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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Sorry seems to be the hardest word: apology as a form of symbolic reparation
Author:Swart, MiaISNI
Year:2008
Periodical:South African Journal on Human Rights
Volume:24
Issue:1
Pages:50-70
Language:English
Geographic term:South Africa
Subjects:conflict resolution
reparations
External link:https://doi.org/10.1080/19962126.2008.11864943
Abstract:Almost none of the leaders of the apartheid government apologised during the Truth and Reconciliation Commission (TRC) process. This article argues that it is not too late for these leaders to apologize, and that one should be open to the transcendent value of apologies. Although apology does not fit easily into South Africa's individualistic, adversarial legal culture, it does fit into the paradigm of restorative justice. As a form of symbolic reparation, apology can be part of a package of restorative measures. Symbolic reparations (such as apology) have been ordered by courts both in South Africa and internationally. Because of the essentially performative nature of apologies, even incomplete or insincere apologies have restorative value. Incomplete apologies can have value if the apologist exhibits shame or if the apology involves public humiliation. The foot washing gesture of Adriaan Vlok, Minister of Law and Order between 1986 and 1991, is an example of an incomplete apology with restorative results. Notes, ref., sum. [Journal abstract]
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