Public reason is central to John Rawls’s political liberalism, as a mechanism for citizens to discuss about matters of common interest. Although free and equal, reasonable and rational, citizens of a democratic society disagree on their understanding of truth and right, giving rise to the fact of reasonable pluralism. Thus, Rawls works out an idea of public reason which allows citizens to argue about political matters and yet remaining divided in their comprehensive doctrines. On the other hand, African culture has (...) developed the practice of palaver as way of dealing with social and political questions of the community. Usually held under a tree, scholars believe that the palaver is the African version of deliberative democracy. In this article, I elaborate the two ideas and compare them in order to see whether they are completely opposite or whether they can enrich each other. Thus, the first section focuses on Rawls’s idea of public reason, the second explores the palaver practice and the last section compares them. (shrink)

Since the publication of his A Theory of Justice (TJ), John Rawls has revolutionized political philosophy in many ways, including the understanding of human rights. His theory of rights in TJ is drawn from a comprehensive liberal doctrine and is limited to the domestic society. However, his account of human rights developed in his last major work, The Law of Peoples, claims to be politically free standing, following the model of his Political Liberalism. For Rawls, human rights are necessary conditions (...) for social cooperation. They are meant to serve as one of the principles of foreign policy of the reasonable liberal peoples, in their relations with non-liberal societies. Rawls believes that his category of human rights cannot be rejected by non-liberal peoples as parochial or particular to the Western tradition, because they are not based on any comprehensive doctrine. On the other hand, however, many African scholars have dismissed the current international human rights regime on the account of being too liberal, and not corresponding to the African communalist worldview. It is in that regard that The African Charter on Human and Peoples’ Rights and subsequent African human rights instruments were adopted to dress a list of human rights that take into account African history, civilization, and values. Thus, in three main sections, this article examines whether the Rawlsian account and the African view of human rights can enrich each other, or whether they are completely opposed. (shrink)

In recent years, transitional justice has become such an important field that it is believed to have become an international norm. Beginning as an initiative to help countries recovering from...