Attacking Punitive Retribution at Its Heart – A Restorative Justice Thrust
Theo van Willigenburg, E.A.J.G. van der Borght
Abstract
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Theo van Willigenburg, E.A.J.G. van der Borght
Abstract
Open-access reader
Abstract Restorative justice, aimed at restoring human relations instead of just punishing offenders, is often defended with reference to biblical values like reconciliation, forgiveness, and mercy. Advocates of retributivism, which is the philosophy that underlies the practice of punishing perpetrators with the sole goal of inflicting hardship on them, regularly ridicule such defenses. In response we will not directly defend restorative justice, but critically inquire in the main theoretical arguments with which advocates of retributivism seek to rationalize their view. We point out the weaknesses of these arguments and why we believe that restorative procedures can do much better in serving the goals of (criminal) justice.
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Abstract Restorative justice, aimed at restoring human relations instead of just punishing offenders, is often defended with reference to biblical values like reconciliation, forgiveness, and mercy. Advocates of retributivism, which is the philosophy that underlies the practice of punishing perpetrators with the sole goal of inflicting hardship on them, regularly ridicule such defenses. In response we will not directly defend restorative justice, but critically inquire in the main theoretical arguments with which advocates of retributivism seek to rationalize their view. We point out the weaknesses of these arguments and why we believe that restorative procedures can do much better in serving the goals of (criminal) justice.
Key concepts: Retributive justice, Restorative justice, Punitive damages, Forgiveness, Criminology, Economic Justice, Punishment (psychology), Criminal justice