Love Promoting Justice

Abstract

Transitional justice responds to injustices and violations of human rights following a period of repressive rule or civil war. This dissertation argues that the needs of post-conflict societies are best served by local, participatory approaches to transitional justice. In the case of Guatemala, it was essential for the nation to embrace its common religious narrative as a resource for rebuilding the republic. The Guatemalan Catholic Church worked to build peace out of the ashes of state sponsored terror. It demonstrated the prophetic role of the Church by offering a collective voice condemning those in positions of authority for their neglect of the basic human rights of the majority of Guatemalans. The CEG also highlighted the reconciliatory function of the Church by promoting forgiveness and reconciliation within the public square. This experience calls for theological ethical reflection on how the Catholic Church could best serve the needs of civil society in the wake of nearly forty years of political violence. Responding to the need for critical theological reflection, this dissertation proposes a transformationalist understanding of the relation of love to justice for transitional justice. It draws its inspiration from a selective reading of Augustine and Augustinian scholarship. An Augustinian approach to transitional justice brings together the high moral ideas of love, justice, forgiveness, and peace while at the same time acknowledging the ever-present reality of sin and human weakness. It attempts to transform a post-conflict society into a moral community whose citizens are on a journey toward the destination of temporal peace. It realizes that we may never reach our destination of temporal peace, but we can glimpse it from afar. This dissertation offers the following ten Augustinian insights as a framework for a theological approach to transitional justice. 1) Charity is the motivating force for transitional justice and the pursuit of socio-political reconciliation; 2) Charity transforms our understanding of justice from noninterference and retribution to rehabilitating and reconciling; 3) Transitional justice ought to be contextual, paying attention to the unique concerns of a given post-conflict society; 4) Distinguishing, without bifurcating, the ends of the temporal and celestial commonwealths offers a positive, but not naïve, evaluation of the Church’s potential to be an instrument of social transformation; 5) Post-conflict societies need to foster conditions that allow for pluralism and social cohesion through civic friendship; 6) Post-conflict societies must develop social practices to train citizens in the civic virtues of love, justice, and friendship; 7) Transitional justice requires an ethical retrieval of the truth through the healing of memory; 8) Transitional justice upholds the moral obligation to admonish and correct sinful social behavior; 9) Transitional justice ought to foster the just and prudential protection of society through the use of coercive force on behalf of society’s most vulnerable citizens; and 10) Post-conflict societies need to cultivate and sustain an ethos of active hope that, far from inducing political passivity, promotes civic engagement.