III—On Principled Compromise: When Does a Process of Transitional Justice Qualify as Just?

Proceedings of the Aristotelian Society 120 (1):47-70 (2020)
  Copy   BIBTEX

Abstract

Processes of transitional justice deal with large-scale wrongdoing committed during extended periods of conflict or repression. This paper discusses three common moral objections to processes of transitional justice, which I label shaking hands with the devil, selling victims short, and entrenching the status quo. Given the scale of wrongdoing and the context in which transitional justice processes are adopted, compromise is necessary. To respond to these objections, I argue, it is necessary to articulate the conditions that make a compromise principled. I defend three criteria that distinguish principled from unprincipled compromises.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,709

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

International Criminal Trials and the Circumstances of Justice.Colleen Murphy - 2018 - Criminal Law and Philosophy 12 (4):575-585.
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.
How moral disagreement may ground principled moral compromise.Klemens Kappel - 2018 - Politics, Philosophy and Economics 17 (1):75-96.
Ends and Means of Transitional Justice.Thaddeus Metz - 2018 - Journal of Global Ethics 14 (2):158-169.
Transitional Justice and Equality: A Response to Eisikovits.Jamie Terence Kelly - 2010 - Review of International Affairs 61 (1138-1139):190-196.

Analytics

Added to PP
2020-04-16

Downloads
35 (#454,270)

6 months
7 (#420,337)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Colleen Murphy
University of Illinois, Urbana-Champaign

Citations of this work

Reparations as balance.Luke Moffett - forthcoming - Journal of Social Philosophy.
Can transitional amnesties promote restorative justice?Patrick Lenta - forthcoming - Critical Review of International Social and Political Philosophy.

Add more citations

References found in this work

Justice and Reconciliation in World Politics.Catherine Lu - 2017 - New York, NY: Cambridge University Press.
The Morality of Law.Lon L. Fuller - 1964 - Ethics 76 (3):225-228.
On Compromise and Rotten Compromises.Avishai Margalit - 2009 - Princeton University Press.
On the possibility of principled moral compromise.Daniel Weinstock - 2013 - Critical Review of International Social and Political Philosophy 16 (4):537-556.

View all 9 references / Add more references