Journal article
Re-imagining the transformative potential of therapeutic jurisprudence and restorative justice using a relational paradigm
The International Journal of Restorative Justice, v 2(3), pp 487-492
Dec 2019
Abstract
In her Notes from the Field, Professor Wemmers focuses on potential shortcomings regarding the treatment of victims in restorative justice processes that occur in the criminal legal context and embraces therapeutic jurisprudence as offering a potential remedy that can be 'truly transformative'. Her main concern about restorative justice is the need to prioritise victim's concerns and incorporate 'reparation', meaning both tangible (financial) restitution and less tangible forms, such as apology, in order to avoid re-victimisation. In her view, therapeutic jurisprudence as informed by procedural justice and its emphasis on the importance of 'voice' and 'validation' can potentially influence the field of restorative justice in a positive direction. When combined with a therapeutic jurisprudence approach, she believes that restorative justice can achieve healing and growth for all participants, especially victims.
Professor Wemmers approaches these topics as a highly experienced and knowledgeable researcher of criminal legal processes and also as a scholar who is deeply committed to victimology and to prioritising victims' needs and interests. Given her background and her encounters with victims/survivors of serious harms and suffering, her emphasis on the need to centre victim's experiences and potential re-traumatisation in the criminal legal system and in restorative justice processes is unsurprising. To her credit, she nevertheless acknowledges the complexities and broader contexts of harmful behaviour. When speaking of the potential contributions of therapeutic jurisprudence, at several points in her essay she refers to the need to consider the effects of restorative justice on the well-being of both offenders and victims. Importantly, she acknowledges that many offenders have also been victims. '[V]ictims and offenders are not distinct populations and individuals who have experienced multiple victimizations, especially during childhood, may later commit offences themselves.' Professor Wemmers concludes that therapeutic jurisprudence can inform and reinforce basic principles of restorative justice by providing dignity and respect as well as mean-ingful participation which 'allows us to consider a more complete view of victims and offenders'.
I agree wholeheartedly that therapeutic jurisprudence can inform and reinforce basic principles of restorative justice. Indeed, my own take on these issues begins essentially where Professor Wemmers' analysis ends and goes much further or perhaps in a different direction entirely, depending on one's perspective. Her approach might be described as one advocating reforming the law, that is, working within the existing system or status quo to make what I would call modest improvements. In contrast, I view my own approach as re-imagining the entire system. Specifically, with respect to Professor Wemmer's restorative justice framework, I would want to focus on how we can transcend the labels of 'offender' and 'victim' to envision and create processes, and perhaps, new systems, that can providing healing and growth for all who have been affected by the harms defined by the criminal legal system. My vision of restorative justice also aspires to go beyond these labels to provide healing and growth for all of us, as we all experience some form of harm or brokenness in our lives. I am reminded of the words of the attorney/law professor/bestselling author Bryan Stevenson:
We are all broken by something. We have all hurt someone and have been hurt. We all share the condition of brokenness even if our brokenness is not equivalent. [..] Our brokenness is also the source of our common humanity, the basis for our shared search for comfort, meaning, and healing. Our shared vulnerability and imperfection nurtures and sustains our capacity for compassion. (2015: 398)
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Details
- Title
- Re-imagining the transformative potential of therapeutic jurisprudence and restorative justice using a relational paradigm
- Creators
- Susan L. Brooks
- Publication Details
- The International Journal of Restorative Justice, v 2(3), pp 487-492
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Other Identifier
- 991020638509404721