Abstract
The present essay explains law as a way of mastering the past in case of large-scale human rights violations. On the example of the theory and practice of transitional justice, such key strategies for mastering the past as truth, justice and reconciliation are viewed as forms of mutual recognition. The very phenomenon of transitional justice is conceived as a ‘border situation’, which makes it possible to clarify the true nature of law as an antithesis to violence and its fundamental connection with the peace.
Highlights
Human beings exist in time, that’s why they are continuously dealing with the past through the mechanisms of memory and forgetting
This paper purposes to conceive the transitional justice as a ’border situation’, which makes it possible to clarify the true nature of law
Are the truth and justice possible without reconciliation, even in such modest version, as it sets out in the final report of the South African Truth and Reconciliation Commission: ’Reconciliation requires that all South Africans accept moral and political responsibility for nurturing a culture of human rights and democracy within which political and socio-economic conflicts are addressed both seriously and in a non-violent manner’ [11]? After all, is not this the reconciliation with its own past, or its mastering?
Summary
Human beings exist in time, that’s why they are continuously dealing with the past through the mechanisms of memory and forgetting. Філософія society has provoked the appearance of the concept and practice of transitional justice. These transitional societies face the challenge of retributive justice, and the need to rehabilitate the victims and, above all, the challenge of a new normative values formation.
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