Nordicum-Mediterraneum (Mar 2020)
Pacta servanda sunt? Jus post-bellum and transitional (in)justice in post-war and in post-authoritarian regime context
Abstract
Five chapters constitute this essay: 1) In an international context of and transitional (in)justice in post-war and in post-authoritarian regime context, after presenting an overview of the relation between conflict and institutional evolution, firstly I will turn to the interdependence of justice and virtue. Secondly, the Kelsen’s ideas of the demise of sovereignty will be examined, along with these problems: how should citizens react to the fall of a non-democratic regime? How should they initiate reconstruction in a country where conflicts are coming to an end? 2) Even if Western societies today are marked by a broad liberal consensus in favour of toleration, here, starting from the “inegalitarian charge”, I will attack toleration as an egalitarian ideal, concluding by appealing to “right to interference” criterion. 3) How should non-liberal people be treated in liberal societies? To which extent can illiberal views be tolerated? Criticizing Rawls, I reject the use of mere reasonableness, arguing that is bound to fail. 4) Instead of asking whether or not the relevant sort of institutional coercion exists, I question whether this justice requires the supply of various global public goods; I suggest that these cannot be supplied without international coercion; fourthly, I sketch some theory of global distributive (in)justice. 5) Finally, I will distinguish some aspects of political equality, rebutting an objection from legitimacy minimalism or political libertarianism.
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