In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political (...) power, criminal procedures and economic resources. Oyowe’s most important criticism of my theory is in effect that it is caught in a dilemma: either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are ‘theoretical lapses’ that ‘cast enormous doubts’ on my project of deriving human rights from a basic moral principle with a recognizably sub-Saharan and communitarian pedigree. (shrink)

Instrumentalism about moral compromise in politics appears inconsistent with accepting both the existence of non-instrumental or principled reasons for moral compromise in close personal friendships and a rich ideal of civic friendship. Using a robust conception of political reconciliation during democratic transitions as an example of civic friendship, I argue that all three claims are compatible. Spouses have principled reasons for compromise because they commit to sharing responsibility for their joint success as partners in life, and not because their relationship (...) involves strong affective attitudes of goodwill, solidarity, trust, and the like. Since shared responsibility for ends is an inappropriate element in the political relationship between citizens, the members of a divided society may manifest the constitutive attitudes of political reconciliation without any commitment to principled reasons for moral compromise. (shrink)

Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception of normative (...) stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply. (shrink)

This article examines the British colonial theft of Indigenous sovereignty and the particular obstacles that it presents to establishing just social relations between the colonizer and the colonized in settler states. In the first half, I argue that the particular nature of the crime of sovereign theft makes apologies and reparations unsuitable policy tools for reconciliation because Settler societies owe their very existence to the abrogation of Indigenous sovereignties. Instead, Settler states ought to return sovereignty to the land’s Indigenous peoples. (...) In the second half of this paper, I take up some of the practical questions of how this might be done and anticipate a number of objections. Giving up sovereignty would not mean dispossessing the millions of colonists who currently reside in these countries of their homes and property – but it does mean rethinking the constitutional makeup of a country and how that serves to benefit the different peoples who make their homes there. (shrink)

Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the point along this spectrum that (...) is morally or politically most significant. Section 3 provides an overview of the processes commonly cited as contributing to reconciliation. These processes are often controversial; those praised by some commentators as appropriate and constructive responses to past conflict are dismissed by others as undermining the moral or political conditions for just and peaceful relations. Section 4 concentrates on the relationship between reconciliation and justice. While some see these values as compatible and mutually supporting, others argue that, especially in the immediate wake of conflict, parties must often choose between reconciliation and justice. (shrink)

The papers collected in this volume are a selection of papers that were presented - or scheduled to be presented - at a workshop entitled Forgiveness and Conflict, which took place from 8-10 September 2014, as part of the Mancept Workshops in Political Theory at the University of Manchester. Some of these contributions are now compiled in this volume. The selected papers draw from different philosophical traditions and conceptual frameworks, addressing many aspects of contemporary philosophical debates on the nature and (...) normativity of forgiveness, including its political aspects. The result is a rich collection of essays which covers a wide variety of philosophical issues, displaying cutting edge scholarship in this area. This introduction provides a brief overview of some of the central themes discussed in the volume with a particular emphasis on their innovative aspects. (shrink)

Although forgiveness is often taken to bear a close connection to the value of reconciliation, there is a good deal of scepticism about its role in situations where there is no consensus on the moral complexion of the past and no admission of guilt on the part of the perpetrator. This scepticism is typically rooted in the claims that forgiveness without perpetrator acknowledgement aggravates the risk of recidivism; yields a substandard and morally compromised form of political accommodation; and comes across (...) as patronizing and offensive to the recipient, thereby causing further alienation. In this article, my aim is to show, firstly, that none of these arguments is decisive and, secondly, that forgiveness is a suitable object of political concern in the absence of cross-community consensus on the rights and wrongs of a conflict. In this way, I aim to demonstrate that forgiveness deserves to be taken seriously as a means to civic reconciliation in a broader range of situations than many have allowed. (shrink)

In this paper I argue that hope is best understood as a compound psychological state. When we take hope according to the details of this account, we are in a good position to understand why it is a political virtue of persons. I also argue that securing the institutional bases of hope is a virtue of state institutions, particularly in states in transition from severe injustice. And, finally, when the bases are secure, a person who fails to hope for the (...) political future is in that regard prima facie blameworthy. (shrink)

'Political reconciliation' refers to processes for establishing right relations between groups that are emerging from a history coloured by violent relations. However, dominant Western, euro-descendent philosophies of political reconciliation rarely focus on ecological forms of harm or consider practices of ecological violence as constitutive of the violent relations that reconciliation hopes to repair. This article argues that the exclusion of ecological dimensions of harm from dominant Western models of political reconciliation is one way of understanding Indigenous claims of dissatisfaction with (...) such reconciliation projects. This article analyses and contextualises these claims of dissatisfaction by focusing on how dominant Western, euro-descendent models of reconciliation in the North American context import settler-colonial commitments that obscure the primacy of ecological violence in settler-Indigenous land-based conflicts. Furthermore, this article posits that settler-colonial commitments in reconciliation models pose an obstacle to deeper forms of reconciliation, partly because these models uphold dominant euro-descendent cosmologies and conceptions of land over and above Indigenous ones. Finally, this article suggests that that the possibility of deep reconciliation exists, and requires engaging with Indigenous philosophies that place land and relations to land at the centre of right relations, thus working toward decolonising settler-colonial-infused forms of reconciliation. (shrink)

In deeply divided societies (DDS) – those having experienced episodes of ethnic or religious mass violence – thousands of survivors must confront the challenge of reconstructing their public identity, split between their tragic human experience as victims and their political obligations as citizens. They are required to cooperate precisely with those who are, in their eyes, responsible for the crimes perpetrated against them. Is liberal democratic theory able to respond to such deep divisions? Is democracy, even, compatible with the reconciliation (...) that in these societies is a priority? Building on the idea that certain cultural conditions are important for securing the stability of liberal democracy, this paper presents an account of deliberative reconciliation appropriate to the context of DDS and which provides guidance in such circumstances of unmitigated pluralism. Deliberative reconciliation works with those elements of background culture that disclose some forms of civility within society. This is the culture of civility: a deliberative consensus, which enables former enemies to become part of a community of equals and to reciprocate on the basis of some shared political values, thus displaying support for liberal democratic institutions. (shrink)

German translation by Andreas Rauhut of 'A Theory of National Reconciliation: Some Insights from Africa' (from _Theorizing Transitional Justice_ 2015).

ABSTRACTThis article applies the idea of political reconciliation to current debates on the role and legitimacy of global governance. My underlying thesis is that the idea of reconciliation fits better with the non-ideal circumstances of global injustice. To this end, I will first of all develop a three-tiered model of political reconciliation and introduce the related concept of restorative justice. I will then look at some of the most obvious forms of international and global injustice – historical injustice, economic exploitation, (...) and political domination – and argue that a normative theory of political reconciliation provides better proposals for feasible global governance reforms than do theories of corrective, retributive, or distributive justice. Finally, I will make a few comments on the role of political philosophy as a medium of ‘narrative reconciliation’. (shrink)