Is restorative justice sufficiently transformative?\u00a0 Should the term be \u201ctransformative\u201d rather than \u201crestorative\u201d justice?\u00a0 Are they different phenomena or are they one and the same?<\/p>\n
This debate has been ongoing since the origin of the field.\u00a0 When trying to decide on a term in the 1980s, I considered the word transformative but rejected it as too ephemeral to communicate with real-world practitioners. But the term restorative, with its backward-looking connotations, has certainly had its limits.<\/p>\n
Ruth Morris raised this issue frequently.\u00a0 She argued that both in concept and practice, restorative justice has been too limited.\u00a0 Bonnie Price Lofton, in her contribution to Critical\u00a0 Issues in Restorative Justice<\/em>, made this argument as well.\u00a0 Restorative justice may be too backward-looking, seeking to restore something that is unattainable, undesirable or never existed. Like the criminal justice system itself, it may focus too narrowly on putting a band-aid on interpersonal relationships while neglecting underlying causes such as structural injustices.<\/p>\n Others have argued that restorative justice does indeed seek to transform unhealthy relationships and does pave the way for a larger social transformation.<\/p>\n The best piece I\u2019ve seen that explores the relationship between these two terms is by M. Kay Harris in her chapter entitled \u201cTransformative Justice:\u00a0 the transformation of restorative justice\u201d in The Handbook of Restorative Justice<\/em> edited by Dennis Sullivan and Larry Tift.\u00a0 Harris outlines four different perspectives that have been advocated in this debate:<\/p>\n Personally, I would hope that #4 is true \u2013 that they really are the same thing \u2013 but I also know that in practice, this often is not the case.\u00a0 Thus positions 2-3 have validity. My own interest is not in staking out a position but rather in urging the field to be as transformative as possible.\u00a0 I am encouraged by the numerous examples people have shared with me of personal and interpersonal transformation through restorative justice.\u00a0 And, while restorative justice often seems to create awareness<\/em> of larger social issues, unfortunately I hear fewer stories of true social transformation.<\/p>\n While I am least comfortable with position No. 1 \u2013 that they are quite different – I do find it useful to use this perspective for pedagogical purposes.\u00a0 As a class or training exercise, it is often enlightening to provide a case study, then divide participants into three groups.\u00a0 Each group is assigned to approach the case using one of the following three perspectives:<\/p>\n The incident is a violation of the policies, defined by rule breaking.\u00a0 Resolution involves looking at the incident, determining blame, and administering the consequences.<\/p>\n The incident is a violation of people and relationships.\u00a0 It creates obligations to make things right.\u00a0 Resolution involves looking at the harm caused by the incident:\u00a0 harm to the person(s) who were victimized, harm to the instigator\/aggressor(s), and harm to the larger community and asks \u201cHow can this harm be repaired?\u201d<\/p>\n The incident may have occurred as a result, in part, of unhealthy relationships and social systems.\u00a0 It creates obligations to build new or better relationships. This must happen not only at an individual level but at the level of social structures and institutional policies.\u00a0 Resolution involves changing wider social systems in ways that help to prevent the occurrence and re-occurrence of harmful incidents.<\/p>\n Usually the first group, \u201cretributive justice,\u201d gets done first.\u00a0 The transformative group is often last.\u00a0 This in itself leads to interesting discussions.<\/p>\n This exercise, which is adapted from a series of exercises designed by CJP graduate Dave Dyck<\/a>, somewhat arbitrarily differentiates between the three perspectives but it can lead to interesting conversations about the relationships between them.<\/p>\n","protected":false},"excerpt":{"rendered":" Is restorative justice sufficiently transformative?\u00a0 Should the term be \u201ctransformative\u201d rather than \u201crestorative\u201d justice?\u00a0 Are they different phenomena or are they one and the same? This debate has been ongoing since the origin of the field.\u00a0 When trying to decide on a term in the 1980s, I considered the word transformative but rejected it as....<\/p>\n
I. Retributive Approach<\/h4>\n
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II. Restorative Approach<\/h4>\n
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III. Transformative Approach<\/h4>\n
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