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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
    See Original
    Inverse View

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

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    2 perspectives
    Reason for 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 for 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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    Reasons Against

    1 perspective
    Reason against
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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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