Preface; Introduction; 1. Circumstances of transitional justice; 2. The problem of transitional justice; 3. Societal transformation; 4. The just pursuit of transformation; Conclusion.
This accessible book analyses transitional justice and discusses how it differs from retributive, corrective, and distributive justice.
Colleen Murphy is Professor of Law, Philosophy and Political Science at the University of Illinois, Urbana-Champaign.
'Colleen Murphy develops, and delivers, the bold argument that
transitional justice - the way a society reckons with massive human
rights abuses - is not ordinary justice. It is not reducible to
retributive or restorative principles, nor to case-by-case
determinations; rather, it is distinctive justice, because it is
concerned with the just pursuit of societal transformation and
relational repair. Murphy's book is a game-changer: a must-read for
anyone concerned with the theory, practice, and policy of
post-conflict rebuilding.' Mark A. Drumbl, Transnational Law
Institute, Washington and Lee University, Virginia
'Murphy offers an outstanding analysis. This ambitious book
constructs a novel way of conceiving the 'justice' in transitional
justice, provoking discussion on a topic that has received little
sustained analysis in the burgeoning transitional justice
literature.' Margaret Urban Walker, Journal of Global Ethics
'Colleen Murphy's new book on transitional justice displays her
signature blend of analytic rigor, elegant writing, and empirically
anchored theorizing. She follows up her excellent first book on
political reconciliation with a volume on what it means to
transform a war-torn society so that it can, ultimately, become
reconciled. The just pursuit of political transformation, Murphy
argues, is at the heart of the idea of transitional justice. This
is the best, most ambitious philosophical account of transitional
justice that I know of. The book can be read with utility by
scholars and students seeking to understand the unique conditions
and dilemmas surrounding transitions, as well as by policy makers
interested in fashioning decent and legitimate transitional
institutions.' Nir Eisikovits, Ethics
'In The Conceptual Foundations of Transitional Justice, Colleen
Murphy develops a theoretical framework for understanding the
conditions, objectives, and processes of transitional justice. It
is a very interesting and useful contribution to the literature on
transitional justice … the book helps us to rethink how we -
practitioners, interested parties, and scholars - can more
coherently, effectively, and justly respond to past wrongdoing.'
Roger Duthie and David Tolbert, International Center for
Transitional Justice
'By reframing justice away from legal accountability and toward the
evaluation of legal responses based on their contributions to
reforming political relationships, between citizen and state and
among citizens, she moves past the increasingly unsolvable debates
that have preoccupied the field.' Laurel E. Fletcher, University of
California, Berkeley School of Law
'Murphy deserves accolades for traversing numerous disciplinary
divides in her approach to transitional justice. For scholars
seeking to build more bridges between international law and
philosophy, this books offers an excellent way as to how it can be
done.' Steven R. Ratner, University of Michigan Law School
'Murphy eloquently argues that transitional justice is not like
normal justice; it is qualitatively different because of the
fundamentally distinct circumstances that constitute periods of
political transition. These include: (a) pervasive structural
inequality; (b) normalized collective and political wrongdoing; (c)
serious existential uncertainty; and (d) fundamental uncertainty
about authority. These background circumstances mean that ordinary
ideas of retribution, corrective justice, and restitution do not
cater to the needs of societies undergoing transition from
authoritarianism/mass violence to democracy/peace. The misfit with
these usual concepts of justice is so acute that we must craft an
entirely new, distinct brand of justice that follows its own logic
and answers to its own self-consciously defined first principles.'
James Stewart, University of British Columbia
'… the book is a sophisticated and analytic account of a timely
topic, and merits a careful read by those with an interest in the
challenges of transitioning from injustice to justice in
circumstances that make the transition, without good guidance of
the kind Murphy offers, seem impossible to achieve.' Patti Lenard,
Notre Dame Philosophical Reviews
'Murphy's accessible and engaging book provides a normatively clear
and philosophically rigorous theory of transitional justice that is
a valuable contribution to a burgeoning literature on a complex
moral and political subject. … its clarity helps to illuminate
where future philosophical work on this complex theme should go.'
Catherine Lu, Criminal Law and Philosophy
'This book will be very useful to those who are interested in
post-conflict rebuilding, conflict transformation, and
reconciliation. The author asks us to reconsider conventional ideas
about transitional justice and to focus on the role that relational
change can play in it. Although Murphy's research needs to be fully
contextualized to establish its relationship with ideas explored in
other relevant literature, this book will help theorists and
practitioners to comprehend the complex yet unsolved relation
between 'doing justice' and 'social transformation' in transitional
societies.' Kang Hyuk Min, Journal of Conflict Transformation and
Security
'The Conceptual Foundations of Transitional Justice advances
this work in important ways, by developing a bold case for the
importance of transitional justice. The book is a rewarding
intellectual journey, and offers a provocative framework for
transforming theory and practice.' Bronwyn Leebaw, Perspectives on
Politics
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