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A Different Kind of Justice: Dealing with Human Rights Violations in Transitional Societies [Abstract]
Ethics & International Affairs, Volume 13 (1999)
David Little

 
     
 

December 4, 1999

In "transitional societies" like South Africa and Bosnia, which are currently moving from authoritarianism, and often violent repression, to democracy, questions arise about the appropriate way to deal with serious human rights offenders. Will a system of retributive justice bring about the healing and harmony necessary for peace and stability? Or, is "a different kind of justice" required, one explicitly aimed at reconciliation, and designed to repair and restore relations, and, perhaps, to forgive offenders rather than prosecute them? Are the systems mutually exclusive, or can they be combined in some way?

In an effort to clarify terms and sharpen practical choices, this essay distinguishes between retributive and restorative justice and relates the distinction to constructive proposals concerning the ideas of forgiveness and reconciliation. The essay then applies the proposed framework to two recent efforts to cope with the problem: the truth and reconciliation commissions of South Africa and Bosnia and Herzegovina.

 

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The Carnegie Council's flagship publication, Ethics & International Affairs is an interdisciplinary resource for scholars, students, and policy analysts concerned with the moral dimensions of global issues. The journal covers global justice, civil society, democratization, international law, intervention, sanctions, and related topics.

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The Editors welcome responses to Features and Essays published in Ethics & International Affairs. To be considered for publication, responses should be no longer than one thousand words, including endnotes (which should be kept to a minimum). Responses are not peer-reviewed, and are published at the Editors' discretion. All responses are subject to editing for length and style. In the event of any questions or substantive editing, the response will be returned to the author for final approval prior to publication. Responses are published online, alongside the article they address.

Related

Biography
David Little
 
Keywords
Reconciliation, Transitional Justice
 
Topic
Transitional Justice
 
Countries
Bosnia and Herzegovina, South Africa
 
 
 

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