In this chapter I articulate and defend a basic principle capturing the underlying structure of an attractive sort of national reconciliation that accounts for a wide array of disparate judgments about the subject. There are extant theories of national reconciliation in the literature, most of which are informed by Kantian, liberal-democratic and similar perspectives. In contrast to these, I spell out a theory grounded on a comparatively underexplored sub-Saharan ethic. My foremost aim is to demonstrate how African ideals about communal (...) relationship, still largely unfamiliar to an international audience, do a promising job of providing a unified foundation for the roles of truth-telling, apology, forgiveness, compensation, amnesty and related practices often associated with national reconciliation. (shrink)

The establishment of South Africa's Truth and Reconciliation Commission was a pioneering international event. Never had any country sought to move forward from despotism to democracy both by exposing the atrocities committed in the past and achieving reconciliation with its former oppressors. At the center of this unprecedented attempt at healing a nation has been Archbishop Desmond Tutu, whom President Nelson Mandela named as Chairman of the Truth and Reconciliation Commission. With the final report of the Commission just published, Archbishop (...) Tutu offers his reflections on the profound wisdom he has gained by helping usher South Africa through this painful experience. In No Future Without Forgiveness, Tutu argues that true reconciliation cannot be achieved by denying the past. But nor is it easy to reconcile when a nation "looks the beast in the eye." Rather than repeat platitudes about forgiveness, he presents a bold spirituality that recognizes the horrors people can inflict upon one another, and yet retains a sense of idealism about reconciliation. With a clarity of pitch born out of decades of experience, Tutu shows readers how to move forward with honesty and compassion to build a newer and more humane world. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

Appealing to African values associated with ubuntu such as communion and reconciliation, elsewhere I have argued that they require compensating those who have been wronged in ways that are likely to improve their lives. In the context of land reform, I further contended that this principle probably entails not transferring unjustly acquired land en masse and immediately to dispossessed populations since doing so would foreseeably lead to such things as capital flight and food shortages, which would harm them and the (...) broader society. Oritsegbubemi Anthony Oyowe has recently argued against my claim that land reform should be enacted in a way expected to benefit victims of colonialism while not greatly burdening innocent third parties, instead supporting the return of land to its rightful owners regardless of how the manner in which it were done would affect people’s quality of life. Here I expound Oyowe’s argumentation and respond to it in defence of my initial position, appealing to examples from southern Africa to illustrate. (shrink)

This book explores aspects of indigenous Yoruba philosophy of law and relates this philosophy to the Yoruba indigenous traditions of governance. It is written with an appreciation of the relevance of the Yoruba traditions of law and governance to contemporary African experiments with imported Western democracy in the twenty-first century.

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)