- Showing 4 posts filed under: Theory [–] published between Apr 01, 2012 and Apr 30, 2012 [Show all]
The nature of community: Restorative justice and permaculture
Humans are inextricably connected to the earth. We inhabit, breathe, drink, and eat this strange blue globe that is our only home. The oldest religious traditions recognized this scientific claim by weaving stories, almost myths-as-memory, which describe humans as creatures crafted from the dirt: adam and adama, human and humus, culture and cultivate. Indeed, the plurality of human cultures grows from natural biodiversity. And we are social animals, dependent for better and worse on lives beyond ourselves.
Restorative justice agrees by stating that society is interconnected, which reframes crime as the cause and effect of damaged relationships and disconnection from a sense of belonging. If this is true, then the proper response to crime, to the violation of people and interpersonal relationships, is the obligation to make things as right as possible, which includes the rehabilitation of the offender.
Book Review: The Machinery of Criminal Justice
from the review by Andrew Taslitz on Jotwell:
....Bibas’s new book, The Machinery of Criminal Justice, is so humane and thoughtful an analysis of the reforms needed in our criminal justice system that I find myself drawn to giving him still more good press....
Bibas’s argument turns on three central ideas: (1) the system pretends to a mechanistic efficiency deaf to the emotions and meaningful expressions that undergird any sound system of criminal justice; (2) lawyers and other experts have hijacked the system to serve their own needs, displacing defendants, victims, and even judges; and (3) the political forces at work are skewed toward undue penal harshness and elite control rather than adequately balanced by informed lay participation.
Restorative justice must humble if it is to be judged a success
There is little doubt that restorative justice makes sense.
Certainly when it was first brought in, the suggestion that a victim of crime being handed immediate compensation by a perpetrator made sense.
Restorative justice: Sketching a new legal discourse
[T]he aim of this paper is not merely an exploration of the practice of restorative justice, but rather an examination of the radical re-visioning of criminal justice specifically and legal discourse generally which restorative justice gestures toward.
Restorative justice imagines, and seeks to bring about, a system of justice which is responsive to the vicissitudes and dynamism that characterize individual experiences of crime. In order to do this, it re-imagines what the priorities of a system of criminal justice should be by enacting an inversion of the priorities of traditional legal discourse.