RT Article
T1 Justice in circumstances of transition: comments on Colleen Murphy’s theory of transitional justice as justice of a special type
JF Journal of global ethics
VO 14
IS 2
SP 147
OP 158
A1 Hull, George
LA English
PB Routledge, Taylor & Francis Group
YR 2018
UL https://ixtheo.de/Record/1739123883
AB Colleen Murphy has argued that in circumstances of societal transition only one special type of justice is applicable: ‘transitional justice’, a type of justice not reducible to any other type or types (such as retributive, distributive, restorative or corrective justice). I take issue with Murphy’s conclusion, showing that retributive, distributive and corrective justice all feature as isolable component parts in her own positive account of transitional justice. I also argue that restorative justice is applicable and important in transitional societies when the state itself has perpetrated serious wrongs. Murphy claims that each distinct type of justice is a response to a unique ‘basic problem of justice’, triggered by a background set of ‘circumstances’. However, I argue that identifying such a basic problem neither necessarily means the circumstances in question call for a unique type of justice, nor is sufficient to determine which type of justice is most salient in the circumstances. What is more, I show that Murphy applies her own methodology inconsistently in her treatment of transitional societies and stable democracies. I argue that what Murphy calls ‘transitional justice’ is composed of familiar types of justice as well as other moral values, but also regrettable - though often unavoidable - injustice.
K1 Transitional Justice
K1 Corrective justice
K1 Distributive Justice
K1 Restorative Justice
K1 Retributive Justice
DO 10.1080/17449626.2018.1506998