The core difference lies in their goals: justice traditionally focuses on punishment for wrongdoing, while restorative justice prioritizes repairing harm and healing relationships.
Traditional justice systems, often referred to as retributive justice, are primarily concerned with establishing guilt and administering punishment as a consequence of breaking the law. This system is largely state-centered, with the state acting as the victim and the offender facing penalties determined by law.
Restorative justice, on the other hand, aims to address the harm caused by crime by bringing together the victim, the offender, and the community to discuss the impact of the crime and develop a plan for repair. It emphasizes accountability, taking responsibility, and making amends to those affected. Instead of focusing solely on punishment, restorative justice seeks to restore relationships and promote healing. As the provided reference suggests, "Restorative justice invites the victims of crime and the community to participate in a process of dealing with offenders and repairing the harm caused by the offender... Retribution and punishment... play less of a role."
Here's a table summarizing the key differences:
| Feature | Traditional Justice (Retributive) | Restorative Justice |
|---|---|---|
| Primary Goal | Punishment, establishing guilt | Repairing harm, restoring relationships |
| Focus | Past offense | Future healing and prevention |
| Key Questions | What law was broken? Who did it? What punishment is deserved? | Who was harmed? What are their needs? Whose obligations are these? |
| Role of Victim | Often passive, state as the victim | Active participant |
| Role of Offender | Passive recipient of punishment | Accountable participant |
| Community Role | Limited involvement | Active support and involvement |
Examples:
- Traditional Justice: A thief is arrested, tried, and sentenced to jail.
- Restorative Justice: A thief meets with the victim to understand the impact of the theft, agrees to pay restitution, and participates in community service to repair the harm caused.
In essence: Traditional justice focuses on what laws were broken and how to punish the offender, whereas restorative justice focuses on who was harmed and how to repair the harm. While traditional justice is state-centric, restorative justice is people-centric.
