{"title":"真可惜!恢复性司法的罪恶秘密","authors":"Amanda Wilson","doi":"10.1111/hojo.12460","DOIUrl":null,"url":null,"abstract":"<p>In this article, I address a long-standing issue confronting restorative justice: its shaky ethical foundation. Leading restorative justice theorists have pursued an ethics of shame that has marginalised guilt (and remorse). The resulting shame-oriented concepts do not adequately capture the complex moral and psychological phenomena that the ethics of restorative justice requires. In part, this is because theorists have failed to account for the depths, not only of guilt, but of shame as well. These depths, I argue, are to be found in Freudian metapsychology. Guilt and shame have primitive and mature forms. It is only through understanding the difference between these formations that we can see how it is that the mature formations are related in ways that are essential to understanding restorative justice. I conclude that that the mature guilt-and-shame complex developed in the article provides the grounds for an adequate ethical foundation for restorative justice.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2022-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12460","citationCount":"1","resultStr":"{\"title\":\"What a shame! Restorative justice's guilty secret\",\"authors\":\"Amanda Wilson\",\"doi\":\"10.1111/hojo.12460\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>In this article, I address a long-standing issue confronting restorative justice: its shaky ethical foundation. Leading restorative justice theorists have pursued an ethics of shame that has marginalised guilt (and remorse). The resulting shame-oriented concepts do not adequately capture the complex moral and psychological phenomena that the ethics of restorative justice requires. In part, this is because theorists have failed to account for the depths, not only of guilt, but of shame as well. These depths, I argue, are to be found in Freudian metapsychology. Guilt and shame have primitive and mature forms. It is only through understanding the difference between these formations that we can see how it is that the mature formations are related in ways that are essential to understanding restorative justice. I conclude that that the mature guilt-and-shame complex developed in the article provides the grounds for an adequate ethical foundation for restorative justice.</p>\",\"PeriodicalId\":37514,\"journal\":{\"name\":\"Howard Journal of Crime and Justice\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-03-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12460\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Howard Journal of Crime and Justice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/hojo.12460\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Howard Journal of Crime and Justice","FirstCategoryId":"1085","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/hojo.12460","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
In this article, I address a long-standing issue confronting restorative justice: its shaky ethical foundation. Leading restorative justice theorists have pursued an ethics of shame that has marginalised guilt (and remorse). The resulting shame-oriented concepts do not adequately capture the complex moral and psychological phenomena that the ethics of restorative justice requires. In part, this is because theorists have failed to account for the depths, not only of guilt, but of shame as well. These depths, I argue, are to be found in Freudian metapsychology. Guilt and shame have primitive and mature forms. It is only through understanding the difference between these formations that we can see how it is that the mature formations are related in ways that are essential to understanding restorative justice. I conclude that that the mature guilt-and-shame complex developed in the article provides the grounds for an adequate ethical foundation for restorative justice.
期刊介绍:
The Howard Journal of Crime and Justice is an international peer-reviewed journal committed to publishing high quality theory, research and debate on all aspects of the relationship between crime and justice across the globe. It is a leading forum for conversation between academic theory and research and the cultures, policies and practices of the range of institutions concerned with harm, security and justice.