RESTORATIVE JUSTICE
I. Definition
It seeks to bring together the affected parties, including victims, offenders,
and the community, to collectively find solutions that promote healing and
accountability. This approach emphasizes dialogue, understanding, and
mutual agreement to address the needs of all involved, aiming to restore
relationships and foster a sense of justice.
II. Origin
Restorative justice has roots in indigenous cultures around the world,
where community-based conflict resolution was common. Many societies
used practices like peacemaking circles or mediation to resolve disputes
and maintain harmony.
Modern restorative justice began gaining attention in the 1970s as an
alternative to traditional legal systems. Scholars and practitioners sought to
address the limitations of punitive approaches and revive methods that
focused on healing and community involvement.
Today, restorative justice is recognized globally and integrated into various
legal and educational systems.
III. Characteristics
One key characteristic of restorative justice is its emphasis on inclusion.
Unlike traditional systems that often isolate offenders, restorative justice
involves all stakeholders in the resolution process. Victims are given a
voice to express their experiences and needs, while offenders take
responsibility for their actions.
Another defining feature is its focus on dialogue. Restorative justice
encourages open communication between the affected parties, often
through facilitated meetings. This dialogue fosters empathy and
understanding, which are essential for meaningful resolution.
Additionally, restorative justice prioritizes accountability and reparation.
Offenders are encouraged to acknowledge their wrongdoing and actively
work to repair the harm caused. This may include apologies, restitution, or
community service, depending on the agreement reached by all parties.
IV. Examples of Restorative Justice
a. Victim-Offender Mediation
In this process, a trained mediator facilitates a meeting between
the victim and the offender, allowing them to discuss the impact of the
crime and agree on steps for restitution.
b. Community Conferencing
This approach involves a broader group including community
members, who come together to address the harm caused by the
offense and decide on appropriate actions to repair it. This is often used
in schools and in neighborhoods.
c. Restorative Justice Circles
In this approach, participants sit in a circle and take turns
speaking, guided by a facilitator. This format is often used to address
conflicts in workplaces, schools, or small communities, creating a space
for equal participation and mutual respect.
V. Comparison to Other Forms of Justice
1. Restorative justice differs significantly from retributive justice, which
focuses on punishment. In retributive systems, the primary goal is to
impose penalties on the offender, often through fines, imprisonment,
or other forms of punishment. In contrast, restorative justice aims to
repair harm and rebuild relationships, emphasizing healing over
retribution.
2. Another comparison can be made with distributive justice, which
centers on fairness in the allocation of resources or opportunities.
While distributive justice addresses systematic inequalities,
restorative justice focuses on resolving specific instances of harm
and conflict, often at an interpersonal level.
3. Restorative justice also differs from procedural justice, which
emphasizes fairness in the legal process itself. Procedural justice
ensures that laws are applied consistently and that individuals
receive fair treatment. Restorative justice, however, goes beyond
procedural fairness to address emotional and relational aspects of
wrongdoing, providing a more holistic resolution.
