Preview

Reparative Justice: Verdeja's Theory Of Reparative Justice

Good Essays
Open Document
Open Document
705 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Reparative Justice: Verdeja's Theory Of Reparative Justice
This chapter in meant to provide the reader: a) an understanding of the different definitions that reparative justice can adopt; and b) the functioning of the reparatory regime in the International Criminal Court (ICC) as established in the legal instruments which is based on.
Reparative justice: theoretical definitions
In order to create a wider scope of what reparations are or should be like and their ultimate finality, different reparative justice perspectives are exposed .
These viewpoints comprehend various authors stemming from different backgrounds . This is meant to provide different bases for a more complete understanding of the matter.
For Verdeja, reparative justice is seen as a way to restore the dignity and morality of the victims. …show more content…
In this context, Verdeja, in his critical theory of reparative justice, divides the reparations in four complementary conceptual dimensions, distinguishing them between the type of acknowledgment: symbolic or material, and the recipients of these reparations: individual or …show more content…
Firstly, reparations can be collective, in that the massive violations suffered affected the community, thus it is necessary to comprehend it in order to reintegrate the marginalized groups again in the society as a whole. This collective material reparations can help to construct developmental plans (ie employment, housing assistance, medical support, etc.) that will help communities to recover their social, political and economical life. Secondly, individual material reparations contribute to reaffirm victims as individual beings with differentiate needs, emphasizing their recognition not only symbolical, but also in a material and practical level. These reparations help victims to enjoy a greater autonomy on deciding what to do with it, according their needs
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Theories Of Justice: Utilitarianism, Retribution And Restitution
    • 176 Words
    • 1 Page

    Theories Of Justice: Utilitarianism, Retribution And Restitution

    Aristotle once said, “It is in justice that the ordering of society is centered”. In our society there are theories of justice, which is Retribution, Utilitarianism and Restitution. These forms have similarities and differences and are use in many different social groups every day.…

    • 176 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    David Boonin
    • 552 Words
    • 3 Pages

    David Boonin

    In the last chapter of The Problem of Punishment, David Boonin attempts to defend his belief in restitution as a replacement of punishment by the state. Unfortunately, Boonin falls short in his attempt to defend absolute restitution when addressing restitution during both murder and rape. Using convoluted language, the reader is lost in his arguments defense, instead of admitting that it falls short in cases such as rape and murder. To further understand this, it is necessary to consider the following. First, Boonin’s definition of pure restitution and why he treats it as an absolute concept. Second, Boonin’s defense of restitution in cases of rape and murder. Third, the problem with restitution.…

    • 552 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Reparations In The Case For Reparations And The Marrow Of Tradition
    • 1885 Words
    • 8 Pages

    Reparations In The Case For Reparations And The Marrow Of Tradition

    Both “The Case for Reparations” and The Marrow of Tradition, examine the issue of reparations in return for the egregious injustices committed in the form of slavery by our predecessors. The cornerstone of this problem is that after years of generational oppression and discrimination, what form will this reparation end up taking? A reparation that is based on doling out mere financial support for those that endured the brutality of slavery is unreasonable. It is an insult to the blacks that were subjugated in the slave economy of the past under the guise of racial superiority. Simply treating this issue in a one-dimensional viewpoint that can be solved through a monetary basis will not suffice and is stripping from it the aspect of humanity.…

    • 1885 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Good Essays

    Restorative Justice Approach
    • 204 Words
    • 1 Page

    Restorative Justice Approach

    The core of restorative justice is comprised on fundamental guiding values such as respect, individual dignity, inclusion, responsibility, humility, mutual care, and the reparation of harms (Pranis, 2007). Guiding values evoke individual values including respect, honesty, compassion, open-mindedness and patience, so as to maximize peace while considering the needs of the victim, offender, community and all other stakeholders (Zehr, 2002). Restorative justice is an alternative approach to the traditional punitive justice system that extends the definition of crime as existing beyond one specific violent act (Pepinsky, 2000). Contrary to what is considered in Western society’s view of crime,…

    • 204 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    Restorative Justice Process
    • 152 Words
    • 1 Page

    Restorative Justice Process

    In the restorative justice process, the state is removed from playing the role of the victim and the actual victim is prioritized and respected. The restorative process gives victims the chance to explain how the crime has affected their lives, receive answers to their questions, and often times offered an apology from the offender. This approach assist the criminal justice system in repairing the harm caused to the victims and begins the process of reconciliation. The offender acknowledges responsibility for his or her actions, and is held accountable to the victim and/or community through the state’s criminal justice system. The offender then puts forth an effort to make amends for the negative effects his or her crime has caused. Another…

    • 152 Words
    • 1 Page
    Good Essays
    Read More
  • Powerful Essays

    Restorative Justice Issues In Criminal Justice
    • 657 Words
    • 3 Pages

    Restorative Justice Issues In Criminal Justice

    Immoral actions such as possession and use of drugs are common elements relating to crimes. Notably, these variables impact the procedure of applying the law fairly to all offenders of all crimes. Though restorative justice and retribution may work together in theory, it may not work in practice. Thus, our current system of retribution, (which identifies with negative judgment), is the prevailing form of justice in our society. The principle of Retributive justice is to correct the wrong and prevent retaliation by the…

    • 657 Words
    • 3 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Restorative Justice In Criminal Justice
    • 113 Words
    • 1 Page

    Restorative Justice In Criminal Justice

    There are many field where restorative justice has been applied. This is already known that restorative is applied in criminal justice system. In case of criminal justice system, victims are asked about the influence of crime, discuss the accountability of the offender and other relevant question. Moreover, restorative justice is also practice in academic arena. Any misconduct by students or other staffs are approached by restorative justice to bring an appropriate solution. The adoption of restorative justice has also been noticed in case of work place, in large community issues and processes. However, restorative justice is also approached as a substance to protect the societies closer in time and culture to traditional habits.…

    • 113 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Retribution In The US Criminal Justice System
    • 1387 Words
    • 6 Pages

    Retribution In The US Criminal Justice System

    What is being overlooked is that restorative justice responses often contain retributive and punitive elements themselves – and sometimes, such as in serious cases, necessarily so. (Barton 1999, Ch. 10) Therefore, blaming retribution, or even punitiveness, for the ills of the criminal justice system is largely beside the point. Punishment and retribution cannot be ruled out by any system of justice. By implication, a more plausible critique of the status quo is…

    • 1387 Words
    • 6 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Criminal Justice Vs Restorative Justice
    • 227 Words
    • 1 Page

    Criminal Justice Vs Restorative Justice

    According to Shapland (2011) Justice is defined as the quality of being righteous, fair; equitableness or moral correctness. Justice is a term that can be very tricky and many people have often and easily confused with or used interchangeably with the term fairness. In most circumstances, whether at your workplace, your school, your local pub, or in the courtroom, people want to believe that they always want to feel that they deserve and are owed to be treated fairly after being wronged. There are two different types of justice such as Restorative Justice and Retributive Justice. Restorative justice has recently become a very popular yet controversial topic. With it being such a controversial topic there have been a few key elements of the restorative justice program that have been at a longstanding debate. They key elements consist of weather restorative justice should be defined as a result or a process, whether the approach should contain some type of form of punishment, and lastly, whether the approach should contain some type or form of punishment, and lastly whether or not it should be considered as a replacement to the traditional criminal justice system or be integrated into it.…

    • 227 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Better Essays

    Restorative Justice
    • 1204 Words
    • 5 Pages

    Restorative Justice

    In the restorative justice (RJ) city case study; Ed, David, and Mildred, had an unusual encounter. In this story about two young men breaking into a women’s home and violating her rights. In RJ city were this crime took place, the city has a very unique way of dealing with crime by using restorative justice. The restorative justice process emphasizes on repairing harm that is cause by crime. This repair includes the victim, the offender, and the members of the community. All these entities have to work together to create a way to repair the damage done by crimes in this city.…

    • 1204 Words
    • 5 Pages
    Better Essays
    Read More
  • Powerful Essays

    Restorative Justice
    • 1086 Words
    • 5 Pages

    Restorative Justice

    Meetings between victims, their offenders, and members of the affected community are important ways to address the relational dimension of crime and justice. It is accepted that the following three methods are hallmarks of restorative justice. Each requires that the offender admit responsibility for the offence. Each is limited to parties who volunteer to participate.…

    • 1086 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Good Essays

    Touching Spirit Bear
    • 445 Words
    • 2 Pages

    Touching Spirit Bear

    For many years, I find that the current justice system is inadequate in terms of dealing with offenders, victims and communities in the outcomes of crime. The modern civilization insists on treating harmful behavior and attitude with punishment. The current criminal justice system is seen as retributive, concentrating only on fixing the blame and guilt. On the other hand, Restorative Justice claims that victims should have a greater role in determining the outcome of their situation.…

    • 445 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Restorative Justice
    • 784 Words
    • 3 Pages

    Restorative Justice

    What is Restorative Justice? Restorative Justice is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. Restorative Justice is used to bring people together to agree on how to respond to crime, this action is called encounter conception of restorative justice.…

    • 784 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    How Does Aristotle’s Ideas on Justice Influence the American Judicial System?
    • 871 Words
    • 4 Pages

    How Does Aristotle’s Ideas on Justice Influence the American Judicial System?

    One aspect of justice in rectification is punishment. Punishment is the name given to the process of taking back what things…

    • 871 Words
    • 4 Pages
    Better Essays
    Read More
  • Good Essays

    Truth and Reconciliation Commission
    • 350 Words
    • 2 Pages

    Truth and Reconciliation Commission

    In Fiona Ross’s Truth and Reconciliation we get to examine the results of the new government’s attempts at making reconciliations with some of the wrongs that the people of South Africa had endured during apartheid by means of “truth commissions” vis-à-vis people’s testimonies to the level of personal victimization they had endured. However, not all people chose to portray their involvement (however they want to define it) in apartheid as pure victimization. If one chose to recognize their involvement in apartheid in a more assertive manner, where they were not passively suffering, they were denied the rights to reparations. I find it unjust that only those who played the part required of them for the judicial system were rewarded, but it is also something that makes good sense. How else would the state of Zwelethemba distinguish between those affected by apartheid and those who managed to escape personal detriment? The fact is that if you are seeking to rebuild your future, you must reconstruct your past, at least for a short period of time. And that notion is something that the South African Commission tries to validate through supporting personal testimonies. Ross says that the Commission believed that “speaking of suffering was in some measure cathartic and would give rise to interpersonal and national reconciliation” (pg239). Many women, however, did not want to testify about any sexual violence they may have endured. The case is there, as it is here, that sometimes women are stigmatized as to blame for the sexual abuse they have endured and because of social stigmas attached to sexual violence, the insistence for women to testify should be seen as intrusive and humiliating. “Some hurts do not heal and avoidance may be a coping mechanism through which individuals manage past hurts” (pg 241). The Commission probably thought that testimonies would be the most effective method of giving personal and monetary acknowledgment to these individuals, and it’s…

    • 350 Words
    • 2 Pages
    Good Essays
    Read More

Related Topics