
Contents
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I. Introduction I. Introduction
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II. Early Ideas of Justice II. Early Ideas of Justice
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III. The Medieval Christian Heritage III. The Medieval Christian Heritage
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IV. Early Modern Europe IV. Early Modern Europe
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V. Crafting Modern International Law V. Crafting Modern International Law
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A. The Practice of States in Concluding Peace A. The Practice of States in Concluding Peace
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B. Doctrinal Contributions B. Doctrinal Contributions
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C. Judicial Developments C. Judicial Developments
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VI. Conclusion VI. Conclusion
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Guilty Consciences and Making Good: Historical Perspectives on Reparation
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Published:November 2024
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Abstract
The law of reparation has the curious feature of requiring automatic and unilateral action on the part of wrongdoers, without regard to whether there is a claim for redress by the victim party. This contribution points out historical and conceptual roots of this idea. Early traces are found in ancient Greece, in the philosophy of Plato. In medieval Europe, the penitential system of the Catholic Church placed a heavy stress on the unilateral duty of restitution by wrongdoers, notably in the areas of usury and of the waging of unjust wars. These ideas were substantially adopted by the pioneer writers on international law in the seventeenth century, Francisco Suárez and Hugo Grotius. In state practice, there is evidence of a general duty of reparation in the peace-treaty practice of states in the nineteenth and early twentieth centuries. A number of these treaties made specific provision for monetary payments for identified past actions. Modern doctrine on the subject came first from August Heffter. The principal writer on the subject was the Italian scholar and judge Dionisio Anzilotti, with Hans Kelsen as a dissenter. Anzilotti’s views have been substantially adopted by the World Court, as well as by the International Law Commission in its Articles on State Responsibility of 2001.
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