Buffalo Law Review Archive

Independent historical archive (2006–2018). For current issues of the Buffalo Law Review, visit digitalcommons.law.buffalo.edu/buffalolawreview.

Healing the Trauma of America's Past: Restorative Justice, Honest Patriotism, and the Legacy of Ethnic Cleansing

55 Buff. L. Rev. 981 (2007)

American legal system has inadequately addressed historical injustices against indigenous peoples and other groups subjected to ethnic cleansing and systematic dispossession. Vogel proposes restorative justice approaches combined with honest patriotism to heal national trauma from America's legacy of violence. The article examines how American law has denied or minimized historical atrocities including displacement of Native Americans, slavery, and discrimination against immigrant groups. Legal doctrines have frequently protected governmental and private interests at expense of justice for victimized communities. Restorative justice models emphasize healing relationships and acknowledging harm rather than purely retributive approaches. Vogel argues honest patriotism requires Americans to confront historical injustices and their ongoing legacies rather than mythologizing national narrative. The article connects law's role in either perpetuating or remedying historical trauma, suggesting legal system should facilitate restorative processes acknowledging and addressing past wrongs. By integrating restorative justice with historical honesty, American law can contribute to healing ethnic and racial divisions rooted in systematic dispossession and violence.

Topics: Civil Rights · Legal History

Keywords: restorative justice · ethnic cleansing · Native Americans · historical trauma · patriotism · displacement · reparations

Read the full article (PDF) Original filename: Web_Vogel Final Book Proof.pdf

How to cite

Howard J. Vogel, Healing the Trauma of America's Past: Restorative Justice, Honest Patriotism, and the Legacy of Ethnic Cleansing, 55 Buff. L. Rev. 981 (2007).