Between Retribution and Restoration
Justice and the TRC
Bibliographic Data
| ID | 11420499 |
|---|---|
| Authors | Jonathan Allen (0009-0004-4203-7167, Princeton University, corresponding author) |
| Year | 2001 |
| Volume | 20 |
| Issue | 1 |
| Pages | 22-41 |
| Publication date | 2001-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | South African Journal of Philosophy (JOURNAL) |
| Journal identifiers | ISSN: 0258-0136 • E-ISSN: 2073-4867 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.4314/sajpem.v20i1.31321 |
| OpenAlex | W2001850661 |
| Language | EN |
| Citations received | 3 |
| References cited | 6 |
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 tr
Criminology · Economic Justice · Law and economics · Political science · Retributive justice · Sociology · Criminal Justice and Corrections Analysis · Law · Law in Society and Culture · Philosophy · South African History and Culture
| Citations per year | 0.14 |
|---|---|
| Citation span | 2004 - 2012 (9) |
| Highly cited | No |