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Transitional JusticeNOMOS LI$
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Melissa S. Williams, Rosemary Nagy, and Jon Elster

Print publication date: 2012

Print ISBN-13: 9780814794661

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814794661.001.0001

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Transitional Prudence

Transitional Prudence

A Comment on David Dyzenhaus, “Leviathan as a Theory of Transitional Justice”

Chapter:
(p.218) 8 Transitional Prudence
Source:
Transitional Justice
Author(s):

Eric A. Posner

Publisher:
NYU Press
DOI:10.18574/nyu/9780814794661.003.0009

This chapter remarks on some points of David Dyzenhaus' review on Hobbes' theory of justice, foremost among them is Dyzenhaus' use of the political transition in South Africa to support the theory. Using this point, the chapter shows that theorists of transitional justice think that arguments (e.g. whether transitional justice can be achieved only if the leaders of the old regime are punished for committing atrocities) that are formed within this political transition have universal answers. They believe that a theory could tell whether a particular transitional regime should opt for one extreme or another or choose a middle path. In the same way, Dyzenhaus does not believe that theories of transitional justice are different from ordinary theories of justice, but he does believe that an ordinary theory of justice can serve the same function.

Keywords:   David Dyzenhaus, Hobbes' theory of justice, transitional justice, theorists, theories of justice

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