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The case for reparation
Political violence in today's world
The case for reparation
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The Limits of Political Reconciliation Recent history is replete with egregious, widespread and often systematic wrongdoings: genocide, torture, and mass killing. Cambodia, South Africa, Afghanistan, Iraq, Rwanda, and Guatemala are examples where these grave political injustices have occurred. Histories of violence and humanitarian atrocities leave marks of damage, despair, and pain that can only justice can begin to heal. Hence the central question of Daniel Philpott’s book Just and Unjust Peace: An Ethic of Political Reconciliation: “What does justice consist of in the wake of its massive despoliation?” The answer, Philpott argues, is political reconciliation. However, in investigating two of Philpott’s six practices of reconciliation—apology …show more content…
According to Graham, reconciliation is both “… a goal in the sense that it aims to restore relationships or to promote agonism or mutual tolerance, respect, and dignity […] [And] it is a process because it requires multiple modes, steps, stages, and transformations across all levels of society and amongst all stakeholders in a conflict” (Graham 2015). Through reconciliation and the related processes of restorative justice, parties to the dispute explore and overcome the pain brought on by the conflict and find ways to build trust and live cooperatively with each other. Restorative justice seeks to have a positive impact on offenders by confronting them with the consequences of their actions and delineating their responsibilities, giving them both the opportunity to repair the damage caused to the victim and to work on finding a solution to their problems (Umbreit, Bradshaw and Coates, 1999). According to Philpott, there are six components of political reconciliation: building socially just institutions and relations between states, acknowledgement, reparations, punishment, apology, and forgiveness (Philpott …show more content…
A gesture that formerly connoted weakness grows to represent moral strength and provides a crucial step towards potential reconciliation. Within his text, Philpott expresses wholehearted belief in the power of apology stating, “Few acts undo the legitimacy of a crime more effectively than a perpetrator’s renunciation of it” (Philpott 205). Philpott describes the practice of apology as, “When a perpetrator apologizes, he condemns his own role in the political injustice and thus helps to defeat its standing victory from one angle. Yet, the victim retains his own freedom to decide how he will respond to the perpetrator and thus retains a measure of control over whether the standing victory of the injustice is defeated” (Philpott 264). Philosophically, the idea of apology within restorative justice and reconciliation could mark a reaffirmation of the fundamental moral principles of the community, promote national reconciliation, strengthen a principle of transnational cooperation and contribute to the improvement of international law and diplomatic relations. Following an apology, a relationship becomes possible between the perpetrator and the victim, which in turn creates the potential for a less hostile environment for the community, and marks a society’s affirmation of a set of virtues in contradistinction to a past of
Forgiveness is crucial for a clear conscience and peace of mind for the both of them. However, all of this is arguable by the fact that today’s experiences are incomparable to those of Hitler’s times. One cannot begin to place one in each other’s shoes and know exactly how to respond to the events happening. One can only guess how they would respond, but until they are in that moment, all plausible reasoning can change. Nevertheless, forgiveness continues to be an aspect of everyday life in every century.
The essay "Forgiveness," written by June Callwood, explores the concept of forgiving and how it influences people's lives for the better. Her work describes many components of forgiveness, such as how difficult it can be to come to terms with, why it is such a crucial part of humanity, and how it affects all people. Her essay aims to prove that forgiveness is the key to living peacefully and explains specific examples of people who have encountered extremely difficult situations in their lives- all of whom found it within themselves to forgive. To clearly portray this message in her writing, Callwood uses several strategies. She includes fear inducing statistics, makes many references to famous events and leaders, and uses a serious convincing tone, all of which are very effective.
In her, “Between Vengeance and Forgiveness,” Martha Minow discusses, not only the tandem needs of truth and justice that arise and intersect in the wake of conflict but also the duality existing between the notions of vengeance and forgiveness that surface as needs, particularly in a society recovering from violence. The central question of Minow’s work explores the idea that there may be a need for middle ground between vengeance and forgiveness. For the purposes of this work, in delineating first the needs of victims and then the needs of society at large in the wake of violent conflict situations, it may be asserted the Minow’s middle ground abides at the intersection of acknowledgment of harms and retribution for harms committed. To demonstrate
"Rwanda Genocide 20 Years On: 'We Live with Those Who Killed Our Families. We Are Told They're Sorry, but Are They?'" The Guardian. N.p., n.d. Web. 28 Nov. 2013.
Restorative justice is defined as “using humanistic, no punitive strategies to right wrongs and restore social harmony” (Siegel, 2008, p. 189). Instead of imposing harsh penalties on offenders like long prison sentences or even the death penalty, restorative justice calls for a more rehabilitative approach, such as reconciliation and offender assistance.
“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).
Despite the overwhelming use in political rhetoric, it is difficult to establish the Government of Canada’s precise definition of reconciliation. It is equally unclear as to what reconciliation entails substantively— as either a process or an outcome —in reconceiving the colonial relationship between Indigenous peoples, Settlers, and the Canadian government. For my Reconciliation Essay, I intend to problematize the very term of reconciliation as used in Canadian politics by drawing primarily on its use in the Royal Commission on Aboriginal Peoples and Prime Minister Stephen Harper’s 2008 Residential Schools Apology. I will argue that the concept reconciliation as exercised in the political discourse of federal government is neither a meaningful gesture, nor consistent with Indigenous conceptions of same term. In fact, reconciliation as presented by the Government of Canada serves only as a tool to recolonize Indigenous peoples, in that its connotations leave the colonial relationship largely
Restoration Restorative justice is based on bringing together the victim, the offender, and the community; all have equal parts in repairing the relationships destroyed by
This voluntary alternative gives the offender the opportunity to take responsibility for their actions and identify the impact they have had on their victim, while also giving the victim the chance to confront the offender and take steps to repair the harm done. The victim can ask the offender questions about the crime and the offender may apologise or make amends for their actions. Restorative justice is confrontational and can be difficult for both parties but is proven to help both the offender and victim. While it is confrontational for the victim, for some it can be better than testifying in court. Data shows that restorative justice greatly helps victims in their recovery from the offence. Although the benefits of restorative justice in adult offenders is unclear, it significantly reduces the number of reoffenders in youth. For this reason, restorative justice is mostly used for minor infringements and within the youth justice system.
Stewart, M. (2011). The space between the steps: reckoning in an area of reconciliation. Contemporary Justice Review, 14(1), 43-63. Retrieved from http://www.informaworld.com/smpp/content~db=all?content=10.1080/10282580.2011.541076
The program is modeled after similar programs that begun in the 1970s and 1980s in New Zealand and Australia (Lawson 2004). It is used in schools, juvenile courts, and youth centers. However, for this discussion I will use the facts from Catherine Lawson’s restorative justice study in Missouri. In Lawson’s writings she references Derek R. Brookes, who came up with the conclusion that restorative justice attempts to produce these three outcomes: reconciliation, reparation, and transformation. Reconciliation is stage where all the apologies happen. Reparation is the stage at which the offender takes responsibility for his or actions, by providing fair restitution to the victim and lastly transformation is the stage where the offender is re-guided back into society as a productive member and is out of the cycle of
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
After decades of war in Afghanistan in late 2001, first attempts have already been made by Afghans and international organizations to consult the Afghan people on how to build capacities in pace-building which was an encouraging sign. However, the people in general are still too reluctant to speak about their suffering during the war. Instead, their current priority is to struggle for economic survival in the highly competitive post-conflict reconstruction business with its emerging social injustice. This pragmatic attitude causes a basic problem. If the past is not addressed, efforts to build a lasting peace are endangered. As lessons from other post-conflict societies have shown, national reconciliation contributes to overcoming the past and reuniting a war-divided society (Schirch, Rafiee, & Sakhi, 2013). There are several ways to bring about peace, stability and harmony in Afghanistan. This paper reviews some issues crucial for discussing and designing a strategy of national reconciliation. Moreover, for narrowing the gap between the rival perceptions there is also a need for an Afghan peace process to prepare the ground for peace-building and a future reconciliation process and implementation of an Afghan mechanism of national reconciliation including the ‘’lessons learned’’ from the post-conflict societies.