Towards a minimal conception of Transitional Justice

Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception of normative stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply.

Politics, Truth, and Respect

Some claim that comprehensive liberalism is exclusionary on the ground that it ignores false but reasonable views. They claim that, insofar as the political liberal state bases its policy on views for which it claims reasonableness but not truth, it respects citizens in a way that comprehensive liberalism does not. The chapter argues that this is false. It distinguishes between ignoring a false view and ignoring the fact that someone holds a view (that happens to be false). Comprehensive liberalism does the former, but this is far from committing it to the latter also. Due respect is paid to citizens by taking appropriate account of the fact that they hold views other than those endorsed by the state. The chapter suggests a variety of ways in which this might be done. It argues that the comprehensive liberal state may reject views as untrue while respecting those who hold them because its attitude towards citizens is premised on the understanding that we are all interested in what really is just, and we are all concerned in trying to find out what that is. None of us wants a false view to be accepted—because it is false. The state respects a person’s capacity for reason by occupying the same epistemic ground as she does on the question of her belief, taking her to be a sincere but fallible inquirer after the truth, rather than patronizing her by remaining neutral in a way that she does not.

Disenfranchisement and the Capacity/Equality Puzzle: Why Disenfranchise Children but Not Adults Living with Cognitive Disabilities

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles.

Epistemic Reasonableness and Respect for Persons

Recent discussions by Martha Nussbaum and Steven Wall shed new light on the concept of reasonableness in political liberalism and whether the inclusion of epistemic elements in the concept necessarily makes political liberalism lose its antiperfectionist appeal. This article argues that Nussbaum’s radical solution to eliminate the epistemic component of reasonableness is neither helpful nor necessary. Instead, adopting a revised understanding of epistemic reasonableness in terms of a weak view of rationality that is procedural, external and second-order rather than a strong view that is substantial, internal and first-order can help political liberalism maintain an epistemic dimension in the idea of reasonableness without becoming perfectionist. In addition, political liberalism can defend a stronger account of respect for persons against liberal perfectionism on the basis of the revised understanding of epistemic reasonableness. Both arguments serve to demonstrate the strength of the political liberal project.

Liberalism, commodification, and justice

Anti-commodification theorists condemn liberal political philosophers for not being able to justify restricting a market transaction on the basis of what is sold, but only on the basis of how it is sold. The anti-commodification theorist is correct that if this were all the liberal had to say in the face of noxious markets, it would be inadequate: even if everyone has equal bargaining power and no one is misled, there are some goods that should not go to the highest bidder. In this paper, I respond to the anti-commodification critique of liberalism by arguing that the political liberal has the wherewithal to account not only for the conditions under which goods should not be sold, but also for what kinds of goods should not be for sale in a market economy. The political liberal can appeal to a principle of equal basic rights, and to one of sufficiency in basic needs and the social bases of self-respect, I argue, to account for what’s problematic about markets in civic goods, necessary goods, and physical goods including body parts and intimate services.

Rooted Reciprocity

Reciprocity is a moral value that concerns the accommodation of conflicting claims. This paper argues that the demands of reciprocity can come into conflict with the requirements of justice. This conflict is most readily apparent when reciprocity is viewed as a rooted notion, one that addresses the concerns and claims of actual people in less than ideal circumstances. Reciprocity is a value that figures prominently in the writings of those who call themselves political liberals. But political liberals, the paper also contends, have oversimplified the relationship between reciprocity and justice. Taking the rooted dimension of reciprocity seriously and thinking hard about the potential conflicts between reciprocity and justice moves us beyond the confines of the political liberal project and allows us to view reciprocity as a notion that illuminates the moral dimension of political compromise.