TITLE

Between Retribution and Restoration: Justice and the TRC

AUTHOR(S)
Allen, Jonathan
PUB. DATE
February 2001
SOURCE
South African Journal of Philosophy;2001, Vol. 20 Issue 1, p22
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
How may a society, in a morally defensible way, confront a past of injustice and suffering, and seek to break the spell of violence and disregard for human life? I begin by demonstrating the relevance of this question to the South African Truth and Reconciliation Commission, and I draw attention to Andre du Toit's long-standing interest in ways in which truth commissions may function to consolidate political change. In the second section of the article, I argue that truth commissions should be regarded as a defensible moral compromise between the values of justice and social unity, and I criticize claims that truth commissions promote transitional justice, when that is understood as a distinctive conception of justice that emerges in circumstances of regime transition. In the third section, I criticize the claim that truth commissions are not a moral compromise at all but embody a superior, restorative conception of justice. I conclude by showing why retribution is required by criminal justice, and why truth commissions must be seen, not as an end in themselves, but as institutions whose function is to emphasize the importance of the rule of law, normal criminal justice, and legal recognition.
ACCESSION #
5065863

 

Related Articles

  • CE QUI PRÉCÈDE LE PARDON : PERPETRATORS, AMNISTIE. Salazar, Philippe-Joseph // Studia Universitatis Babes-Bolyai, Philosophia;2010, Vol. 1, p5 

    The South African Truth and Reconciliation Commission has become exemplary of a successful democratic transition accomplished without any external mediation or intervention. As such, it carries a fundamental lesson regarding peace as a practical human right: peace with others - civil peace...

  • RECONCILIATION: NOT RETRIBUTION, NOT JUSTICE PERHAPS NOT EVEN FORGIVENESS. Lang, Berel // Monist;Oct2009, Vol. 92 Issue 4, p604 

    The author focuses on the issue of reconciliation, particularly as it played out in the famous Truth and Reconciliation Commission set up in South Africa after the end of Apartheid system. He examines nonpunitive ways of reacting to wrongdoing. He emphasizes the fact that the spectrum of...

  • Truth and Consequences. Tepperman, Jonathan D. // Foreign Affairs;Mar/Apr2002, Vol. 81 Issue 2, p128 

    More than 21 truth commissions have been established since 1972. Countries such as Yugoslavia, South Africa, Guatemala, Peru, Bosnia, East Timor, and Sierra Leone have all announced the creation of truth commissions to investigate past wrongdoings. Several prestigious American universities are...

  • Towards a Paschal Theology of Restorative Justice. Danaher, William // Anglican Theological Review;Summer2007, Vol. 89 Issue 3, p359 

    The article focuses on the theological reflection on reconciliation and restorative justice. The author argues that the theologies of reconciliation start with resurrection than atonement. To trace the achievements and limitations of such justice, a survey was conducted on the attitude towards...

  • LATE NEWS.  // Variety;4/15/2002, Vol. 386 Issue 9, p13 

    Announces that Juliette Binoche has signed up to star in a film about the hearings into apartheid-era atrocities by South Africa's Truth & Reconciliation Commission. Director of the film; Actors that have been mentioned for starring roles in the film.

  • Rewinding and Unwinding: Art and Justice in Times of Political Transition. Garnsey, Eliza // International Journal of Transitional Justice;Nov2016, Vol. 10 Issue 3, p471 

    The purpose of this article is to theorize the relationship between art and justice in times of transition so that a broader spectrum of political possibilities and their implications can be imagined. The aim is to offer a way to think about, and to render visible, the web of relationships that...

  • A different kind of justice: Truth and reconciliation in South Africa. Storey, Peter // Christian Century;09/10/97, Vol. 114 Issue 25, p788 

    Focuses on the South African Truth and Reconciliation Commission's efforts to bring justice to victims during the apartheid years of the country. Background information on the commission; Maiming and assassinations of individuals; Crimes committed by the secret policy; Amnesty conditions; Aim...

  • Staging Transition: The Oresteia in Post-Apar theidSouth Africa. van Weyenberg, Astrid // Thamyris/Intersecting: Place, Sex & Race;2011, Vol. 23 Issue 1, p69 

    Aeschylus' Oresteia dramatizes the meaning and political deployment of justice, concluding with the transformation of justice as vengeance into the legal justice of Athens's new democracy. In this essay, I examine two dramatic texts that draw on the Oresteia within another context of...

  • Healing the racial divide? Personal reflections on the Truth and Reconciliation Commission. Gobodo-Madikizela, Pumla // South African Journal of Psychology;Dec97, Vol. 27 Issue 4, p271 

    Highlights some of the challenges faced by the Truth and Reconciliation Commission (TRC) in South Africa, its significance for survivors and families of gross human rights violation and the public response to the process. Aim of the TRC; Reference to the public hearings of the TRC; Information...

Share

Read the Article

Courtesy of

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics