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Dignity Takings and Dignity Restoration: Creating a New Theoretical Framework for Understanding Involuntary Property Loss and the Remedies Required

Published online by Cambridge University Press:  27 December 2018

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Abstract

In We Want What's Ours: Learning from South Africa's Land Restitution Program, I introduced the concept of “dignity takings,” which I defined as property confiscation that involves the dehumanization or infantilization of the dispossessed. I argued that the appropriate remedy for a dignity taking is “dignity restoration”: material compensation to dispossessed populations through processes that affirm their humanity and reinforce their agency. For this symposium, contributors were invited to examine these paired concepts through case studies beyond the South African context. This introductory essay summarizes the central arguments of We Want What's Ours and considers how the symposium contributions confirm, extend, or revise the concepts of dignity takings and dignity restoration.

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Articles
Copyright
Copyright © American Bar Foundation, 2016 
Figure 0

1 The Takings Spectrum

Figure 1

2 Dignity Takings vs. Dignity Restoration in the South African Context

Figure 2

3 Moving Beyond South Africa: Establishing the Parameters of a Dignity Taking

Figure 3

4 Dignity Restoration: Remedying Property and Dignity Deprivations