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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Restoration is better understood as the proper aim of pun... — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    Restoration is better understood as the proper aim of punishment, not as an alternative to it.

    Justice & Punishment
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    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
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    • 1.We can learn much from the restorative justice movement, especially about the role that processes of mediation and reparation can play in our responses to crime.
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    • 2.The aim of the restorative justice movement should not be the abolition or replacement of punishment.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
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    • 1.Punishment is constitutively defined by the intentional infliction of hard treatment, which is structurally incompatible with restoration as its internal aim.
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    • 2.Antony Duff's own communicative theory shows restoration can be a *consequence* of punishment's expressive function, not its defining telos.
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    • 3.Conflating the aim of an institution with the aim of a distinct practice category commits a category error that obscures both punishment's justification and restoration's value.
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    Reason against 2 of 2
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    • 1.Restorative justice, as articulated by Howard Zehr and John Braithwaite, deliberately rejects punishment's state-centered coercive logic in favor of victim-offender dialogue.
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    • 2.Absorbing restoration into punishment's aims domesticates restorative justice, stripping it of its abolitionist critical force against carceral institutions.
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    • 3.Jeffrie Murphy's retributivism establishes that punishment's core aim—vindicating the victim's dignity through proportional censure—is normatively prior to and independent of any restorative outcome.
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    Justice & Punishment

    Related

    Absorbing restoration into punishment's aims domesticates restorative justice, s...Antony Duff's own communicative theory shows restoration can be a *consequence* ...Conflating the aim of an institution with the aim of a distinct practice categor...Jeffrie Murphy's retributivism establishes that punishment's core aim—vindicatin...
    +4 moreShow less
    Punishment is constitutively defined by the intentional infliction of hard treat...Restorative justice, as articulated by Howard Zehr and John Braithwaite, deliber...The aim of the restorative justice movement should not be the abolition or repla...We can learn much from the restorative justice movement, especially about the ro...

    Similar

    Blame is analogous to punishment in this respect86%Retributivism is intuitively appealing as a theory of punishment.84%Consequentialism's approach to punishment is objectionable.82%Consequentialist punishment treats those punished as mere means to ach...82%

    Source

    AI-extracted
    SEP: legal-punishment
    View source passageHide passage
    Another abolitionist concern is that by defining and treating conduct as ‘criminal’, the law ‘steals’ the conflicts which crime involves from those to whom they properly belong (Christie 1977): instead of allowing, and helping, those who find themselves in conflict to resolve their trouble, the law takes the matter over and translates it into the professionalised context of the criminal justice system, in which neither ‘victim’ nor ‘offender’ is allowed any appropriate or productive role. Now it is a familiar and disturbing truth that our existing criminal processes — both in their structure a...

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit