This paper explores the feasibility of offering a restorative justice (RJ) approach in cases of domestic violence (DV). I argue that widely used RJ processes—such as ‘conferencing’—are unlikely to be sufficiently safe or effective in cases of DV, at least as these processes are standardly designed and practiced (Sections 1-6). I then support the view that if RJ is to be used in cases of DV, then new specialist processes will need to be co-designed with key stakeholders to (...) ensure they embody not only RJ principles, but also feminist theory and the concept of transformative justice (Section 7). (shrink)

The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that (...) this phenomenon is, in part, a consequence of (i) the almost universal use of service-delivery criteria in the evaluation of Restorative Justice programs, and (ii) the absence of research on the interactional processes involved within the victim-offender encounter itself, using suitably designed methodological tools. (shrink)

This article provides an exposition of restorative justice ethics, briefly explaining how and why its relational constitution enables it to comprise a theory of justice. I then describe how that relational constitution permits it to overlap, and work in tandem, with a wide range of religious and philosophical traditions. Numerous writings in religion and peacebuilding explore the roles that restorative justice has played in transitional justice contexts (Tutu 2000, Abu-Nimer 2001, de Gruchy 2002, Biggar (...) 2003, Walker 2004, Villa-Vicencio 2009). Less examined are cases in which restorative justice aims to provide a sustainable alternative to justice institutions and systems that generate substantial systemic injustices—what peace studies scholars describe as the inter-lacing of structural, cultural, and direct forms of violence (Springs 2015). In part two, then, I make the case that intervening in, and countering, structural and cultural violence, and systemic injustices, is conceptually intrinsic to restorative justice. Moreover, this opens possibilities for restorative justice to present sustainable alternatives to—and work to transform— structural violence occurring in retributive justice systems. Restorative justice can uniquely intervene in these ways, I argue, because of the form of moral and spiritual association its relational constitution engenders. As a test case, I briefly examine its capacity to intervene in the justice system that perhaps leads the world in the levels of structural and cultural violence—the United States. (shrink)

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with (...) human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two (...) should therefore be one of maximum independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that (...) negatively affect both the theoretical and practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable (...) to assign personal criminal liability for corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

Restorative justice (RJ) in the secure estate is widespread internationally, although piecemeal and inconsistent in its application. It exists in the form of many practices such as mediation, conferencing, circles, and panels. As the interest in RJ continues to grow, this research takes a step back to ask how reconcilable RJ is with incapacitation. Through a combination of normative thinking, literature review, and primary research that applied qualitative methodologies over a 3-year period, the article examines where the two (...) notions meet in their intentions and expected outcomes. A new classification of restorative practices in prisons is proposed, placed in the context of case studies of existing programs from around the world. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to (...) further concerns informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. -/- This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world. (shrink)

Unquestionably, Restorative Justice (hereafter RJ) has finally gathered some real momentum. It has become a sine qua non topic in many national and international policy and statutory agendas. However, as the restorative practice expands to deal with crimes, ages and situations it has never addressed before (at least in its contemporary version), and as its application starts to make sense not only to national but also to regional and international bodies and fora, new theoretical problems are posed. (...) In the fast-growing literature many theories and Schools have been evoked to support RJ's claims. This paper will take the discussion a step back by looking at questions of meta-theoretical character. In particular, the paper will ask: Does RJ have a place in the “world of theories,” and if it does, then what kind of theory is it, and on what level should it be placed? Second, does RJ theory need a philosophy, and why? Finally, how can restorative practices be morally justified? (shrink)

Human rights and restorative justice are rarely brought under the same spotlight despite their normative similarities. In fact, this gap becomes even more apparent when put in the context of policy and practice internationally. Firstly, there is a developing gap between public perception and evidence-based depiction of crime. Secondly, scholarly debates are rarely reflected in criminal justice policy and legislation. This failure has an impact on recidivism, the spiralling costs of penal interventions, but most importantly on how (...) we view our interpersonal and inter-communal relationships. -/- This unique collection of papers brings together international leading experts in human rights and restorative justice to address a gap in the literature. From reconstructing and restorative human rights for restorative justice to addressing issues such as the standardisation of restorative justice, this edited volume is a must read for researchers, practitioners and campaigners. (shrink)

In this article, I analyze norm enforcement on social media, specifically cases where an agent has committed a moral transgression online and is brought to account by an Internet mob with incongruously injurious results in their offline life. I argue that users problematically imagine that they are members of a particular kind of moral community where shaming behaviors are not only acceptable, but morally required to ‘take down’ those who appear to violate community norms. I then demonstrate the costs that (...) are associated with this strategy; the most worrisome being those that distort the nature of moral dialog and the purpose and effectiveness of accountability practices online, creating a vitriolic and polarising online environment. Because of these negative consequences, I suggest that we ought to hold others accountable for restorative ends. I argue that restorative accountability practices can help us cultivate new norms online that rely less for their enforcement upon negative acts such as shame, and more upon positive acts that focus upon the most appropriate way to make amends to the victim(s) and the community. In this sense, restorative accountability incorporates important elements from the ethics of care, a relational ethics that values creating, promoting, and restoring good social and personal relationships. I conclude by arguing that accountability practices premised on the ethics of care produce better outcomes for the victim (s) of a moral violation, the transgressor, and the community. (shrink)

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process (...) without regard for impartiality as potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. As humanity is getting to grips with socio-economic consequences that can only be compared with those that followed World War II, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. (...) Structured around the four concepts of power - race - justice - restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with twenty-five case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides' new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful book that generates much needed hope. Through a multi-disciplinary dialogue that uses social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally. (shrink)

The chapter revisits the relationship between restorative justice and punishment through the eyes of Classical Greek philosophy and tragedy, the School of Collectivists, and contemporary thinkers. The extant literature sees restorative justice either as alternative punishment or an alternative to punishment. This chapter puts forward the notion of restorative punishment by deconstructing the concept of pain, and by reconstructing a new vision through the notion of catharsis. The chapter then takes a bold step in proposing (...) a philosophical framework to justify the normative thinking underpinning its proposed concept of restorative punishment and pain. (shrink)

This article was developed as part of the forthcoming special issue on "Reparations" for the Journal of Social Philosophy and was accepted (with minor revisions) by the guest editors Christina Nick and Susan Stark in November 2021. The special issue article is available online open access for early view. -/- Abstract: The United Nations Commission on Human Rights acknowledges the Right to Know as part of state obligations to combat impunity and thereby protect and promote human rights in the aftermath (...) of “serious crimes under international law”. In light of such an institutionally acknowledged epistemic right of victims, this paper explores the normative foundations of the idea of epistemic reparation in the aftermath of genocide. I argue that such epistemic reparation requires not only fulfilment of the informational needs of victims, survivors and descendants, including access to knowledge about the violations. By taking into account epistemic injuries, which are part and parcel of genocide, it ought to also re-establish victims’ epistemic standing. This is because genocide is enabled, justified and even prescribed through a genocidal epistemology involving the propagation of falsehoods and misinformation about social reality as well as abuses of epistemic authority and epistemic authoritarianism. Hence, epistemic reparation ought to correct the dysfunctional epistemic practices that underlie and sustain a genocidal epistemology. It thereby provides victims, survivors and descendants with epistemic recognition that has been systematically withdrawn from them, making epistemic reparation a crucial element of restorative justice. (shrink)

This article offers a conceptual framework for discussing the role of envy within processes of transitional justice. Transitional justice importantly includes the transformation of intergroup dynamics of interaction in the aftermath of societal conflicts and upheavals. Such transformation aims to realise “interactive” justice in transitional justice by reshaping belief and value systems, and by moulding emotional responses between the involved parties. A nuanced understanding of the emotions at play in intergroup antagonistic dynamics of interaction is thus (...) essential to transitional justice. Among the many emotions that we could address in such scenarios, we target envy. Envy, in its various forms, features prominently in many societal conflicts and upheavals, and has, therefore, the potential to undermine or, conversely, support just intergroup interactions. However, the ambivalent role of this emotion has been scantly analysed in the philosophical literature on transitional justice. We make a start on filling this lacuna by developing a conceptual framework which is necessary to appreciate how envy and its varieties are epistemically and practically relevant to realising interactive justice in transitional justice processes. (shrink)

This book looks at what it means to be wronged, and why we react to wrongdoing in ways that can cause us more suffering and pain. An alternative approach called 'restorative justice' is proposed as a safe and effective way of avoiding these reactions whilst honouring our values and our common humanity.

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, (...) because it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare. We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unable to provide such reasons and such care. This is because of a central feature (...) in Daniels' account, namely that care should be provided to restore people's opportunities. Daniels' view is both unable to provide pain relief to those who need it as a supplement to treatment and, without justice-based reasons to provide palliative care to those whose opportunities cannot be restored. We conclude that this makes Daniels' framework much less attractive. (shrink)

"An eye for an eye will make the whole world blind." This quote, often attributed to Gandhi, suggests the illegitimacy of the retributive urge. On the other hand, many feel a strong intuitive sense that "justice must be served" and that violators of justice must be fittingly punished. In this paper I examine the urge for retributive justice and argue that, at its base, it is rooted in a profound desire to have a wrongdoer see the nature (...) of his or her wrongdoing, with the ultimate aim of inducing the repentance and reformation needed for a genuine healing of relationship. In this way, the urge for retributive justice may be seen as having, as its true end, the restoration of wholesome relations between wrongdoer and wronged. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of (...) Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

Religion and culture are interwoven and this can be seen among the Oron people in their use of the shrine as a socio-cultural and ethical institution. The shrine is an embodiment and the symbol of the very traditional religion of the people. As such, the shrine serves as a medium through which the norms, values, ethics, taboos, and morals are taught and enforced. There is also a great relationship between religion and justice as the shrine (Afi/Obio) as an ethical (...) institution serves as a tribunal of justice by the deities, divinities, and ancestors under the guidance and administration of the priest in tackling and resolving criminal activities, disputes as well as restoring social order and justice in Oron traditional society. The Oron Afi/Obio (Shrine) method of administering justice is beyond the Empirical application of the modern judiciary system that relies on physical facts and shreds of evidence, while the shrine, also, uses spiritual methods that involve Oath taking, incantation and necromancy. Globalization rather than modifying the lapses and loopholes of this system in the parlance of morality, ethics, and health has led to its abolition and break down. This work adopts the qualitative method. This work as primary research uses the conflict theory, phenomenological and Historical method. It identifies globalization as a threat to the traditional justice system and recommends that the shrine is a multi-faceted institution whose function can be adopted and applied to the Nigerian legal system where there is no or little evidence and oath swearing for politicians in our contemporary society. (shrink)

While anthropogenic species extinctions can be considered morally problematic for a range of reasons, they can also be described as a problem of interspecies justice. That is the focus of this paper in which we argue that human-caused species extinctions can be integrated within a non-anthropocentric account of reparative justice that is significantly similar to how reparation is understood within political theory at large. An account such as this faces a series of difficulties, such as how to make (...) right past injustices against victims that do not exist any longer and which belonged to species now extinct. For that purpose, we offer an argument in favour of symbolic forms of reparation in the form of, amongst other things, the preservation and restoration of habitat to materially repair the interspecies justice relationship; as well as monuments and education to honour the nonhuman dead. (shrink)

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural (...) law and justice of actions – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (shrink)

There are strong moral reasons to acknowledge that third parties can have the standing to forgive. Third-party refusals to forgive can reinforce the moral agency and value of women and disrupt the gendering of forgiveness. Third-party forgiveness can also be crucial for restorative justice aims, like recognizing the value of wrongdoers. Lastly, many victim-only accounts of forgiveness are problematic and utilize an individualistic conception of the self that reinforces the logic of misogyny. Victim-only accounts of forgiveness can also (...) restrict focus to the victim's suffering, thereby neglecting the importance of healing and the relevance of third-party forgiveness for facilitating healing. (shrink)

Luck egalitarianism provides one powerful way of defending global egalitarianism. The basic luck egalitarian idea that persons ought not to be disadvantaged compared to others on account of his or her bad luck seems to extend naturally to the global arena, where random factors such as persons’ place of birth and the natural distribution of the world’s resources do affect differentially their life chances. Yet luck egalitarianism as an ideal, as well as its global application, has come under severe criticisms (...) in recent debate. My aim in this article is to restore plausibility to the luck egalitarian idea, and to suggest how it could then provide a plausible grounding for global egalitarianism. To do this, I will propose a more modest but also more defensible conception of luck egalitarianism that can also strengthen the case for global distributive justice. (shrink)

In this study, I demonstrated that there is a corporate social contract between firms and their host communities. The implication is that the idea of the social contract places corporate social responsibility (CSR) on a conditional pivot, whereby the host communities have to fulfil their own side of the contract in order to merit CSR projects. I examined the implication of the social contract for corrupt and unaccountable host communities. I based my analysis on two philosophical frameworks, namely: one, Constructive (...) Approach CSR (CA-CSR), and two, Restorative Approach CSR (RA-CSR). CA-CSR is hinged on the deontological and utilitarian moral frameworks, while RA-CSR is based on the restorative justice framework. Further, I developed ‘CSR Calculus’ (V = f1+n + K) to determine the value of CSR-due for a host community, in response to Milton Friedman questions of arbitrariness in the formulation of CSR projects. I also demonstrated how the CSR Calculus can be applied to determine the value of CSR owed communities by Micro, Small and Medium scale Enterprises (MSMEs). Finally, I used the ethic ‘leave a better community’ derived from the Annang proverb – Assidsip ye Akwot-kwot ete yak mfin ami afon akan mkpong (Assidsip and Akwot-kwot say make today better than yesterday) to signpost the corporate social contract and demonstrated why it is essential for every firm to commission and decommission its operations in socially responsible manner such that it can bequeath a better future society. (shrink)

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes (...) punitive disavowal but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)

Local food initiatives are steadily becoming a part of contemporary cities around the world and can take on many forms. While some of these initiatives are concerned with providing consumers with farm-fresh produce, a growing portion are concerned with increasing the food sovereignty of marginalized urban communities. This chapter provides an analysis of urban contexts with the aim of identifying conceptual barriers that may act as roadblocks to achieving food sovereignty in cities. Specifically, this paper argues that taken for granted (...) commitments created during the birth of the modern city could act as conceptual barriers for the implementation of food sovereignty programs and that urban food activists and programs that challenge these barriers are helping to achieve the goal of restoring food sovereignty to local communities, no matter their reasons for doing so. At the very least, understanding the complexities of these barriers and how they operate helps to strengthen ties between urban food projects, provides these initiatives with ways to undermine common arguments used to support restrictive ordinances and policies, and illustrates the transformative potential of food sovereignty movements. (shrink)

Ambedkar denounced caste system for violating the respect and dignity of the individual; yet his critique of caste-ridden society also foregrounds the limits of the theory and practice of citizenship and liberal politics in India. Since membership of a caste group was not a voluntary choice, but determined by birth and hence a coercive association, the liberal view of the self as a totally unencumbered and radically free subject seemed plagued with difficulties. Though the nation state envisages a political community (...) co-extensive with one cultural community, it need not, Ambedkar argued, necessarily lead to abolition of discriminatory caste practices in civil society. To restore the cultural rights of stigmatised populations, unredeemed by the nation state, propelled Ambedkar to seek solution in B. (shrink)

Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses (...) that avoidably stigmatise students impermissibly undermine both the developmental ethos of education, and students’ recognition and respect for each other as equals. (shrink)

The main thesis of this paper is that justice is not a natural law that (re)establishes equilibrium and order in the universe, but a disposition enforced by a fighting will to render to every man his due in line with a regime of rights, powers, or immunities to use, enjoy and control some external goods. Inasmuch as there is no sense, feeling or instinct of justice, it is reasonable to assert that people regulate their conduct under the authority (...) of a legislative authority according to certain ideas of justice, which they adopt and promote through a steady effort of knowledge and will. Critical analysis of the main types of justice − associative justice, punitive justice, corrective justice, restorative justice, functional justice, normative justice, commutative justice and distributive justice − from a liberal democratic perspective highlights the formal requirements of justice in different social arrangements and in relation to various aspects of personal and social life. Because it lacks a natural foundation of justice and people have strong interests in enforcing a certain idea of justice, public debates about justice entail a clash of militant wills. Debaters engage in a struggle for political hegemony trying to exclude from the public sphere the rival ideas about justice. In other words, all substantive debates about justice are carried out in an agonistic public sphere. The more civilized and reasonable the agonistic debates about justice are, the more likely the idea of justice is to fit the vital interests of individuals and society. (shrink)

Retributive theories of punishment hold that moral desert is a necessary and sufficient condition for punishment. This principle has been justified in light of rectifying a 'balance of justice' upset by wrongdoing. Many opposed to retributivism, such as Nussbaum, have argued such a ‘balance’ is nothing more than ‘magical’ thinking and retributivism is, in fact, positively harmful. On the contrary, I will argue that there is a compelling way to make sense of that intuition. The Chinese Neo-Confucian tradition and (...) medieval Latin theologian Thomas Aquinas hold that moral wrongs upset a normative order of relationships and, in this respect, disrupt the order that ought to exist in the human community. Despite criticisms that retributivism about punishment requires outlandish metaphysical assumptions, I therefore propose the theory remains plausible without any such appeal. (shrink)

This essay articulates and defends Aristotle’s argument in Politics 7.4 that there is a rational limit to the size of the political community. Aristotle argues that size can negatively affect the ability of an organized being to attain its proper end. After examining the metaphysical grounds for this principle in both natural beings and artifacts, we defend Aristotle’s extension of the principle to the polis. He argues that the state is in the relevant sense an organism, one whose primary end (...) is to make good reasons available to individuals and promote them as choiceworthy. The size of a polis can affect its ability to perform this function, since growth promotes anonymity among citizens, which in turn frustrates the familiarity between citizens required for the exercise of distributive and restorative justice as well as political prudence. This paper suggests several ways in which Aristotle’s argument, if sound, is important for contemporary issues in moral psychology, Ralwsian political philosophy, and big data analytics. (shrink)

Incarceration is a hurdle for The State, the perpetrator‘s family, society in general, the victim, and the perpetrator themselves. Laws, regulations, and rules are as relative, and fragile as their associated human group intended them to be, and it is frequently the case that they change so completely from one location to another that one can be regarded as a hero in one place, and most unacceptable perpetrator in another for practicing the same acts. It is time for a change: (...) community justice centers are a good start - especially if one considers their court intervention programs –because they align with the concept of restorative justice, and form a natural step toward incarceration zero, which has to be human kind‘s goal. (shrink)

I explore how agent-regret and its object—faultlessly harming someone—can call for various responses. I look at two sorts of responses. Firstly, I explore responses that respect the agent’s role as an agent. This revolves around a feature of “it was just an accident”—a common response to agent-regret—that has largely gone ignored in the literature: that it can downplay one’s role as an agent. I argue that we need to take seriously the fact that those who have caused harms are genuine (...) agents, to ignore this fails to allow these agents to move on. Secondly, following Sussman and MacKenzie, I explore responses that benefit the victim. I argue that we should strive to understand how to configure these responses in a way that does not blame the agent. To do this I look at the role of actions in our self-understanding, as people who have done particular things. I end by briefly considering the ways in which tort law and restorative justice might help us to understand how to appropriately respond to accidentally harming someone. I urge that we need to take this as a starting point to find a better way to respond to the agents of faultless harms. (shrink)

English title: The Right to be Punished: On Kant and Hegel's theories of punishment as respect for the criminal -/- The article discusses Kant and Hegel's theories of punishment in light of their broader legal philosophies. The purpose of punishment, and law in general, is to secure mutual freedom and mutual recognition. Punishment is a way of expressing respect for the freedom of the criminal, as well as the freedom of victims and all members of society. Though it might seem (...) odd that imprisoning somebody means respecting their freedom, Hegel famously insists that punishment is a right for the criminal. The article explains how punishment may respect mutual freedom, and defends the claim that this is a necessary condition for just punishment. However, the purpose of re-establishing mutual freedom may possibly be achieved by other methods than punishment. The article discusses the potential of restorative justice processes for expressing the kind of mutual recognition that Hegel ascribes to punishment. Punishment is therefore not necessary for achieving the just purpose that Kant and Hegel ascribe to it. We may thus accept the Kantian-Hegelian framework for the just sanctioning of crime while challenging their more controversial claim that punishment is a categorical imperative. (shrink)

This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I will then argue that we should not ignore (...) the so-called “whom-question”, i.e. “To whom should we justify the system of punishment?” I identify three distinct chronological stages to address this problem, namely, “the Harm Stage”, “the Blame Stage”, and “the Danger Stage”. I will also identify four problems arising from specific kinds of uncertainties present in current death penalty debates: (1) uncertainty in harm, (2) uncertainty in blame, (3) uncertainty in rights, and (4) uncertainty in causal consequences. In the course of examining these four problems, I will propose an ‘impossibilist’ position towards the death penalty, according to which the notion of the death penalty is inherently contradictory. Finally, I will suggest that it may be possible to apply this philosophical perspective to the justice system more broadly, in particular to the maximalist approach to restorative justice. (shrink)

In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

Philosophy Compass, Volume 17, Issue 5, May 2022.

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

In this article, I argue that the kind of suffering that prisons impose upon people who are incarcerated disregards their uniqueness and fails to meet their basic needs in a manner which violates their dignity and worth as human beings. Hence, the prison, as an institution, cannot be morally justified. But since the imposition of this kind of suffering is an integral element of a prison’s central function, it follows that a 'Correctional Ethic' is effectively an oxymoron, not dissimilar to (...) an 'Ethic for Slave-masters'. (shrink)

In this article, I argue that guilt and shame are not distinctive emotions. Instead, guilt is best seen as a kind of shame. I present three reasons for this view: First, guilt cannot merely arise as a consequence of how we evaluate our behaviour, since how we act implicates the whole self. Second, guilt cannot be relieved by taking responsibility, apologising and making amends unless it is a kind of shame. Third, the empirical research that seems to show that ‘shame’ (...) and ‘guilt’ are distinct can be explained by re-interpreting the data. (shrink)