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PUNITIVE JUSTICE AND RESTORATIVE JUSTICE AS SOCIAL RECONCILIATION
Author(s) -
SZABLOWINSKI ZE
Publication year - 2008
Publication title -
the heythrop journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.127
H-Index - 10
eISSN - 1468-2265
pISSN - 0018-1196
DOI - 10.1111/j.1468-2265.2007.00373.x
Subject(s) - restorative justice , punitive damages , injustice , punishment (psychology) , economic justice , criminology , retributive justice , harmony (color) , sociology , social harmony , political science , law , psychology , social psychology , social science , art , visual arts
The notion of justice is broad and complex. When we pursue justice too harshly after a conflict, we create new injustice and more victims; when we do not, the offenders usually keep hurting others and the violence is prolonged. As a matter of fact, only a few perpetrators can be punished. On the other hand, does punishment of the offender alone heal the victim or restore peace and harmony in society? Moreover, when the victim forgives, should the society still punish the offender? What role do truth recovery, state tribute (paid to the victims) and monetary compensation play in finding the balance between punitive justice and restorative justice? This paper takes up these issues of justice and, while discussing certain aspects of the relationship between punitive justice and restorative justice in some processes of social (national) reconciliation, tries to present some answers.