On Legitimacy Theory and the Effectiveness of Truth Commissions

Source: (2009) Law and Contemporary Problems. 72(2):123-141.

But are truth commissions effective? Of course, the first part of the answer to this question requires an answer to an earlier query: Effective at what? Can a
truth commission create a democratic political system? Probably not. Can it
erase a history of intense political conflict, bringing all sides together in a spirit
of mutual respect and cooperation? Surely not. But, to lower our expectations,
can a truth commission contribute to a collective memory for a society,
providing at least some common understanding of a country’s conflictual past,
including some appreciation of the motives of “the enemy”? Can a truth
commission contribute to the development of a rule-of-law culture that respects
human rights and thereby raises the costs of future efforts to violate the human
rights of the citizenry? Can a truth commission advance political tolerance, a
central component of a democratic political culture and a necessary ingredient
for coexistence? The answers to these questions, while still subject to
considerable disagreement and debate, are most likely that, under at least some
conditions and to at least a limited degree, truth commissions can indeed
contribute to societal transformation. (excerpt)