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Restorative Justice Practice and the Recovery of Theological Memory

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Restorative Justice Practice and the Recovery of Theological Memory JUDGMENT AND FORGIVENESS: Restorative Justice Practice and the Recovery of Theological Memory by Keith Allen Regehr A thesis presented to the University of Waterloo in fulfillment of the thesis requirement for the degree of Master of Theological Studies Waterloo, Ontario, Canada, 2007 © Keith Regehr 2007 AUTHOR’S DECLARATION I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii ABSTRACT This study explores the connections between justice understood biblically, and restorative justice. Restorative justice theory has argued that its foundational principles and its forms of practice draw directly from the taproot of biblical justice. This study argues that biblical justice as conceived by restorative justice is incomplete. More, the primary theological and biblical work in the field has not drawn the connections to the way restorative justice is practiced. This study argues that judgment and forgiveness are essential components of biblical justice that are missing from discussions of restorative justice. It concludes by drawing some of the implications of incorporating judgment and forgiveness for restorative justice practice by suggesting language that can be used by mediators. Chapter 1 outlines the main principles of restorative justice and describes the ways in which these principles were initially grounded on a description of biblical justice. The ways in which recent writing about restorative justice has identified an apparent loss of vision are explored, a loss that flows from a theological grounding that has failed to adequately reflect the fulness of biblical justice. Chapter 2 explores the main themes of biblical justice. Drawing connections between biblical understandings of peace, covenant, and justice, it discusses the ways in which restitution, vindication, vengeance, retribution, punishment, mercy, judgment, and forgiveness are all constitutive of a full understanding of biblical justice. Finally this understanding of justice is described as central to repentance and reconciliation. Chapter 3 draws the connections between biblical justice and restorative justice. Arguing that biblical justice is a justice for the nations, that it is what justice ought to be, the role that judgment and forgiveness can play within restorative justice is described. Chapter 4 connects the discussion to the work that mediators do in restorative justice. Offering potential language for restorative justice practitioners, it seeks to find ways for the biblical and theological discussion to influence their work with victims and offenders. Chapter 5 draws the argument together, and identifies the necessity of restorative justice programmes remaining rooted in the church so as to retain the courage and creativity to continually experiment with new forms of practice. iii ACKNOWLEDGMENTS No writing project is debt free, and this one is no exception. Participants in numerous training workshops have helped me refine both my conviction that restorative justice is the way justice ought to be and my thinking about what is missing in both the theory and the practice. Connections with various community organizations committed to making healing justice normative, both in southern Africa and in North America, have convinced me that there must be mutual accountability between theorists and practitioners. My advisor, Thomas Yoder Neufeld, has over the years been colleague, friend, teacher, and mentor. In the process of writing this thesis he has been all of these, and more. I am immensely grateful for his generosity with time, advice, and patience that enabled this project to see the light of day. My family has lived with the seemingly endless process of completing my course work and writing this thesis with generosity and no small amount of laughter as self imposed deadlines came and went. The debt I owe to Arli Klassen, my wife, for the space to work at this project is incalculable. Over the years I have provided her with more than her share of opportunities to practice the discipline of forgiveness. Perhaps her willingness to do it right has been more of an impetus for this project than I fully appreciate. Our children, Alison and Jennifer, who have grown into accomplished young women during the years of my studies, have been a constant inspiration. What I want for them, more than anything, is a world in which shalom and tsedeq abound. iv TABLE OF CONTENTS ABSTRACT...............................................................iii ACKNOWLEDGMENTS .................................................... iv TABLE OF CONTENTS..................................................... v INTRODUCTION .......................................................... 1 1. Framing the Task ................................................... 1 2. Locating the Author ................................................ 2 3. Identifying the Audience ............................................. 3 4. A Note on Language ................................................ 5 5. The Plan for the Project ............................................. 6 CHAPTER 1: LAYING THE FOUNDATIONS.................................. 10 1. What is Restorative Justice? ......................................... 10 a. Key Principles.................................................. 10 b. The Genius of Restorative Justice .................................. 12 2. Forms of Practice .................................................. 13 3. Early Theological Reflections Regarding Restorative Justice .............. 15 4. What is Missing From Restorative Justice? ............................ 23 a. Loss of Vision.................................................. 23 b. The Demise of the Theological..................................... 28 5. Judgment and Restorative Justice .................................... 31 a. The Absence of Judgment ........................................ 31 b. The Cost of the Absence.......................................... 32 c. The Hidden Presence of Judgment .................................. 32 6. Forgiveness and Restorative Justice .................................. 34 a. The Absence of Forgiveness....................................... 34 b. Forgiveness and the Language of Healing . 37 c. Hidden Forms of Forgiveness...................................... 38 CHAPTER 2: DEFINING BIBLICAL JUSTICE ................................. 40 1. Shalom ........................................................... 42 2. Tsedeq / Mishpat / Justice ........................................... 47 a. Justice in Covenant Relationship ................................... 47 b. Justice as Restitution/Reparation/Recompense/Repayment . 49 c. Justice as Vindication/Vengeance .................................. 51 d. Justice as Retribution/Punishment .................................. 57 e. Justice as Judgment ............................................. 59 f. Justice as Mercy ................................................ 65 v g. Justice as Forgiveness............................................ 69 h. Justice as Reconciliation.......................................... 74 3. Repentance ....................................................... 76 4. Summary ......................................................... 78 CHAPTER 3: RESTORATIVE JUSTICE AND BIBLICAL JUSTICE . 80 1. Offering Tsedeq to the World ........................................ 80 2. The Role of Judgment in Restorative Justice ........................... 85 3. The Role of Forgiveness in Restorative Justice .......................... 96 4. Judgment of Grace ................................................ 106 CHAPTER 4: RESHAPING PRACTICE ...................................... 108 1. The Risks ....................................................... 108 a. Vengeful Victims .............................................. 108 b. Forgiveness................................................... 109 c. Responsibility and Accountability ................................. 110 d. Judgment..................................................... 112 e. Astructural Bias ............................................... 114 f. An Ethic of Risk ............................................... 116 2. Creating Space in the Process ....................................... 117 a. Preparing for Judgment and Forgiveness . 118 b. Inviting Offender Reflection ..................................... 119 c. Inviting Victim Reflection ....................................... 126 d. The Restorative Justice Process ................................... 133 CHAPTER 5: CONCLUSIONS, CHALLENGES, PROSPECTS . 136 BIBLIOGRAPHY ........................................................ 141 vi INTRODUCTION 1. Framing the Task The writing of the initial draft of this thesis began in the context of a public event and a liturgical date: the Pennsylvania Amish response to the shootings at Nickel Mines, and the Feast of St. Francis of Assisi. On Monday October 2, 2006, a 32 year old milk truck driver entered an Amish school near Nickel Mines, PA, sent all except the female students outside, and barricaded the doors. He then shot each of the students, killing five and seriously injuring the other five, and then turned the gun on himself. On Wednesday, October 4, the Feast of St. Francis of Assisi, the news broadcasts began to carry stories of various acts of forgiveness by the Amish community toward the family of the
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