Beyond reparations: Justice as indigenism

Abstract

For the peoples who have inhabited, since time immemorial, the lands within the external borders of the U.S., remediation of genocide, land theft, and ethnocide is a pressing issue. However, monetary reparations would frustrate the reacquisition of the American Indian capacity to self-determine on ancestral lands. Because the injustice at the core of U.S. history is neither broadly acknowledged nor deeply understood, Part I provides historical foundation and sketches the factual predicate to the American Indian claim for redress. Part II presents and evaluates theories of justice with respect to this claim. Part III counters the shortcomings of these theories with a theory, Justice as Indigenism, that propounds a program of land restoration and legislative reform that will accord the full measure of relief to American Indians consistent with the requirements of justice for all peoples.