Justice as Sanctuary

Justice as Sanctuary


220 Pages


While many in the criminal justice system would agree that the present punitive system of crime control is ineffective, unjust, and malevolent, there is little enthusiasm for talk about reforming the system or for a reexamination of its fundamental premises. In Justice as Sanctuary, noted Dutch criminologist Herman Bianchi details a new approach to crime control, one that promises to reanimate debate and initiate real change. He explores the cultural and religious roots of the current punitive system in search of new perspectives that can help create a more just and effective one.
In the ancient Hebrew notion of tsedeka ("justice" or "righteousness"), Bianchi finds the inspiration for a new model of crime control based on conflict resolution rather than punishment. Because so many feel alienated from the criminal justice system, he argues for new procedures that will enable people to experience law as supportive of their lives and their social interactions. To complement the current punitive system, Bianchi proposes a system that provides victims and offenders a chance to resolve their conflicts and offers them the opportunity to reach non-punitive systems.
By incorporating the concept of liability, Bianchi's model returns to offenders the responsibility for their acts while providing an active legal role for the victims of crime. It adapts structures and models from civil and labor law for conflict resolution of nonviolent crimes, and in the case of violent crimes, and in the case of violent crimes, proposes the creation of special "sanctuaries" that would protect the public while making it possible to effect true justice. Startling in its implications, Bianchi's system is not a utopian dream, but a carefully considered set of proposals that could be acted upon today.



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Published 01 October 2010
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EAN13 9781725228474
Language English
Document size 27 MB

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Wipf and Stock Publishers 199 W 8th Ave, Suite 3 Eugene, OR 97401 Justice as Sanctuary By Bianchi, Herman and Pepinsky, Harold Copyright©1994 by Bianchi, Herman ISBN 13: 9781608996902 Publication date 9/1/2010 Previously published by Indiana University Press, 1994
He phrase “restorative justice” was unknown before the 1970s.Forty years later restorative justice is a vast international movement: nearly a million pages on the Internet refer to it; Google Scholar lists 16,600 books and essays on restorative justice; many states around the world have written it into law; and more important, hundreds of thousands of people and communities have had their fear and shame transformed by encounters with and eorts of those practicing re-storative justice. Along the way, while having intentions to repair harm, restor-ative justice initiatives have also added to harm. He growth of this mass movement is not without missteps and failures, some very pain-ful. If this movement is to be advanced wisely into the future, its advocates need to remember both fruitful attempts and painful ones. He Restorative Justice Classics Series is an attempt to help cre-ate foundations and share memories for those interested in restor-ative justice. In a movement that grows and changes so incredibly fast and in so many diverse places, this book series creates space for cultivating restorative justice memory. Amidst the frenzy of work, growth, and missteps, this book series represents a commitment to bring back into print those restorative justice books and articles that could be considered classic. He label “classic” is used here loosely to refer to books that have shaped the restorative justice movement and whose writing continues to be worth remembering, worth sharing, and worth reconsidering amidst the changing scene. In most cases there is still a need for the content and thus a continuing demand for the books. Books are chosen in this series because they will be of special ongoing value to practitioners and scholars of restorative justice.
Wipf and Stock Publishers, at the instigation of Series Editor Ted Lewis, has set up the series in such a way that the books will stay in print and remain available. Anyone wanting to understand the origins, history, diverse practices, and spirit of restorative justice will înd the series particularly helpful.
Jarem Sawatsky, Series Consultant Canadian Mennonite University Winnipeg, Manitoba April 2009
To see a complete listing of books in this series, go to www.wipfandstock. com and click on “Advanced Search” to locate the Restorative Justice Classics Series in the series box. Recommendations for further reprints in this series can be directed to Ted Lewis, Series Editor, at tedlewis@wipfandstock.com or can be made by calling 541-344-1528.
erman BIanchI calls on us to return to a tIme when outlaws H could ind sanctuary from crImInal prosecutIon whIle they ne-gotIated theIr way back Into settlement In communIty lIfe In ways that made state retrIbutIon unnecessary. He states the thesIs ofJus-tice as SanctuaryIn a sentence on p. 81: “…ïn lIght of the human IncapacIty to make inal judgments In matters of rIght and wrong, InterpretatIon of norms and values must be made In a never-endIng and open process and dIscussIon.” BIanchI Is a retIred Dutch law professor. Is book was orIgI-nally publIshed In France (1985), at a tIme when “restoratIve justIce” In Canada and the UnIted States was capturIng the heart of the dec-arceratIon movement. BIanchI was a foundIng European theorIst for the ïnternatIonal Conference on PrIson AbolItIon In Toronto In 1983 (whIch next met In Amsterdam In 1985). ïn 1987, the Conference became the ïnternatIonal Conference on Penal AbolItIon (ïCOPA), whIch Is about to meet In 2010 In Belfast as ï wrIte thIs foreword. ReturnIng to my home In BloomIngton, ïndIana, the year af-ter BIanchI and ï had met there for the one U.S. ïCOPA In 1991, BIanchI gave me a typed translatIon of thIs book. HIs book on the phenomenology of crIme was a one-of-a-kInd treasure ï had read In graduate school; he was a crImInologIcal Icon to me—a gentle and humble one at that. ït was my prIvIlege to add a foreword to hIs manuscrIpt and submIt It to ïndIana UnIversIty Press. Today as ï rereadJustice as Sanctuary, BIanchI’s 1994 thesIs call-Ing for “a never-endIng and open process and dIscussIon” embodIes the essence of how theorIsts lIke Harry MIka and Howard Zehr In North AmerIca at the same tIme deined “restoratIve justIce,” or In my case, deined, “peacemakIng.”
Foreword to the 2010 Edition
ïn thIs work, BIanchI Is so far ahead of hIs tIme. To hIm and to me, arrangIng safe places to negotIate our dIerent versIons of rIght and wrong Is far more productIve than makIng the force of punIsh-ment prevaIl. ï agree that there Is no Inherent rIght or wrong among us, and that gIvIng dIsputants safe space to aIr theIr dIerences, nota-bly fear and anger, Is the best “justIce” human beIngs have to oer. BIanchI Is also an avId hIstorIan of the last thousand years of European royal/church/state usurpatIon of space In whIch feudIng partIes settled on compensatIon and went on wIth theIr lIves. ït Is humblIng to recognIze how recent and counterproductIve the prac-tIce of state punIshment has been. BIanchI poInts out that tryIng to go back to the good old days Is “anachronIstIc” (romantIc notIons of tImes that never were) and he contInues to challenge me to igure out how to oer “sanctuary” to those who are otherwIse entangled In “crImInal justIce.” Above all, thIs book Is a tImeless, clear and devas-tatIng crItIque of legal busIness as usual. Hal Pepinsky Worthington, Ohio, USA May 2010