Le pardon politiquenouvelles perspectives critiques sur le rapport entre responsabilité collective et la transitional justice contemporaine

Resumo

This research aims to advance coherent philosophical arguments to defend the justice of such extra-judicial operations that have animated the work of the Truth and Justice Commissions, especially those concerning the decision to give moral importance to truth-telling, the care of the victim and the reconciliation strategy by providing additional non-material forms of compensation. Caring about responsibility, especially collective responsibility means to keep in mind a particular ethical movement that takes into account the sympathetic figure of the Other as the starting point of morality. This is why, from a theoretical point of view, the moral-philosophical heritage watches over the criticism of the individualism and liberalism: in particular, In part I, I will refer to Sartre’ analysis on Autrui and intersubjectivity, his account of the role of emotion in moral judgment. That is a common aspect of Jaspers’ work. I will discuss with neo-Aristotelian tradition and virtue ethics, considering also authors such as Cooper and Tollefsen defending the idea of collective responsibility. Finally, I intend to focus on May’s work and his Sartre’s intersubjectivity interpretation. In part II, after establishing the suitability of collective moral responsibility, I concentrate on the fact that this can consistently explain our intuitions about justice on material and immaterial compensations as tools for national reconciliation. In addition, I found interesting to outline how practices demanded by transitional justice responds to the need for “difficult forgiveness” imagined by Ricoeur. In my thesis, this would be recognized as “political judgment-in-situation”. In part III, I justify the pardon and apology starting from some peculiar interpretations of international law and from a normative posture that calls for a critical interpretation of transitional justice as a hopefully critical approach to global justice.