Open AccessRESTORATIVE JUSTICE: BRINGING BACK THE PILLORY?
Author(s) -
John C von Bonde
Publication year - 2022
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v29i2.13247
Subject(s) - restorative justice , harmony (color) , economic justice , criminology , sociology , retributive justice , criminal justice , context (archaeology) , value (mathematics) , law , political science , history , computer science , art , archaeology , machine learning , visual arts
This article considers the value and parameters of re-integrative shaming in the context of restorative justice, particularly in the light of a recent Eastern Cape decision. The basic values and programmes of restorative justice are sketched in order to position this aspect of restorative justice (re-integrative shaming) in the larger milieu. The writer concludes that restorative justice – which is internationallyrecognised and forms the guiding philosophy in the development of SA criminal justice and sentencing – is multi-facetted. Its strength lies in the fact that it utilises not only existing, but also customary and historical concepts, in order to create fresh solutions to the problem of restoring the harmony in the tripartite relationship of victim/community/offender which is upset when a crime is committed.