Restorative Justice Notes
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Questions and Answers

What is restorative justice?

Restorative justice is a way to resolve conflicts in a non-violent participatory and deliberative way.

What are the key issues that restorative justice addresses?

  • Discrimination and segregation
  • Inequality and unfair economic distribution
  • Aspiration for peace and justice (correct)
  • Conflict and violence (correct)

    • Retribution is a dominant model of justice in the theory of retributive justice.

    True

    According to retributive justice, the response to evil is ___.

    <p>evil in return</p> Signup and view all the answers

    What is the aim of general prevention in the context of justice?

    <p>to prevent wrongdoing in the first place by addressing the general population before any offense is committed</p> Signup and view all the answers

    Which concept is deterrence grounded on?

    <p>Fear and coercion</p> Signup and view all the answers

    Restorative justice is based on consent and participation.

    <p>True</p> Signup and view all the answers

    The __________ outcome includes responses such as reparation, restitution, and community service.

    <p>restorative</p> Signup and view all the answers

    What are the core features of Restorative Justice (RJ)?

    <p>Dialogue</p> Signup and view all the answers

    Restorative Justice is centered on force, coercion, and enforcement.

    <p>False</p> Signup and view all the answers

    Who is considered a political scientist and supporter of Restorative Justice from the USA?

    <p>Albert Dzur</p> Signup and view all the answers

    Responsive Regulation is a flexible and dynamic ____________ system.

    <p>regulatory</p> Signup and view all the answers

    According to the content, legitimacy in sociology and criminology depends on which of the following?

    <p>Democracy and procedural fairness</p> Signup and view all the answers

    What are the three ways of conflict resolution mentioned in the content?

    <p>Judicial/Adversarial Litigation, Negotiated settlements, Restorative Justice</p> Signup and view all the answers

    In judicial/adversarial litigation, the decision-making process involves judgment according to the law.

    <p>True</p> Signup and view all the answers

    In the judicial/adversarial litigation model, the role of the third party is to issue the ________.

    <p>judgment</p> Signup and view all the answers

    What is the core of Restorative Justice?

    <p>voluntary participation and engagement in an encounter</p> Signup and view all the answers

    What is the main difference between negotiations and RJ?

    <p>Outcome-oriented vs. Recognition and transformation</p> Signup and view all the answers

    In Restorative Justice, mediators have the power to judge and issue punishments.

    <p>False</p> Signup and view all the answers

    In restorative processes, the offenders are not the law breakers but the ones responsible for causing __________.

    <p>harms</p> Signup and view all the answers

    Match the following conflict resolution methods with their characteristics:

    <p>Judicial adversarial litigations = Grounded on authority and enforcement Negotiated settlements = Domain of compromise and reciprocal concession Restorative Justice = Justice of encounter and dialogue</p> Signup and view all the answers

    What does RJ stand for in the context of the text?

    <p>Restorative Justice</p> Signup and view all the answers

    What is the main difference between mediation and restorative justice according to the text?

    <p>Mediation involves only the victim and offender, while restorative justice can involve entire communities.</p> Signup and view all the answers

    Restorative justice must always involve the direct meeting between the victim and offender.

    <p>False</p> Signup and view all the answers

    Why are negotiated settlements less preferable than RJ in a responsive regulatory system?

    <p>RJ is much more than negotiations in terms of commitments and engagement, favoring forward-looking win-win actions for all parties involved.</p> Signup and view all the answers

    What stands at the basis of the responsive regulation pyramid according to the text?

    <p>RJ</p> Signup and view all the answers

    RJ primarily focuses on negotiating solutions in a self-centered manner.

    <p>False</p> Signup and view all the answers

    Negotiations stand in the second position of the responsive regulation pyramid in case of disposable and ____________.

    <p>interest</p> Signup and view all the answers

    What is the main focus of the documentary 'Circle Up'?

    <p>Transforming grief into healing for those affected by trauma.</p> Signup and view all the answers

    Which legal instruments view Restorative Justice (RJ) as an instrument mainly for criminal matters?

    <p>All of the above</p> Signup and view all the answers

    Restorative outcome means an agreement reached as a result of a restorative process and includes responses and programs such as reparation, restitution, and __________ service.

    <p>community</p> Signup and view all the answers

    The Council of Europe 2018 Recommendation concerning restorative justice uses stigmatizing terms such as 'victims' and 'offenders'.

    <p>False</p> Signup and view all the answers

    What is the primary presumption when dealing with conflict according to the pyramid concept?

    <p>Start at the base of the pyramid</p> Signup and view all the answers

    Punishment is considered a last resort and is only used reluctantly after other measures fail.

    <p>True</p> Signup and view all the answers

    According to Braithwaite, what is the goal of Restorative Justice (RJ)?

    <p>building voluntary commitment and voluntary desistance from crime</p> Signup and view all the answers

    Responsive Regulation is employed when obligations are not being ________.

    <p>honored</p> Signup and view all the answers

    Match the innovative features of restorative justice with their descriptions:

    <p>Rule of conduct = Demand voluntary compliance Deliberative regulation = Issued after participatory processes Persuasion = Fundamental for participation in compliance Positive 'active' sanctions = Based on voluntary compliance after non-compliance</p> Signup and view all the answers

    What are the main questions asked in the frame of Restorative/Responsive justice?

    <p>What is the harm?</p> Signup and view all the answers

    What are the characteristics of the Australian regulatory approach?

    <p>Proportional, consistent, transparent, targeted, and timely</p> Signup and view all the answers

    What is the primary objective of restorative responsive justice?

    <p>To persuade and rely on voluntary compliance</p> Signup and view all the answers

    What is the principle that guides the responsive regulation approach?

    <p>Dialogue and persuasion come first</p> Signup and view all the answers

    What is the basis of legitimacy in the context of restorative justice?

    <p>Perception of fairness and justice</p> Signup and view all the answers

    What is the main difference between responsive regulation and traditional justice systems?

    <p>Responsive regulation focuses on dialogue and persuasion, while traditional justice systems focus on punishment and coercion</p> Signup and view all the answers

    What is the goal of the new model of justice proposed?

    <p>To move towards democracy, public ownership, and responsibility taking</p> Signup and view all the answers

    What is the key characteristic of restorative responsive justice?

    <p>Inner coherence and respect for all parties</p> Signup and view all the answers

    What is the primary focus of restorative justice?

    <p>Fostering participatory responses and well-being of people and communities</p> Signup and view all the answers

    What is the main limitation of traditional justice systems?

    <p>They rely too heavily on passive methods of punishment</p> Signup and view all the answers

    What is the main advantage of responsive regulation over traditional justice systems?

    <p>It is more flexible and dynamic, and can adjust to diverse situations</p> Signup and view all the answers

    What is the role of fairness in restorative justice?

    <p>Fairness is a key principle of restorative justice</p> Signup and view all the answers

    What is the primary difference between obedience and compliance?

    <p>Obedience is related to fear, while compliance is related to fairness</p> Signup and view all the answers

    What is the role of the offender in traditional justice systems?

    <p>They are prevented from participating or collaborating due to passive punishment methods</p> Signup and view all the answers

    What is the primary focus of responsive regulation?

    <p>Voluntary compliance and dialogue</p> Signup and view all the answers

    What is the primary goal of restorative responsive justice?

    <p>To persuade and rehabilitate offenders</p> Signup and view all the answers

    What is the primary goal of Restorative Justice, according to the content?

    <p>Addressing the real needs of people and re-integrating victims and offenders</p> Signup and view all the answers

    What is the relationship between restorative justice and responsive regulation?

    <p>Restorative justice and responsive regulation are complementary approaches</p> Signup and view all the answers

    What is the main difference between Restorative Justice and Juspice?

    <p>Restorative Justice is based on voluntary encounter and dialogue, while Juspice is based on force and coercion</p> Signup and view all the answers

    What is NOT a core feature of Restorative Justice?

    <p>Deterrence</p> Signup and view all the answers

    What is the focus of Restorative Justice, according to the content?

    <p>Addressing the needs of victims and offenders, and reintegrating them into society</p> Signup and view all the answers

    What is the main criticism of legalistic and punitive systems of justice, according to the content?

    <p>They are too formalistic and abstract</p> Signup and view all the answers

    What is the role of the community in Restorative Justice, according to the content?

    <p>To participate in the restorative process, along with victims and offenders</p> Signup and view all the answers

    What is the nature of Restorative Justice processes, according to the content?

    <p>A struggle that addresses the real needs of people</p> Signup and view all the answers

    What is the main benefit of Restorative Justice, according to the content?

    <p>It addresses the real needs of people and reintegrates victims and offenders</p> Signup and view all the answers

    What is the primary goal of judicial and adversarial methods of conflict resolution?

    <p>To separate the innocent from the guilty</p> Signup and view all the answers

    What is the essential characteristic of the law in judicial and adversarial modes of conflict resolution?

    <p>It has authoritative dimension and is seen as obligations or commands</p> Signup and view all the answers

    What is the outcome of judicial and adversarial methods of conflict resolution?

    <p>A win or lose output</p> Signup and view all the answers

    Why are judicial and adversarial methods effective in resolving conflicts?

    <p>Because they use the power of the law to enforce decisions</p> Signup and view all the answers

    What is the role of the third party in judicial and adversarial litigation?

    <p>To issue a judgment according to the law</p> Signup and view all the answers

    What is the consequence of not following the rules in judicial and adversarial modes of conflict resolution?

    <p>The party is considered a lawbreaker</p> Signup and view all the answers

    Why are judicial and adversarial methods of conflict resolution effective in cases where conflicting parties are unable to talk to each other?

    <p>Because they use the power of the law to enforce decisions</p> Signup and view all the answers

    What can be a consequence of judicial and adversarial methods of conflict resolution for victims?

    <p>They may experience secondary victimization</p> Signup and view all the answers

    What is the primary decision-making process in the Judicial/Adversarial Litigation model?

    <p>Judgement according to the law</p> Signup and view all the answers

    What is the role of the third party in the Judicial/Adversarial Litigation model?

    <p>To issue a judgement according to the law</p> Signup and view all the answers

    What is the outcome of the decision-making process in the Judicial/Adversarial Litigation model?

    <p>A judgement according to the law</p> Signup and view all the answers

    What is the underlying principle of the Judicial/Adversarial Litigation model?

    <p>Authority, coercion, and enforcement</p> Signup and view all the answers

    What is the characteristic of the parties in the Judicial/Adversarial Litigation model?

    <p>Adversarial</p> Signup and view all the answers

    What is the primary focus of the Judicial/Adversarial Litigation model?

    <p>Determining guilt</p> Signup and view all the answers

    What is the role of authority in the Judicial/Adversarial Litigation model?

    <p>Significant</p> Signup and view all the answers

    What is the relationship between the parties and the law in the Judicial/Adversarial Litigation model?

    <p>The law determines the outcome</p> Signup and view all the answers

    What is the primary focus of ethics in the context of the interconnected world?

    <p>The inquiry into the good life and living with others</p> Signup and view all the answers

    What is the origin of the term 'ethics'?

    <p>Greek, meaning habit, custom, or character</p> Signup and view all the answers

    Who is considered one of the philosophers who changed our conception of philosophy?

    <p>Socrates</p> Signup and view all the answers

    What is the main distinction between ethics and morality?

    <p>Ethics and morality are interchangeable terms</p> Signup and view all the answers

    What is the implication of assuming that our lives are globally interconnected?

    <p>There is interdependence between courses of actions, with implications for human identity and justice</p> Signup and view all the answers

    What is the primary focus of philosophy?

    <p>The study of moral principles and values</p> Signup and view all the answers

    What is the role of ethics in the context of globalization?

    <p>To inquire into the moral principles and values of globalization</p> Signup and view all the answers

    What is the relationship between ethics and justice?

    <p>Ethics and justice are interconnected, with ethics forming the basis of justice</p> Signup and view all the answers

    What is the main focus of global ethics?

    <p>To understand ethical issues at the global level</p> Signup and view all the answers

    What is meant by 'global' in the context of global ethics?

    <p>A worldwide scale of commonality and interconnection</p> Signup and view all the answers

    What is the significance of the sense of commonality in global ethics?

    <p>It is a basis for human rights</p> Signup and view all the answers

    What is the relation between global ethics and the academic journal 'Journal of Global Ethics'?

    <p>The journal is a publication focused on global ethics</p> Signup and view all the answers

    How has global ethics developed over the past few decades?

    <p>It has emerged as a new and recognized area of study</p> Signup and view all the answers

    What is the significance of 2005 in the context of global ethics?

    <p>It marks the establishment of the Journal of Global Ethics</p> Signup and view all the answers

    What is the primary goal of global ethics?

    <p>To understand and address global ethical issues</p> Signup and view all the answers

    What is the relation between global ethics and the concept of human rights?

    <p>Global ethics is a basis for human rights</p> Signup and view all the answers

    What is the core idea of cosmopolitanism?

    <p>All humans are equal and deserve equal respect</p> Signup and view all the answers

    According to political realism, how do states interact in the global arena?

    <p>Motivated by considerations of power and security</p> Signup and view all the answers

    What is the primary concern of political theories?

    <p>Collective arrangements and institutions</p> Signup and view all the answers

    What is the difference between moral theories and political theories?

    <p>Moral theories focus on individual conduct, while political theories focus on collective arrangements</p> Signup and view all the answers

    What is the relationship between nationalism and cosmopolitanism?

    <p>Nationalism is the opposite of cosmopolitanism</p> Signup and view all the answers

    What is the primary focus of political realism in international relations?

    <p>Maintaining national security and power</p> Signup and view all the answers

    What is the role of justice in political theories?

    <p>Justice is a central concern in political theories, guiding our collective arrangements and institutions</p> Signup and view all the answers

    What is the relationship between political realism and global ethics?

    <p>Political realism is the arch enemy of global ethics</p> Signup and view all the answers

    What is the core concept of cosmopolitanism?

    <p>All human beings are citizens in a single community</p> Signup and view all the answers

    What is the key feature of a cosmopolitan thinker?

    <p>They believe in the importance of individuality and moral worth</p> Signup and view all the answers

    What is the concept of universality in the context of cosmopolitanism?

    <p>Every living human should be treated equally</p> Signup and view all the answers

    What is the term used to describe a 'citizen of the world'?

    <p>Kosmopolites</p> Signup and view all the answers

    What is the key aspect of impartiality in cosmopolitanism?

    <p>Persons are treated equally by everyone, not just their fellow citizens</p> Signup and view all the answers

    What is the main difference between various cosmopolitan views?

    <p>They differ in their approach to achieving a single community among human beings</p> Signup and view all the answers

    What is the ultimate unit of concern for a cosmopolitan thinker?

    <p>The individual</p> Signup and view all the answers

    What is the relationship between cosmopolitanism and human rights?

    <p>Cosmopolitanism is based on human rights</p> Signup and view all the answers

    What is the outcome of the war of all against all?

    <p>A state of anarchy</p> Signup and view all the answers

    What is the core principle of cosmopolitanism?

    <p>The commitment to helping human beings as such</p> Signup and view all the answers

    What is the primary concern of nationalism?

    <p>The well-being of fellow-citizens</p> Signup and view all the answers

    What is the main criticism of political realism?

    <p>It denies any ethical commitment or principle above states</p> Signup and view all the answers

    What is the main focus of rights-based theories?

    <p>The protection of human rights</p> Signup and view all the answers

    What is the main challenge of discussing human rights?

    <p>The difficulty of talking about HRs in a world with unacceptable divisions and harsh statistics</p> Signup and view all the answers

    What is the relationship between the Athenian invader and the Melians?

    <p>The Athenian invader was an enemy to the Melians</p> Signup and view all the answers

    What is the outcome of the Athenian invasion of Melos?

    <p>The Melians were compelled to surrender, and the Athenians colonized the island</p> Signup and view all the answers

    What is the primary sense of global ethics?

    <p>A sense of we-ness or togetherness</p> Signup and view all the answers

    What is the claim of global ethics in terms of interconnection?

    <p>We are imbedded in the same human condition or same situation</p> Signup and view all the answers

    What is the significance of the sense of commonality in global ethics?

    <p>It is a recognition of our shared human identity</p> Signup and view all the answers

    What is the primary focus of global ethics?

    <p>Ethical issues at the global level</p> Signup and view all the answers

    What is the name of the academic journal focused on ethical issues at the global level?

    <p>Journal of Global Ethics</p> Signup and view all the answers

    What is the significance of Article 6 of the Universal Declaration of Human Rights in global ethics?

    <p>It acknowledges the shared human identity and commonality</p> Signup and view all the answers

    What is the primary goal of global ethics in terms of human rights?

    <p>To promote and protect human rights globally</p> Signup and view all the answers

    What is the significance of global ethics in the context of international relations and diplomacy?

    <p>It provides a framework for promoting global cooperation and development</p> Signup and view all the answers

    What is the primary focus of virtue ethics?

    <p>Moral character of the person</p> Signup and view all the answers

    What is the Aristotelian conception of happiness?

    <p>Acting fairly and living well</p> Signup and view all the answers

    What is the main issue with lying according to Kant?

    <p>It leads to a breakdown of the social system</p> Signup and view all the answers

    What is the Kantian argument against FGM?

    <p>It treats women as means to an end</p> Signup and view all the answers

    What is the primary purpose of case studies in global ethics?

    <p>To confront students with specific problems and develop their ethical position</p> Signup and view all the answers

    What is the focus of agent-centered morality?

    <p>The moral character of the individual</p> Signup and view all the answers

    What is the significance of gut reactions in global ethics?

    <p>They are useful for testing ethical principles and developing ethical arguments</p> Signup and view all the answers

    What is the highest good according to Aristotle?

    <p>Happiness</p> Signup and view all the answers

    What is the definition of Female Genital Mutilation (FGM) according to WHO?

    <p>The partial or total removal of external female genitalia, or other injury to the female genital organs for non-medical reasons</p> Signup and view all the answers

    What is the significance of anger in global ethics?

    <p>It is a righteous indignation against violence and is morally relevant</p> Signup and view all the answers

    What is the key characteristic of a virtuous person?

    <p>They act for the sake of the highest good</p> Signup and view all the answers

    What is the primary goal of a virtue ethicist?

    <p>To become a virtuous person</p> Signup and view all the answers

    What is the primary focus of global ethics in this semester?

    <p>Female Genital Mutilation (FGM) and its various aspects</p> Signup and view all the answers

    Why are case studies important in global ethics?

    <p>They help develop arguments and identify ethical dilemmas</p> Signup and view all the answers

    What is the significance of passion for justice in global ethics?

    <p>It is a necessary component of fighting injustice and promoting global ethics</p> Signup and view all the answers

    What is the primary goal of global ethics?

    <p>To fight injustice and promote global ethics through practice-based theory</p> Signup and view all the answers

    What is the main focus of Aristotle's virtue ethics in the context of FGM?

    <p>Promoting the fulfilled life through fairness and care for women.</p> Signup and view all the answers

    What is the primary issue with FGM from a virtue ethic perspective?

    <p>It is a form of sexism that inhibits women's flourishing.</p> Signup and view all the answers

    What is the core essence of nationalism according to the definition?

    <p>The right to self-determination and autonomous resistance</p> Signup and view all the answers

    What is the main goal of the trolley problem?

    <p>To test the moral intuition of individuals in extreme scenarios.</p> Signup and view all the answers

    What is the direct opposite of nationalism?

    <p>Cosmopolitan universalism</p> Signup and view all the answers

    What is the primary difference between the first and second scenarios of the trolley problem?

    <p>The location of the person who can divert the trolley.</p> Signup and view all the answers

    What is the primary obligation of a nationalist towards non-nationals?

    <p>To be less responsible towards their basic needs</p> Signup and view all the answers

    What is the main flaw in the second scenario of the trolley problem?

    <p>The person on the bridge has no moral obligation to act.</p> Signup and view all the answers

    What is the cardinal principle in modern international law?

    <p>The right to self-determination</p> Signup and view all the answers

    What is the primary virtue emphasized in Aristotle's care ethics?

    <p>Care and compassion for others.</p> Signup and view all the answers

    How does Aristotle's virtue ethics view the relationship between individuals and the community?

    <p>Individuals and the community are interdependent and mutually influential.</p> Signup and view all the answers

    What is the main difference between nationalist and cosmopolitan perspectives?

    <p>Nationalists prioritize national interests, while cosmopolitans prioritize international cooperation</p> Signup and view all the answers

    What is the primary challenge in applying Aristotle's virtue ethics to the issue of FGM?

    <p>FGM is a form of sexism that inhibits women's flourishing.</p> Signup and view all the answers

    What is the primary justification for the difference in obligations between fellow nationals and non-nationals?

    <p>The right to self-determination</p> Signup and view all the answers

    What is the core argument for nationalism?

    <p>The right to self-determination</p> Signup and view all the answers

    What is the relationship between nationalism and cosmopolitan universalism?

    <p>They are mutually exclusive perspectives</p> Signup and view all the answers

    Study Notes

    Restorative Justice: Definition and Purpose

    • Restorative justice is a non-violent, participatory, and deliberative way to resolve conflicts and respond to injustices.
    • The goal of restorative justice is to address conflict and violence, and to promote peace and justice.

    Injustices and Violence

    • The origins of violence against one another can be traced back to stories of violence and competition, such as the story of Cain and Abel in the Bible.
    • The brother is a symbol of any other, and the relationship with brothers can be problematic due to shared origins.
    • Brotherly conflicts can be difficult to solve, as seen in places like South Africa, Israel, and Palestine, where people share common land and traditions.

    Mediators and Bridge Builders

    • According to Alexander Langer, mediators and bridge builders are necessary to create conditions for peaceful coexistence.
    • These individuals are capable of self-critique, and are willing to detach themselves from their own community to meet with others.
    • Mediators risk being accused of being traitors, but their presence is essential for creating peaceful periods in human history.

    Models of Justice

    • Justice is often used as a response to wrongdoing, rather than as a theory of social justice.
    • Traditional models of justice include punishment, deprivation of liberties, and coercion, whereas restorative justice emphasizes democracy, freedom, and peoples' empowerment.

    Responses to Wrongdoing

    • Throughout history, humans have responded to wrongdoing with violence, self-made justice, vengeance, separation, and punishment.
    • More challenging responses to injustices include negotiated agreements, rehabilitation, reparations, and forgiveness.

    Retribution Theory

    • The retribution theory is the most ancient and dominant model of justice, which responds to evil with evil.
    • According to retribution, the offender must suffer in return, and punishment is the payback.
    • Retribution is still used in criminal law and international relations, but it is problematic as it increases violence and turns justice into violence.

    Critique of Retribution

    • The retribution theory is problematic because it defines evil as evil, and increases violence rather than reducing it.

    • Retribution perverts justice, turning it into violence, and violence into justice.

    • Justice becomes what it wants to counter, and crime and justice become mimetic, similar.

    • The retribution theory is used in practice, even if it is not supported in theory, as seen in the use of imprisonment and death penalty.### Theories of Justice

    • Theories of justice can be divided into retribution and prevention models.

    • Retribution is a counterproductive model of justice, leading to higher levels of violent criminality.

    • Prevention, on the other hand, aims to prevent wrongdoing and is supported by modern democracies.

    Prevention

    • Prevention has two main strategies: general prevention and special prevention.
    • General prevention aims to prevent wrongdoing in the first place by addressing the general population.
    • Special prevention concerns strategies to prevent re-offending by addressing those who have already offended.
    • General prevention is more important than special prevention to ensure safety in a state.

    Deterrence

    • Deterrence is a popular form of general prevention that relies on intimidation and fear.
    • It is based on the idea that the threat of a negative consequence will bring about the expected behavior.
    • Deterrence only works under certain conditions, such as the threatened consequence being likely and not excessive.
    • It does not work with irrational, impulsive actors, or those who act out of beliefs or strong convictions.

    Special Prevention

    • Special prevention consists mainly of incapacitation, which aims to make offenders physically unable to reoffend.
    • Incapacitation methods include imprisonment, death penalty, and chemical castration for sexual offenders.
    • Neutralization forces individuals into a state of imposed non-action, but it does not motivate them to desist from reoffending.
    • Democracies should only use incapacitation when strictly necessary and should never be cruel or inhumane.

    Voluntary Compliance

    • Democracies also deal with prevention through voluntary compliance, where rules are established democratically and respect human rights.
    • Rules are perceived as directions of conduct that protect citizens' rights, rather than threats or orders to obey.
    • Empirical research shows that when people perceive the law as just and protective, they are more likely to follow it.

    Rehabilitation

    • Rehabilitation is a special prevention strategy that puts the rule of conduct at the heart of intervention with offenders.
    • Rehabilitation programs rely on the participation of offenders to foster their compliance and reintegration into society.
    • It is an example of a participatory rule-centered model of justice that requires consent and compliance.

    Restorative Justice

    • Restorative justice is a participatory and consensual approach to responding to injustices.

    • It involves the victim, offender, and community members participating together in the resolution of matters arising from a crime.

    • Restorative justice includes mediation, conciliation, conferencing, and sentencing circles, and aims to achieve the reintegration of both the victim and the offender.

    • The process is voluntary and participatory, with the goal of achieving a restorative outcome that meets the needs and responsibilities of all parties involved.### Restorative Justice (RJ)

    • RJ is based on voluntary encounter and dialogue, involving all parties actively in a deliberative process aimed at addressing everyone's responsibilities and re-integrating those who have suffered from crimes.

    • Core features of RJ include:

    • Voluntariness

    • Participation

    • Active involvement

    • Togetherness

    • Dialogue

    • Encounter

    • Deliberative processes

    • RJ is not an idealistic, idyllic form of justice aiming at peace, love, reconciliation, and forgiveness, but rather addresses the real needs of people and provides fair and just responses.

    Differences between RJ and other forms of justice

    • RJ differs from incapacitation, deterrence, and retribution, which are forms of justice centered on force and coercion and enforcement on the use of violence (Juspice).
    • RJ procedures are not peaceful, but rather a struggle that addresses the real needs of people and provides fair and just responses.

    Democracy and RJ

    • RJ is a democratic way to respond to injustice, coherent and faithful to democracy even in difficult situations.
    • RJ deals with democracy and remains committed to it, even when democracy is hard to follow.
    • RJ is a method to follow in bad times, not just a luxury for good times.

    Albert Dzur and Democracy inside

    • Albert Dzur is a political scientist who supports RJ and has written about participatory innovation in unlikely places, including criminal justice.
    • Dzur argues that RJ brings democracy into the unlikely place of violence and promotes a greater sense of public ownership to check the coercive apparatuses of the state.

    Nils Christie and Conflicts as Property

    • Nils Christie, a criminologist, published an article in 1977 titled "Conflicts as Property" which argued that conflicts are important elements in society and should be nurtured and made visible.
    • Christie argued that victims of crime have lost their rights to participate and that a court procedure should restore their rights to their own conflicts.

    Responsive Regulation

    • Responsive Regulation is a flexible, dynamic regulatory system that adjusts to the conduct or behavior of those it regulates.
    • Core features of Responsive Regulation include:
    • Flexibility
    • Dynamism
    • When to punish, when to persuade
    • Regulation pyramid
    • Compliance and enforcement
    • Escalation
    • Minimum sufficient deterrence
    • Punishment as a last resort
    • Responsive Regulation is not just for governments, but also for private actors in civil society who can regulate responsively.

    The Responsive Regulation Pyramid

    • The pyramid has a flexible and dynamic shape, with persuasion and dialogue at the base, and punitive measures at the top.
    • Each level of the pyramid corresponds to a type of social actor, from active citizens to delinquents.
    • The pyramid is problem-focused, aiming to provoke and support people's compliance with the law and desistance from evil conduct.

    Restorative Justice

    • Restorative outcome: an agreement reached voluntarily through a restorative process, involving victims, offenders, and community members, aiming to meet individual and collective needs and responsibilities, and achieving reintegration of both victims and offenders.
    • Core features of RJ:
    • Voluntariness
    • Participation
    • Active involvement
    • Togetherness
    • Dialogue
    • Encounter
    • Deliberative processes

    Differences between RJ and other forms of justice

    • RJ is based on voluntary encounter and dialogue, whereas other forms of justice (incapacitation, deterrence, retribution) are centered on force, coercion, and enforcement of violence.
    • RJ addresses real needs of people, whereas legalistic and punitive systems of justice tend to be distant, abstract, and formalistic.

    Responsive Regulation

    • Example of RR by South Australian Environmental Protection Authority Compliance and enforcement.
    • Australian regulatory approach: proportional, consistent, transparent, targeted, and timely.
    • Mixing compliance and enforcement, fostering the first while making pressure on the second.
    • Dynamism in regulation: multiple and diverse reactions for diverse and multiple situations, prioritizing dialogue and persuasion to support voluntary compliance.

    Key Principles of Restorative Justice

    • Respect
    • Persuasion
    • Participation
    • Fairness
    • Responsibility-taking
    • Positive sanctions
    • Forward-looking
    • Voluntary engagements

    Reactions to RJ

    • Respect
    • Motivation
    • Commitment
    • Compliance
    • Desistance
    • Mobilization of personal resources
    • Ownership
    • Empowerment

    Legitimacy and Compliance

    • Legitimacy is essential for compliance.
    • People comply with the law voluntarily when they perceive it to be just, fair, and legitimate, not because they fear punishment.
    • Procedural Justice theory: obedience is not the same as compliance.

    Conflict Resolution Models

    • 3 ways of conflict resolution models:
    • Judicial/ Adversarial Litigation
    • Negotiated settlements
    • Restorative Justice

    Judicial/ Adversarial Litigation Model

    • Decision-making process: judgement according to the law.
    • Presence of a third party (judge) with authority and coercive power.
    • Role of authority: to decide who is right and who is wrong.
    • Law is conceived as a set of rules and obligations.
    • Outcome: a win or lose situation, with a winner or a loser.

    Criticisms of Judicial/ Adversarial Litigation Model

    • Parties are adversaries.
    • Defendant may not take responsibility and may not tell the truth.
    • Victims may suffer from secondary victimization.
    • Decision is enforced through force and coercion.

    Global Ethics

    • Global ethics is a new term that emerged over the past few decades and has established as a recognized area of study and distinct academic discipline.
    • The Journal of Global Ethics was launched in 2005, focused on ethical issues at the global level.

    Meaning of Global

    • Global signifies a worldwide scale of commonality, implying a sense of togetherness and shared human rights.
    • Global also means a worldwide scale of interconnection, where individual actions affect others across the world.

    Meaning of Ethics

    • Ethics derives from the Greek word "ethikos", meaning habit, custom, or character.
    • Ethics is the study of concepts involved in practical reasoning, including good, right, duty, obligation, virtue, freedom, rationality, and choice.
    • Ethics is an inquiry into the good life, overlapping with morality.

    Socrates and Ethics

    • Socrates' question remains a central theme in ethics: "What is the right conduct of life?"
    • Philosophy is primarily defined in ethical terms.

    Political Theories and Global Ethics

    • Cosmopolitanism: all humans are equal and deserve equal respect, emphasizing global obligations.
    • Nationalism: fellow nationals and compatriots have special obligations to one another, but not necessarily exclusionary or primarily focused on building walls.
    • Political Realism: holds that international relations fall outside the bounds of morality, with states interacting as if in a Hobbesian state of nature, motivated by power and security concerns.

    Cosmopolitanism

    • Conceptual core: all human beings are (or should be) citizens in a single community, regardless of political affiliation.
    • Three salient features: individuality, universality, and impartiality.
    • Individuality: the individual has moral worth and is the ultimate unit of concern.
    • Universality: every living human should be treated equally, as in Article 6 of the Universal Declaration of Human Rights.
    • Impartiality: persons are ultimate units of concern for everyone, not just fellow nationals or religionists.

    Taxonomy of Contemporary Cosmopolitanisms

    • A wide variety of views exist, but all argue for a shared community among human beings regardless of social and political affiliation.

    Rights-based Theories

    • Global Human Rights: a key aspect of global ethics, focusing on the rights of all individuals worldwide.
    • Critiques of Rights: recognizing the challenges and limitations of human rights in practice.

    Global Ethics

    • Global ethics is a recognized area of study and academic discipline that emerged in the past few decades.
    • The term "global" signifies a worldwide scale of commonality and interconnection.
    • Global ethics deals with complex issues and requires a sense of togetherness and belonging to the human family.

    Importance of Passion and Case Studies

    • Feelings and passions are crucial for ethical reasons and political actions.
    • Case studies are essential in global ethics to confront specific problems and develop ethical positions.
    • Case studies help in identifying and resolving ethical dilemmas and in making ethical decisions.

    Female Genital Mutilation (FGM)

    • FGM is a practice that involves partial or total removal of external female genitalia or other injuries to female genital organs for non-medical reasons.
    • FGM is a violation of human rights and has negative health outcomes.
    • FGM is a way to control women and is rooted in patriarchal and sexist attitudes.

    Ethical Theories

    • Kantianism: no maxim for lying can be universalized, and promise-keeping is meaningless in a world of liars.
    • Virtue theory: focuses on the moral character of the person, rather than ethical duties and rules or consequences.
    • Virtue theory is based on the concept of happiness, which is acting fairly and living well with others.

    The Trolley Problem

    • The trolley problem is a thought experiment that presents extreme scenarios to test moral intuitions.
    • The problem involves choosing between two options: allowing the trolley to kill five people or diverting it to a sidetrack where it will kill one person.

    Nationalism

    • Nationalism is not necessarily an extreme form of patriotism marked by a feeling of superiority over other countries.
    • Nationalism is based on the idea that nations are morally and politically relevant.
    • Nationalism prioritizes the needs and interests of fellow nationals over those of outsiders and foreigners, but also acknowledges obligations towards non-nationals.
    • The core argument of nationalism is the right to self-determination.

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    Related Documents

    Restorative Justice Notes PDF
    Global Ethics Notes PDF

    Description

    Learn about the principles of restorative justice and its applications in global ethics. Review notes from the course at Università Cattolica del Sacro Cuore - Milano.

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