Towards a minimal conception of transitional justice

International Theory 12 (1) (2021)
  Copy   BIBTEX

Abstract

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.

Links

PhilArchive

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

What are Transitions For? Atrocity, International Criminal Justice, and the Political.Barrozo Paulo - 2014 - QUINNIPIAC LAW REVIEW (Symposium Issue on Transitional Justice) 32 (3):675-705.
International Criminal Trials and the Circumstances of Justice.Colleen Murphy - 2018 - Criminal Law and Philosophy 12 (4):575-585.
Transitional Justice and Equality: A Response to Eisikovits.Jamie Terence Kelly - 2010 - Review of International Affairs 61 (1138-1139):190-196.
Deconstructing Transitional Justice.Catherine Turner - 2013 - Law and Critique 24 (2):193-209.
A Rawlsian Dual Duty Of Assistance.Hugo Seleme - 2010 - Canadian Journal of Law and Jurisprudence 23 (1):163-178.

Analytics

Added to PP
2022-06-20

Downloads
304 (#63,448)

6 months
95 (#41,270)

Historical graph of downloads
How can I increase my downloads?

Author Profiles

Citations of this work

No citations found.

Add more citations

References found in this work

Political Liberalism.John Rawls - 1993 - Columbia University Press.
The Problem of Global Justice.Thomas Nagel - 2005 - Philosophy and Public Affairs 33 (2):113-147.
The Law of Peoples.John Rawls - 1993 - Critical Inquiry 20 (1):36-68.
The Idea of Human Rights.Charles R. Beitz - 2009 - Oxford University Press.
Modern social imaginaries.Charles Taylor - 2004 - Durham: Duke University Press.

View all 28 references / Add more references