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)

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)

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

This article provides an exposition of restorative justice ethics, briefly explaining how and why its relational constitution enables it to comprise a theory of justice. I then describe how that relational constitution permits it to overlap, and work in tandem, with a wide range of religious and philosophical traditions. Numerous writings in religion and peacebuilding explore the roles that restorative justice has played in transitional justice contexts (Tutu 2000, Abu-Nimer 2001, de Gruchy 2002, Biggar 2003, Walker 2004, Villa-Vicencio 2009). Less (...) examined are cases in which restorative justice aims to provide a sustainable alternative to justice institutions and systems that generate substantial systemic injustices—what peace studies scholars describe as the inter-lacing of structural, cultural, and direct forms of violence (Springs 2015). In part two, then, I make the case that intervening in, and countering, structural and cultural violence, and systemic injustices, is conceptually intrinsic to restorative justice. Moreover, this opens possibilities for restorative justice to present sustainable alternatives to—and work to transform— structural violence occurring in retributive justice systems. Restorative justice can uniquely intervene in these ways, I argue, because of the form of moral and spiritual association its relational constitution engenders. As a test case, I briefly examine its capacity to intervene in the justice system that perhaps leads the world in the levels of structural and cultural violence—the United States. (shrink)

This paper discusses reconciliation as a strategy to heal social wounds caused by dictatorial regimes or deep economic crises. The paper treats two such examples: The failed attempts of the Icelandic government to reach a deal with the UK and the Netherlands about the repayment of debts incurred by the bankrupt Landsbanki Íslands and the prosecution of Mr. Geir Haarde, formerly Prime Minister of Iceland. It is argued that although reconciliation strategies have in some cases been partially successful, it can (...) be counterproductive to prefer moral aspirations or goals, such as rebuilding trust after serious political, social or economic disintegration, to strictly legal ways of dealing with individual cases. As the case with Mr. Haarde shows, the endeavor to achieve moral goals using legal means can backfire in unexpected ways. (shrink)

There has been a recent revival of interest in the medieval just war theory. But what is the virtue of justice needed to make war just? War is a complex and protracted activity. It is argued that a variety of virtues of justice, as well as a variety of virtues are required to guide the application of the use of force. Although it is mistaken to regard war as punishment, punitive justice—bringing to account those guilty of initiating an unjust war (...) or of war crimes in its conduct— has an important role to play after conflict to restore the wrongs of war and help establish a just peace. Justice as fairness is needed to guide the distribution of resources and so reduce the grounds for war. Protective justice—protecting a community or innocents from harmful attack—helps define what constitutes a just cause for war and so constrains the occasions for war. The just principles set out the criteria to be met if war is to be morally permissible. In practice, this challenging demand requires that political leaders and military at all levels learn and exercise the virtues, particularly the cardinal virtues of justice, courage, self-control and practical wisdom. If we are to make war just and to make only just war, we need justice understood in its broadest sense. Such justice, as Aristotle noted, “is not a part but the whole of virtue.”. (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)

During the period of military-backed government, South Korea faced various political and economic challenges: poverty and inequality in society; human rights abuses by military governments; and confrontation with the communist North. This article examines Psalm 85: 10 in the light of the political context of South Korea and the way minjung theologians and artists understood and utilized the passage for their struggle with the governments and mega-companies. The article argues that the fight for justice for the poor and oppressed is (...) what has brought a sustainable peace in South Korea, and that although justice seeking and peace-building should be implemented simultaneously as the Scripture implies, if one has to prioritize between the two, justice-seeking has to take precedence. (shrink)

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)