Political theorists tend to dismiss the concept of constitutional patriotism for two main reasons. On the one hand, constitutional patriotism — understood as a post-national, universalist form of democratic political allegiance — is rejected on account of its abstract quality. On the otherhand, it is argued that constitutional patriotism, while apprearing universalist, is in fact particular through and through. According to this genealogical critique, it is held that constitutional patriotism might have been appropriate in the context when it originated — (...) namely West Germany, a half-nation with a deeply compromised sense of nationality on account of the Nazi past — but it is not universally applicable. This article reconstructs the origins of constitutional patriotism arguing that both the ‘protective’ and state-centred patriotism of Dolf Sternberger, and the ‘purifying’ patriotism of Jurgen Habermas — focused mainly on the public sphere — can indeed be understood as relying on ‘supplements of particularily’. However, there are also normative connections between universalist constitutional morality and militant democracy on the one hand, and universalist constitutionalist morality and an imperative to remember on the other. Thus, the genealogical critique by itself is insufficient to invalidate the idea of constitutional patriotism. (shrink)

The question of forgiveness in politics has attained a certain cachet. Indeed, in the fifty years since Arendt commented on the notable absence of forgiveness in the political tradition, a vast and multidisciplinary literature on the politics of apology, reparation, and reconciliation has emerged. To a novice scouring the relevant literatures, it might appear that the only discordant note in this new veritable symphony of writings on political forgiveness has been sounded by philosophers. There is a more-than-healthy cynicism directed at (...) what many philosophers see as an uncritical promotion of forgiveness, which – they fear – risks distorting and cheapening forgiveness as a moral ideal, on the one hand, and ignoring the moral and political values of justice, accountability and the cessation of harmful relationships, on the other. Are philosophical fears about the dangers of thinking about forgiveness in political terms warranted – or do they perhaps depend in part on conceptual conservatism regarding what exactly political forgiveness might be? I argue that most, if not all, standard objections to political forgiveness emerge from theoretical reliance on a picture of forgiveness I will call the Emotional Model. Once we make conceptual space for descriptions of forgiveness in performative and social terms, the concept is more easily adapted to a political account without at least some of the risks feared by philosophers. (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)

This article considers the difficult question of whether there are any reasons for theocratic religious devotees to affirm liberalism and liberal institutions. Swaine argues not only that there are reasons for theocrats to affirm liberalism, but that theocrats are committed rationally to three normative principles of liberty of conscience, as well. Swaine subsequently discusses three institutional and strategic implications of his arguments. First, he outlines an option of semisovereignty for theocratic communities in liberal democracies, and explains why an appropriate valuation (...) of liberty of conscience may justify a standard of that kind. Second, he addresses the question of permissible government aid for religion and symbolic endorsement of religious groups. Third, Swaine considers innovations and new approaches that could be employed internationally to better display liberal government's affirmation of religiosity, to promote liberty of conscience, and to help improve relations between liberal and theocratic parties around the globe. (shrink)

Deliberative democracy is often celebrated and endorsed because of its promise to include, empower, and emancipate otherwise oppressed and excluded social groups through securing their voice and granting them impact in reasoned public deliberation. This article explores the ability of Habermas’ theory of deliberative democracy to accommodate the demands of historically excluded social groups in democratic plural societies. It argues that the inclusive, transformative, and empowering potential of Habermas’ theory of deliberative democracy falters when confronted with particular types of historical (...) injustices. It falters because it pays little attention to the historical dimension of injustices and the demands to which it gives rise. The historical dimension of longstanding injustices, it is argued, gives rise to a set of distinctive demands, such as collective memory of exclusion, acknowledgement of historical injustices, taking responsibility, and offering apology and reparations for causing these injustices, which go beyond the type of democratic inclusion that is often offered by deliberative democracy. Yet, the solution is not to abandon the model of deliberative democracy. Quite the contrary, it remains a valuable basis for forward-looking political decision making. The article concludes that in order to achieve inclusive, empowering and transformative deliberation in consolidated democracies that have experienced historical injustices, the politics of reconciliation is indispensable. (shrink)

This article considers how reconciliation might be understood as a democratic undertaking. It does so by examining the implications of the debate between theorists of ‘deliberative’ and ‘agonistic’ democracy for the practice of democracy in divided societies. I argue that, in taking consensus as a regulative idea, deliberative democracy tends to conflate moral and political community thereby representing conflict as already communal. In contrast, an agonistic theory of democracy provides a critical perspective from which to discern what is at stake (...) in the politics of reconciliation since it understands community as a contingent achievement of political action. As such, an agonistic account of democracy suggests the possibility of retrieving the concept of reconciliation from a statesanctioned project of nation-building for a democratic politics centred on the possibilities of self-determination and solidarity among citizens divided by a history of state violence. Key Words: agonism • deliberation • democracy • reconciliation • transitional justice. (shrink)

This article investigates the articulation of political demands by Khulumani, a South African a victim support group. The analysis of their demands is situated in the context of their response to the shortcomings of the TRC and the failures of the South African government to live up to their promises and commitments on reparation for victims of gross human rights abuses under apartheid. The article draws on a post-structuralist approach to discourse analysis, in particular on the work of Laclau and (...) Rancière, to analyse the processes through which demands appear on the political stage and are articulated in response to other political projects. Concretely it traces out the change from a discourse of ‘reconciliation’ to one of ‘redress’, showing how the latter opens up a new horizon of political imagination and action. (shrink)

Canada’s Truth and Reconciliation Commission (TRC) is tasked with facing the hundred-year history of Indian Residential Schools. The South African Truth and Reconciliation Commission is frequently invoked in relation to the Canadian TRC, perhaps because this is one of the few TRCs worldwide that Canadians know. Whilst the South African TRC is mainly applauded as an international success, I argue that loose analogizing is often more emotive than concise. Whilst much indeed can be drawn from the South African experience, it (...) is important to specify the Canada–South Africa analogy. In this article, I do so by focussing on the institutional approach to truth and how this relates to issues of settler/White denial. The South African experience teaches that narrow approaches to truth collude with superficial views of reconciliation that deny continuities of violence. Consequently, I argue that Indigenous–settler reconciliation requires a broad truth that locates residential schools on a continuum of violence, linking extraordinary abuses with structural injustices and historic colonization with lived relationships. (shrink)

The COVID-19 pandemic has been unprecedented, in every sense of the word. At the time of writing, there have been nearly 80 million confirmed cases of coronavirus and nearly 2 million deaths worldw...

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)

In the last decades, the notions of forgiveness and reconciliation have been applied more and more in the public sphere. This paper claims that forgiveness in transitional justice practices is often difficult if not impossible to achieve, and that it could generate counterproductive processes. It is unclear what ‘collective forgiveness’ is, if it is a realistic concept at all. The expectation of forgiveness seems to generate much resistance, even when former oppressors take up responsibility or show regret. Often past-sensibilities are (...) too strong, and in many victim-groups self-respect is lacking. Moreover, the role of emotions in public settings remains obscure. These complexities raise the question of whether forgiveness is an appropriate ideal to aim at in transitional justice practices, especially when participants are involved in attempts at reconciliation in more or less coercive ways. To give up the ideal of forgiveness, however, does not imply that reconciliation is unattainable. Alternative accounts of reconciliation are presented which do not start from forgiveness. These alternative accounts show that reconciliation is possible, but it seems important for former victims to regain some sense of self-worth and recognition by others first. Only then people can enter into the long process of rebuilding relationships of trust with former wrongdoers. (shrink)

In their address of structural racism in healthcare, Sabatello and colleagues provide both a remarkable review of the empirical literature regarding the disproportionate impacts of the COVID...

Over the past decade a substantial literature has emerged on the concept of political forgiveness and the process of restorative justice. This article argues that importing an idea of forgiveness into political affairs is a mistake. It is not necessary for the promotion of peace and security, and it is has been construed in a way that leans heavily toward Christian conceptions of forgiveness, as is evident in the influence of Desmond Tutu. The article also examines the influence of Hegelian (...) recognition theory in current discussions of the political benefits of forgiveness, and reviews the case of postwar German-Jewish relations, which conformed more closely to traditional Jewish thinking on forgiveness than to the Christian-Hegelian model. (shrink)

This paper interprets the relation between justice and legitimacy found in John Rawls's Political Liberalism and then applies it to the field of transitional justice. The author argues that transitional mechanisms can be better defended in terms of “legitimacy” than in “justice,” because the circumstances of transitional justice admit of reasonable disagreement over “just” public policy. In such circumstances, policy recommendations can always be construed as falling short of justice, thus raising plausible concerns over their normative justification. This paper attempts (...) to answer such concerns by justifying transitional mechanisms as morally appropriate yet less than fully just. The author explains how the concept of legitimacy facilitates such a justification and how such a justification can secure the normative grounds that are ironically threatened by investigations relying on a concept of justice. (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)

Across almost a decade, Desmond Tutu, Anglican cleric and chairman of South Africa’s Truth and Reconciliation Commission, supported a model of civil resistance against the apartheid regime based solely on religious argument. Tutu is one of what Appleby (2000) calls the “religious militants for peace”: people of faith who use religious arguments to buttress resistance against unjust regimes and to support vital political change with regard to rights and justice. Yet the employment of religious arguments to justify political action seems (...) to contradict the liberal democratic requirements of public reason, particularly the duty of liberal citizens to provide reasons that others could reasonably endorse. If “religious militants” violate their duty of civility by appealing to their comprehensive doctrines, should liberal democracy exclude this form of religiously founded dissent as being unreasonable? Or, rather, should liberal democracy embrace and support the efforts of “religious militants” to enhance and/or restore political justice? (shrink)

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

En este artículo se plantea si es posible en un proceso de negociación de un gobierno con un grupo rebelde proponer una amnistía o el perdón jurídico de crímenes internacionales. De un lado, el derecho internacional penal ha hecho posible sancionar los crímenes más graves mediante la intervención de tribunales internacionales. Pero de otro lado, si en la negociación se busca someter a los miembros del grupo rebelde a tribunales nacionales o internacionales, la paz les puede parecer demasiado costosa. Preferirán (...) seguir en la guerra a aceptar unas condiciones en los diálogos que sean absolutamente contrarias a sus intereses. (shrink)