The Concepts, Benefits and Types of Restorative Justice (Symposium : Restrative Justice : Philosophy and Contemporary Significance)

A Commentary on the Featured Articles

Abstract

I agree with Maeno's argument that victim-offender restitution and direct conversation are key concepts of restorative justice, because it is necessary to build human, "analog" elements here and there in our society to prevent crimes stemming from the dehumanizing digitalization of society. In addition, as Morris and Umbreit et al. point out, it is necessary to include "conflict resolution by the community" in the key concepts of restorative justice. As Maeno argues, restorative justice offers more opportunities for putting an apology into words and forming a feasible compensation plan than conventional criminal justice does. Another advantage is the considerable extent to which victims and offenders can affect decisions regarding the treatment of offenders, as Morris points out. In addition, according to the article by Umbreit et al., restorative justice might be regarded as a method to reduce recidivism. Maeno notes that restorative justice procedures can be initiated either by lawyers or judges. He assumes that there is no element of compulsion involved when lawyers act as instigators. However, contrary to digital-oriented legal judgments, it is suitable for an analog-oriented restorative justice to evaluate the element of compulsion carefully from a socio-psychological perspective according to the degree to which the lawyer affects the process. Diversity is a key concept in the 21st century. Restorative justice enhances diversity by bringing the victim and the community into the offender-centered, traditional criminal justice system. However, a strong victim support network and community empowerment are necessary to achieve restorative justice.