- Showing 1 posts filed under: Distinguishing [–] published between Feb 01, 2010 and Feb 28, 2010 [Show all]
Restorative justice and society
by Hans Barendrecht, Martine Cammeraat and Esther Klaassen of Gevangenenzorg Nederland, the Prison Fellowship affiliate in the Netherlands.
....The most important core value of Gevangenenzorg Nederland is the concept of merciful justice. This is an exciting concept that, at first, could seem like a contradiction in terms. It is not justice as contained in criminal law. Our judicial system is based on the principles of legitimacy and proportionality. This means that the punisher is working in accordance with the law and that the punishment is proportional to the offence or the crime. This is justice whereby the law may take its course but no restoration or fresh prospects are put forward.
On the other hand it is not the intention that merciful justice should be thought to be a denial of the existence of guilt and harm. Not at all! If that were to happen justice would lose all meaning. Without guilt there is no injustice and without harm no need for restoration.