Truth v. Justice: The Morality of Truth Commissions

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Robert I. Rotberg, Dennis Thompson
Princeton University Press, Jul 1, 2010 - Political Science - 344 pages

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.

 

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Contents

The Moral Foundations of Truth Commissions
22
Restoring Decency to Barbaric Societies
45
Truth Commissions Transitional Justice and Civil Society
99
Truth
122
The Third Way
141
Lessons for the World
158
Reflections on the
170
Amnestys Justice
189
The
211
What Can Truth Commissions Do?
235
The Narrative of the XIII Historian and of the Truth Commission
261
Writing Up the Truth XIV Charles VillaVicencio and Wilhelm Verwoerd
279
The Contributors
295
Copyright

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About the author (2010)

Robert I. Rotberg is President of the World Peace Foundation and Director of the Program on Intrastate Conflict at Harvard's Kennedy School. He is author or editor of dozens of books on Africa, Asia, and the Caribbean, including Creating Peace in Sri Lanka: Civil War and Reconciliation (1999), War and Peace in Southern Africa (1998), Vigilance and Vengeance: NGOs Preventing Ethnic Conflict in Divided Societies (1996), and The Founder: Cecil Rhodes and the Pursuit of Power (1988). Dennis Thompson is Alfred North Whitehead Professor of Political Philosophy and Director of the Program in Ethics and the Professions at Harvard University. He is author of Political Ethics and Public Office (1987) and coauthor, with Amy Gutmann, of Democracy and Disagreement (1996).

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