Restorative Justice & Student Services: Whole Campus – Whole Student

CACUSSMay 26, 2015

Justice

• Who’s needs are being met?

• How are they being met?

Last Lecture

• Values

• Achieving childhood dreams

• Work and Play Well Together

Democracy and Justice(Braithwaite, 1999)

The lived experience of modern democracy is alienation. The feeling is that elites run things, that we do not have a say in any meaningful sense. … In an unreflective democracy where the political imagination is limited to bigger doses of punishment as a cure for crime [wrongdoing] … democracy is impoverished.

Restorative Justice and Responsive Regulation (Braithwaite, 1999)

What our experience with restorative justice has taught us is that there is a rich diversity of things that citizens want out of a just process that they only come to grasp through serious deliberative engagement with it, by listening to the arguments and experience of others and then reflecting on their needs and aspirations for decent outcomes.

The World Until YesterdayJared Diamond, 2012

What can state based societies learn from traditional societies?

… if you see possible value … your role as an individual is to join movements promoting these values and processes …

The World Until YesterdayJared Diamond, 2012

State Based Society Traditional Society

Literate CultureOral Culture

Direction (goal setting) Meaning (story telling)Abundance (wealth) Enough (potlatch)Empirical Studies Direct ExperiencesMechanical process Human processesPower – Power - To assert your will To be all you can be

Power and Justice

State Based Society Traditional Society

Extrinsic Motivation Internal MotivationExternal Sanctioning Internal Sanctioning(rewards/punishment) (internalized codes of conduct – values)

Power: Assert your will Power: Inner willTo be your best

Professor Liz Elliott (2011, p. xii)

“ … I learned that the problems were much deeper than a flawed criminal justice system and that our work needed to begin in our relationships with each other and the natural world and, most importantly, with ourselves.”

Relational Theories

• Relational Theory (Llewellyn, 2008)• Motivational Postures (Braithwaite,

Braithwaite, Gibson & Makkai, 1994)• Procedural justice (Tyler & Blader, 2000)• Social Identity theory (Tajfel & Turner, 1979) • Self-categorization theory (Turner et al.,

1987)• Re-integrative shaming theory (Braithwaite,

1989; Ahmed, Harris, Braithwaite & Braithwaite, 2001)

• Unacknowledged shame (Scheff, 1994)

Multi-dimensionality of relational dynamics

• Relationship with self (intra-personal)• Relationship with others (inter-personal)• Relationship with community (intra-group)• Relationship with institution (or state) (intra-superordinate group)

Relationship with Institution: Motivational Postures

Motivational postures are not fixed characteristics of a person, but are the result of the dynamic interplay between persons and regulatory bodies who want to influence their behavior (Braithwaite, Braithwaite, Gibson & Makkai, 1994).

• Commitment• Capitulation• Resistance• Disengagement

Relationship with Institution: Motivational Postures

• Commitment: Moral obligation to act in the interest of the collective and complies as a virtuous citizen

• Capitulation: Accepts the authority as legitimate and complies as a “law (rule) abiding” citizen

• Resistance: Doubts the intention of the authority; defiant and argumentative

• Disengagement: Disenchanted with the authority; defiant and escapist

Relationship with Institution: Motivational Postures

Commitment Capitulation Resistance Disengagement

Soci

al D

ista

nce

Motivational leversInstitutions Communities

Social Control (Order) Social Engagement (Relations)

Rules (external sanctioning) Values (internal sanctioning)

Punishment (exclusion) Restoration (inclusion)

3rd party decision making 1st party decision making

Reason trumps emotion Reason for emotion

Power (Individual) Power (Group)

What Questions are asked?

Institutions Communities Social Control Social Engagement

What rule has been broken? Who has been hurt?

Who did it? What are their needs?

What do they deserve? Who’s obligation?

Little Book of Restorative Justice (Zehr)

Motivational Focus

Institutions Communities

Social Control Social Engagement

Human Capital Social Capital

3 R’s 3 R’s

Task Oriented Relationship Oriented

WHAT WHODo you want to be? Do you want to be?

Security and Harmony

Institutions Communities Social Control Social Engagement

Power = Social Order Power = Human Potential

Physical Security Ontological Security

Safety Belonging

Fear Love

Retribution Compassion

Democracy Renewed:A community of practice

1. Widen the circle – democratize it, pluralize it.

2. Put the problem in the center, not the person.

3. Shift the emphasis from material to symbolic reparation – remorse, apology, love and even spiritual healing.

Democracy Renewed:Shifting politics of institutional life

1. Institutionalize circles to enable all affected citizens to participate in solving problems

2. Where appropriate, facilitate the personal becoming political .

3. Foster social movement politics as vehicles for active responsibility and citizenship.

4. Engage the disenfranchised within communities of care.

Power of Belonging

“humans are the champions of kindness” given the chance … brains like helping the group more than the self … when we feel we belong, that we matter, we put our best self forward. We can act with courage and compassion, taking responsibility for behavior, in respectful and kind ways.

Dr. Jamil Zaki