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RETHINKING THE LEGITIMACY OF TRUTH COMMISSIONS: “I AM THE ENEMY YOU KILLED, MY FRIEND”
Author(s) -
EISIKOVITS NIR
Publication year - 2006
Publication title -
metaphilosophy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.475
H-Index - 35
eISSN - 1467-9973
pISSN - 0026-1068
DOI - 10.1111/j.1467-9973.2006.00445.x
Subject(s) - sympathy , amnesty , commission , law , legitimacy , politics , political science , sociology , economic justice , social psychology , psychology
The most contentious aspect of South Africa's Truth and Reconciliation Commission (TRC) concerned its amnesty‐granting powers. In return for perpetrators providing full disclosure about their crimes, the TRC was authorized to release them from both criminal responsibility and civil liability. This essay takes up the thorny question of how such a commission might be morally justified. Part 1 discusses the political circumstances that led to the creation of the TRC. Part 2 provides a critical survey of some previous attempts to justify the commission's work. Part 3 offers a new justification, grounded in Adam Smith's notion of sympathy; after outlining some of the benefits of sympathy for political reconciliation, I argue that the work of a South African–style truth commission can promote sympathy between former enemies.