The little book of restorative justice

Like reading a Wikipedia article on the subject: Encyclopedically descriptive, and so a bit dry mostly, but it does give a quick overview and one from a voice who has much authority in the field. I have much respect for the work Zehr and associates have done and we are probably all richer for it in many ways. We deeply need experiments on this field and much more practice (books are perhaps more of a pastime and in worst cases can create ideas about new quasi-laws, which is part of the problem).

Zehr comes from a tradition that is sympathetic and willing to work directly with the state and representatives of the punitive justice system. In fact, over the years, he has come to understand that the differences between the retributive philosophy of the courts and his own understanding of restorative justice are perhaps not so great. Around the world, there are of course also several examples of restorative justice programs being directly embedded in the criminal justice system. There are degrees of restorative practice (which is true) and however he can help the court, the police or the prisons being more restorative, this will help "make things right", as the overall goal of restorative justice is sometimes also put. (On a sidenote, I'm very curious how the Mennonite tradition has influenced Zehr and other early pioneers, as the expression of making things right, as I understand it, is taken directly from the Bible and the early versions of this particular restorative practice evolved in a Mennonite community. What's theology of justice here? If someone knows, please tell).

Zehr's main difference with the retributive logic is in how to achieve vindication and that administering pain is not very helpful. This is a good bottom-line and defense against punitive approaches (and practices that call themselves "restorative" can no doubt turn punitive themselves, if they believe that causing pain will teach someone a lesson). But there are also similiarities, some of which Zehr points out. One he mentions but doesn't spend much time on is: There seems to be always a victim and an offender for restorative justice to make sense. There obviously are victims and offenders in many cases, but these are statuses to recognize during a proces, not before. He does acknowledge that those cast in the role of offenders sometimes, in fact most of the time, experience themselves as victims. Sometimes this can seem simple, sometimes not. So how to place the roles before each party has been heard? Even those who cause so much harm can have an experience that they are defending a value (something good), or defending themselves against threats to their safety. Zehr must have reflected and probably written about this topic in other places. But from this distillation into 100 pages, the emphasis seems clear. The roles of victim/offender are constitutive to the framework and thus it becomes difficult to even imagine a different process. To even begin, we need to know who's the victim, and who's the offender.

What if we simply started out from the pain? Something must have happened that became so painful - or did so in a way, at a time, or in a place - that the people involved were unable to meet and make themselves understood to each other. Pain and suffering never only affects one person, even if it can seem like that when you feel most isolated or disconnected. There's always a community being affected too. This is not far from the starting point in this book either. Perhaps the parties involved will understand how to place different degrees of victimhood and offense, perhaps other categories will make more sense to them, perhaps identity categories will not feel very appropriate at all. Perhaps, if we found a way to make people assured that they will be listened to even when they don't claim the mantle of victimhood, there will be emerge more effective ways of speaking truth and listening to it, taking responsibility for your actions and finding the willingness to make the necessary actions that we may co-exist or at least make the world around us seem more inhabitable.