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Analyzing how a society should respond when the social contract is broken by crime.
If someone broke your favorite possession, would you feel more 'even' if they were sent to their room for a week, or if they had to work to buy you a replacement and apologize?
In a society, we follow a social contract: an unspoken agreement to follow rules in exchange for safety. When someone commits a crime, they break this contract. The big question for philosophers is: How should society respond? Traditionally, we use Retributive Justice. This model views crime as a violation of the law and the state. The focus is on determining guilt and administering a punishment that 'fits' the crime. It is often described by the Latin phrase lex talionis, or 'an eye for an eye.' In this view, justice is a mathematical balance: if an offender causes amount of harm, they must receive amount of punishment to 'level' the scales.
Quick Check
In the retributive justice model, who is considered the primary victim of a crime?
Answer
The State or the Law itself.
Restorative Justice takes a different path. Instead of seeing crime as a violation of a dry legal code, it sees crime as a violation of people and relationships. The goal isn't just to punish the offender, but to repair the harm caused. This model involves three main parties: the victim, the offender, and the community. Justice is served when the offender takes responsibility, the victim's needs are met, and the community is healed. While retributive justice asks 'What law was broken?', restorative justice asks 'Who was hurt and what do they need?'
1. Scenario: A teenager sprays graffiti on a local park bench. 2. Retributive Response: The teenager is arrested, fined , and given a criminal record. 3. Restorative Response: The teenager meets with the park ranger and local parents. They agree that the teenager will spend four Saturdays cleaning the park and painting over the graffiti, directly repairing the damage.
Quick Check
What are the three main parties involved in a restorative justice process?
Answer
The victim, the offender, and the community.
1. The Crime: A person steals bread from a grocery store because they are unemployed. 2. Retributive Logic: The law says theft equals 30 days in jail. The punishment is applied regardless of the reason. 3. Restorative/Rehabilitative Logic: The offender meets the store owner to apologize. The court mandates a job-placement program. The goal is to ensure the offender doesn't need to steal again, which benefits the whole community's safety.
Which phrase best describes the core philosophy of Retributive Justice?
In a restorative justice circle, what is the primary goal?
Rehabilitation is a strategy used to address the root causes of criminal behavior.
Review Tomorrow
In 24 hours, try to explain to a friend the difference between 'punishing a crime' and 'repairing a harm.'
Practice Activity
Research a 'Victim-Offender Mediation' program in your state or country. Does it seem more effective than prison for minor crimes?