Justice

For conversation here, I want to speak to two forms of justice: retributive and restorative. The first form of justice is grounded in fear, whether personal / private or communal. The bottom line of retributive justice is to seek out the offender and remove him or her from society that “I may feel secure.”

 

The second form of justice seeks to restore to its rightful place the humanity (human dignity) of both the victim and the offender. This is not to get the offender of the hook. The offender has to acknowledge wrongdoing and make restitution towards the victim. Restorative justice is an act of love for every human person involved and works to over come the fear that turns into anger, which ultimately gives birth to hatred.

 

What if those involved do not desire to be restored, you may ask, or in the face of the facts and truth do not feel responsible? What if those with diminished humanity do not want to be restored? Then restorative justice ensures that parties are protected from themselves as well as the community. In either case, justice must pursue a path that restores and redeems the human person as well as the community. Restorative justice does not mean or demand a return to previous relationship as if nothing has happened.

 

Two examples of restorative justice:

 

1. Current analysts and policy makers in our American prison system base our nation’s future prison requirements on the level of illiteracy at the third grade level; for example, for every third grader today who are not able to read at the third grade level will likely end up in prison by age eighteen. Acts of restorative justice would focus on improving the literacy level for all third graders.
2. The end of Apartheid in South Africa without a civil war between black and white South Africans is a tribute to black South African leadership’s desire to embrace the human dignity of all. This did not preclude the need to hold persons who committed atrocities accountable for their actions. In all cases attempts where made to restore the human dignity of offenders and victims.

 

Bottom line: There are two forms of justice, one where people get what they deserve (retributive) and one where people get what they need (restorative).