David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Political Philosophy 19 (4):440-464 (2011)
After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument.
|Keywords||lustration de-Ba'athification liberalism collective agency historical injustice|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Larry Alexander (1983). Retributivism and the Inadvertent Punishment of the Innocent. Law and Philosophy 2 (2):233 - 246.
James M. Buchanan (1975). The Limits of Liberty: Between Anarchy and Leviathan. University of Chicago Press.
Thomas Christiano (2004). The Authority of Democracy. Journal of Political Philosophy 12 (3):266–290.
David Estlund (2007). On Following Orders in an Unjust War. Journal of Political Philosophy 15 (2):213–234.
David M. Estlund (2009). Democratic Authority: A Philosophical Framework. Princeton University Press.
Citations of this work BETA
No citations found.
Similar books and articles
Mark Young & Andrew Sneddon (2011). Communitarian and Liberal Themes in Moral Agency and Education. Review of Philosophy and Psychology 2 (1):105-120.
Jens Meierhenrich (2006). The Ethics of Lustration. Ethics and International Affairs 20 (1):99–120.
Erol Kuyurtar (2007). Are Cultural Group Rights Against Individual Rights? The Proceedings of the Twenty-First World Congress of Philosophy 3:51-59.
Marion Smiley (2010). From Moral Agency to Collective Wrongs: Re-Thinking Collective Moral Responsibility. Journal of Law and Policy (1):171-202.
C. Soares (2003). Corporate Versus Individual Moral Responsibility. Journal of Business Ethics 46 (2):143 - 150.
E. Glen Weyl (2009). Whose Rights? A Critique of Individual Agency as the Basis of Rights. Politics, Philosophy and Economics 8 (2):139-171.
Philip Pettit & David Schweikard (2006). Joint Actions and Group Agents. Philosophy of the Social Sciences 36 (1):18-39.
Kok-Chor Tan (2002). Liberal Nationalism and Cosmopolitan Justice. Ethical Theory and Moral Practice 5 (4):431-461.
Adina Preda (2012). Group Rights and Group Agency. Journal of Moral Philosophy 9 (2):229-254.
Liviu Damsa (2011). Lustration (Administrative Justice) and Closure in Post–Communist East Central Europe. International Journal of Public Law and Policy 4 (1):335-375.
Added to index2010-03-09
Total downloads114 ( #12,175 of 1,692,510 )
Recent downloads (6 months)9 ( #25,161 of 1,692,510 )
How can I increase my downloads?