Peace and Justice: A Limited Reconciliation

This paper aims to relax the tension between the political requirements of making peace and the moral demands of doing justice, in light of the ‘peace processes’ in South Africa and Northern Ireland. It begins by arguing that criminal justice should be reconceived as consisting primarily in the vindication of victims, both direct and indirect. This is not to deny the retributive punishment of perpetrators any role at all, only to insist that it be largely subservient to the goal of vindication. Why should we take such an account of justice to be true? The paper offers two reasons. First, Christians – and even secularist liberals – have a prima facie reason in the consonance of this account with the Bible's eudaimonistic conception of justice as ordered to the restoration of healthy community. Second, since all concepts of criminal justice share the basic notion of putting right what is wrong, it would be odd if the repair of damage done to victims (i.e., their ‘vindication’) were not prominent among its concerns; and there are reasons to suppose that this vindication should actually predominate in relation to the other principles of justice (the retributive ‘balancing’ of crime and punishment, and the reform of the criminal for his own sake). In its final sections, the paper applies the proposed conception of criminal justice to the ‘peace processes’ in South Africa and Northern Ireland, and concludes that in both cases, notwithstanding concessions to the politics of peace-making, considerable justice has been done.     

Past Wrongs and Liberal Justice

Liberal theories of justice have often been unable to include the recognition of minority rights or of multiculturalism because of their emphasis on individuals. In contrast, recent theories of cultural recognition and minority rights have underestimated the tensions between group and individual rights. It is precisely the incorporation of past wrongs and their impact on present politics that can advance the liberal theory of justice for cultural minorities and their members.     

Liberal Nationalism and Cosmopolitan Justice

Many liberals have argued that a cosmopolitan perspective on global justice follows from the basic liberal principles of justice. Yet, increasingly, it is also said that intrinsic to liberalism is a doctrine of nationalism. This raises a potential problem for the liberal defense of cosmopolitan justice as it is commonly believed that nationalism and cosmopolitanism are conflicting ideals. If this is correct, there appears to be a serious tension within liberal philosophy itself, between its cosmopolitan aspiration on the one hand, and its nationalist agenda on the other. I argue, however, that this alleged conflict between liberal nationalism and cosmopolitan liberalism disappears once we get clear on the scope and goals of cosmopolitan justice and the parameters of liberal nationalism. Liberal nationalism and cosmopolitan global justice, properly understood, are mutually compatible ideals.     

Justice Beyond Borders

Liberal theories of social justicefocus predominantly on the national, ratherthan international, level, and where they doaddress international concerns they insist thatprinciples of justice at the national levelhave priority over principles at theinternational level. We question the coherenceof this arrangement, given liberal theory'scommitment to moral equality of persons as suchrather than to that of particular sets of persons. What isat issue is whether liberal theory can providea coherent basis for international justice atall. If it is to do so, we suggest that it mustbe prepared to theorise beyond the nationstate, and to take a historical perspectivewhich takes into account the ways in whichcolonial power and exploitation have given riseto the problems of international justice weface today. This revised version was published online in July 2006 with corrections to the Cover Date.     

和平、暴力与正义:和平研究的核心概念

引　　言本文旨在介绍可同时为有关和平的理论研究以及缔造和平的实践提供参考的核心概念。第一部分集中论述和平与暴力;接下来我们要讨论宽恕、和解与正义。和平研究的一个定义即它是“对借助和平手段实现的和平的研究”。这个定义马上带来两个问题:1 .我们理解的“和平”是什