Transcending Retributive Models Of Justice
AbstractReparative justice seeks to break the cycle of violence particularly when perpetrated by the State. In order to understand the concepts of justice it is important to understand the past including horrific antihuman acts such as the annihilation of peoples, acts of genocide and crimes against humanity. There is no benefit from denying or erasing human evil. A liberating process with healing occurs by surmounting the human sufferings and allowing for forgiveness and reparation. The restoration and reintegration of offenders will however allow for public acknowledgement and condemnation of the wrong. Forgiveness is part of a process that involves confrontation, legal accountability reparations and reconciliation. Co-existence and cooperation will result from self-transcendence with respect for human worth.The author argues that States should develop innovations to prosecution and retribution to permit restorative responses to violence. Truth Commissions and apologies following violence should be institutionalized, with lessons to be learned from the past. |