Transitional Justice and the Quest for Democracy: A Contribution to a Political Theory of Democratic Transformations

Research output: Contribution to journalArticlepeer-review

Author(s)

  • Mihaela Mihai

Department/unit(s)

Publication details

JournalRatio Juris. An International Journal in Jurisprudence and Philosophy of Law
DatePublished - 2010
Issue number2
Volume32
Number of pages21
Pages (from-to)183–204
Original languageEnglish

Abstract

The paper seeks to contribute to the transitional justice literature by
overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating
transitions should be acknowledged as markers of a sense of justice. As such, they can help the reproduction of democracy. However, their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy.

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