The document compares retributive and restorative models of justice. Retributive justice focuses on punishing crimes committed against the state through proportional punishment. Kant's metaphor likens punishment to a debt owed to society. Restorative justice takes a rights-based approach, focusing on resolving wrongs through cooperative processes that allow offenders to take responsibility and make amends rather than solely face punishment. It views crime as committed against individuals and communities.
The document compares retributive and restorative models of justice. Retributive justice focuses on punishing crimes committed against the state through proportional punishment. Kant's metaphor likens punishment to a debt owed to society. Restorative justice takes a rights-based approach, focusing on resolving wrongs through cooperative processes that allow offenders to take responsibility and make amends rather than solely face punishment. It views crime as committed against individuals and communities.
The document compares retributive and restorative models of justice. Retributive justice focuses on punishing crimes committed against the state through proportional punishment. Kant's metaphor likens punishment to a debt owed to society. Restorative justice takes a rights-based approach, focusing on resolving wrongs through cooperative processes that allow offenders to take responsibility and make amends rather than solely face punishment. It views crime as committed against individuals and communities.
state/society Emphasis on punishing those who have committed crimes The punishment should fit the crime
Kants Debt Metaphor
Citizens in a society enjoy the benefits of a rule
of law According to the principle of fair play, the loyal citizen must do their part in this system of reciprocal restraint An individual who seeks the benefits of living under the rule of law without being willing to make the necessary sacrifices of self-restraint is a free rider Theyve helped themselves to unfair advantages, and the state needs to prevent this to preserve the rule of law
Kants Debt Metaphor
In cases of wrongdoing, someone who merits
certain benefits has lost them, while someone who does not deserve those benefits has gained them Punishment "removes the undeserved benefit by imposing a penalty that in some sense balances the harm inflicted by the offense. It is suffered as a debt that the wrongdoer owes their fellow citizens
Restorative Justice
Rights-based approach focusing on
peaceful resolution of wrongs Not so much based on punishing the offender, but on having the offender set things right by recognizing, accepting, and taking real responsibility for their actions Similar to Aboriginal concept of Healing Justice: healing the wrong in a cooperative manner