Source: (2012) Philosophy and Social Criticism. 38(7):685-700.
In this article I present some implications for a concept of transitional justice through the comparison of two approaches: retributive vs. restorative theories. Notwithstanding their profound differences in perspective, both models are grounded upon a strong notion of the public sphere. Accordingly, after showing why neither of the two approaches exhausts the problems of transitional justice, I will demonstrate how a â€˜completeâ€™ justification requires a certain view of public reason based upon rights as truth-constraints of the public sphere. (author’s abstract)