Paths of democracy and the voice of reconciliation
DOI:
https://doi.org/10.4013/1416Abstract
The democratic transition in South Africa outlines the process of truth and reconciliation as an indispensable condition for a renewed constitutional normativity. Important philosophers like Ricoeur and Merleau-Ponty, and militant thinkers like Gramsci, Benjamin e Pato?ka proposed a phenomenology of transition resumed by experience, history and utopia. It is ours to investigate the juridical foundations of pardon as following the relation between responsibility (interpellation) and culpability (confession) throughout the “truth and reconciliation” process. This will allow us to present the experience of the South Africa Commission as a complex model of transitional justice that both recognizes traditional institutes like amnesty and introduces the link confession – pardon, as grounded into the philosophical presupposition of the “people” idea.
Key words: transitional justice, South African Commission, truth and reconciliation.Downloads
Published
Issue
Section
License
I grant the journal RECHTD the first publication of my article, licensed under Creative Commons Attribution license (which allows sharing of work, recognition of authorship and initial publication in this journal).
I confirm that my article is not being submitted to another publication and has not been published in its entirely on another journal. I take full responsibility for its originality and I will also claim responsibility for charges from claims by third parties concerning the authorship of the article.
I also agree that the manuscript will be submitted according to the journal’s publication rules described above.
