Chapter 8 - Forgiveness, punishment and justice

Summary

RESTORATIVE JUSTICE

An important area of discussion in legal jurisprudence is a recent development called ‘restorative justice’. Though forgiveness is not explicitly discussed very often as part of the process of restorative justice, much about restorative justice implies forgiveness (or something closely related to forgiveness). One of the concerns of restorative justice is to reshape and redirect the retributivism that is implicit in the criminal law and for which some victims long. Restorative justice involves an expression of ‘atonement’ and can result in what may be termed a form of ‘secular forgiveness’ for wrong done. It is germane to the subject of this book because it focuses on disordered relationships where there has been wrongdoing. The intended outcome of restorative justice includes restoration and reconciliation, hopes that are similar to forgiveness.

Though most frequently discussed in the context of criminal behaviour, the theory of restorative justice is not another theory of criminal law (concerning itself with matters such as definitions of crimes, the nature and purpose of criminal legislation, punishment and personal responsibility). Neither is it an adaptation of existing theories. Rather, as some have argued, it amounts to a new theory of justice (Gavrielides 2005: 93) for, unlike existing theories of criminal law, it is not based on the idea of punishment consequent upon the violation of a criminal law.

So, then, what is restorative justice? It is a process that seeks solutions to ruptured relationships.