{"id":1398,"date":"2013-10-23T10:14:16","date_gmt":"2013-10-23T15:14:16","guid":{"rendered":"http:\/\/emu.edu\/now\/restorative-justice\/?p=1398"},"modified":"2014-04-16T13:41:25","modified_gmt":"2014-04-16T18:41:25","slug":"restorative-justice-and-the-gandhian-tradition","status":"publish","type":"post","link":"https:\/\/emu.edu\/now\/restorative-justice\/2013\/10\/23\/restorative-justice-and-the-gandhian-tradition\/","title":{"rendered":"Restorative justice and the Gandhian tradition"},"content":{"rendered":"

I recently had occasion to reflect on some of the points of resonance between restorative justice and the Gandhian tradition.\u00a0 I am particularly grateful for the help of my friend Sujatha Baliga in this.<\/em><\/p>\n

As a Mennonite, I grew up in a family and a tradition of nonviolence and peacemaking, and knew something of Gandhi.\u00a0 However, it was as a student at Morehouse College, during the civil rights era, that I engaged more deeply.\u00a0 It was there that my understanding of the Gandhian tradition was mediated through the work and example of Dr. Martin Luther King Jr. (whom I had the privilege to meet), Dr. Vincent Harding (a long-time influence on my life), my professors and the civil rights activists with whom I came in contact.<\/p>\n

Many observers (and not only those within what has been called the \u201cpeacemaking criminology\u201d tradition) have noted that our criminal justice system is based on, and enforced by, violence or the threat of violence.\u00a0 Political scientists often point out that the basis of the modern state is the \u201clegitimate monopoly on violence.\u201d The criminal justice system is a major player in enacting and expressing this:\u00a0 \u201cYou\u2019ve harmed us, so we will harm you.\u201d<\/p>\n

Quinny and Wildeman, in their book The Problem of Punishment,<\/i> note that from its beginning in the 18th<\/sup> century Enlightenment, the primary focus of criminology has been on retribution and punishment: \u201cHistorically, the focal concerns of western criminology have not centered on the themes of personal peace and social justice\u2026. We have had a reactionary criminology of violence and repression in the defense of an existing social order rather than a criminology of peace, justice and liberation.\u201d<\/p>\n

Thanks to Sujatha, I will focus my observations around three words associated with Gandhi:<\/p>\n

1. \u00a0Ahimsa<\/i>, often translated as \u201cnonviolence,\u201d should not be a negative.\u00a0 Rather, it refers to positive action grounded in a worldview of respect for one another, a vision of how we live together.\u00a0 Likewise, restorative justice is based on respect.\u00a0 It too represents positive actions of caring for one another, for our needs, and our relationships.\u00a0 It reflects a vision of how we live together, steeped in values such as respect, responsibility and relationship.<\/p>\n

In my religious tradition, it is expressed in what I call the \u201cShalom triangle\u201d \u2013 a reminder that we are called to live in right relationship with each other, with the Creation and the Creator.<\/p>\n

2. \u00a0Swaraj <\/i>refers to the concept of self-rule.\u00a0 The Gandhian movement emphasized self governance, both personally and socially.\u00a0 Similarly, restorative justice argues that individuals and communities have the potential and the resources to govern themselves.\u00a0 In its practices, it encourages both individuals and communities to call upon their best selves.\u00a0 Restorative justice is, or should be, about helping individuals and communities develop their capacity for self-governance.<\/p>\n

3. \u00a0Satyayraha<\/i>, probably the best-known of these terms, is often translated as nonviolent resistance. However, it is better translated as \u201ctruth force,\u201d or action through truth.\u00a0 Like ahimsa<\/i>, it is a positive, not a negative.\u00a0 Restorative justice too represents encouragement toward truth-telling and truth-seeking.\u00a0 While the criminal justice system, and our disciplinary policies generally, often discourage a holistic telling of the truth, restorative justice encourages it.<\/p>\n

I will end with three quotes attributed to Gandhi.<\/p>\n

1. \u00a0The first is well known:\u00a0 \u201cAn eye for an eye makes the whole world blind\u201d \u2013 a critique of revenge and retribution.<\/p>\n

2. \u00a0\u201cBe the change you wish to see.\u201d\u00a0 It is not clear that Gandhi said exactly that, but he did say something similar:<\/p>\n

\u201cIf we could change ourselves, the tendencies in the world would also change. As a man changes his own nature, so does the attitude of the world change towards him. \u2026 We need not wait to see what others do.\u201d[1]<\/a><\/i><\/p>\n

We see this happening in restorative justice conferences and circles.\u00a0 Restorative justice asks us to be this change – to live it, practice it \u2013 as practitioners and as participants.\u00a0 Many argue that restorative justice represents a way of life.<\/p>\n

3. \u00a0\u201cThat action alone is just which does not harm either party to a dispute.\u201d\u00a0 This, like restorative justice, represents a direct challenge to the prevailing criminology of violence.<\/p>\n

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[1]<\/a> Mohandas K. Gandhi,\u00a0The Collected Works of Mahatma Gandhi\u00a0<\/i>, vol. 19 (Delhi: Government of India, Ministry of Information and Broadcasting, Publications Division, 1958), 233; quoted in Erik Erikson,\u00a0Gandhi’s Truth: On the Origins of Militant Nonviolence\u00a0<\/i>(New York: W. W. Norton, 1969), 342.<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

I recently had occasion to reflect on some of the points of resonance between restorative justice and the Gandhian tradition.\u00a0 I am particularly grateful for the help of my friend Sujatha Baliga in this. As a Mennonite, I grew up in a family and a tradition of nonviolence and peacemaking, and knew something of Gandhi.\u00a0....<\/p>

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