When distinguishing between “motive” and “intent,” the phrase “of a crime” often exists as an unspoken suffix. Yet even when contemplating the relatively more conscientious topic of restitution, one must still take into consideration the motives and intents of the parties involved, lest it inadvertently paves way for a system of politics to emerge that emphasizes forgetfulness over education [7]. Furthermore, to determine the necessity of restitution without falling into the multi-layered paradox of a colonial-style benefit-loss game, one must first define the purpose of restitution, the procedure that should be taken to implement it, and whether its scope lies in the past, the present, or the future. Due to the practical complications of monetary …show more content…
In this aspect, a component of restitution that frequently goes ignored is ironically one of the most straightforward: the apology. In instances such as the 2008 US resolution towards African-American descendants of slaves, or the more recent German-Namibia negotiations, apologies have been used to imply a commitment towards the restoration of the affected parties [6]. Because in many cases of colonial crime, such as the use of South Korean comfort women in Japan or the dehumanization of Kikuyu natives in Kenya, the primary issue has taken the form of a lost sense of dignity, or even that of identity in some senses, an official apology would act as an acknowledgement of wrongdoing, and serve as a step towards untangling the clutter of determining who is responsible, what they are responsible for, and to what extent reparation is needed. In the UN World Conference, former Nigerian President Olusegun Obasanjo supports this point by defining an apology of colonial crimes as a “confront[ation] of the past,” a phrase that suggests that while direct restitution is important, an explicit knowledge of one’s mistakes and the determination to mend the rifts they created are perhaps even more so. Therefore, in any case of colonial restitution, a formal, and sincere apology, along with a promise of remembrance should be the first step …show more content…
Adam Hochschild, in King Leopold’s Ghost, calls into question the moral foundations of human nature, and berates mankind for its obsession with dominance and power [3]. Niall Ferguson, on the other hand, looks to the present prosperity of former colonies to build his argument, attributing the rise of modernization to colonial control [2]. But by doing so, both openly disregard the only part of a developing civil society that can be controlled: the future. In essence, by educating the youth of today, the world may hope to minimize the damage of tomorrow, helping them understand that although they may not have any direct connections to history’s atrocities, it is not a distant past to be ignored. This would also be beneficial in breaking down society’s stereotypical perceptions of race, ethnicity, and the theories of inferiority that drift between them, thus creating a far more unified global
Ta-Nehisi Coates, author of the article “The Case for Reparations” presents a powerful argument for reparations to black African American for a long time of horrendous injustice as slavery plus discrimination, violence, hosing policies, family incomes, hard work, education, and more took a place in black African American’s lives. He argues that paying such a right arrears is not only a matter of justice; however, it is important for American people to express how they treated black African Americans.
Tatum’s colonial model is comprised of four stages. First, one racial group invades another, normally a minority group (whites) takes control of a majority population (people of color). Second, a colonial society is formed and the culture of the colonized people is subordinated. Next, the colonized people are governed and controlled by the colonizer. Finally, a caste system is devolved based on white supremacy. After the minority group is subordinated, the psychological consequences of colonization manifest themselves in the colonized population. The early histories and colonization of these countries were very similar. After colonization occurred in each of the studied countries, the native population was deemed inferior, their cultures were trivialized, and the natives lost many of their political rights. The natives and ethnic minorities were seen as “the problem,” and the criminal justice system was used to control these groups. Using the colonial model, Gabbidon examines the effects of colonization on the present day criminal justice
Reparations is defined as the act of making amends, giving satisfaction for a wrong or injury, or helping those who have been wronged. Coates argues that no one really has a solid idea on how to go about reparations for African-Americans. This is due to the fact
Reparations For 246 consecutive years, blacks have been kidnapped, whipped to death, mutilated, and raped. From 1619 to 1865, these generations of slave families were living as property rather than human beings. History would agree that the crimes done against these set of selected people do not compare to those of other races. Many people don’t know that there were sex slave farms that practiced a process known as “buck breaking”.
A political debate derived from 1990’s that held the British colonists culpable for the beginning of the ‘history wars’ that many protagonists became involved in. ‘History wars’ is divided into two views, one being a conservative view that considered the European settlement to be an achievement of taming hostile land. The progressive view on the other hand, perceives the history to be a reminder of the invasion of their land, frontier violence and dispossession of Indigenous owners. John Howard who represented the liberal party was one of the main protagonists within this controversy, representing the conservative view. Paul Keating, the labor party representative became a legacy, a Keating legacy that began reconciliation evolving in practical and symbolic ways (Ke...
Imagine you’re young, and alone. If your family was taken from you and suffered horribly for your freedom, would you want to be repaid in some form? In the article “The Case for Reparations” Ta-Nehisi Coates discusses a great deal of information about reparations, and if they should be given. Reparations are when a person or people make amends for the wrong they have done. Ta-Nehisi believes that from two hundred years of slavery, ninety years of Jim Crow laws, sixty years of separate but equal, and thirty five years of racist housing policy, that America is shackled. Only if we face the compounding moral debt can America be free. Until we face the reality of what happened together, we will always be bound by the lies that have been told.
Although the talk of reparations of slavery has been in discussion for over a hundred years, it is beginning to heat up again. Within these discussions, the issue of the form of reparations has been evaluated and money has been an option several times. However, reparations in the form of money should not be obtained for several reasons. Firstly, it is not a solution to the problem, secondly monetary reparations have the ability to worsen discrimination, thirdly, who gets paid, and how is it regulated, and lastly, the money can be misused. Many have tried to use money on several occasions to help or solve a situation, however this has been noted to be not very effective.
This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.
Another way that some argue against pure restitution is to say that is does not have an acceptable implication that punishment does have. Pure restitution lacks implications that are backed with punishment. Additionally, it is argued that pure restitution has an unacceptable implication that punishment also shares. Some say that pure restitution is too individualistic. It is also argued that some harm is beyond repair, and restitution will not solve or make these issues better, and the theory of pure restitution allows us to do nothing at all to the offender. A very controversial issue here is the question of murder.
Since the beginning there has been many crimes that have had severe consequences. These crimes are crimes such as rapes, genocide, murder, and aggravated assaults (CITE). The Restorative justice system tries to help individuals that have committed some of these crimes. Some of the Restorative justice system founders are John Braithwaite, Howard Zehr, and Mark Umbret .The Restorative justice system emerged in 1970 (CITE). The Restorative justice system is a response to crime and wrongdoing that emphasizes the repairing of the harm that was created, recognizes the importance of victim, offender, and community involvement, and promote positive future behavior (CITE). Restorative justice is a response to what was considered to be an overly harsh
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
Bouie argues, “The case for reparations, in short, is straightforward. As a matter of public policy, America stole wealth from black people, denied them a shot at prosperity, and deprived them of equal citizenship” (Bouie). Coates, in his article, never tries to make an argument for reparation, merely introduces the HR 40 bill, which would authorize a study of reparations by the American government. The point of the bill is to shed light on racial inequalities, both past and present, that many people are ignorant of, but still benefit from. Coates’ goal is for the country to really acknowledge white supremacy, and the role that it played in our country’s history. I agree that the country should be aware of his true roots, how our country was built on the back of stolen labor from slaves, but simply acknowledging is not enough. Coates is probably hoping that once the country comes to terms with just how much white supremacy and racial inequality is engrained into our culture, then the policy changes will follow. That may be a good approach to take, or perhaps we should demand reparations for those wrong now, instead of waiting and relying on the goodwill of the government to do what is right. What I want to discuss now is what these reparations would look
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
When looking at the Criminal Justice system there are so many different elements make up the system to create a whole, it is sometimes hard to grasp every element. Throughout history people and governments alike have tried to figure out cost saving yet efficient strategies to keep offenders from reoffending and out of jail. Restorative justice is one of these elements; created to focus on the rehabilitation of offenders through reconciliation with victims and the community at large. Within the realm of restorative justice there are many different types of procedures and programs from alternate dispute resolution to veteran trauma courts and everything in-between. Not everyone will agree that these specialty courts and procedures
History has been told through various forms for decades. In the past, history was more commonly expressed through word of mouth, but more recently in the past century, through written text. While textbooks and articles give formal information with little to no bias, novels give a completely new perspective from the people who experienced it themselves. The Novels, God’s Bits of Wood, written by Sembene Ousmane, and No Longer at Ease, by Chinua Achebe give a more personal account of the effects of colonization. These two novels tackle the British and French method of colonization. God’s Bits of Wood takes place in the late 1940s and sheds light on the story of the railroad strike in colonial Senegal. The book deals with different ways that the Senegalese and Malians respond to colonialism during that time. No Longer at Ease is set in the 1950s and tells the early story of British colonialism and how the Nigerians responded to colonization. Comparing the two novels, there are obvious similarities and differences in the British and French ways of rule. African authors are able to write these novels in a way that gives a voice to the people that are most commonly silenced during colonialism. This perspective allows readers to understand the negative ways that colonization affects the colonized. Historical fiction like God’s Bits of Wood and No Longer at Ease are good educational tools to shed light on the history and effects of colonization, but they do not provide a completely reliable source for completely factual information.