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Home > Resources > Ethics & International Affairs Journal > Volume 13 (1999) > Special Section: Amnesty, Justice, and Reconciliation |
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A Different Kind of Justice: Dealing with Human Rights Violations in Transitional Societies [Abstract]
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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.
To read or purchase the full text of this article, click here.
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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' 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.
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