Transitional Justice Models and Analytic Philosophy: Towards Theory

Abstract

Abstract:As an interdisciplinary field of scholarship, transitional justice is still in its pre-theoretical stage, focusing mainly on the case and comparative studies, supported with general considerations concerning justice in the times of transition. To entrench the field as a distinct area of studies, a theory of transitional justice needs to be formulated. The article explores the possibility of making a step towards such a theoretical basis with the use of the tools of analytical philosophy, methodology and legal theory. First, drawing on Leszek Nowak's procedure of idealisation, three basic models of responses to a painful past are formulated. Then, distinct transitional justice values are attributed to each of the models. Finally, with the use of Jerzy Kmita's concept of humanistic interpretation, the article seeks to conceptualize the way in which these values -among other factors, such as the need to uphold the rule of law or to preserve the stability of a democratic system -influence the choice of a model of transitional justice response. Thus, the aim of the presented models -which I described in more detail elsewhere (Krotoszyński 2017) -is to provide a sound theoretical basis for some of the fundamental claims formulated in the field of transitional justice.

Diplomacy in the ‘Age of Trauma’

“…It is clear that the way in which a government decides to deal with its authoritarian past partially determines a future shape of civic society or a path to consolidated democracy (Marszałek-Kawa & Wawrzyński, 2016, pp. 15-19;Koczanowicz, 1997;Krotoszyński, 2017). In the chapter on dependencies between international politics and TJ, Hun Joon Kim concludes, that "two conditions are critical for adopting transitional justice measures: first, the development of democracy and its consolidation are important preconditions for achieving further accountability measures; second, strong and resilient domestic and international activism is a key to achieving transitional justice" (Hun Joon Kim, 2016, p. 41).…”

Ukraine and the End of Post-Cold War Europe

“…It is clear, that Russian unilateral actions created a deficit of justice in Ukrainian society, especially in the context of Euromaidan's demand for modernisation and Europeanisation of the country. This pressure resulted from a pragmatic decision to commit to a pro-Western policy, but also from a choice of values which have constituted the new ideological framework for transition (Krotoszyński, 2017). The political and cultural legacy of the Revolution of Dignity -in the broader context of Russian aggression and outburst of separatism in Eastern Ukraine -formed a deep association between new Ukrainian identity and transitional justice.…”