered property. If they had refused to do so, we could have admired their moral standing. To suggest that they should have refused is to suggest that they should have disadvantaged their shareholders in the competitive marketplace. Who’s to blame - the preceding companies (and ultimately Wachovia), or the society that fostered the unfair rules in which they operated?
My personal disclaimer - I’m a white male, and I can trace my descendants to slave-owners. I can trace my descendants to Confederate soldiers. I can also trace my descendants to Union soliders. And to Revolutionary soldiers. I don’t think I owe anyone an apology for that. Nor do I take credit for any of their actions. I regret that some of my forefathers owned slaves. I regret that some fought to maintain the society that condoned slavery. I am proud that some of my descendants fought to maintain the union without slavery. And I am proud that some fought to create the United States of America.
I should also note, that by most accounts, my slave-owning descendants were considered morally upstanding citizens of their community. They were deacons in the local church.
And this leads me to the reparations issue. I have no trouble with the concept of reparations, within the legal framework available. I just don’t see how it could ever result in any meaningful action.
Who are the claimants? Descendants of slaves? That is the most narrow category I could begin to accept. But as has been pointed out, many people that may have slaves in their lineage may also have lineage that were not slaves - perhaps even descendants that benefited from slavery. How is their participation in the claimant class determined?
Who are the defendants? Descendants of slave-owners? Again, the most narrow category I could accept. That class would include me. What culpability do I have? Or should the defendant class include all whom have benefited as a result of this country condoning slavery in the past? That class would also include jsgoddess, and by her logic in post 272, pretty much all Americans have received some benefit (not necessarily net positive).
Where does the legal liability comes from? Weren’t their actions legal at the time? Are we suggesting that we retro-actively criminalize their action? What an ugly precedent that would be…
What are the damages? Liquidated damages? Lost profits? That seems a reasonable start. It would seem to me that the claimants would be hard pressed to show such damages exist. I would fathom a guess that most descendants of slaves today are living at a much higher standard of living* than the descendants of those Africans that were not kidnapped into slavery. I wouldn’t be surprised to find that descendants of slavery live at a lower standard of living than descendants of slave-owners, but why is that the proper legal basis for determining damages? Do Irish immigrants have similar (albeit lessor) basis for claims (simply because they might have a lower standard of living than some other class of European immigrant lineages)?
What are the mitigating factors? If, as a descendant of slave-owners, I am found financially liable for the actions of my ancestors, is my share of liability mitigated by the actions of my other ancestors that fought for the union? Do we subtract from the gross damages the benefits provided by equal opportunity-type initiatives since the Civil Rights Act of 1964? If I have no direct financial advantage due to my descendants owning slaves (say, an intermediate descendant in that lineage declared bankruptcy, and passed no assets along), is my liability zero (or reduced)? Or am I liable for simply being born white, and therefore benefiting implicitly from “white privilege”? What an odd and ironic cure from the crime of racial discrimination (judging from the color of my skin and not the content of my character, and all that). What an odd legal precedent that would make.
What is the cure? A transfer of wealth from the defendant class to the claimant class? The sum of the value of “lost wages” of the slaves? Should that figure be reduced by the price the slave-owners paid for the slaves? Room, board, and meals as well? How 'bout the cost of transport from Africa?
Again, I don’t have a problem with the concept of reparations. I just don’t see how any legal pursuit would have any practical benefit for anyone (maybe I misunderstand the arguments). I can appreciate a desire for justice. I just don’t think you will be able to find it at this point.
- And some of that higher standard of living is due to the US use of slavery!
On preview, I can appreciate monstro’s thought process and the 1905 example. I can’t find the constitutional basis that suggests that slaves had constitutional rights. I’m also not sure I understand who she would suggest is the defendant class that would have to cough up the judgement.