I argue that international criminal trials can contribute to political reconciliation by fostering the social conditions required for law’s efficacy.

In A Moral Theory of Political Reconilication, Colleen Murphy brings much-needed clarity to debates over political reconciliation by setting out plausible desiderata for a satisfactory theory. She responds to these desiderata by introducing three normative frameworks which, taken together, measure reconciliation: the rule of law, trust and trust responsiveness, and support for political capabilities. In my remarks, I raise two concerns about the relationships among these normative frameworks, and the extent to which they are emblematic (...) of political reconciliation, specifically, rather than political health more generally. (shrink)

This essay argues that the overuse of the idiom of forgiveness has distorted our understanding of the nature and requirements of political reconciliation, and proposes its supplementation by a notion of grace. This is a mode of response to wrongs that is less hedged around by conventions and conditions, and grace complements forgiveness in contexts in which the latter is inappropriate; it is also more serviceable for maintaining inter-community harmony in the long term. Following a detailed analysis of (...) grace in the political environment, the paper concludes by tracing a concept of grace in the Sermon on the Mount. (shrink)

Political reconciliation involves the repairing of damaged political relationships. This paper considers the possibility and moral justifiability of pursuing political reconciliation in the aftermath of systematic and egregious wrongdoing, in particular genocide. The first two sections discuss what political reconciliation specifically requires. I argue that it neither entails nor necessitates forgiveness. Rather, I claim, political reconciliation should be conceptualized as the (re-)establishment of Fullerian mutual respect for the rule of law. When (...) a society governs by law, publicly declared legal rules establish clear and practicable standards for behavior which are enforced in practice. Subjects of the law thus can form stable and reasonable predictions of how other citizens and officials will respond to their actions. After explaining why this analysis of political reconciliation is compelling, the third section spells out the implications of my analysis for determining the possibility of achieving and the justifiability of pursuing political reconciliation. (shrink)

I discuss why one critical aspect of the process of political reconciliation involves the restoration of mutual respect for the rule of law and suggest that psychological research on post-traumatic stress disorder (PTSD) provides valuable resources for understanding how successfully to restore such mutual respect.

Nir Eisikovits argues in A Theory of Truces that most contemporary conflicts wind down in a much more piecemeal fashion than our theorizing about the morality of ending wars suggests. Pauses in violence are achieved by securing agreement on narrow questions. Moreover, rather than hoping to do away with violence, theorizing would do best, he writes, to take as its starting point the fact of warfare as part of the human condition. Eisikovits aims to articulate the features of truce thinking, (...) a framework that is more descriptively accurate and normatively useful in navigating contemporary conflicts and promoting reconciliation. After summarizing his view, I argue that Eisikovits’ explanation of the contribution of truces to political reconciliation is too narrow; contrary to what he claims, truces can make an important contribution to the rule of law. I also challenge Eisikovits’ characterization of the first feature of truce thinking. I argue that while there is an important present focus on immediate benefits from temporary measures, the future looms much larger than Eisikovits recognizes. Truces matter not only for what they make possible now, but also for their ramifications for prospects for future peace. These ramifications go beyond creating conditions for hope or optimism. (shrink)

Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of (...) class='Hi'>political reconciliation ought to promote. Building on this analysis, she proposes a normative model of political relationships. A Moral Theory of Political Reconciliation delivers an original account of the failure and restoration of political relationships, which will be of interest to philosophers, social scientists, legal scholars, policy analysts, and all those who are interested in transitional justice, global politics, and democracy. (shrink)

ABSTRACTThis article applies the idea of political reconciliation to current debates on the role and legitimacy of global governance. My underlying thesis is that the idea of reconciliation fits better with the non-ideal circumstances of global injustice. To this end, I will first of all develop a three-tiered model of political reconciliation and introduce the related concept of restorative justice. I will then look at some of the most obvious forms of international and global injustice (...) – historical injustice, economic exploitation, and political domination – and argue that a normative theory of political reconciliation provides better proposals for feasible global governance reforms than do theories of corrective, retributive, or distributive justice. Finally, I will make a few comments on the role of political philosophy as a medium of ‘narrative reconciliation’. (shrink)

In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional (...) societies, I claim instead that their primary function is to restore order at the international level and to dispense justice. The aims of justice are not always consistent with the aims of reconciliation. Moreover, several features of international criminal trials should give us pause with respect even to how well, in fact, they manage to serve the ends of international justice. (shrink)

The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...) paper, we will argue that norms of political reconciliation provide some of the resources we need to address postwar justice. (shrink)

Instrumentalism about moral compromise in politics appears inconsistent with accepting both the existence of non-instrumental or principled reasons for moral compromise in close personal friendships and a rich ideal of civic friendship. Using a robust conception of political reconciliation during democratic transitions as an example of civic friendship, I argue that all three claims are compatible. Spouses have principled reasons for compromise because they commit to sharing responsibility for their joint success as partners in life, and not because (...) their relationship involves strong affective attitudes of goodwill, solidarity, trust, and the like. Since shared responsibility for ends is an inappropriate element in the political relationship between citizens, the members of a divided society may manifest the constitutive attitudes of political reconciliation without any commitment to principled reasons for moral compromise. (shrink)

Over the past decade or so political leaders around the world have begun to apologize for, and even seek reconciliation between perpetrators and victims of large-scale moral wrongs such as slavery, campaigns of ethnic cleansing, and official regimes of racial segregation. The South African Truth and Reconciliation Commission (TRC) is probably the most well-known example of such political efforts to effect what might be called moral healing within and between nations. In this essay, I canvass various (...) senses of reconciliation, clarifying which are appropriate for understanding these recent political efforts to heal the wounds caused by state-sanctioned moral atrocities. I argue that interpersonal reconciliation is not likely to be a promising model for understanding political efforts to achieve moral closure for large-scale wrongs, and I close with some worries about the efficacy of state-sponsored attempts to reconcile victims to their wrongdoers. (shrink)

The core proposition of this article is that reconciliation, both as a process and an end state, is a concept of justice. Its animating virtue is mercy and its goal is peace. These concepts are expressed most deeply in religious traditions, including Judaism, Christianity, and Islam.

In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. Murphy’s framework is well-suited to take up these questions, once they are acknowledged. But doing so (...) requires a revised understanding of how states’ relationships with individuals structure individuals’ relationships with one another. (shrink)

In the wake of political evil on a large scale, what does justice consist of? Daniel Philpott takes up this question in Just and Unjust Peace.

In the wake of political evil on a large scale, what does justice consist of? Daniel Philpott takes up this question in Just and Unjust Peace. While scholars have written about many aspects of dealing with past injustice, no general ethic has emerged. Philpott seeks to provide a holistic model that delivers concrete ethical guidelines for societies striving to build peace.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just and Unjust Peace: An Ethic of Political Reconciliation by Daniel PhilpottGlen StassenJust and Unjust Peace: An Ethic of Political Reconciliation Daniel Philpott New York: Oxford University Press, 2012. 365pp. $29.95Just and Unjust Peace deals with an important question: What does a holistic framework of justice consist of in the wake of its massive despoliation? The wounds of political injustice include the following: (...) violation of the victim’s human rights, harms to the victim’s person, the victim’s ignorance of the source and circumstances of political injustices, the lack of acknowledgment of the suffering, the standing victory of the wrongdoer’s political injustice, and harm to the person of the wrongdoer. In such situations, Philpott argues, “what the government and community withhold is... an acknowledgment not only that a victim has rights but also that his rights were violated and that he suffered because of this violation” (37).The definition of justice in this context of wounds is reconciliation. It “encompasses peace settlements, human rights, democracy, and other key goals of negative and positive peace [as well as]... a broad restoration of right relationship involving a multiplicity of practices that each redress wounds of injustice in a particular way” (48–49).Daniel Philpott affirms peace as human rights, equality, and the rule of law, plus actors and institutions like the United Nations that spread this justice. He presents a fair summary of contending positions on human rights and works to develop overlapping agreement. “What is most essential to right relationship in the political order is human rights, their popular legitimacy, and their corresponding virtues” (55). But also, “It is in redressing wrong conduct—the other dimension of justice—that political reconciliation becomes far more distinctive” (55). This requires a deeper understanding of just peacemaking with restorative justice based in Judaism, Christianity, and Islam, and in insightful assessment of the burgeoning practices of truth commissions and restorative justice in the transitions from dictatorship to democracy.Philpott’s “rooted reason” invites different religions to speak from their depths but also encourages them to speak with reasons that can convince in public discourse (18, 20). Envisioning the incorporation of reconciliation into the modern state “is the life’s work of Rabbi Marc Gopin. In today’s Middle East, [End Page 211] Gopin argues, Jews as well as Christians and Muslims cannot afford to ignore the peacebuilding potential of traditional religious concepts” (132). Philpott also exhibits sensitive understanding of Islam, asking, “Do Islamic texts and traditions contain the materials for the construction of the ethic of political reconciliation that I am proposing? Can Muslims, on the basis of their religious convictions, join in an overlapping consensus on such an ethic?” His answer is a clear yes (153).He identifies and assesses six practices of a politics of reconciliation. The first involves building socially just institutions and relations between states: “Since 1974, some ninety societies... have sought to replace dictatorships with democracies.... A similarly intense global wave of peace operations sponsored by the United Nations... has sought to foster human rights and democratic institutions in states that have seen civil war” (175–76). The second has to do with the practices of political acknowledgment of wrongs: “Human rights are the standard that gives truth commissions and other public forms of acknowledgment form and direction” (188). The third pertains to reparations, with attention to the ongoing effects of historical injustices for descendants (195 and 201). The fourth addresses judicial punishment: “In practicing judicial punishment, a state redresses the violation of the victim’s rights insofar as it expresses, reaffirms, and thereby strengthens human rights as the legally valid values of its realm or of relations between it and another state” (237). The fifth is apology: “Like all of the other practices, apologies performed in political contexts have grown in frequency” (198). Finally, there is forgiveness. “Political injustices harm victims by robbing them of their agency and of their ability to pursue their own and others’ flourishing.... Forgiveness... re-empowers the victim as agent... [and liberates] from anger and resentment” and can also lead to recognition of the victim’s suffering, and to mutual respect for human rights (266–68... (shrink)

Societies in transition from repressive rule or civil conflict to a just social order confront distinctive challenges. Many authors claim that the long-term stability of newly established democracies depends crucially upon the ability of former adversaries to reconcile. Interestingly, however, authors typically assume, rather than attempt to prove, the truth of this claim, thereby presupposing the moral value of political reconciliation. Similar assumptions underlie debates about whether truth commissions can be morally justified in granting amnesty to perpetrators of (...) offenses against human rights. A central issue in these debates is whether reconciliation or retribution should have priority. There is thus a general tendency to employ such central concepts as reconciliation without offering an adequate account of their meaning or moral and practical import. Until we adequately understand the concept of reconciliation, the goals of a wide range of policies and the issues at stake in important moral debates will remain unclear. ;In my dissertation, I offer a novel account of political reconciliation. The concept of reconciliation, I argue, implies both a goal and a means of pursuing it. The state of reconciliation is the goal ideally promoted by processes of reconciliation. In the context of transitional justice, this goal is to establish healthy democratic political relationships. I analyze such democratic political relationships in terms of two fundamental ideals of political morality: respect for the rule of law and equality of agency. My strategy is to discuss first the intuitively problematic aspects political relationships typical of societies in conflict or under repressive rule, drawing on empirical data from political science. I then provide a characterization of a philosophical ideal, which I use to offer a new interpretation of the empirical description of problematic political relationships. Finally, based on my account of the state reconciliation, I develop a set of criteria that we can use when judging the effectiveness of various processes in promoting reconciliation. (shrink)

In a world rife with civic failure, we've seen an increasing interest in the question of how to restore civic communities after they have failed. Much of that answer must come from the social sciences, of course, but philosophy has an important contribution to make: it can provide a normative theory of political community, one that outlines the characteristics of a good political community. Without such a theory, we have no basis for the claim that reconciliation is (...) desirable in the first place and no way to evaluate whether proposed efforts toward political reconciliation are moving things in the right direction. Colleen Murphy's A Moral Theory of Political Reconciliation provides exactly such a theory. (shrink)

Calls for justice and reconciliation in response to political catastrophes are widespread in contemporary world politics. What implications do these normative strivings have in relation to colonial injustice? Examining cases of colonial war, genocide, forced sexual labor, forcible incorporation, and dispossession, Lu demonstrates that international practices of justice and reconciliation have historically suffered from, and continue to reflect, colonial, statist and other structural biases. The continued reproduction of structural injustice and alienation in modern domestic, international and transnational (...) orders generates contemporary duties of redress. How should we think about the responsibility of contemporary agents to address colonial structural injustices and what implications follow for the transformation of international and transnational orders? Redressing the structural injustices implicated in or produced by colonial politics requires strategies of decolonization, decentering, and disalienation that go beyond interactional practices of justice and reconciliation, beyond victims and perpetrators, and beyond a statist world order. (shrink)

Reconciliation is a theologically-charged word with politically-charged implications. The work of the South African Truth and Reconciliation Commission (TRC) raised questions about reconciliation in a political context including the “parts” or “partners” of reconciliation: truth-telling, repentance, amnesty, reparations, and ultimately forgiveness and justice. This paper explores two questions. First, are theologians ready to give up an exclusive claim on reconciliation as a theological term or, at the very least, be agreeable to the fact that (...) reconciliation might have political as well as theological meanings? Second, if reconciliation is granted unhindered access across the borders of theology and politics, what wisdom from the theological tradition has informed the political praxis of reconciliation, and has political praxis in any way challenged our theological understanding of reconciliation? As responses to these questions, the paper looks at the theological development of reconciliation, with particular attention to the New Testament and subsequent historical praxis. It then discusses points of connection where the theological development has informed political praxis. (shrink)

How can we respond in the aftermath of wrongdoing? How can social trust be restored in the wake of intense political conflict? In this challenging work, philosopher Trudy Govier explores central dilemmas of political reconciliation, employing illustrative material from Rwanda, Sierra Leone, South Africa, Australia, Canada, Peru, and elsewhere. Govier stresses that reconciliation is fundamentally about relationships. Whether through means of truth commissions, apologies, community processes, or criminal trials, the basic goal of reconciliation is improved (...) social trust among alienated individuals and groups. A major strength of Govier's approach is her creative practical framework for reflection. She explains that people should not to be identified with the roles they may have played, and she points out that, with reference to wrongs committed in political conflicts, individuals often play several roles. The perpetrators of some acts can be the victims of others; the victims in some circumstances may become responsive interveners in others. Rare is the political conflict in which one group commits all wrongs. Govier argues that, to build social trust and sustainable peace, acknowledgment of past wrongs is crucial. The need for mutuality in acknowledgment is an underappreciated aspect of the aftermath of conflicts. She further examines the themes of responsibility ; apology; forgiveness; reparations; the rehabilitation of child soldiers; the problems of monetary compensation; and truth-telling and truth commissions. Govier's lucid style and willingness to explore counterarguments make this a lively and thought-provoking work. (shrink)

Drawing on both theoretical debates and case studies from around the world, this book explores how the politics of reconciliation relates to various models of democratic citizenship.

Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that (...) his theory of justice can reconcile us to the pluralism of liberal democracies. In this essay, I argue that Rawls’s political theory also can reconcile the inhabitants of liberal democratic societies to the fact that such societies may be cognitively confusing on account of their complexity. Then I contend that Rawls’s work offers valuable theoretical resources for analysing a society’s transparency or lack thereof. (shrink)

Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for (...) the disabled while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers. (shrink)

This essay traces changes in the relationship between filial piety and loyalty in early China. During the Spring and Autumn and early-mid Warring States periods, a conflict existed between the two values. Confucian thinkers such as Confucius and Mencius put a priority on filial piety, while Shang Yang 商鞅 regarded it detrimental to the state. However, scholars later tended to reconcile the values, as is evident in the Xiaojing 孝經 and the “Zhongxiao 忠孝” chapter of the Hanfeizi 韓非子. The two (...) texts reconcile filial piety with political authority, and show that the two values are based on the same foundation. Ancient Chinese legal documents are in agreement with the same trend. Early Chinese governments made unfiliality illegal and permitted the head of a family to have very strong authority over other members of the household. Still, governments maintained control of individual households by putting the head of the family’s authority under political authority. (shrink)

'Political reconciliation' refers to processes for establishing right relations between groups that are emerging from a history coloured by violent relations. However, dominant Western, euro-descendent philosophies of political reconciliation rarely focus on ecological forms of harm or consider practices of ecological violence as constitutive of the violent relations that reconciliation hopes to repair. This article argues that the exclusion of ecological dimensions of harm from dominant Western models of political reconciliation is one way (...) of understanding Indigenous claims of dissatisfaction with such reconciliation projects. This article analyses and contextualises these claims of dissatisfaction by focusing on how dominant Western, euro-descendent models of reconciliation in the North American context import settler-colonial commitments that obscure the primacy of ecological violence in settler-Indigenous land-based conflicts. Furthermore, this article posits that settler-colonial commitments in reconciliation models pose an obstacle to deeper forms of reconciliation, partly because these models uphold dominant euro-descendent cosmologies and conceptions of land over and above Indigenous ones. Finally, this article suggests that that the possibility of deep reconciliation exists, and requires engaging with Indigenous philosophies that place land and relations to land at the centre of right relations, thus working toward decolonising settler-colonial-infused forms of reconciliation. (shrink)

Over the past decade a substantial literature has emerged on the concept of political forgiveness and the process of restorative justice. This article argues that importing an idea of forgiveness into political affairs is a mistake. It is not necessary for the promotion of peace and security, and it is has been construed in a way that leans heavily toward Christian conceptions of forgiveness, as is evident in the influence of Desmond Tutu. The article also examines the influence (...) of Hegelian recognition theory in current discussions of the political benefits of forgiveness, and reviews the case of postwar German-Jewish relations, which conformed more closely to traditional Jewish thinking on forgiveness than to the Christian-Hegelian model. (shrink)