Taking the sincerity out of saying sorry: Restorative justice as ritual

Journal of Applied Philosophy 23 (2):127–143 (2006)
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Abstract

abstract In this paper I take seriously von Hirsch's view that sanctions imposed on offenders need to be compatible with their dignity, and argue that some versions of restorative justice — notably that defended by Braithwaite — can put offenders in the humiliating position of having to make apologies that they do not believe in in order to avoid further bad consequences. Drawing on recent work by Duff I argue that this problem can be avoided by conceiving of restorative justice as an apologetic ritual. This view gives some ground to von Hirsch but presents a view of criminal justice that is distinctively restorative. I conclude by drawing out the differences between my account and that of Duff.

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Christopher Bennett
Ryerson University

References found in this work

The varieties of retributive experience.Christopher Bennett - 2002 - Philosophical Quarterly 52 (207):145-163.
The promise and pitfalls of apology.Trudy Govier & Wilhelm Verwoerd - 2002 - Journal of Social Philosophy 33 (1):67–82.
A Paternalistic Theory of Punishment.Herbert Morris - 1981 - American Philosophical Quarterly 18 (4):263 - 271.
Punishment as Language.Igor Primoratz - 1989 - Philosophy 64 (248):187 - 205.

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