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)

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

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)

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)

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)

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)

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)

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)

Transitional justice theorizing has the tendency to smuggle in an over-reliance on dualities: one’s resentment can give rise to either vengeance or forgiveness, but not both; one can either be fueled by anger or by the hope of progress, but not both; and so on. This dualistic way of thinking replicates the kinds of false dichotomies that hamstring other societal movements, among them the struggle against racism. Drawing on Myisha Cherry’s case for so-called ‘Lordean rage’ within the context of (...) the anti-racist movement, I make the case that transitional justice in general would be well-served by centering the transformative power of emotion (even and especially when that emotion defies oversimplified and strict categorization). (shrink)

This essay defends a pragmatic approach to transitional justice by arguing that it provides a convincing view of the relationships between theory and practice and is true to the nature of democratic justice itself.

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)

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

Los movimientos #MeToo de Hollywood, #YoSiTeCreo de España y #MiraComoNosPonemos de Argentina son el punto de partida de una transición promovida por el movimiento feminista. Esta transición está dirigida a una sociedad justa en la que las mujeres no sean víctimas de violación y acoso que, además, quedan impunes. La perpetración de los males que estos movimientos buscan eliminar ha sido posible hasta ahora, entre otras cosas, dado el déficit de credibilidad que afecta a las mujeres que denuncian tales delitos. (...) En este artículo, me centraré en el caso de la injusticia testimonial y trataré de responder la pregunta sobre qué requiere la transición de una sociedad con altos niveles de injusticia testimonial a una sociedad epistémicamente justa. Para hacerlo, en la Sección 1 trataré de especificar el tipo de mal que implica la injusticia testimonial. En la Sección 2 mostraré que la injusticia testimonial, como una especie de dominación estructural, consiste en una desviación del umbral de la justicia diferente de los dos tipos citados habitualmente. Por lo tanto, la dominación estructural constituye un tipo de injusticia diferente de la desviación del umbral de la justicia debido a la acción incorrecta de un agente o agencia y la desviación debido a factores arbitrarios como la lotería genética. Sin embargo, comparte similitudes con ambos tipos de desviaciones. En la Sección 3 analizaré las particularidades de la justicia de transición epistémica, explorando los puntos de conexión con otros casos de justicia de transición y tratando de especificar el tratamiento que debe recibirse en la transición, las expectativas de las víctimas de esta injusticia, sus beneficiarios y el resto. de la gente. En la Sección 4 presentaré algunas reformas institucionales que podrían implicar la transición a una sociedad con justicia testimonial. Estas reformas constituyen el siguiente paso en la transición promovida por el movimiento feminista. (shrink)

It has come to be widely accepted that jus post bellum includes responsibilities to rebuild. Consequently, duties to establish a sustainable peace are increasingly defined in terms of duties to protect and promote international human rights, including duties to effectively investigate human rights violations, to ensure access to effective remedy, and to transform institutional and legal contexts that have facilitated or sustained human abuse. But what are investigations by transitional bodies seeking when they take on these tasks? Often, investigators (...) present themselves as seeking the truth and claim value for their findings based on having produced a better description or explanation than was antecedently available. But is truth worth pursuing for its own sake in transitions from conflict or must it contribute to some other goal to be valuable? In what follows I argue that the value of truth in transitions from conflict lies in the role of truth in ascribing knowledge. The connection between truth and knowledge makes it important to preserve distinctively epistemological grounds for accepting and rejecting claims and narratives. These distinctively epistemological grounds explain how, if it is conceived of as adequate responsiveness to experience, truth is a legitimate and important goal in transitions from violence that is worth pursuing for its own sake. In particular, I argue that there is value in insisting that adequate responsiveness to experience serve as an arbiter in the reception of claims and narratives because when responsiveness to experience plays an arbitral role it becomes possible for bodies such as truth commissions to serve as vehicles by which groups may attain or ascribe knowledge. (shrink)

Climate change and decarbonization raise complex justice questions that researchers and policymakers must address. The distributions of greenhouse gas emissions rights and mitigation efforts have dominated justice discourses within scenario research, an integrative element of the IPCC. However, the space of justice considerations is much larger. At present, there is no consistent approach to comprehensively incorporate and examine justice considerations. Here we propose a conceptual framework grounded in philosophical theory for this purpose. We apply this framework to climate mitigation scenarios (...) literature as proof of concept, enabling a more holistic and multidimensional investigation of justice. We identify areas of future research, including new metrics of service provisioning essential for human well-being. [Can be freely read by clicking the ReadCube link below.]. (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 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)

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

Based on three recently published books on climate justice, this article reviews the field of climate ethics in light of developments of international climate politics. The central problem addressed is how idealised normative theories can be relevant to the political process of negotiating a just distribution of the costs and benefits of mitigating climate change. I distinguish three possible responses, that is, three kinds of non-ideal theories of climate justice: focused on (1) the injustice of some agents not doing their (...) part; (2) the policy process and aiming to be realistic; and (3) grievances related to the transition to a clean-energy economy. The methodological discussion underpinning each response is innovative and should be of interest more generally, even though it is still underdeveloped. The practical upshot, however, is unclear: even non-ideal climate justice may be too disconnected from the fast-moving and messy climate circus. (shrink)

Within the framework of 'Temporalities and the Urban Fabric: Co-Producing Liminal Spaces in Transitional Epochs,' this rigorous examination unravels the multilayered nuances of temporality and its intimate relationship with urban spaces in times of transition. The research delineates the intricate interplay between public exhibitions, urban realms, and socio-political paradigms, particularly within the dynamic settings of the metropolitan entities of Houston and Amsterdam. These cities, as epitomes of temporal urban flux, become fertile grounds for exploring the ephemeral essence of liminal (...) spaces and their transformative manifestations. By weaving together diverse academic domains – from Design Computation and Fabrication to Urban Communities and Spatial Justice – this study underscores the symbiotic fusion of Augmented Reality (AR) and Gamification within the broader canvas of urban temporalities. Crucially, the research accentuates the transformative potential of Extended Reality (XR) in augmenting the theoretical and methodological contours of urban studies within these transitional epochs. (shrink)

This paper explores the value of benevolence as a cardinal virtue by analyzing the evolving history of virtue ethics from ancient Greek tradition to emotivism and contemporary thoughts. First, I would like to start with a brief idea of virtue ethics. Greek virtue theorists recognize four qualities of moral character, namely, wisdom, temperance, courage, and justice. Christianity recognizes unconditional love as the essence of its theology. Here I will analyze the transition within the doctrine of virtue ethics in the Christian (...) era and afterward since the eighteenth-century thinkers are immensely inspired by this Christian notion of love consider universal benevolence as the cardinal virtue. Later, Hume introduces an emotivist turn by considering the moral worth of sympathetic emotions in his ethical doctrine. In this paper, I aim to discover the cardinality of the virtue of benevolence following the evolutionary history of virtue ethics. (shrink)

Highlights: -/- • Breastfeeding and breastfeeding support can contribute to mitigating climate change. • Achieving global nutrition targets will save more emissions than fuel-switching. • Breastfeeding support programmes support a just transition. • This work can support the expansion of mitigation options in energy system models. -/- Abstract: -/- Renewable gas has been proposed as a solution to decarbonise industrial processes, specifically heat demand. As part of this effort, the breast-milk substitutes industry is proposing to use renewable gas as a (...) substitute for fossil natural gas. However, decarbonising the industrial processing of breast-milk substitutes can increase social license for these products, potentially undermining breastfeeding. World Health Organisation nutrition targets aim to increase exclusive breastfeeding to at least 50% globally by 2025 to improve maternal, infant, and young child health and nutrition. This target will have implications for the energy transition. A weakness of existing energy models is that demands for end-use products such as breast-milk substitutes are typically not considered explicitly. This paper develops an analytical framework for explicitly representing infant feeding methods in energy systems models. We compare the emissions saved in Ireland from decarbonising the industrial processing of breast-milk substitutes with renewable gas with the emissions saved by an increase in exclusive breastfeeding to 50% in both Ireland and a key export market, China. We demonstrate that the emissions saved from achieving the minimum global breastfeeding target are greater than when renewable gas is used to displace natural gas in the production of breast-milk substitutes in Ireland. We discuss the decarbonisation of breast-milk substitutes in relation to the principle of justice as non-maleficence, a principle based on the commitment to avoid harm, a novel application of a principle of justice. We conclude that breastfeeding support can be considered a demand-side measure for mitigating climate change by reducing the demand for energy services to produce breast-milk substitutes. A key recommendation is to position breastfeeding support as both a public health and a climate justice issue that is relevant for a just transition. The framework developed for this paper could be applied to support the inclusion of a wider range of mitigation options with social justice outcomes in energy system models. [Open access]. (shrink)

Cosmopolitans typically argue that the realization of cosmopolitan ideals requires the creation of global political institutions of some kind. While the precise nature of the necessary institutions is widely discussed, the problem of the transition to such an order has received less attention. In this paper, we address what we take to be a crucial aspect of the problem of transition: we argue that it involves a moral coordination problem because there are several morally equivalent paths to reform the existing (...) order, but suitably placed and properly motivated political agents need to converge on a single route for the transition to be successful. It is, however, unclear how such a convergence can take place since the duty to create global institutions does not single out any coordination point. We draw on the so-called theory of hegemonic stability to address this problem and conceptualize what we call the hegemonic transition. From an explanatory point of view, we rely on the theory’s insights to explain how a hegemon may contribute to the creation of a rules-based international order by providing salient coordination points and accordingly, enabling coordination among states. From the normative point of view, we identify necessary conditions for the hegemonic transition to be morally permissible. To the extent that these conditions obtain, other states have pro tanto moral reasons to follow the salient coordination point provided by the leading state. (shrink)

This article discusses the various dimensions of East Central Europe's closure with the communist past, and then assesses the impact of transitional justice measures in the closure with communism. Special attention is paid to the so called 'lustration', which in the view of the author performs important functions in transitions to democratic regimes, related to the reconstruction of a moral and rational community, and to the closure with the communist past. The article shows that the failures and controversies surrounding (...) 'lustration' were due to its radical potential of reconstruction of a moral–rational democratic community, and also to specific socio–political factors of the post–communist ECE. What specific features of ECE post–communist transitions and of lustration conducted to the recurrence of debates related to the communist past is a question that has not been addressed heretofore, despite a fairly well–developed literature on post–communist administrative justice. (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)

This paper elucidates the inseparable connection between the pursuit of a more ecologically sustainable society and the quest for socioeconomic justice. It also demonstrates why Unconditional Basic Income (UBI) is an effective policy to act on both fronts. First, the corresponding theory on environmental and socioeconomic oppression sheds light on the argument that both types of domination stem from the same historical process and are inherently interconnected. Addressing one without considering the other is essentially flawed; they are both features and (...) consequences of present society. Acknowledging the historical debt owed to vulnerable economic classes and developing countries is imperative. Green republicanism could potentially establish a theoretical foundation for social-ecological thinking. Defining freedom as non-domination and applying this concept to nature are essential prerequisites for overcoming socioeconomic and environmental oppression. UBI is presented and discussed theoretically as a strong solution to address these two challenges. It serves not only as a means to facilitate the transition to a post-productivist society, transforming labor relations, but also as a catalyst for the development of circular economies and more sustainable occupations. Additionally, the basic income policy implemented in the city of Maricá, Brazil, is cited as empirical evidence showcasing the environmental and socioeconomic values of UBI. (shrink)

The core idea of A Relational Theory of Justice is that normative political and legal philosophy should be grounded on people’s relational features, in particular their ability to commune with others and be communed with by them. Usually, philosophers of justice in the West have based their views on people’s intrinsic features, ones that make no essential reference to others, such as their autonomy, self-ownership, or well-being. In addition, often critics of basing politics and law on justice, whether in the (...) African, feminist/care, Marxian, or Confucian traditions, have appealed to non-intrinsic values as leverage, roughly contending that relationships are more important than justice. In contrast to both major camps, this book articulates and defends accounts of justice based on the dignity of people’s relational nature. A proper valuation of people’s capacity to be party to communal relationships does not transcend categories of justice, but instead calls for certain sorts that differ in plausible ways from those grounded on intrinsic properties. Applications are discussed in the contexts of political, economic, compensatory, criminal, transitional, and global justice. Available for download is the Table of Contents. (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 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)

As Leibniz points out in the Méditation sur la notion commune de la jus tice, justice—defined as charity of the wise and universal benevolence—belongs “to the necessary and eternal truths about the nature of things, as numbers and proportions.” According to the interpretation of Patrick Riley, from this perspective the two manuscripts usually regarded as belonging to the Méditation should be seen as complementary parts of a unitary Platonizing work. According to Riley, the manuscript that now constitutes the first part (...) of the Méditation is concerned with definitions of ethical concepts viewed as “quasi-mathematical, demonstrable ‘eternal verities’”, whereas the manuscript that now constitutes the second part of the Méditation is concerned “with Platonic ‘ascent’, in the manner of Phaedrus and Symposium,” which recommends the transition from mere negative forbearance from harm to doing positive good. In formulating these claims, Riley uses scare quotes to indicate that he uses the terms “eternal verities” and “ascent” in an unusual way that diverges from the views of the historical Plato. According to his interpretation, Leibniz’s modifications of Platonism are restricted to peripheral parts such as the doctrine of the pre-existence of the soul or Pythagorean components such as the doctrine of metempsychosis. Therefore, Riley claims that when Leibniz is talking about knowing eternal truths, what he has in mind is literally the view that we know the same truths as the truths that the gods know and love but do not cause or change. (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.

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)

Scholars have compared the transitional justice processes of Colombia and South Africa in some respects, but there has yet to be a systematic moral-philosophical evaluation of them regarding how they have sought to allocate economic goods. Here I appraise the ways that South Africa and Colombia have responded to their respective historical conflicts in respect of the distribution of property and opportunities. I do so in the light of a conception of reconciliation informed by a relational ethic of harmony, (...) a value salient in the worldviews of many indigenous peoples in both Africa and South America. I argue that, given such an account of reconciliation, one of Colombia’s major proposed ways of allocating property and opportunities, whereby offenders would labour for the sake of improving victims’ socio-economic conditions, would be much better than what South Africa has done, even if Colombia has yet to put such a policy systematically into practice. (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)

Artykuł przedstawia polskie regulacje prawne z lat 1998-2007 będące podstawą lustracji. Analizuje szereg aktów prawnych prezentując zakładane cele lustracji, jej zakres, procedury i przewidywane sankcje karne. Celem autora jest identyfikacja aksjologicznych podstaw regulacji prawnych dotyczących lustracji. W trakcie analiz wskazuje on m. in. na brak proporcji między sankcjami karnymi a winą jednostek, zwłaszcza w niektórych przypadkach penalizacji oświadczeń lustracyjnych niezgodnych z prawdą lub penalizacji niezłożenia oświadczeń. Autor argumentuje także, że analizowane rozwiązania zakładały – wbrew deklarowanym celom – przeniesienie odpowiedzialności za (...) zło systemu politycznego z jego aktywnych twórców na jednostki wbrew woli poddane działaniu tego systemu. Ponadto argumentuje, że lustracja oparta na przeprowadzanym przez państwo „teście moralności” radykalnie ingeruje w wewnętrzną sferę moralności jednostki i stąd zakłada elementy typowe dla aksjologii systemów totalitarnych; państwo nakazuje dokonać działania, które bezpośrednio i wprost zmierza do realizacji ściśle wewnętrznej wartości moralnej opartej na zgodności oświadczenia z przekonaniami, i jednocześnie państwo ustanawia siebie nie tylko obserwatorem i sędzią realizacji tej wartości, ale także autorem wzorca przekonań, z którymi oświadczenie ma być zgodne. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (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)

In contributions elsewhere to this volume, we considered the histories of Colombia and South Africa and how some of the values indigenous to those locales might plausibly bear on transitional justice in them. We advanced broadly relational and constructive (non-retributive) approaches to the social conflicts that had taken place there, ones that make victim compensation central. In this chapter we consider how Metz’s ubuntu-based reconciliatory approach to reparations might be relevant to Colombia in ways he did not consider, after (...) which we reflect on how the kinds of communitarian practices advanced by Bautista might apply to South Africa. We conclude that these cross-applications are revealing, pointing out how economic compensation in Colombia should plausibly be influenced by cultural factors, and how considerations of culture in South Africa call for compensation beyond economic factors. (shrink)

This article treats rituals of apology and reconciliation as responses to social discontent, specifically to expressions of anger and resentment. A standard account of social discontent, found both in the literature on transitional justice and in the social theory of Axel Honneth, has it that these emotional expressions are evidence of an underlying psychic need for recognition. In this framework, the appropriate response to expressions of anger and discontent is a recognitive one that includes victims of injustice in the (...) political community by showing them that they are valued members. In the aftermath of injustices, such recognitive responses are thought to include acknowledgments of victim suffering, reconciliatory gestures, and rituals of contrition. I will argue, against this narrative, that treating victim anger as evidence of an underlying need for recognition threatens to depoliticize emotional responses to injustice by treating them as symptoms of psychic injuries instead of intelligible political claims. Discussing mainly the Canadian Truth and Reconciliation process set up to deal with the history of the Indian Residential School system, I show how rituals of reconciliation and apology, in the context of settler-colonial states and neoliberal politics, serve as a biopolitical management of “bad” emotions. This will serve as a critique both of the politics of reconciliation and of social–theoretic approaches that treat expressions of discontent exclusively through a lens of recognition. Instead, I argue, in politics as well as theory, we need to engage with emotional expressions as intelligible political claims that exceed the psychic need for recognition. (shrink)

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

The comfort women case in South Korea has been a polemic issue in the context of inherited responsibility. The Japanese government who emphasizes on state as an agent for taking the responsibility tends either to deny collective responsibility of historic wrongdoings or to limit the scope of its roles to superficial ways such as reparation. Meanwhile South Korea demands not only reparation but official apology, emotional compassion, and material compensation on the ground that nation, not state, should be accountable for (...) historic injustice, but this claim still encounters a difficulty of application to cases originated in multinational countries. Based on these observations, I will develop two arguments: (1) that reciprocal nondomination conceptualized with civic responsibility will better the comfort women case in the context of inherited responsibility because this contains full ground of deliberation in which those who come from regardless of state or nation can participate; (2) that reciprocal nondomination embodied with civic responsibility can be operated as a regulative principle which prompts both victims and wrongdoers to have their deliberative stances and to reach an agreement conducive to transitional justice. (shrink)

The article studies the Norwegian, Finnish and Swedish truth commissions dealing withstate-Sámi (an indigenous population living in northern Scandinavia, Finland and north-western Russia) relations through the concept of transnational historical justice. The fact that three separate commissions are studying the history of the Sámi has been criticized by earlier researchers, but never from the perspective of intergenerational, and more specifically historical justice. Our study of the mandate documents and the report of the Norwegian commission (the only one published in the (...) time of writing of this article) points to constructive ways forward that could acknowledge and better embrace the transnational character of Sámi history, especially in terms of historical justice. We also study in what way the Norwegian commission worked within and stretched the framework set by the mandate document. Our conclusion is that the lack of transna-tionalism in the mandate and work of the commissions leads to historical Sámi individuals and groups being forgotten. These are historical groups and individuals whose existence does not fit in neatly in the presentist perspective of the commissions, projecting the current nation state borders back in time. For this reason, historical justice toward these groups is also a forgotten issue in the mandate and work of the commissions. (shrink)

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

Many have argued that certain statues or monuments are objectionable, and thus ought to be removed. Even if their arguments are compelling, a major obstacle is the apparent historical value of those commemorations. Preservation in some form seems to be the best way to respect the value of commemorations as connections to the past or opportunities to learn important historical lessons. Against this, I argue that we have exaggerated the historical value of objectionable commemorations. Sometimes commemorations connect to biased or (...) distorted versions of history, if not mere myths. We can also learn historical lessons through what I call repudiatory honouring: the honouring of certain victims or resistors that can only make sense if the oppressor(s) or target(s) of resistance are deemed unjust, where no part of the original objectionable commemorations is preserved. This type of commemorative practice can even help to overcome some of the obstacles objectionable commemorations pose against properly connecting to the past. (shrink)

While much has been said about what ought to be done about the statues and monuments of racist, colonial, and oppressive figures, a significantly undertheorised aspect of the debate is the aesthetics of commemorations. I believe that this philosophical oversight is rather unfortunate. I contend that taking the aesthetic value of commemorations seriously can help us a) better understand how and the extent to which objectionable commemorations are objectionable, b) properly formulate responses to aesthetic defences of objectionable commemorations, and c) (...) help us explore aesthetic solutions—for example, artistic interventions as counterspeech—to objectionable commemorations. Here, I propose that the aesthetic value of objectionable commemorations can amplify the force of the objectionable messages conveyed, and the moral disvalue of objectionable commemorations can hinder our appreciation of their aesthetic value. These two considerations shall help us answer the practical question of what to do about objectionable commemorations of apparently good aesthetic value. Both, I shall argue, give us further reason to remove, replace, recontextualise, or even vandalise objectionable commemorations. Sometimes we need to save the art from its own immorality to best respect its aesthetic value. (shrink)

Dieser inter- und multidisziplinäre Band bietet einen Querschnitt durch die wissenschaftliche Auseinandersetzung mit dem über hundert Jahre zurückliegenden Armenier-Genozid, der bis heute von den türkischen Nachfolgeregierungen offiziell geleugnet wird. Beiträge aus unterschiedlichen Disziplinen weisen auf spezifische Probleme hin, die mit der Aufarbeitung dieses Genozids zusammenhängen: Beginnend mit einem (rechts-)historischen Teil über das Verbrechen sowie dessen zeitgenössische Bewertung, hin zu den direkten und indirekten psychologischen Folgen des Verbrechens bis heute, sowie moralphilosophische und rechtliche Fragestellungen in Bezug auf die Leugnung des Genozids.

The emphasis on general distributive principles in the climate justice literature has left significant gaps regarding the problem of weak climate governance. The main contribution of this chapter is to show how normative theory can contribute to addressing the apparent political incapacity to respond to the threat of climate disruption. The chapter argues that a set of six underlying obstacles to effective climate change politics can serve as a framework around which ‘non-ideal’ normative theorizing about climate politics can be organized. (...) Policies and other tactics to mediate the six obstacles are shown to raise distinct normative issues in need of deeper analysis. (shrink)

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

In this paper I argue that the central issue in Heidegger’s path of thought from Being and Time to Contributions and beyond is what he will later call “the matter itself”: neither the meaning of being nor the analysis of Dasein but a transformational encounter in the margins of fundamental ontology. Heidegger’s account of temporality and transcendence from the late 1920s is a clue to the transformation, but it is not until the completion of fundamental ontology in the naming of (...) ontological difference that he arrives at a crisis which performs the transformation and announces the “overturning.” This interpretation revolves around a reading of Heidegger’s 1929 treatise “On the Essence of Ground” in which the text and subsequent marginal notes prepare the transition from Being and Time to Contributions, from Sein to Seyn, and from ontological difference to its appropriation. Thus we find that the language of Ereignis beginning in the 1930s and whatever we might call the “turn” signal the doing of justice to the original task from Being and Time. (shrink)

he territorial impacts of climate change will affect millions. This will happen not only as a direct consequence of climate change, but also because of policies for mitigating it—for example, through the installation of large wind and solar farms, the conservation of land in its role as carbon sink, and the extraction of materials needed for renewable energy technologies. In this article, we offer an overview of the justice-related issues that these impacts create. The literature on climate justice and territory (...) is vast and spans a range of disciplines, so we limit our discussion to a specific understanding of territory and a specific understanding of injustice that arises from its loss. We understand territory as a normative concept that describes a place under some agent's jurisdiction, where the agent is a politically organized collective and where the jurisdictional rights over that place secure a relevant degree of self-determination for that collective. Accordingly, we consider that the main injustice connected to the loss of territory due to climate change is the loss or undermining of the ability to exercise the collective right to self-determination, which requires some control over the place. This can happen if a territorial agent literally loses the ground where to stand as a direct effect of climate change, raising issues of justice in relocation; or if their place changes due to mitigation policies, affecting their use and understanding of territory, raising issues of justice in energy transition. In concluding, we point to topics for future research. (shrink)