Journal of Global Ethics 14 (2):147-158 (2018)

Authors
George Hull
University of Cape Town
Abstract
ABSTRACTColleen Murphy has argued that in circumstances of societal transition only one special type of justice is applicable: ‘transitional justice’, a type of justice not reducible to any other type or types. I take issue with Murphy’s conclusion, showing that retributive, distributive and corrective justice all feature as isolable component parts in her own positive account of transitional justice. I also argue that restorative justice is applicable and important in transitional societies when the state itself has perpetrated serious wrongs. Murphy claims that each distinct type of justice is a response to a unique ‘basic problem of justice’, triggered by a background set of ‘circumstances’. However, I argue that identifying such a basic problem neither necessarily means the circumstances in question call for a unique type of justice, nor is sufficient to determine which type of justice is most salient in the circumstances. What is more, I show that Murphy applies her own methodology inconsistently in her treatment of transitional societies and stable democracies. I argue that what Murphy calls ‘transitional justice’ is composed of familiar types of justice as well as other moral values, but also regrettable – though often unavoidable – injustice.
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DOI 10.1080/17449626.2018.1506998
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References found in this work BETA

Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
Inequality Reexamined.Amartya Kumar Sen - 1992 - Oxford University Press UK.
Inequality Reexamined.John Roemer & Amartya Sen - 1994 - Philosophical Review 103 (3):554.

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