Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional (...) and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists. (shrink)

Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of political reconciliation ought to promote. (...) Building on this analysis, she proposes a normative model of political relationships. A Moral Theory of Political Reconciliation delivers an original account of the failure and restoration of political relationships, which will be of interest to philosophers, social scientists, legal scholars, policy analysts, and all those who are interested in transitional justice, global politics, and democracy. (shrink)

It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of (...) law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third.. (shrink)

Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the point along this spectrum that (...) is morally or politically most significant. Section 3 provides an overview of the processes commonly cited as contributing to reconciliation. These processes are often controversial; those praised by some commentators as appropriate and constructive responses to past conflict are dismissed by others as undermining the moral or political conditions for just and peaceful relations. Section 4 concentrates on the relationship between reconciliation and justice. While some see these values as compatible and mutually supporting, others argue that, especially in the immediate wake of conflict, parties must often choose between reconciliation and justice. (shrink)

The development of the curriculum for engineering education should be based on a comprehensive understanding of engineers’ responsibilities. The responsibilities that are constitutive of being an engineer include striving to fulfill the standards of excellence set by technical codes; to improve the idealized models that engineers use to predict, for example, the behavior of alternative designs; and to achieve the internal goods such as safety and sustainability as they are reflected in the design codes. Globalization has implications for these responsibilities (...) and, in turn, for engineering education, by, for example, modifying the collection of possible solutions recognized for existing problems. In addition, international internships can play an important role in fostering the requisite moral imagination of engineering students. (shrink)

The development of the curriculum for engineering education should be based on a comprehensive understanding of engineers’ responsibilities. The responsibilities that are constitutive of being an engineer include striving to fulfill the standards of excellence set by technical codes; to improve the idealized models that engineers use to predict, for example, the behavior of alternative designs; and to achieve the internal goods such as safety and sustainability as they are reflected in the design codes. Globalization has implications for these responsibilities (...) and, in turn, for engineering education, by, for example, modifying the collection of possible solutions recognized for existing problems. In addition, international internships can play an important role in fostering the requisite moral imagination of engineering students. (shrink)

Knowledge of the responsibilities of engineers is the foundation for answering ethical questions about the work of engineers. This paper defines the responsibilities of engineers by considering what constitutes the nature of engineering as a particular form of activity. Specifically, this paper focuses on the ethical responsibilities of engineers qua engineers. Such responsibilities refer to the duties acquired in virtue of being a member of a group. We examine the practice of engineering, drawing on the idea of practices developed by (...) philosopher Alasdair MacIntyre, and show how the idea of a practice is important for identifying and justifying the responsibilities of engineers. To demonstrate the contribution that knowledge of the responsibilities of engineers makes to engineering ethics, a case study from structural engineering is discussed. The discussion of the failure of the Sleipner A Platform off the coast of Norway in 1991 demonstrates how the responsibilities of engineers can be derived from knowledge of the nature of engineering and its context. (shrink)

In this paper, we present a Capabilities -based Approach to the acceptability and the tolerability of risks posed by natural and man-made hazards. We argue that judgments about the acceptability and/or tolerability of such risks should be based on an evaluation of the likely societal impact of potential hazards, defined in terms of the expected changes in the capabilities of individuals. Capabilities refer to the functionings, or valuable doings and beings, individuals are able to achieve given available personal, material, and (...) social resources. The likely impact of a hazard on individuals’ capabilities should, we argue, be compared against two separate thresholds. The first threshold specifies the minimum level of capabilities attainment that is acceptable in principle for individuals to have in the aftermath of a hazard over any period of time. This threshold captures the level that individuals’ capabilities ideally should not fall below. A risk is acceptable if the probability that the attained capabilities will be less than the acceptable level is sufficiently small. In practice, it can be tolerable for some individuals to temporarily fall below the acceptable threshold, provided this situation of lower capabilities attainment is temporary, reversible, and the probability that capabilities will fall below a tolerability threshold is sufficiently small. This second, tolerable threshold delimits an absolute minimum level of capabilities attainment below which no individual in a society should ever fall, regardless of whether that level of capabilities attainment is temporary or reversible. In this paper, we describe and justify this Capabilities -based Approach to the acceptability and tolerability of risks. We argue that the proposed theoretical framework avoids the limitations in current approaches to acceptable risk. The proposed approach focuses the attention of risk analysts directly on what should be our primary concern when judging the acceptability and the tolerability of risks, namely, how risks impact the well-being of individuals in a society. Also, our Capabilities -based Approach offers a transparent, easily communicable way for determining the acceptability and the tolerability of risks. (shrink)

Processes of transitional justice deal with large-scale wrongdoing committed during extended periods of conflict or repression. This paper discusses three common moral objections to processes of transitional justice, which I label shaking hands with the devil, selling victims short, and entrenching the status quo. Given the scale of wrongdoing and the context in which transitional justice processes are adopted, compromise is necessary. To respond to these objections, I argue, it is necessary to articulate the conditions that make a compromise principled. (...) I defend three criteria that distinguish principled from unprincipled compromises. (shrink)

Within philosophy there has been little discussion of the risks associated with natural events such as earthquakes. The first objective of this paper is to demonstrate why such risks should be the subject of more sustained philosophical interest. We argue that we cannot simply apply to risks associated with natural events those insights and frameworks for moral evaluation developed in the literature considering ordinary risks, technological risks and the risks posed by anthropogenic climate change. The second objective of this paper (...) is to identify and develop a framework for the moral evaluation of the source of the risks associated with natural events, or the actions which sustain and impact such risks. Our discussion concentrates on the ways the construction and modification of built and natural environments can alter the probability of occurrence of natural events and the character and magnitude of the impact that such events have. We then argue for the need to develop a standard of reasonable care for decisions about the built and modified natural environment, which accounts for technical and resource constraints, as well as the place of natural hazard mitigation in public policy. (shrink)

I argue that international criminal trials can contribute to political reconciliation by fostering the social conditions required for law’s efficacy.

This paper proposes a Capabilities -based Approach to guide hazard mitigation efforts. First, a discussion is provided of the criteria that should be met by an adequate framework for formulating public policy and allocating resources. This paper shows why a common decision-aiding tool, Cost-benefit Analysis, fails to fulfill such criteria. A Capabilities -based Approach to hazard mitigation is then presented, drawing on the framework originally developed in the context of development economics and policy. The focus of a Capabilities -based Approach (...) is protecting and promoting the well-being of individuals. Capabilities are dimensions of well-being and specified in terms of functionings. Functionings capture the various things of value an individual does or becomes in his or her life, including being alive, being healthy, and being sheltered. Capabilities refer to the real achievability of specific functionings. In the context of hazard mitigation, from a Capabilities -based Approach, decision- and policy-makers should consider the acceptability and tolerability of risks along with the affectability of hazards when determining policy formulation and resource allocation. Finally, the paper shows how the proposed approach satisfies the required criteria, and overcomes the limitations of Cost-benefit Analysis, while maintaining its strengths. (shrink)

Engineers must deal with risks and uncertainties as a part of their professional work and, in particular, uncertainties are inherent to engineering models. Models play a central role in engineering. Models often represent an abstract and idealized version of the mathematical properties of a target. Using models, engineers can investigate and acquire understanding of how an object or phenomenon will perform under specified conditions. This paper defines the different stages of the modeling process in engineering, classifies the various sources of (...) uncertainty that arise in each stage, and discusses the categories into which these uncertainties fall. The paper then considers the way uncertainty and modeling are approached in science and the criteria for evaluating scientific hypotheses, in order to highlight the very different criteria appropriate for the development of models and the treatment of the inherent uncertainties in engineering. Finally, the paper puts forward nine guidelines for the treatment of uncertainty in engineering modeling. (shrink)

There is a widely acknowledged need for a single composite index that provides a comprehensive picture of the societal impact of disasters. A composite index combines and logically organizes important information policy-makers need to allocate resources for the recovery from natural disasters; it can also inform hazard mitigation strategies. This paper develops a Disaster Impact Index (DII) to gauge the societal impact of disasters on the basis of the changes in individuals’ capabilities. The DII can be interpreted as the disaster (...) impact per capita. Capabilities are dimensions of individual well-being and refer to the genuine opportunities individuals have to achieve valuable states and activities (such as being adequately nourished or being mobile). After discussing the steps required to construct the DII, this article computes and compares the DIIs for two earthquakes of similar magnitude in two societies at different levels of development and of two disasters (earthquake and wind storm) in the same society. (shrink)

Political reconciliation involves the repairing of damaged political relationships. This paper considers the possibility and moral justifiability of pursuing political reconciliation in the aftermath of systematic and egregious wrongdoing, in particular genocide. The first two sections discuss what political reconciliation specifically requires. I argue that it neither entails nor necessitates forgiveness. Rather, I claim, political reconciliation should be conceptualized as the (re-)establishment of Fullerian mutual respect for the rule of law. When a society governs by law, publicly declared legal rules (...) establish clear and practicable standards for behavior which are enforced in practice. Subjects of the law thus can form stable and reasonable predictions of how other citizens and officials will respond to their actions. After explaining why this analysis of political reconciliation is compelling, the third section spells out the implications of my analysis for determining the possibility of achieving and the justifiability of pursuing political reconciliation. (shrink)

A capability approach has been proposed to risk analysis, where risk is conceptualized as the probability that capabilities are reduced. Capabilities refer to the genuine opportunities of individuals to achieve valuable doings and beings, such as being adequately nourished. Such doings and beings are called functionings. A current debate in risk analysis and other fields where a capability approach has been developed concerns whether capabilities or actual achieved functionings should be used. This paper argues that in risk analysis the consequences (...) of hazardous scenarios should be conceptualized in terms of capabilities, not achieved functionings. Furthermore, the paper proposes a method for assessing capabilities, which considers the levels of achieved functionings of other individuals with similar boundary conditions. The capability of an individual can then be captured statistically based on the variability of the achieved functionings over the considered population. (shrink)

Transitional justice is broadly understood to refer to formal efforts to deal with past wrongs in the midst of a transition from an extended period of conflict or repression to democracy. In this paper, I consider the role of international criminal trials in transitional justice. I argue that such trials may contribute to transitional justice, but such contributions are conditional on two main factors. The first factor is time. The second factor is what other transitional justice responses are adopted domestically.

The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...) paper, we will argue that norms of political reconciliation provide some of the resources we need to address postwar justice. (shrink)

ABSTRACTTransitional justice encompasses a global body of scholarship and practice that concentrates on responses to large-scale wrongdoing in the context of an attempted shift from conflict and/or repression. In my book, The Conceptual Foundations of Transitional Justice I argue that transitional justice is a distinctive type of justice. Transitional justice requires the just pursuit of societal transformation. I define transformation relationally, as the terms defining interaction among citizens and between citizens and officials. Transformation is necessary because of the presence of (...) pervasive structural inequality and wrongdoing. Transformation is a practical possibility because of the uncertainty characteristic of transitions. Processes of transitional justice pursue transformation by dealing with past wrongs. The just pursuit of societal transformation requires heeding the moral claims of victims and moral demands on perpetrators. In this paper, I address four issues raised by Sirkku Hellsten, George Hull, Thaddeus Metz, and Margaret Urban Walker. I first discuss the methodological questions pressed. I then consider challenges to the substantive view of transitional justice I propose. I next turn to queries about the distinctiveness of transitional justice. Finally, I respond to skepticism about the necessity and value of a substantive normative theory of transitional justice. (shrink)

I discuss why one critical aspect of the process of political reconciliation involves the restoration of mutual respect for the rule of law and suggest that psychological research on post-traumatic stress disorder (PTSD) provides valuable resources for understanding how successfully to restore such mutual respect.

Nir Eisikovits argues in A Theory of Truces that most contemporary conflicts wind down in a much more piecemeal fashion than our theorizing about the morality of ending wars suggests. Pauses in violence are achieved by securing agreement on narrow questions. Moreover, rather than hoping to do away with violence, theorizing would do best, he writes, to take as its starting point the fact of warfare as part of the human condition. Eisikovits aims to articulate the features of truce thinking, (...) a framework that is more descriptively accurate and normatively useful in navigating contemporary conflicts and promoting reconciliation. After summarizing his view, I argue that Eisikovits’ explanation of the contribution of truces to political reconciliation is too narrow; contrary to what he claims, truces can make an important contribution to the rule of law. I also challenge Eisikovits’ characterization of the first feature of truce thinking. I argue that while there is an important present focus on immediate benefits from temporary measures, the future looms much larger than Eisikovits recognizes. Truces matter not only for what they make possible now, but also for their ramifications for prospects for future peace. These ramifications go beyond creating conditions for hope or optimism. (shrink)

One of the central moral challenges facing numerous political communities today is political reconciliation. In the aftermath of repression, conflict, and injustice, communities confront the task of repairing damaged relationships among citizens and between citizens and officials. In A Moral Theory of Political Reconciliation, I develop a theory of what this process entails and of its moral significance. My central claim is that political relationships are damaged when and to the extent that they fail to express reciprocity and respect for (...) agency. Failures of reciprocity and respect for agency are how relationships go wrong during extended periods of repression and conflict, and it is in cultivating these two values in relations among citizens and officials that relationships are repaired. I am very grateful for the thoughtful, incisive, and stimulating comments provided by Cindy Holder, Tracy Isaacs, and Alice MacLachlan. In this reply to their commentaries, I first provide a brief background of the motivation for my project and an overview of the main theses that I defend over the course of my book. I then turn to three kinds of concerns raised by Holder, Isaacs, and MacLachlan. The first urges me to rethink the restriction of my analysis of political reconciliation to contexts of transition. The second challenges the particular way that I conceptualize the demands of reciprocity and respect for agency in political relationships. The final set turns to my analysis of the processes that can facilitate reconciliation. (shrink)

Societies in transition from repressive rule or civil conflict to a just social order confront distinctive challenges. Many authors claim that the long-term stability of newly established democracies depends crucially upon the ability of former adversaries to reconcile. Interestingly, however, authors typically assume, rather than attempt to prove, the truth of this claim, thereby presupposing the moral value of political reconciliation. Similar assumptions underlie debates about whether truth commissions can be morally justified in granting amnesty to perpetrators of offenses against (...) human rights. A central issue in these debates is whether reconciliation or retribution should have priority. There is thus a general tendency to employ such central concepts as reconciliation without offering an adequate account of their meaning or moral and practical import. Until we adequately understand the concept of reconciliation, the goals of a wide range of policies and the issues at stake in important moral debates will remain unclear. ;In my dissertation, I offer a novel account of political reconciliation. The concept of reconciliation, I argue, implies both a goal and a means of pursuing it. The state of reconciliation is the goal ideally promoted by processes of reconciliation. In the context of transitional justice, this goal is to establish healthy democratic political relationships. I analyze such democratic political relationships in terms of two fundamental ideals of political morality: respect for the rule of law and equality of agency. My strategy is to discuss first the intuitively problematic aspects political relationships typical of societies in conflict or under repressive rule, drawing on empirical data from political science. I then provide a characterization of a philosophical ideal, which I use to offer a new interpretation of the empirical description of problematic political relationships. Finally, based on my account of the state reconciliation, I develop a set of criteria that we can use when judging the effectiveness of various processes in promoting reconciliation. (shrink)