- Showing 1 posts filed under: Retribution [–], Theory [–] published between Mar 01, 2010 and Mar 31, 2010 [Show all]
Restorative justice considers the merits of cases not just rules…
The disturbing case of Albert Holland whose lawyer failed to adequately represent him points out a growing problem with our traditional courts: the focus on the law and rules vs. the facts and merits of particular cases in making rulings.
Most American legal cases are being decided on procedure and law, “the rules,” and not on equity or the merits of cases. See Michael J. Sandel’s Democracy’s Discontent: America in Search of a Public Philosophy.
The merits are about people and the particular facts about their unique experience in every conflict. Our courts should be places where people can go to find fairness and justice. Court should be a place where people know they can go to have the facts of their cases heard and considered by other people, judges, who care.