In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...) practice’s amounting to mercy lends it justificatory support, while its qualifying as mercy under certain morally neutral definitions provides no basis for considering it justified. (shrink)

The following books have been received and many of them are still available for review. Interested reviewers please contact the reviews editor: [email protected], P. 2018. Philosophy in the H...

ABSTRACTTransitional justice encompasses a global body of scholarship and practice that concentrates on responses to large-scale wrongdoing in the context of an attempted shift from conflict and/or repression. In my book, The Conceptual Foundations of Transitional Justice I argue that transitional justice is a distinctive type of justice. Transitional justice requires the just pursuit of societal transformation. I define transformation relationally, as the terms defining interaction among citizens and between citizens and officials. Transformation is necessary because of the presence of (...) pervasive structural inequality and wrongdoing. Transformation is a practical possibility because of the uncertainty characteristic of transitions. Processes of transitional justice pursue transformation by dealing with past wrongs. The just pursuit of societal transformation requires heeding the moral claims of victims and moral demands on perpetrators. In this paper, I address four issues raised by Sirkku Hellsten, George Hull, Thaddeus Metz, and Margaret Urban Walker. I first discuss the methodological questions pressed. I then consider challenges to the substantive view of transitional justice I propose. I next turn to queries about the distinctiveness of transitional justice. Finally, I respond to skepticism about the necessity and value of a substantive normative theory of transitional justice. (shrink)

Colleen Murphy’s impressive book presents a unified theory of transitional justice as a single, novel, distinct kind of justice, intended to guide normative evaluation of the choices transitional societies make in dealing with the past. I raise three central challenges to Murphy’s theory. First, how do we know that transitional justice is fundamentally a single special kind of justice that permits a grand unified theory? Second, is it plausible to hold, as Murphy claims, that societal transformation is the overarching aim (...) or objective of transitional justice? Third, is transitional justice convincingly explained as pursuing societal transformation ‘through’ or ‘by’ dealing with past wrongdoing? I argue that Murphy’s ambitious and finely detailed account does not fully reckon with dissensus about transitional justice in the field and does not adequately defend the central claim that transitional justice aims at societal transformation to be pursued by responding to past wrongs. (shrink)

With her new book, The Conceptual Foundations of Transitional Justice, Colleen Murphy has advanced novel, comprehensive and sophisticated philosophical accounts of both what severely conflict-ridden societies should be aiming for and how they should pursue it. Ultimately grounded on a prizing of rational agency, Murphy maintains that these societies, roughly, ought to strive for a stable and legitimate democratic polity committed to not repeating gross historical injustice and do so in ways that do right by victims. In this article, I (...) argue, contra Murphy, that achieving democratic rights to political participation should not be considered an essential aim of transitional justice, and that, in contrast, doing right by victims should be considered an essential aim of it, not merely an appropriate means to achieving other aims. In addition, I highlight an issue downplayed in Murphy’s book, namely, the need to make trade-offs amongst the aims of transitional justice, which becomes particularly pressing upon accepting that doing right by victims is one of them. (shrink)

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

This article offers a conceptual framework for discussing the role of envy within processes of transitional justice. Transitional justice importantly includes the transformation of intergroup dynamics of interaction in the aftermath of societal conflicts and upheavals. Such transformation aims to realise “interactive” justice in transitional justice by reshaping belief and value systems, and by moulding emotional responses between the involved parties. A nuanced understanding of the emotions at play in intergroup antagonistic dynamics of interaction is thus essential to transitional justice. (...) Among the many emotions that we could address in such scenarios, we target envy. Envy, in its various forms, features prominently in many societal conflicts and upheavals, and has, therefore, the potential to undermine or, conversely, support just intergroup interactions. However, the ambivalent role of this emotion has been scantly analysed in the philosophical literature on transitional justice. We make a start on filling this lacuna by developing a conceptual framework which is necessary to appreciate how envy and its varieties are epistemically and practically relevant to realising interactive justice in transitional justice processes. (shrink)

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I review the circumstances of (...) transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (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)

Forgiveness has enjoyed intense scholarly interest since the 1980s. I provide a historical overview, then identify themes in the literature, with an emphasis on those relevant to the moral psychology of forgiveness in the twenty-first century. I conclude with some attention to dual-process theories of moral reasoning in order to suggest that key debates in forgiveness are not at odds so much as they may be aligned with the different moral aims of moral and mental processes that differ in kind. (...) I argue for the view that the moral aims of forgiveness are multiple, following scholars who maintain a multidimensional account of forgiveness with a focus on the functions of forgiveness in relationships and the importance of forgiveness to its practitioners rather than a unified definition or justification that applies to all moral occasions. (shrink)

For the past thirty years, the Transitional Justice (TJ) research program has been undergoing a period of transition, simultaneously expanding and consolidating; in one sense, expanding its scope to encompass the measurement of TJ’s impact and the redefinition of ‘transitional’ to include societies afflicted by deep social and economic injustice; and in a second sense, consolidating its practical approach to promoting democracy and peace by developing best practices for institutionalizing TJ. While there have been advances in designing new TJ mechanisms (...) and remedying the concept’s under-theorization, little comparative progress has been made to date in offering a guiding framework for TJ’s push to institutionalize. The thesis of this article is that philosophical pragmatism, specifically Deweyan pragmatism, offers a bevy of resources—a virtual tool-kit—for scholars and practitioners wishing to design TJ-friendly institutions within transitional societies. (shrink)

In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...) the final section, I suggest that it is probably better to restrict the label “corrective duties” to duties generated by interpersonal wronging. (shrink)

The conventional interpretation of Hannah Arendt's accounts of forgiveness considers them secularistic. The secular features of her thinking that resist grounding the act of forgiving in divine criteria offer a good corrective to religious forgiveness that fosters depoliticization. Arendt's vision of free politics, however, calls for much more nuance and complexity regarding the secular and the religious in realizing forgiveness for transitional politics than the secularist rendition of her thinking allows. After identifying an area of ambiguity in Arendt's thoughts that (...) invites further investigation of religious forgiveness, this study seeks to relieve her misgivings about religion's role in politics by engaging with Dietrich Bonhoeffer's theology, which emphasizes worldliness and altruism in religious faith. Through constructive engagements with both thinkers, the article presents a balanced Arendtian position that is neither solely secularist nor complacent about religion in politics. (shrink)

The article “Diálogos de paz en Colombia: una Mirada desde la justicia del resarcimiento”[1] holds that the end-of-conflict agreement signed by the Colombian government and the FARC does not bring any general utility; specially because of the absolute impunity that Transitional Justice implies. The deal is dubbed “utilitarian”, meaning that the agreement was made in the personal interests of those who intervened in it -Government and guerrilla-. In contrast, this article will defend the general utility of the agreement and show (...) that, although there are social costs, these were necessary to end the conflict. And they are more than offset in terms of general well-being by the outcome itself.------------------------[1] Article written by Ángel Emilio Muñoz Cardona and published by this journal in the vol. XXI/2 2017. (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)

Journal of Social Philosophy, Volume 53, Issue 2, Page 273-288, Summer 2022.

I examine some of the main philosophical, conceptual and normative issues in Colleen Murphy’s recent book The Conceptual Foundations of Transitional Justice (2017). I am sceptical whether we need yet another theory of justice to fit particular ‘transitional circumstances’, as Murphy argues. Instead, before presenting an alternative normative, ‘moral’ theory, we need to re-examine the very concept of transitional justice. I examine particularly the following. Firstly, what we really mean by ‘transitional justice’ in various contexts; and I argue that transitional (...) justice is not, as Murphy argues, ‘a special kind of justice’ needed during certain periods of political and social change. Transitional justice is rather an escape route from difficult questions of justice that transitional societies must deal with to maintain the delicate balance between justice and peace. Currently, the concept of transitional justice refers most directly to the overarching and expanding ‘toolkit’ of various mechanisms and processes used in post-conflict reconstruction. It is not quite clear how this toolkit fits with current debates on global, international, regional and local justice. Indeed, I would have preferred that Murphy focus on the complex conceptual foundations of transitional justice, rather than build a theory that conceptually and foundationally remains complex and ambiguous. (shrink)

ABSTRACTColleen Murphy has argued that in circumstances of societal transition only one special type of justice is applicable: ‘transitional justice’, a type of justice not reducible to any other type or types. I take issue with Murphy’s conclusion, showing that retributive, distributive and corrective justice all feature as isolable component parts in her own positive account of transitional justice. I also argue that restorative justice is applicable and important in transitional societies when the state itself has perpetrated serious wrongs. Murphy (...) claims that each distinct type of justice is a response to a unique ‘basic problem of justice’, triggered by a background set of ‘circumstances’. However, I argue that identifying such a basic problem neither necessarily means the circumstances in question call for a unique type of justice, nor is sufficient to determine which type of justice is most salient in the circumstances. What is more, I show that Murphy applies her own methodology inconsistently in her treatment of transitional societies and stable democracies. I argue that what Murphy calls ‘transitional justice’ is composed of familiar types of justice as well as other moral values, but also regrettable – though often unavoidable – injustice. (shrink)

In Our Moral Fate, Allen Buchanan defends an account of moral change that is grounded in evolutionary biology. His account offers resources for explaining the possibility of both moral progress and moral regression, where progress and regression are a function of moral inclusion and moral exclusion, respectively. In my commentary, I first offer a brief summary of Buchanan’s argument. I then examine Buchanan’s account from the perspective of transitional justice. Transitional justice provides confirming evidence for some of Buchanan’s substantive claims (...) and challenges the validity of others. I end with a discussion of power and time. Power plays a central role in Buchanan’s account of niche construction, but the locus of power is unspecified. Time scales for moral change are profoundly different for the timeline of transitional justice versus the timeline of evolutionary biology. My discussion of power and time raises questions the nature of the normative guidance Buchanan’s account offers in the short term. (shrink)

This paper examines an application of epistemic injustice not fully explored in the literature. How does epistemic injustice function in broader contexts of relationships within countries between colonizers and colonized? More specifically, what can be learned about the ongoing structural aspects of hermeneutical injustice in Canada’s settler history of the forced assimilation of Indigenous peoples and the resultant erasing and marginalizing of Indigenous histories, languages, laws, traditions, and practices? In this paper, I use insights from Canada’s Truth and Reconciliation Commission (...) report to challenge dominant understandings of reconciliation, reciprocity, respect for agency, and the rule of law in settler nations. In its retrieval of the richness and diversity of Indigenous collective interpretive resources, both past and present, Canada’s Truth and Reconciliation Commission draws on a broad and full account of relationships that have shaped Indigenous lives and communities, non-Indigenous lives and communities, the interactions of Indigenous and non-Indigenous peoples and communities, and the relationships of all of these to and through the state. (shrink)

While there is an acknowledged overlap of transitional justice and jus post bellum, there has been no real attention to delineating a clear relationship between the two or addressing the significan...

I assess the force of a justification for post-conflict amnesties that is aimed at overcoming the most common objection to their conferral: that they entail retributive injustice. According to this justification, retributivists ought to consider amnesties to be justified because they are analogous to plea bargains, and because retributivists need not consider plea bargains to be unacceptable. I argue with reference to the 2001 Timor-Leste immunity scheme that amnesties conditional upon perpetrators’ not only admitting guilt and confessing but also making (...) reparations may count as plea bargains. I show that plea bargains providing sentence discounts in return for guilty pleas, allowing offenders who accept these bargains to be punished in the absence of trials, and plea bargains offering leniency in punishment in exchange for offenders pleading guilty and providing testimony or other incriminating evidence against superiors or accomplices, may be consonant with versions of retributivism that allow less than the full measure of an offender’s deserved punishment to be exacted where necessary to maximise or expand deserved punishment overall. I argue that amnesties that are also plea bargains may be considered justified by plea bargain-defending retributivists. So too may amnesties conferred in exchange for perpetrators’ admitting guilt and providing incriminating testimony or other evidence against their superiors and accomplices, some of which count as plea bargains, since they too could in some cases maximise or expand deserved punishment. (shrink)

Processes of transitional justice deal with large-scale wrongdoing committed during extended periods of conflict or repression. This paper discusses three common moral objections to processes of transitional justice, which I label shaking hands with the devil, selling victims short, and entrenching the status quo. Given the scale of wrongdoing and the context in which transitional justice processes are adopted, compromise is necessary. To respond to these objections, I argue, it is necessary to articulate the conditions that make a compromise principled. (...) I defend three criteria that distinguish principled from unprincipled compromises. (shrink)