Truth V. Justice (ebook)

Argumento de Truth V. Justice (ebook)

The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation.

The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important.

In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.

"The essays themselves are accessible clear, well-written, and engaging and extraordinarily relevant as we struggle to develop an appropriate response to oppressive regime throughout the world. Truth v. Justice's greatest strength lies in both the individual and collective force of the essays each of which not only is intelligently written and important in its own right, but also demonstrative of the author's clear engagement with one another's concerns. The result is a comprehensive and thought-provoking analysis of the truth commission."--Karen Newirth, International Law and Politics

"A highly civilized, lively and provocative exchange between interesting people of diverse backgrounds and positions."--Saul Smilansky, Times Literary Supplement

"This book discusses the vast and complex range of choices in between blanket amnesty and total accountability through criminal justice, and does so with engaged and critical sympathy."--Albie Sachs, Justice of the Constitutional Court of South Africa

"The case for truth commissions is strongly and persuasively presented in these essays, which bring together a remarkable group of lawyers, political theorists, and historians, all of them intelligently engaged with each other's concerns."--Michael Walzer

"Truth commissions have become important institutions to support societies in transition from oppression to democracy. In this outstanding collection of essays well qualified experts consider the legal, political and moral issues associated with such truth commissions."--Richard Goldstone, Justice of the Constitutional Court of South Africa

"This important and innovative text brings together a group of highly accomplished scholars to study one of the most astonishing developments of our times: the thoughtful establishment of commissions to promote reconciliation and reveal truth instead of punishing past offenders."--Jeffrey Herbst, author of States and Power in Africa0Acknowledgments vii
I. Truth Commissions and the Provision of Truth, Justice, and Reconciliation by Robert I. Rotbtrg 3
II. The Moral Foundations of Truth Commissions by Amy Gutmann and Dennis Thompson 22
III. Restoring Decency to Barbaric Societies by Rajeev Bhargava 45
IV Moral Ambition Within and Beyond Political Constraints: Reflections on Restorative Justice by Elizabeth Kiss 68
V Truth Commissions, Transitional Justice, and Civil Society by David A Crockcr 99
VI. The Moral Foundations of the South African TRC: Truth as Acknowledgment and Justice as Recognition by Andre du Toit 122
VII. Truth and Reconciliation in South Africa: The Third Way by Alex Boraine 141
VIII. The Uses of Truth Commissions: Lessons for the World by Dumisa B. Ntsebexa 158
IX. Amnesty, Truth, and Reconciliation: Reflections on the South African Amnesty Process by Ronald C. Slye 170
X. Amnesty's Justice by Kent Greenawalt 189
XI. Trials, Commissions, and Investigating Committees: The Elusive Search for Norms of Due Process by Sanford Levinson 211
XII. The Hope for Healing: What Can Truth Commissions Do? by Martha Minow 235
XIII. Doing History, Doing Justice: The Narrative of the Historian and of the Truth Commission by Charles S. Mater 261
XIV Constructing a Report: Writing Up the "Truth" by Charles Villa-Yicencio and Wilhelm Yerwoerd 279
The Contributors 295
Index 299