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 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)

The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that this phenomenon is, (...) in part, a consequence of (i) the almost universal use of service-delivery criteria in the evaluation of Restorative Justice programs, and (ii) the absence of research on the interactional processes involved within the victim-offender encounter itself, using suitably designed methodological tools. (shrink)

I processi di transizione post-conflitto pongono questioni prominenti per l’agenda politica globale. Si pensi, per esempio, alla transizione democratica in Sud Africa dopo la fine dell’Apartheid o alla ricostruzione politica dei paesi facenti parte dell’ex-Jugoslavia all’indomani delle guerre dei Balcani. Quali principi normativi dovrebbero informare tali processi? Questa domanda è al cuore del crescente dibattito sulla “giustizia transizionale”. Questo dibattito si è concentrato principalmente sulla rettificazione delle ingiustizie occorse a causa dei torti perpetrati e subiti dalle parti coinvolte. Di conseguenza, (...) la giustizia è stata tipicamente concepita come una proprietà di esiti distributivi di diritti e opportunità. I processi di transizione post-conflitto sono giusti nella misura in cui sono in grado di condurre a tali esiti. Un simile approccio orientato agli esiti è capace di rendere conto di dimensioni morali, animate da preoccupazioni di giustizia e/o pacificazione, che dovrebbero certamente figurare nella caratterizzazione e valutazione normativa dei processi di transizione. Tuttavia, esso rischia di perdere di vista un’altra dimensione egualmente rilevante che riguarda le qualità inerenti ai processi di transizione stessi. Per illuminare questa dimensione, vorrei portare l’attenzione su di una diversa idea di giustizia che riguarda le proprietà inerenti alle interazioni tra persone; la giustizia nelle interazioni. La tesi che sosterrò è che le procedure costitutive dei processi di transizione post-conflitto non dovrebbero essere disegnate con la sola o prioritaria preoccupazione di condurre le parti a un consenso o compromesso su di un accordo capace di rettificare le ingiustizie perpetrate e subite. È anche necessario che questi processi siano strutturati in modo da consentire alle parti di reinterpretare il loro conflitto come un problema condiviso, che richiede l’instaurazione di dinamiche d’interazione cooperative capaci di realizzare forme di trattamento inerentemente giuste delle loro pretese reciproche. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem (...) of the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (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)

In the unfolding debate on the prospects, challenges and viability of the imminent transition towards a ‘Bio-Based Society’ or ‘Bio-based Economy’—i.e. the replacement of fossil fuels by biomass as a basic resource for the production of energy, materials and food, ‘big’ concepts tend to play an important role, such as, for instance, ‘sustainability’, ‘global justice’ and ‘naturalness’. The latter concept is, perhaps, the most challenging and intriguing one. In public debates concerning biotechnological interactions with the natural environment, the use of (...) terms such as ‘nature’ and ‘naturalness’ is both inevitable and hazardous . Indeed, various conflicting interpretations of naturalness play a role on both sides of the current debate. This paper aims to analyse and critically assess the role of ‘nature-speak’ in the BBS transition. We will begin with a concise overview of the vicissitudes of the nature-concept so far, focussing on how modern science and technology have challenged and affected our understanding of what nature is. Subsequently, we describe how ‘naturalness’ functions in the unfolding BBS debate. Finally, we will focus on a particular case study, namely the production of rubber with the help of natural latex coming from dandelion plants rather than from rubber trees. On the one hand, this is presented as a more natural and nature-friendly way of producing rubber. On the other hand, it is a sophisticated process, involving high technology and primarily focussed on competitiveness on the global market. To what extent or in what sense can dandelion latex be regarded as more natural? And what can we learn from this case study when it comes to addressing naturalness in the broader conceptual and bio-political arena? (shrink)

In A Theory of Justice, John Rawls discusses “the problem of envy”, namely the worry that the well-ordered society could be destabilized by envy. Martha Nussbaum has proposed, in Political Emotions: Why Love Matters for Justice, that love, in particular what she calls civic friendship, is the solution to this problem. Nussbaum’s suggestion is in accordance with the long-standing notion that love and envy are incompatible opposites, and that the virtue of love is an antidote to the vice of envy. (...) I argue that this idea is misguided, and that love and envy are opposite sides of the same coin: what Kant called “unsociable sociability”. Love and envy arise from the same psychological mechanisms and thrive in the same social and personal conditions; thus, it’s not possible to have one without the other. However, there are other solutions to the problem of envy, including favoring the arousal of emulative envy. -/- . (shrink)

Using artificial intelligence (AI) to make decisions in human resource management (HRM) raises questions of how fair employees perceive these decisions to be and whether they experience respectful treatment (i.e., interactional justice). In this experimental survey study with open-ended qualitative questions, we examine decision making in six HRM functions and manipulate the decision maker (AI or human) and decision valence (positive or negative) to determine their impact on individuals’ experiences of interactional justice, trust, dehumanization, and perceptions of decision-maker role appropriate- (...) ness. In terms of decision makers, the use of human decision makers over AIs generally resulted in better perceptions of respectful treatment. In terms of decision valence, people experiencing positive over negative decisions generally resulted in better perceptions of respectful treatment. In instances where these cases conflict, on some indicators people preferred positive AI decisions over negative human decisions. Qualitative responses show how people identify justice concerns with both AI and human decision making. We outline implications for theory, practice, and future research. (shrink)

Abstract: Justice is one of the core humanistic values and behavioral model in societal life. In the mythology of the ancient Roman civilization, Veritas refers to an ultimate moral ideal, whereas in Greek tradition fairness and equity essentially define Aequitas. Hence, political theory determining the inner interpretation of Veritas et Aequitas finds justice in truth as truth is just. While people are naturally inclined to justness, different cultures differently understand its internal norm of correctness and power of apprehending justice appears (...) as either human-created or what came into being itself. However, what is potentially ambiguous is whether it belongs to all or only to some. The often conflicting interpretations of justice made the study unfold the notion through the basic features of its transitional, retributive and distributive inner, show what the Original Position evolved into, reveal (in)conformity between fundaments of liberty, individual and general, and point to exaggerating complexity in defining the core of the notion. (shrink)

This article critically analyzes Rawls’s attitude toward envy. In A Theory of Justice, Rawls is predominantly concerned with the threat that class envy poses to political stability. Yet he also briefly discusses the kind of envy that individuals experience toward their social peers, which he calls particular envy, and which I refer to as peer envy. He quickly concludes, however, that particular envy would not present a serious risk to the stability of his just society. In this article, I contest (...) this claim by arguing that the principles that structure Rawls’s ideal society are likely to exacerbate particular envy to a politically risky extent. Section 1 reconstructs his account of envy, giving special attention to his belief that competition kindles envy between peers. Section 2 then examines the way in which Rawls often endorses rivalry within the body politic. I argue that the society governed by justice as fairness is, on account of this rivalry, likely to generate a politically problematic degree of particular envy. In Section 3, I invoke ancient Greece as an example of a society that was, as a result of its intense competitiveness, often imperiled by dangerously elevated levels of peer envy. I then survey the key institutional mechanisms by which the ancient Greeks sought to manage this hazardous emotion. It turns out, however, that most of these mechanisms would be unavailable to Rawls insofar as they starkly contravene his principles of justice. I conclude that if Rawlsians wish to establish a society that fosters rivalry, they would do well to reflect on the means by which peer envy can be effectively harnessed. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

The evolution of altruism in human societies has been intensively investigated in social and natural sciences. A widely acknowledged recent idea is the “parochial altruism model,” which suggests that inter- group hostility and intragroup altruism can coevolve through lethal intergroup conflicts. The current article critically examines this idea by reviewing research relevant to intergroup conflicts in human evolutionary history from evolutionary biology, psychology, cultural anthropology, and archaeology. After a brief intro- duction, section 2 illustrates the mathematical model of (...) parochial altruism and some critiques of the model and its interpretation, primarily from an evolutionary biology point of view. Section 3 delves into the archaeological evidence of prehistoric intergroup conflicts in the Japanese archipelago’s Jomon and Yayoi periods, Europe’s Mesolithic period, and North America’s Pacific period as counter examples of the paro- chial altruism model. In section 4, the ethnographies of intergroup relationships and conflicts reveal that intergroup relationships in many ethnic groups are not as simple as the assumption in the mathematical model of parochial altruism. In section 5, we outline psychological research on intergroup conflicts which suggest that intergroup hostility and ingroup altruism are not necessarily correlated. In conclusion, we argue that the assumption and parameter settings of the parochial altruism model are inconsistent with empirical data. (shrink)

Background: Smart sensors have been developed as diagnostic tools for rehabilitation to cover an increasing number of geriatric patients. They promise to enable an objective assessment of complex movement patterns. -/- Objective: This research aimed to identify and analyze the conflicting ethical values associated with smart sensors in geriatric rehabilitation and provide ethical guidance on the best use of smart sensors to all stakeholders, including technology developers, health professionals, patients, and health authorities. -/- Methods: On the basis of a systematic (...) literature search of the scientific databases PubMed and ScienceDirect, we conducted a qualitative document analysis to identify evidence-based practical implications of ethical relevance. We included 33 articles in the analysis. The practical implications were extracted inductively. Finally, we carried out an ethical analysis based on the 4 principles of biomedical ethics: autonomy, beneficence, nonmaleficence, and justice. The results are reported in categories based on these 4 principles. -/- Results: We identified 8 conflicting aims for using smart sensors. Gains in autonomy come at the cost of patient privacy. Smart sensors at home increase the independence of patients but may reduce social interactions. Independent measurements performed by patients may result in lower diagnostic accuracy. Although smart sensors could provide cost-effective and high-quality diagnostics for most patients, minorities could end up with suboptimal treatment owing to their underrepresentation in training data and studies. This could lead to algorithmic biases that would not be recognized by medical professionals when treating patients. -/- Conclusions: The application of smart sensors has the potential to improve the rehabilitation of geriatric patients in several ways. It is important that patients do not have to choose between autonomy and privacy and are well informed about the insights that can be gained from the data. Smart sensors should support and not replace interactions with medical professionals. Patients and medical professionals should be educated about the correct application and the limitations of smart sensors. Smart sensors should include an adequate representation of minorities in their training data and should be covered by health insurance to guarantee fair access. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one (...) of maximum independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (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)

In this chapter, I argue that a certain kind of envy is not only morally permissible, but also, sometimes, more fitting and productive than admiration. Envy and admiration are part of our emotional palette, our toolbox of evolutionary adaptations, and they play complementary roles. I start by introducing my original taxonomy of envy, which allows me to present emulative envy, a species of envy sometimes confused with admiration. After reviewing how the two emotions differ from a psychological perspective, I (...) focus in particular on the distinct and complementary roles they play in the ethical and political domains. (shrink)

Religion and culture are interwoven and this can be seen among the Oron people in their use of the shrine as a socio-cultural and ethical institution. The shrine is an embodiment and the symbol of the very traditional religion of the people. As such, the shrine serves as a medium through which the norms, values, ethics, taboos, and morals are taught and enforced. There is also a great relationship between religion and justice as the shrine (Afi/Obio) as an ethical institution (...) serves as a tribunal of justice by the deities, divinities, and ancestors under the guidance and administration of the priest in tackling and resolving criminal activities, disputes as well as restoring social order and justice in Oron traditional society. The Oron Afi/Obio (Shrine) method of administering justice is beyond the Empirical application of the modern judiciary system that relies on physical facts and shreds of evidence, while the shrine, also, uses spiritual methods that involve Oath taking, incantation and necromancy. Globalization rather than modifying the lapses and loopholes of this system in the parlance of morality, ethics, and health has led to its abolition and break down. This work adopts the qualitative method. This work as primary research uses the conflict theory, phenomenological and Historical method. It identifies globalization as a threat to the traditional justice system and recommends that the shrine is a multi-faceted institution whose function can be adopted and applied to the Nigerian legal system where there is no or little evidence and oath swearing for politicians in our contemporary society. (shrink)

This paper explores the feasibility of offering a restorative justice (RJ) approach in cases of domestic violence (DV). I argue that widely used RJ processes—such as ‘conferencing’—are unlikely to be sufficiently safe or effective in cases of DV, at least as these processes are standardly designed and practiced (Sections 1-6). I then support the view that if RJ is to be used in cases of DV, then new specialist processes will need to be co-designed with key stakeholders to ensure (...) they embody not only RJ principles, but also feminist theory and the concept of transformative justice (Section 7). (shrink)

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the (...) need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect (...) both the theoretical and practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

Human-wildlife interactions frequently lead to conflicts – about the fair use of natural resources, for example. Various principled accounts have been proposed to resolve such interspecies conflicts. However, the existing frameworks are often inadequate to the complexities of real-life scenarios. In particular, they frequently fail because they do not adequately take account of the qualitative importance of individual interests, their relative importance, and the number of individuals affected. This article presents a limited aggregation account designed to overcome these shortcomings and (...) thus to facilitate decision-making in real-world human-wildlife conflicts. (shrink)

This article responds to Nir Eisikovits’ recent book Sympathizing with the Enemy: Reconciliation, Transitional Justice, Negotiation (Martinus Nijhoff Publishers, 2010).

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal (...) criminal liability for corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

This Consultation Report was part of a wider project that aimed to explore the feasibility of a restorative justice service in the context of work-related deaths in Victoria, the first part of which involved a Literature Review. The aim of this Report was: (1) To present the responses that were received in the consultation process.
(2) To identify the views of individuals, drawn from key stakeholder groups, on the project's three working hypotheses. (3)
To make a set of recommendations, (...) based on the findings of the research project, for the use of restorative justice as a means of addressing the harm caused by work-related deaths. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural relationships. (...) In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

Abstract: Colombia's armed conflict, one of the longest in the world, requires a special approach to transitional justice strategies. Institutionalized practices customs. Approach it from a perspective that, with the legislative and judicial actions, give rise to political-educational and ethical-cultural actions is key. Recognition and legitimacy are complementary. With Carlos S. Nino, we see the law as a collective action in time.

The present research used archaeological data, i.e., the data obtained from kamekan jar burials in the Mikuni Hills of the northern Kyushu area in the Mid- dle Yayoi period, to test the parochial altruism model. This model argued that out-group hate and in-group favor coevolved via prehistoric intergroup conflicts. If this model is accurate, such an out-group hate and in-group favor could be re- flected in the archaeological remains, such as pottery making; the more frequent intergroup conflicts are (...) and the more each group is opposed, the more independent and coherent each group will be and more evident cultural identity could be estab- lished within each group. We employed an elliptic Fourier analysis for the shapes of kamekan jar burials. We examined whether frequent intergroup conflicts in the period influenced kamekan jar pottery between subareas of the Mikuni Hills. The results suggested that the shapes of kamekan jar burials after the KIIIa type are slightly different between subareas, which is partially consistent with the model. However, the results do not support the model directly. (shrink)

Restorative justice (RJ) in the secure estate is widespread internationally, although piecemeal and inconsistent in its application. It exists in the form of many practices such as mediation, conferencing, circles, and panels. As the interest in RJ continues to grow, this research takes a step back to ask how reconcilable RJ is with incapacitation. Through a combination of normative thinking, literature review, and primary research that applied qualitative methodologies over a 3-year period, the article examines where the two notions (...) meet in their intentions and expected outcomes. A new classification of restorative practices in prisons is proposed, placed in the context of case studies of existing programs from around the world. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

The undead have been evoked in philosophical hypotheses regarding consciousness, but such discussions often come across as abstract academic exercises, inapplicable to personal experience. Movie zombies illuminate these somewhat opaque philosophical debates via storytelling devices – narrative, characterization, dialogue and so forth – which approach experience and consciousness in an instinctively accessible manner. This chapter focuses on a particular strand of the subgenre: transition narratives, in which human protagonists gradually turn into zombies. Transition stories typically centralize social relationships; affiliations and (...) interactions with other beings that give her (human) life meaning. These narratives routinely posit that consciousness and sociosexuality are intertwined aspects of experience that distinguish human from zombie, foregrounding a core romantic coupling and charting its decline as the protagonist transforms into a flesh-eating monster. These notions are explored via an indicative case study: Pretty Dead (2013). The film brings two views on the self – intuitive and empirical – into direct conflict, questioning their compatibility. The protagonist’s sociosexual decline is employed to illustrate that a) there is a troubling disjuncture between rationalist-theoretical conceptions of selfhood and selfhood as it is experienced in the real, social realm, and b) there is a natural bridge between personal, introspective self-knowledge and external social selfhood. By depicting a form of selfhood that defies rationalist logic (zom-being), transitional zombie films not only animate philosophical debates about consciousness, but also challenge their viewers to develop new conceptual (theoretical and imaginative) vocabularies via which to describe and engage with both selfhood and sociosexuality. (shrink)

This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns (...) informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. -/- This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world. (shrink)

This study aimed to identify the interactive justice and its impact on the organizational loyalty of the Faculty Staff in the Technical University of Palestine-(Kadoorei). In order to achieve this, the researchers used a questionnaire consisting of (22) paragraphs where the first area (10) paragraphs looking at interactive justice, while the second area (12) in the area of organizational loyalty to the Faculty Staff at the university, where it was distributed to (105) individuals from the study sample, and (...) after the process of distribution of the questionnaire was collected and coded and entered into the computer and processed statistically using the statistical package of social sciences. The results of the study indicated that there is a statistically significant effect at the level of significance (α = 0.05) between the interactive justice at the Technical University of Palestine (Kadoorei) at the level of organizational loyalty among the teaching staff of the university. In light of the results of the previous study, the researchers recommended several recommendations, namely, the need for the university to pay attention to the level of interactive justice at department heads and to show more democracy in the decision-making mechanisms of Faculty Staff. (shrink)

This essay offers an answer to the question of what societies afflicted by atrocities ought to transition into. The answer offered is able to better direct the evaluation of previous models and the design of new models of transitional justice. -/- Into what, then, should transitional justice transition? I argue in this essay that transitional justice should be a transition into the political, understood in its robust liberalism version. I further argue that the most significant part of (...) transitions ought to happen in the minds of the members of political communities, precisely where the less tangible and yet most important dimension of the political sets root. Both of these points are missing in transitional justice models and debates. In the current scenario of transitional justice models and debates, transitional justice practices and processes, as well as the normative forms of discourse that accompany them, fail to fully take the political as an end, thus failing in both transition and justice. (shrink)

Human rights and restorative justice are rarely brought under the same spotlight despite their normative similarities. In fact, this gap becomes even more apparent when put in the context of policy and practice internationally. Firstly, there is a developing gap between public perception and evidence-based depiction of crime. Secondly, scholarly debates are rarely reflected in criminal justice policy and legislation. This failure has an impact on recidivism, the spiralling costs of penal interventions, but most importantly on how we view (...) our interpersonal and inter-communal relationships. -/- This unique collection of papers brings together international leading experts in human rights and restorative justice to address a gap in the literature. From reconstructing and restorative human rights for restorative justice to addressing issues such as the standardisation of restorative justice, this edited volume is a must read for researchers, practitioners and campaigners. (shrink)

El conflicto armado colombiano, uno de los más largos del mundo, requiere un enfoque especial para estrategias de justicia transicional. Las prácticas institucionalizan costumbres. Enfocarlo desde una perspectiva que, junto a las acciones legislativas y judiciales, dé el lugar a acciones político-educativas y ético-culturales, es clave. Reconocimiento y Legitimidad son complementarias. Con Carlos S. Nino, vemos el Derecho como acción colectiva en el tiempo. Palabras clave: Legitimidad – Ciudadanía – Compromiso – Reconocimiento –Postconflicto - Justicia transicional. Abstract: Colombia's armed (...) class='Hi'>conflict, one of the longest in the world, requires a special approach to transitional justice strategies. Institutionalized practices customs. Approach it from a perspective that, with the legislative and judicial actions, give rise to political-educational and ethical-cultural actions is key. Recognition and legitimacy are complementary. With Carlos S. Nino, we see the law as a collective action in time. (shrink)

In this article, I analyze norm enforcement on social media, specifically cases where an agent has committed a moral transgression online and is brought to account by an Internet mob with incongruously injurious results in their offline life. I argue that users problematically imagine that they are members of a particular kind of moral community where shaming behaviors are not only acceptable, but morally required to ‘take down’ those who appear to violate community norms. I then demonstrate the costs that (...) are associated with this strategy; the most worrisome being those that distort the nature of moral dialog and the purpose and effectiveness of accountability practices online, creating a vitriolic and polarising online environment. Because of these negative consequences, I suggest that we ought to hold others accountable for restorative ends. I argue that restorative accountability practices can help us cultivate new norms online that rely less for their enforcement upon negative acts such as shame, and more upon positive acts that focus upon the most appropriate way to make amends to the victim(s) and the community. In this sense, restorative accountability incorporates important elements from the ethics of care, a relational ethics that values creating, promoting, and restoring good social and personal relationships. I conclude by arguing that accountability practices premised on the ethics of care produce better outcomes for the victim (s) of a moral violation, the transgressor, and the community. (shrink)

Unquestionably, Restorative Justice (hereafter RJ) has finally gathered some real momentum. It has become a sine qua non topic in many national and international policy and statutory agendas. However, as the restorative practice expands to deal with crimes, ages and situations it has never addressed before (at least in its contemporary version), and as its application starts to make sense not only to national but also to regional and international bodies and fora, new theoretical problems are posed. In (...) the fast-growing literature many theories and Schools have been evoked to support RJ's claims. This paper will take the discussion a step back by looking at questions of meta-theoretical character. In particular, the paper will ask: Does RJ have a place in the “world of theories,” and if it does, then what kind of theory is it, and on what level should it be placed? Second, does RJ theory need a philosophy, and why? Finally, how can restorative practices be morally justified? (shrink)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This paper focuses (...) on issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (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 is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality (...) as potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...) other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment (...) and policing regime in terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing, pervasive structural inequality, and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition. (shrink)

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes (...) punitive disavowal but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)