Transitional Justice and the Truth-Constraints of the Public Sphere

Philosophy and Social Criticism 38 (7):685-700 (2011)
In this article I present some implications for a concept of transitional justice through the comparison of two approaches: retributive vs. restorative theories. Notwithstanding their profound differences in perspective, both models are grounded upon a strong notion of the public sphere. Accordingly, after showing why neither of the two approaches exhausts the problems of transitional justice, I will demonstrate how a ‘complete’ justification requires a certain view of public reason based upon rights as truth-constraints of the public sphere
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DOI 10.1177/0191453712447778
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David Randall (2011). The Prudential Public Sphere. Philosophy and Rhetoric 44 (3):205-226.
Marion Smiley (2001). Democratic Justice in Transition. Michigan Law Review 99 (6):1332-1347.
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