'Legal at the time?': companies, governments and reparations for Mauritian slavery

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Periodical article

Title:	'Legal at the time?': companies, governments and reparations for Mauritian slavery
Authors:	Croucher, Richard Michel, Didier
Year:	2014
Periodical:	Journal of African Law (ISSN 0021-8553)
Volume:	58
Issue:	1
Pages:	89-108
Language:	English
Geographic term:	Mauritius
Subjects:	slavery reparations offences against the person legal procedure
External link:	https://doi.org/10.1017/S0021855313000193
Abstract:	This article critiques the 'legal at the time' argument used by states and companies which historically practised slavery to defend themselves against claims for restitution. The authors examine the Mauritian case. Although slavery in Mauritia was largely legal before its abolition by the British, torts were common under slavery. Between 1794 and 1839 the local élite defied first French and then English law, which generated systemic unlawful activity. Most types of legal action for the restitution of slavery presented enormous obstacles; pursuing reparations supported by broad legal arguments was therefore a more viable route. Slavery was an illegitimate endeavour in itself. While the authors are sympathetic with this view, this article demonstrates that the 'legal at the time' argument against reparations contains significant lacunae even within its restricted terms. It also shows that French constitutional law offers possibilities in the form of rights that are not bound by time. Notes, ref., sum. [Journal abstract]