The Yazidi community is one of the largest minority groups in Iraq, who have suffered the most. They have been subjected to marginalization and trauma for decades, which has not been documented adequately in the past. The study adopted a descriptive exploratory research to collect and investigate historical evidence regarding the marginalization and traumatic experience of the Yazidi minority in Iraq and explore whether the western secularism could be helpful in achieving restorative justice and rehabilitation. Through the (...) study of available data in interdisciplinary sources, an attempt was made to fill the literature gap. The current study perceived whether the western so-called secularism could be effective in bringing reconciliation of the Yazidi minority with the Government of Iraq and the KRG. The study also found out that the Yazidi community does not need a European-style revolutionary and atheistic secularism which does not recognize any social, religious or political affiliation in the name of democratic principles. What the Yazidi community needs is a region specific, US-led political-religious initiative, equipped with principles of non-violence, peaceful coexistence, justice, and accessibility to equal human rights and a shared vision along with the majority of the Iraqi population and recognition by the KRG, failing which the Yezidi will continue to be considering themselves as a separate ethnic group and represent as the failure of western secularism. (shrink)

Although it originated in criminal justice, restorative justice is essentially a peacebuilding or conflict transformation approach to justice. The crossdisciplinary experience at the Center for Justice and Peacebuilding has suggested some important lessons for restorative justice, peacebuilding and related fields. These include the role of trauma and victimization in justice and peacebuilding; the significance of justice questions in trauma and conflict resolution; the importance of addressing responsibilities as well as needs; the role of shame, storytelling and empathy; the (...) commonality of underlying values; the need for our fields to address underlying issues of bias and structure; and the susceptibility of our fields to unintended consequences. Restorative justice suggests some questions and issues that may be of use to peacebuilding practitioners in general. Above all, it is important for all of us to see ourselves within a larger umbrella of peacebuilding; this will require that we move from competition to collaboration and adopt a common vision of "justpeace.". (shrink)

The biology of early life adversity explores how social experiences early in life affect physical and psychological health and well-being throughout the life course. In our previous work, we argued that narratives emerging from and about this research field tend to focus on harm and lasting damage with little discussion of reversibility and resilience. However, as the Science and Technology Studies literature has demonstrated, scientific research can be actively taken up and transformed as it moves through social worlds. Drawing on (...) fieldwork with actors in education and juvenile corrections in the US Pacific Northwest, we found that they employed the biology of early life adversity not only to promote prevention but also to argue for changes within their own institutions that would allow them to better serve children and youth who have experienced adversity and trauma. Our study shows that biosocial narratives are neither inherently liberatory nor inherently oppressive but that the situated narrative choreographies in which they are enrolled are essential for their political effects. In our case, we show how these biosocial narratives have been articulated with knowledge and practices from restorative justice and trauma-informed care to reimagine the social meaning of the biology of early life adversity. (shrink)

This paper explores the role of restorative justice in post-genocide reconciliation in Rwanda, focusing on its ethical implications and impact on community healing. Following the 1994 genocide against the Tutsi, Rwanda faced the challenge of addressing survivors' trauma, fostering national unity, and reconciling a divided society. Key initiatives, including the Gacaca court system, emphasized dialogue, accountability, and forgiveness to promote healing. Using restorative justice and social reconstruction theories as its conceptual frameworks, this study examines how restorative justice (...) fosters trust, dignity, and relationship restoration, while addressing ethical challenges. Also, through a desk review of existing literature, reports, and case studies, this study synthesizes key findings on the effectiveness of restorative justice. (shrink)

social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. -/- To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the (...) communities that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners. (shrink)

I assess a justification for the granting of transitional amnesties conditional, at the minimum, upon full disclosure of wrongdoing by perpetrators. According to this rationale, such amnesties are morally legitimate because they foster restorative justice. I distinguish between two conceptions of restorative justice that I call the punishment-deprioritizing and punishment-prescribing conceptions. I argue that while conditional amnesties granted to perpetrators of minor offences conditional upon full disclosure, verbal apology and reparations could promote restorative justice well enough to (...) justify them in the eyes of adherents of the punishment-deprioritizing conception, conditional amnesties in favour of perpetrators of serious human rights abuses, because they are unlikely ever to be conditional upon perpetrators’ carrying out burdensome reparations, are likely to promote restorative justice on the punishment-deprioritizing conception only to a limited extent and not enough to justify them from the standpoint of adherents to this conception. Conditional amnesties, I contend, cannot ever promote restorative justice on the punishment-prescribing conception because it holds that punishment is indispensable for the achievement of the aims of restorative justice and amnesties exempt perpetrators from criminal punishment. (shrink)

This paper introduces views both hostile to and supportive of the ideas of secularism and religious neutrality in the jurisprudence of Muslim minorities (fiqh al-aqalliyyat).

Every day, students from marginalized communities disproportionately face adversity and trauma. It is well documented that exposure to adverse childhood experiences can impact children's ability to focus, learn, and even regulate their emotions. Many schools, rather than providing multi-tiered systems of support to address the root causes of behavior, place these students at greater risk of experiencing health disparities through the use of exclusionary school discipline practices. ESDs not only deny students important educational opportunities, but also can compound existing social, (...) economic, and health inequities. Thus, ESD practices must be understood as more than simply impacting what happens in the classroom. Instead, they should be conceptualized as public health policies with far-reaching impacts on a child's lifelong health and well-being. Even though school discipline has largely been overlooked by the public health community, current reform efforts are one aspect of a holistic health justice framework.This article seeks to begin to bridge current gaps in the literature and public discourse by identifying key linkages between ESD practices and health. It then presents evidence-based design principles to ensure education policy is aligned with a health justice framework. And finally, it explores a specific school-based intervention, restorative justice. (shrink)

In the field of Conflict Transformation, Restorative Justice is often perceived as a transformative process focused on healing relationships after a specific harm. The parties considered in a RJ setting are those harmed, those responsible and the community impacted. This is particularly true in the field of criminal and transitional justice, and in an extended and spiritual view, there is reconciliation with the parties and God. Despite cultural differences, RJ theory and concepts have been accepted favorably in the many (...) countries. From a viewpoint focused on methodology and process, however, cultural differences have a significant effect for implementation. For example, important concepts such as control, choice, harm, responsibility, apology, shame, reconciliation and forgiveness vary greatly in the manner in which they are perceived from culture to culture and may create obstacles for successful implementation of a successful process when one culture’s process and definitions are forced upon another. Therefore, promotional factors and the implication of semiotics are an absolute consideration in developing a RJ process within a particular culture. This paper discusses the cultural differences between the United States and Japan with regard to semiotic obstacles in the implementation of a RJ model in the Japanese criminal justice system. While the exploration of cultural differences, particularly between the United States and Japan is not new and has been the focus of many disciplines, little has been considered regarding the assimilation and implementation of a Western RJ model into the Eastern culture of Japan. In sum, is an attempt to clarify and integrate the effects of cultural differences for some factors as they apply to a RJ based reconciliation process focused in Semiotics, Social psychology and the Sociology of law as they apply to the United States and Japan. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Compassionate Justice: An Interdisciplinary Dialogue with Two Gospel Parables on Law, Crime, and Restorative Justice by Christopher D. MarshallGlen StassenCompassionate Justice: An Interdisciplinary Dialogue with Two Gospel Parables on Law, Crime, and Restorative Justice CHRISTOPHER D. MARSHALL Eugene, OR: Cascade Books, 2012. 386 pp. $33.60Christopher Marshall is known to Society of Christian Ethics members for his highly acclaimed book on restorative justice, Beyond Retribution, and (...) for his plenary address at the SCE annual meeting published in the JSCE 27, no. 2 (2007). The plenary address forms one chapter of the present Compassionate Justice. Well [End Page 221] informed on ethics, criminal justice, and human rights, Marshall is a New Testament scholar at Victoria University in New Zealand.Marshall points out that the two best-known of Jesus’s parables—the Compassionate Samaritan, and the Prodigal Son—have been the most influential of Jesus’s parables in Western culture and legal theory. The Compassionate Samaritan is Jesus’s response to a lawyer’s question that answers a central legal question of the time: Who is my neighbor, whom I am obligated by Leviticus 19:7 to love as myself? In the Prodigal Son, the three main characters in legal offense are clearly portrayed as the offender, the victim, and the law-abiding community; in turn, as Marshall points out, “the older brother’s reaction centers directly on the justice of his father’s actions” (192–93). Marshall argues that present legal theory can learn from careful dialogue with these two parables. These parables are not only historically influential but also so insightfully and beautifully crafted that dialogue with them can bring incisive insights. In addition, dialogue with them presses Anglo-Saxon liberalism where it is weak and needs to grow.The parable of the Compassionate Samaritan opens up questions about the need for Good Samaritan laws that defend persons who come to the aid of a person in danger of death (e.g., from an accident, fire, or drowning) against liability for inadvertently and unintentionally causing damage. Under present Anglo-Saxon law, such good Samaritans can be sued for damages. This is not the case, however, in most European countries. Similarly, most European and Latin American countries have bad Samaritan laws: Where “victims are in mortal danger and unable to save themselves,” there is a legal duty for “those who are consciously aware of the victim’s predicament, who are close enough to intervene, and who have the effective means of intervention available to them” to come to the aid of the victims. “The most glaring exception to this pattern,” Marshall argues, “occurs in Anglo-American legal systems” because of liberalism’s maximization of individual liberty even against coercion to come to the aid of persons who would die if no help arrives (155). Samaritan laws “give formal expression to the supreme value of human life, to the bonds of solidarity and empathy that comprise human identity and that bind people together in social community, and to ongoing need human beings have to be committed to one another’s rescue and restoration when severe harm befalls them” (174).Responding to the parable of the Prodigal Son, Marshall argues that both compassion and repentance are crucial for understanding the humanity and the sufferings of persons being defended or judged by law. This does not replace the standard tools of legal interpretation; it takes account of the more holistic context (288–90). In fact, “unreflective compassion can be dangerous and distorting” (296). Marshall discusses the complications insightfully and in a balanced [End Page 222] way. He concludes with an extensive discussion and refutation of perhaps the most important book-length criticism of restorative justice.Marshall’s interpretation of these two parables surpasses any other that I have read. His sensitive and thoughtful analysis of the experience of victimization goes beyond any other interpretation of the Compassionate Samaritan that I have seen. In this he resembles Daniel Philpott’s interpretation of victimization in Just and Unjust Peace (Oxford University Press, 2012). His description of the shameful rupture of relationship with father, family, and community by the prodigal son goes well beyond what I have seen previously. I think... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ROLE OF AN ULTIMATE AUTHORITY IN RESTORATIVE JUSTICE: A GIRARDIAN ANALYSIS Sara Osborne I. Restorative or Retributive Justice South African Episcopal Archbishop Desmond Mpilo Tutu's account of the gritty practicality of reconciliation versus retribution in his book, No Future Without Forgiveness, focuses long overdue attention on Restorative Justice, a law reform movement probably better known in international than in American legal circles. A persuasive assertion (...) of Restorative Justice advocates in their critique of increasingly retributive practices such as mandatory minimum sentencing, mandatory arrest, death penalty, juvenile incarceration, "three strikes" legislation, no parole, diminished prisoner services, to name a few, is that reintegrating offenders back into a community is a much more effective deterrence to anti-social violence than punishment alone. They have also observed that communitarian ideals and practices, more visible in traditional cultures1 are more conducive to Restorative goals ofreconciliation and reintegration than are practices of retributive justice rooted in ideals of individual rights. Therefore, such adjudicatory practices should serve as models for preferable alternatives. 1An examination ofrestorative justice under code-based systems of law (European, Roman Law) might also reveal more affinities since the focus ofthese systems is to define the permissible, rather than the impermissible. Code-based law begins with the commons; rightsbased law begins with the individual. 80Sara Osborne However, Western-style retributive justice remains the primary model for international law and Restorative Justice is the prophetic "outsider" voice. So, it is appropriate to ask to what extent and under what conditions are Western retributive justice systems able to incorporate or accommodate adjudicatory practices ofnon-Western or traditional cultures? How critical a factor is religion? These questions will appear wherever Western Law struggles to bring more cultural diversity under a unifying umbrella and they deserve close scrutiny. René Girard's insights into the relationship between law, religion, culture and violence are helpful in identifying practical implications ofthe restorative vision and systemic weaknesses ofretribution, and perhaps illuminating a third way. The metaphor of an organ transplant may be useful: without a genetic match between host and donor both risk destruction. It is the thesis of this paper that that genetic material is a very inclusive conceptualization of "religion" which I have named "Ultimate Authority," drawing on Girard's mimetic theory for the theoretical analysis. In other words, "religion" is indeed, always and everywhere, a critical factor in culture-specific institutions ofjustice. A Girardian understanding ofthe relationship between Ultimate Authority and criminaljustice systems indicates that while there are valuable lessons to be learned from trans-cultural dialogue, wholesale transplants may not be possible, or even advisable because conditions essential for comparable success do not exist in Western legal culture. This paper first presents some background about Restorative Justice, followed by an outline ofRené Girard's mimetic theory to define "Ultimate Authority." The second half of the paper describes alternative adjudicatory processes which have attracted the attention of Restorative Justice advocates and concludes with suggestions about future directions for criminal justice policy discussion. Restorative Justice is a movement which drew its initial energy from Civil Rights era non-violent social action. It has found avid supporters among those whose activism for socialjustice is faith-based as well as those whose activism is rooted in more secular communitarian ideologies. Perhaps because of its international following, a significant contribution ofthe movement has been to initiate trans-cultural dialogue about criminal justice, fostering an increased use of alternative dispute resolution techniques, primarily mediation. Restorative Justice doctrine insists that all crime is personal, evidence ofa broken relationship between victim, offender, and community. Restoring "right relationship" between all parties is both a moral and legal obligation; "justice" to be just must go well beyond addressing the specifics of the act which effected the break. In contrast, the focus of The Role ofAn Ultimate Authority81 retributive justice appears abstract, procedural, and narrow in pursuit of impartiality or neutrality, the ideal of Blind Justice.2 Howard Zehr, a consultant on criminal justice and a Canadian Mennonite who wrote the classic Restorative Justice primer, Changing Lenses: A New Focusfor Crime andJustice, describes the retributive criminaljustice process as "a drama between two abstractions," meaning a criminal and a victim, where the "victim" is even further abstracted... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Religion, the Globalization of War, and Restorative JusticeNathan TierneyAs the pace of globalization increases, the world's religions find themselves in a perilous dilemma that they have yet to resolve in either practical or conceptual terms. On the one hand, the globalization of markets exerts a powerful pressure toward consumerist and materialist values, which undermine and undercut religious perspectives and sensibilities. On the other hand, the globalization of war (...) heightens the intensity of these religious perspectives and sensibilities, and distorts them in the direction of violence and religious extremism. This dilemma plays itself out in different ways in the developed and developing world, but, as the term "globalization" indicates, it is a problem for all of us. Governments, in developing countries especially, often find themselves forced to choose between one horn of the dilemma or the other, with often disastrous results as they take one or the other side in a "West versus the rest" scenario. In the long run, the only viable solution is one that addresses both horns of the dilemma at the same time, and this is possible only if, in turn, religions themselves become truly global. This will require a large-scale and focused cooperative effort in which the religions of the world actively and jointly engage with both problems, working with governments, NGOs, religious communities, and interfaith groups to harmonize religious life with economics and to promote a culture of peace and justice.Because "globalization" is a familiar term in relation to markets, I'll begin by clarifying what I mean by the globalization of war. There are two main aspects to this phenomenon. First, the term refers to a specific transformation in the nature, purposes, and conditions of warfare brought about by the forces of globalization. By globalization I mean the growing trend of the world's cultural, economic, and political forces to bypass national borders and operate on a world scale. This process creates new possibilities for both integration and conflict. When that conflict passes beyond the possibility of diplomatic negotiation, we have the conditions for globalized war. Globalized war is not necessarily world war. It can be relatively local in its sphere of combat; for example, the U.S. invasion of Afghanistan was a collective response to a worldwide threat of terrorism. What makes it a globalized war, as distinct from international war, is the global nature of the forces that produced it and [End Page 79] are affected by it. Globalized war in this sense has come only lately onto the scene, but its scale and impact is likely to grow in the coming century.The second aspect of the globalization of war is the tendency of conflict to mutate beyond the interests and concerns of nation-states and be taken up by broader civilizational units, even if they were not originally a response to global pressures. The most likely trajectory for this mutation has been well described by Samuel P. Huntington in his influential article "The Clash of Civilizations" (1993) and his book-length treatment of the same subject (1997). Huntington argues that the fault lines of conflict will not be primarily ideological or economic but cultural, where "cultural" is to be understood at its broadest level—the level of civilizations. He divides the world into seven or eight competing civilizations: Western, Sinic, Japanese, Hindu, Islamic, Orthodox, Latin American, and possibly African. Societies sharing cultural affinities will cooperate with one another, and the attempt by the West to universalize its dominant version of consumer capitalism and liberal democracy will be resisted in an increasingly determined way—eventually to the point of outright war: "the next world war, if there is one, will be a war between civilizations."1In Huntington's analysis, then, the globalization of war refers to a coming clash of civilizations. He believes that religion will play a central role in this clash as the focal point of civilizations: "Civilizations are differentiated from each other by history, language, culture tradition and, most important, religion."2 While Western civilization has experienced several decades of decline and decay, in both its cultural unity and its sense of identity, other civilizations have grown both in economic terms and... (shrink)

Since the beginning of the new millennium, initiatives known as roundtables have been developed to create voluntary sustainability standards for agricultural commodities. Intended to be private and voluntary in nature, these initiatives claim their legitimacy from their ability to ensure the participation of all categories of stakeholders in horizontal participatory and inclusive processes. This article characterizes the political and material instruments employed as the means of formulating agreement and taking a variety of voices into consideration in these arenas. Referring to (...) the specific case of the “Roundtable on Sustainable Palm Oil”, I undertake a detailed analysis of the tensions relating to different forms of participation, which create a gap between “local minority voices” and international stakeholders—either non-governmental organizations or industries. Local communities and small-scale farmers face difficulties when making their voices heard in the form of debate proposed. Firstly, some participants attempt to re-impose a vertical hierarchical relationship between small-scale farmers or affected communities and company managers/directors in order to deprive the former of their powers of representation and of being able to transform reality. Secondly, the liberalism of interest groups in the roundtable accords value to experts, global knowledge, strategy, and detachment, at the expense of other capabilities of rooted or attached people who come to defend their real lives with a desire to raise critical issues of injustice. In this context, I highlight the capacity of local NGOs to relieve some of those tensions and to help locally affected communities and small-scale farmers introduce public stages for debates, by accommodating other forms of participation apart from the liberal one. By being close to and by restoring their dignity through a specific work of solicitude and care, local NGOs prepare affected people for public speaking. (shrink)

An important church body complementing the religious face of Slovakia is the Lutheran Church. It is the second largest church according to the 2001 census, a community with intensive intergenerational secularisation of its adherents. Ageing and a significant overall decline in believers during socialism are the most typical signs of this church. This paper briefly describes these typical signs with geographical nuances, a comparison with surrounding countries and with the largest church body in Slovakia - Roman Catholics. At the beginning (...) of the new millennium, the Lutheran Church of Slovakia had reached its peak in the stabile period considering the slight renewal of church life after 1990. Due to known processes, new times will bring a progressive decrease in adherents. And Lutherans, as the first church in Slovakia, seem to approach and adopt western patterns of churches succumbing to secularisation. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, but (...) instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- Two different traditions of morality in vi-v century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 3. Aristotle and practical philosophy. -/- Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. The various phases of Stoicism are described, and the shifting place that was given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torah (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was "the tool by which the world was built"; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous, but deeds are the inevitable effect of either faith or learning. The last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on the retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince, had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries, a war raged among theologians and philosophers, finally won by the former with the disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed too a few traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Tora and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. In this phase remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions, gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave pure nature incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too ambitious, and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Prima Secundae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

Stem cell therapies should be available to people of all ethnicities. However, most cells used in the clinic will probably come from lines of cells stored in stem cell banks, which may end up benefiting the majority group most. The solution is to seek additional funding, earmarked for lines that will benefit minorities and offered as a public expression of apology for past discrimination.

B a c k g r o u n d. The article is concerned with analyzing the formation of India's postcolonial identity after independence on August 15, 1947. The main narratives of socio-philosophical discourse, the influence of personalities on the construction of statehood, and political aspects that determined the country's further development are explored. M e t h o d s. The research methodology include historical, sociological and political science approaches in the context of postcolonial studies, supplemented by the methodology (...) of elite theory and critical historiography. R e s u l t s. The article shows how the colonial rule of the British Empire led to a deep identity crisis for Indians. Colonialism not only physically occupied the country, but also destroyed the consciousness of its population, introducing an inferiority complex and suppressing authentic cultural values. Indian history was reformatted by the colonial administration, which impeded the formation of a national identity. In response to these challenges, post-colonial leaders focused their efforts on restoring a sense of dignity to Indians by turning to the sources of national culture. The article focuses on the role of Jawaharlal Nehru and Bhimrao Ramji Ambedkar in shaping a new post-colonial identity through political reforms. Nehru introduced the principles of secularism, democratic socialism and cultural variety. His ideas of unity through recognition of differences were the basis of his policy. Ambedkar was the head of the committee that drafted the Constitution. He ensured that equality and social justice were enshrined. His advocacy for the rights of the untouchables was a defining moment in the achievement of social progress. His contributions to constitutional reforms, such as the prohibition of discrimination and the protection of minority interests, created the conditions for the equal development of a multinational state. C o n c l u s i o n s. The article reveals the importance of cultural, political and economic aspects in the formation of modern India. The postcolonial identity based on the principles of "unity in diversity" became possible due to the efforts of national leaders. The article analyzes the policy of modernization of the newly created state of India. The author examines which political reforms in postcolonial India were the basis for the formation of a new Indian identity. In particular, the abolition of discrimination on religious, social or other grounds and the protection of the rights and freedoms of citizens, the consolidation of the principle of secularism and the separation of state from religious authority. (shrink)

The early 1990s saw an increase in conflict in Africa and increasingly brutal tactics of war ranging from using rape as a weapon of war to the amputation oflimbs of citizens. By 2006 nearly half of all high-intensity conflicts were fought on the African continent. In many cases, fragile peace had been achieved in countries that saw some of the most brutal actions of war and experienced the most horrific human rights abuses. These societies embarked on processes ofpost-conflict reconstruction and (...) the search for sustainable peace through national reconciliation and forgiveness in the hope of creating sustainable peace and democracy. This article seeks to engage the notions that underpin Western or retributive justice and African or restorative notions of justice in achieving democratic durability in a post-conflict society. It is premised on the argument that sustainable peace in Africa can only be achieved with a creative mixture ofboth Western and African approaches to transitional justice. (shrink)

This book puts together the most important contemporary writings in the debate on secularism. It deals with conceptual, normative and explanatory issues in secularism and addresses urgent questions, including the relevance of secularism to non-Western societies and the question of minority rights.

Working in four scholarly teams focused on different global regions—North America, the European Union, the Middle East, and China—the contributors to _Religion, Secularism, and Political Belonging_ examine how new political worlds intersect with locally specific articulations of religion and secularism. The chapters address many topics, including the changing relationship between Islam and politics in Tunisia after the 2010 revolution, the influence of religion on the sharp turn to the political right in Western Europe, understandings of Confucianism as (...) a form of secularism, and the alliance between evangelical Christians and neoliberal business elites in the United States since the 1970s. This volume also provides a methodological template for how humanities scholars around the world can collaboratively engage with sweeping issues of global significance. Contributors. Markus Balkenhol, Elizabeth Bentley, Kambiz GhaneaBassiri, David N. Gibbs, Ori Goldberg, Marcia Klotz, Zeynep Kurtulus Korkman, Leerom Medovoi, Eva Midden, Mohanad Mustafa, Mu-chou Poo, Shaul Setter, John Vignaux Smith, Pooyan Tamimi Arab, Ernst van den Hemel, Albert Welter, Francis Ching-Wah Yip, Raef Zreik. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

This article deals with the impact of the free, democratic and peaceful accession to power of the Islamic Justice and Development Party (JDP) in Turkey on the Arab world in general and on the Islamic currents active in Arab societies in particular. A main point is looking into how Arab political formations and especially political Islam are trying to make sense out of such recent developments in Turkey as: (1) the fact that traditionally reviled Turkish secularism, Kemalism and westernism (...) could produce a democratic form of political Islam capable of winning free elections and ruling Turkey without a catastrophe befalling the whole polity; and (2) the fact that an Islamic JDP is the most eager proponent of Turkey’s membership in the secular EU, while the traditional staunch military guardian of Turkish secularism is now the main obstructor of the drive for EU membership. (shrink)

This paper is a historically based approach to the topic of contemporary political and religious status of Nigeria. Recently, the secular administration by Islamists has generated violence between Muslims and Christians. The latter view Islamism as a gradual Islamisation of the country. Modern Islamists plead for a re-introduction of shari’a and OIC membership. They reject the secular status of Nigeria, the Islamic banking and educational system, etc. The meaning and purpose of these are not different from hijrah, and mahdism of (...) early 20th century. The is- sue is about restoring the ousted Caliphal system, and about rejecting the Western system and secularism, which were introduced by imperialists. The spirit of Islamism is increasing, especially among the grass-roots, elite, and politicians. In these circumstances, the phe- nomenon has to be assessed in an interdisciplinary way. (shrink)

Research Ethics, Volume 18, Issue 1, Page 51-63, January 2022. Aboriginal and Torres Strait Islander peoples in Australia, have historically experienced research as another means of colonialization and oppression. Although there are existing frameworks, guidelines and policies in place that respond to this history, the risk of exploitation and oppression arising from research still raises challenging ethical questions. Since the 1990s the National Health and Medical Research Council in Australia has developed specific sets of guidelines that govern research with these (...) populations in an attempt to redress injustices of the past. The current guidelines: Ethical Conduct in Research with Aboriginal and Torres Strait Islander Peoples and Communities: Guidelines for Researchers and Stakeholders, 2018, emphasis six core values which are bound together by “spirit and integrity.” The values are reflected through respect for cultural inheritance, and genuine negotiation of partnerships between researchers, other stakeholders, and communities. We examine whether these guidelines can lead to research and research practices that redress some of the ongoing traumas of colonialization and racism. We draw upon Margaret Urban Walker’s formulation of restorative justice, based upon her “pragmatics of repair” which relies upon “voice, validation and vindication” and at its core, the restoration of relationships. (shrink)

This paper aims to relax the tension between the political requirements of making peace and the moral demands of doing justice, in light of the peace processes in South Africa and Northern Ireland. It begins by arguing that criminal justice should be reconceived as consisting primarily in the vindication of victims, both direct and indirect. This is not to deny the retributive punishment of perpetrators any role at all, only to insist that it be largely subservient to the goal of (...) vindication. Why should we take such an account of justice to be true? The paper offers two reasons. First, Christians – and even secularist liberals – have a prima facie reason in the consonance of this account with the Bible's eudaimonistic conception of justice as ordered to the restoration of healthy community. Second, since all concepts of criminal justice share the basic notion of putting right what is wrong, it would be odd if the repair of damage done to victims (i.e., their vindication) were not prominent among its concerns; and there are reasons to suppose that this vindication should actually predominate in relation to the other principles of justice (the retributive balancing of crime and punishment, and the reform of the criminal for his own sake). In its final sections, the paper applies the proposed conception of criminal justice to the peace processes in South Africa and Northern Ireland, and concludes that in both cases, notwithstanding concessions to the politics of peace-making, considerable justice has been done. (shrink)

Alongside the major narratives of ethics in the tradition of Western philosophy, a reader with an eye to the vague and the peripheral, to the turbulent and shifting, will uncover minor lines of thinking--and with them, new histories and thus new futures. Minor Ethics develops a new approach to reading texts from the history of philosophical ethics. It aims to enliven lines of thought that are latent and suppressed within the major ethical texts regularly studied and taught, and to (...) include texts and ideas that have been excluded from the canon of Western ethics. The editors and contributors have put Gilles Deleuze's concepts--such as affect, assemblage, and multiplicity--into conversation with a range of ethical texts from ancient thought to the present. Rather than aiming for a coherent whole to emerge from these threads, the essays maintain a vigilant alertness to difference, to vibrations and resonances that are activated in the coupling of texts. What emerges are new questions, new problems, and new trajectories for thinking, which have as a goal the liberation of ethical questioning. Minor Ethics takes up a range of canonical ethical questions and thinks through concrete ethical problems relating to drug addiction, environmental responsibility, xenophobia, trauma, refugees, political parties, and cultural difference. The responses to these concerns demonstrate the minoritarian promise of the opening up of ethical thinking. (shrink)

In retrospect of a century, the philosophical and theological concepts of Franz Rosenzweig’s New Thinking, as developed in the Star of Redemption, are in many aspects a milestone in modernity, reflecting the crisis of the modern Jew and Judaism both historically and politically. The notion of redemption serves here in fact as a paradigm for modernity itself, where the individual attempts to position himself in the tension between religion and secularism, tradition and modernity. This contribution analyses Rosenzweig’s “Jewish journey (...) of redemption”, not only from the perspective of Jewish Messianism, but in the context of modern Jewish thought as a cultural critique (Kulturkritik) in Western tradition, in its philosophical, theological, historical and political aspects. (shrink)

This is an advocacy essay that documents the undignified and inhumane conditions of social inequality to which the members of "Al-Akhdam" minority group are subjected in the Republic of Yemen. By focusing on the interaction between culture and collective violence, it examines the exclusionary socio-cultural and economic practices by which Al-Akhdam are denied basic human rights. In so doing, the article locates the root cause of such practices in ethnic prejudices; the Al-Akhdam are persecuted on account of their being of (...) African-descent in a country with an Arab-majority. Finally, the article advocates the protection of the collective human rights of the Al-Akhdam minority and proposes cogent measures for restoring social justice through the implementation of specific actions, including international condemnation of their persecution; official recognition of the violence meted to them; national international recognition and promotion of their rights; cessation of Yemeni government-supported policy of Al-Akhdam forced labor; formal extension of constitutionally-guaranteed economic and social rights and the establishment of a program designed to integrate them into the mainstream of Yemeni society. This list of concrete steps represents a practical advocacy plan for fostering changes in the conditions of Al-Akhdam in Yemen through numerous venues, including the Yemeni government, the United Nations, and local and international human rights NGOs. It is hoped that this documentation will significantly elevate international awareness of, and instigate responses to, the ethno-cultural violence being perpetrated against Al-Akhdam in Yemen. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy, “two wrongs make a right”. If the notion that “two wrongs make a right” seems familiar and peculiarly stated, it may be because we moreover hear it in other more commonly rendered forms. To say “two wrongs do not make a right”, necessarily implies a wholesale condemnation of retributive justice. Retributive justice, despite its largely sanitized form in contemporary society, retains the core idea that justice can be (...) achieved by the extraction of some quantity of something, such as time. With restorative justice the aim is that both parties are meant to achieve some kind of healing and consolation. But the essentially rhetorical nature of the claim, “two wrongs make a right”, assures us that no such logic is in place, and worse, that the so‐called justifications for committing wrongful acts are not derived from a rigorous calculus but rather through blunt insistence. (shrink)

This study aimed to clarify the prophetic rules concerning the relationship with non-Muslims in the Islamic society. The descriptive approach is used, and the findings revealed that the Prophetic controls in this regard are intellectual and cultural controls such as endorsing religious pluralism and ensuring learning and education without corruption or promoting atheism, as there is no compulsion in religion while guaranteeing the right to build and restore churches and places of worship. The study also reveals political and human rights (...) controls such as respect for a decent life, and the sanctity of the human soul, which cannot be robbed or diminished except under legal conditions. These controls appear in prominent rights such as the right to citizenship, the right to political and professional work, and the right to justice. There are also economic and financial controls such as justice in acquiring rights and performing duties in a way that guarantees non-Muslims their economic stability. These include the right to protect money, freedom to work and earn, the right to guarantee the treasury, and their right to alms from rich Muslims. The results also showed social and family controls such as good family cohabitation and maintaining social ties and bonds. These controls are represented in the right to cohabitation, and the right to marry and divorce. (shrink)

Amitav Ghosh’s The Nutmeg’s Curse (2021) is an insightful deliberation on the layered inequities and asymmetries created by the intersection of colonialism and anthropogenic activities. In The Nutmeg’s Curse, Ghosh conceives the present-day climate and ecological crisis as fallouts of colonial thinking and its manifestations in dominant epistemic and ethical constructions. This article underscores Ghosh’s critique of the Eurocentric discourses for their instrumentality in producing the totalitarian binaries of human and non-human, in which the ‘human’ was always the whites and (...) the ‘non-human’ comprised all ‘others’—the non-whites, indigenous people, nature and ecology. In attributing agency and signifying authority to the white capitalist, this dualistic thinking has always conceived of the ‘others’ as non-humans—those who could be objectified, commodified and tampered with. This article explores how Ghosh repudiates this colonialist monolithic demarcation, which, in compliance with the discourse of the Anthropocene, had annihilated non-Western forms of signification, knowledge and ethics. The article focuses on how the systemic othering of Western modernity’s episteme had been incremental, leading to occurrences of ‘testimonial injustices’ and ‘hermeneutical injustices’—which had culminated in severe forms of epistemicide and unleashed, what Boaventura de Sousa Santos terms ‘cognitive injustice’—relegating indigeneity and ecology to precarious conditions. In accordance with this, this article argues that Ghosh envisages a critical necessity to dismantle the matrix of Western capitalist modernity and its associated narrative of the Anthropocene and claims for a conceptualization of decolonial ecological ethics that would prioritize an encompassing of the episteme produced by the ‘other’. An engagement with the indigenous voices and a restoration of non-Western modes of knowledge production are crucial, as they can offer new ethical dimensions to envision ecology and life with its multiplicities and facilitate ‘cognitive justice’ for the oppressed and unrepresented ‘other’. (shrink)

In “The Biden Plan for Securing Our Values as a Nation of Immigrants” (hereinafter “Biden Plan“), then-candidate Joe Biden promised to “reassert America’s commitment to asylum-seekers and refugees.” Three years into his presidency, how far has the Biden Administration come in their efforts to create a more humane asylum system? And has the treatment of unaccompanied minors seen any significant improvements? This article examines the Trump Administration’s attempts to permanently alter the US asylum system. After trying to categorically ban all (...) claims that were based on persecution by “private actors,” the Trump Administration seized on the COVID-19 pandemic as a convenient pretext for taking away even some of the most basic human rights protections that asylum-seekers have enjoyed for generations. This article will argue that the Biden Administration, despite their efforts to restore some basic protections, continues to criminalize and institutionalize many unaccompanied minors. (shrink)

How can Scripture address the crucial justice issues of our time? In this book Mark Brett offers a careful reading of biblical texts that speak to such pressing public issues as the legacies of colonialism, the demands of asylum seekers, the challenges of climate change, and the shaping of redemptive economies. Brett argues that the Hebrew Bible can be read as a series of reflections on political trauma and healing -- the long saga of successive ancient empires violently asserting their (...) sovereignty over Israel and of the Israelites forced to live out new pathways toward restoration. Brett retrieves the prophetic voice of Scripture and applies it to our contemporary world, addressing current justice issues in a relevant, constructive, compelling manner. (shrink)

Today India is being crushed between two millstones of internal disintegration of man’s personality and society vis-à-vis globalization. India’s spiritual culture and multiple human cultures are being crushed. Indian culture is a lived experience of the inner self. We are to develop an integrative world-view of Indian Philosophy. We are concerned with Indian Philosophy in 2008. Philosopher analyzes ideology for restoring justice in society. He creates values, judgement and tries to translate them in praxis. His thinking is distinct from history (...) of philosophy and exegetical explanations. Philosophy of history is recapitulating archeology ofknowledge. He critiques various types of disintegrations and reintegration. Rethinking, thus, is a hermeneutical epistemic necessity. If old techniques of epistemology are insufficient, it enjoins upon the philosopher to develop new tools of interpretation for solving current philosophical problems. Philosophical hermeneutic technique is to be used to interpret the ciphers of the scriptures for discerning real meanings in the modern context. For globalization, comparative and interdisciplinary methods are most significant. Minor multiple cultures are to be protected. My concern is with spiritual voluntarist Indian culture that steels human will for confronting existential human problems. The ideal man develops cosmic vision and asserts that the external world is the epiphany of the Numinous. He is font of nishkama karma. The Divine executes the cosmic law through the realized self (sthithyaprajana of The Gītā or sant-spahi of Guru GobindSingh) who is representative of the eternal Being (Akalapurakh) in history for restoring justice in society. The charismatic personality of the avatara (incarnate) done away with. All moral and societal responsibilities of restoring justice in society fall on man’s shoulders. (shrink)

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of (...) an ancient practice 36 -- Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

This paper explores the feasibility of offering a restorative justice (RJ) approach in cases of domestic violence (DV). I argue that widely used RJ processes—such as ‘conferencing’—are unlikely to be sufficiently safe or effective in cases of DV, at least as these processes are standardly designed and practiced (Sections 1-6). I then support the view that if RJ is to be used in cases of DV, then new specialist processes will need to be co-designed with key stakeholders to ensure (...) they embody not only RJ principles, but also feminist theory and the concept of transformative justice (Section 7). (shrink)

Henri Lefebvre speaks of space as a social product. Spatially, law operates as a social product when considering sites of imprisonment. Call them prisons, jails, or correctional facilities, people who violate the law go to these places for purposes of confinement, punishment, rehabilitation. However, with decades of increasing rates of incarceration, we can see that these places fail both the jailed and the external society to which they will return. Through overcrowding, exploitative private companies, and defunded social services, these places (...) continue to cause injustice as spaces in which the social product of rehabilitation is often lacking. However, on the Island of Hawai‘i, there is an alternative. In Hilo, the community-based organization ‘Ohana Ho‘opakele’ seeks to provide a Hawaiian holistic approach that will serve as an alternative to incarceration. Through wellness centers and the practice of traditional ho’oponopono, this group advocates for a spatially-oriented rehabilitative approach to restorative justice. A central feature is the land upon which the program will be situated and its organization as a self-supported ahupua‘a. This indigenous land division contains diverse and sustainable resources where the participants will be connected to Hawaiian culture and practices central to the concept of wellness for the person and the community. The group’s vision for this program is far-reaching as it will serve as a model for justice in the Restored Hawaiian Kingdom. In this paper, we will explore the vision of ‘Ohana Ho‘opakele against the backdrop of a politically westernized legislative-based response to the diasporic urgency of Hawaii’s incarcerated. (shrink)

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the (...) need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

There will also be two sample role plays in the book and additionally there will be four complete role plays available on our website, closer to publication ...

In the case of Japan, we accepted the Chinese philosophy of morality when we received the Chinese character Yi: it means responsibility to Heaven (vertical) and, at the same time, responsibility to community (horizontal). An act having this structure might be our responsibility as human beings: yi means “justice”, keeping balance between Heaven and Earth. The Japanese people had such a balance until the Edo era. In 1868, when the Meiji Restoration occurred, the Japanese government tried to accept Western (...) ideas. Cyoumin Nakae introduced the Western philosophy of law and the constitutional system. He translated Rousseau’s The Social Contract into Japanese and gave a series of lectures on the social contract. The fundament of his thought is concentrated in the “rights of Liberty”. He emphasized transcendental liberty beyond personal, phenomenal liberty and found the same structure in Mencius. His idea of ft suggests the way of justice. Unfortunately, this idea was crushed with the death of his talented disciple in prison. After the book of Bushido, ft was only translated as “duty” for the community (horizontal), and we lost the vertical perspective: transcendental liberty. (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect (...) both the theoretical and practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

This article provides an exposition of restorative justice ethics, briefly explaining how and why its relational constitution enables it to comprise a theory of justice. I then describe how that relational constitution permits it to overlap, and work in tandem, with a wide range of religious and philosophical traditions. Numerous writings in religion and peacebuilding explore the roles that restorative justice has played in transitional justice contexts (Tutu 2000, Abu-Nimer 2001, de Gruchy 2002, Biggar 2003, Walker 2004, Villa-Vicencio (...) 2009). Less examined are cases in which restorative justice aims to provide a sustainable alternative to justice institutions and systems that generate substantial systemic injustices—what peace studies scholars describe as the inter-lacing of structural, cultural, and direct forms of violence (Springs 2015). In part two, then, I make the case that intervening in, and countering, structural and cultural violence, and systemic injustices, is conceptually intrinsic to restorative justice. Moreover, this opens possibilities for restorative justice to present sustainable alternatives to—and work to transform— structural violence occurring in retributive justice systems. Restorative justice can uniquely intervene in these ways, I argue, because of the form of moral and spiritual association its relational constitution engenders. As a test case, I briefly examine its capacity to intervene in the justice system that perhaps leads the world in the levels of structural and cultural violence—the United States. (shrink)

The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that this phenomenon is, (...) in part, a consequence of (i) the almost universal use of service-delivery criteria in the evaluation of Restorative Justice programs, and (ii) the absence of research on the interactional processes involved within the victim-offender encounter itself, using suitably designed methodological tools. (shrink)

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal (...) criminal liability for corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

Current experimentations with approaches to restorative justice for adult offenders represents a compelling new direction in the criminal justice system. This book examines the values and challenges of restorative justice for adult offenders, victims and communities. The discussion is situated within current debate, available research, and the international literature. In canvassing the structure, content, and delivery of key Australian and New Zealand restorative justice programs for adult offenders, the distinguished authors offer critical analysis of the emergence and (...) impact of program developements for practitioners and professionals. This collection brings together stimulating and informed articles by experienced practitioners, leading academics and new researchers in the field. It also offers valuable insights into emerging restorative justice practice for adult offenders and provides a real alternative to the adversarial justice system. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one (...) of maximum independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (shrink)

Edited by two leading restorative justice scholars from the West and East, this unique e-book bridges a gap in the literature by bringing together new evidence on the application of restorative practices in educational settings. The book has two aims. First, it builds a bridge between the restorative justice world in the East with that of the West. The volume demonstrates how similar the theoretical and practical experiences are in the two sides of the world. It presents (...) us with evidence of what works in policy, research and practice and allows us to make comparisons for the future. Secondly, the book challenges restorative justice which is often seen through the narrow lenses of the criminal justice system. -/- ------ -/- “It is arrogant indeed to think that schools in the west have all the answers and we are somehow more advanced in our thinking and practice. The scope of the chapters in this book travails many of the issues that face schools and systems everywhere. This book is highly recommended for anyone practicing, studying or legislating restorative justice in educational settings. Restorative practice is who we are, not what we do!”. Margaret Thorsborne, Restorative practitioner, trainer, facilitator and author. (shrink)

In the United States “restorative justice” typically refers to small-scale measures that divert alleged wrongdoers from a standard path through the criminal justice system by funneling them into alternative justice programs. These aim not to punish the offender, but to constructively address the harm that wrongdoing may have caused to individuals or to the community, engaging with the wrongdoer to come to a response that might heal and repair the harm. -/- Yet restorative justice initiatives generally fail to (...) challenge and transform the racist system of mass incarceration. This book argues that these initiatives have the potential to do so, but that we need to better understand what restorative justice is, and how it should be implemented. It claims that restorative justice can achieve its desired effect only insofar as it provides a mode of association between people that is, at its core, moral and spiritual. The book explores the ways in which restorative justice ethics and practices exhibit moral and spiritual dynamics, and what difference such “lived religious” dynamics can make for purposes of transforming structural violence. -/- Looking to Chicago’s restorative justice network as a model for developing these transformational and sustainable social changes, the volume showcases real-life examples of the kinds of practices and initiatives needed to shift the entrenched dynamics that fuel the prison-industrial complex across the United States. The book argues that restorative justice has the capacity to transform systemic injustices inscribed in U.S. mass incarceration in ways that mediate the "prison reform" vs "prison abolition" dichotomy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Redeeming a Prison Society: A Liturgical and Sacramental Response to Mass Incarceration by Amy LevadLloyd SteffenRedeeming a Prison Society: A Liturgical and Sacramental Response to Mass Incarceration Amy Levad minneapolis: fortress press, 2014. 233 pp. $39.00.Amy Levad (University of St. Thomas) has added a theological voice to the national conversation that Michelle Alexander opened with her devastating critique of the American criminal justice system in The New Jim (...) Crow: Mass Incarceration in the Age of Colorblindness. Alexander showed how policies grounded in the war on drugs have disproportionately distressed racial and ethnic minorities—African Americans and Latinos—and the poor, destroying lives and communities. Incarceration in the United States is today a system that perpetuates what Alexander called a “caste” system from which escape is, especially among black males, virtually impossible. In this informed and well-presented study, Levad takes up Alexander’s social justice analysis, extending it in new directions, offering a creative theological contribution to the mass incarceration crisis in the world’s first “genuine prison society.”Levad observes that a limitation in the Christian response to mass incarceration is the “lack of Catholic voices” (47), which her book makes an effort to correct. She draws on core insights of Catholic tradition to address conditions that foster crime while also responding “to the ways in which the criminal justice crisis both reflects and sustains social injustices” (48). Her book offers a wonderfully clear analysis of mass incarceration and related issues such as recidivism strategies and policing policies. She advocates “pulling levers,” policing policies that aim at avoiding prison, versus harsh “window-breaking” policies that for deterrence reasons criminalize even minor offences. Levad addresses theories of punishment, proposes ideas for prison reform, and, while acknowledging a limited need for prisons, sets forth constructive suggestions for how best to decarcerate society through restorative justice and rehabilitation practices that reintegrate offenders into society.The study is a provocative interdisciplinary conversation between criminology and theology. Levad’s focus is on liturgy and sacrament, the central resources of Roman Catholic theology, finding in the Eucharist the theological [End Page 204] model for inviting the marginalized and dispossessed into the common fellowship of human dignity. She then argues that penance and reconciliation yield attitudes and behaviors that parallel secular restorative justice efforts. Advocating alternatives to prison while denying the effectiveness of punitive retribution, Levad critiques the approaches of the US Conference of Catholic Bishops and other Catholics. She highlights Kathryn Soltis as a Catholic scholar who uses theological resources to affirm the dignity of prisoners, attend to the common good, and seek ways to repair relationships between victims and offenders.Some of Levad’s ideas could be developed further. Pluralism, for instance, is mentioned as a contextual issue for her theological work but never thoroughly developed. Utilitarianism is denied a constructive ethics role, but Levad’s discussion of recidivism appeals to it as a marker of the common good (122). And Levad’s attention to the internal failures of the Church in confronting social justice issues leads one to wonder whether the decarcerated vision of society she desires is practicable.Levad speaks to the heart of the incarceration crisis in America, challenging the willingness of Americans to “throw people away” (198) through imprisonment—especially the young, the poor, and minorities. With her underlying question of “what kind of people we want to be and what we want our communities to be like” (43), Levad presents readers with a distinctive “vision of justice in God’s reign conveyed by liturgy and sacraments” (197). With that, she has accomplished what she set out to do: confront the social injustice of mass incarceration with the best insights of modern criminology but also with a theological perspective that embodies the struggle to realize an engaged Catholic praxis of justice.Lloyd SteffenLehigh UniversityCopyright © 2016 Society of Christian Ethics... (shrink)