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      Justice caught between being and having

      The International Journal of Restorative Justice
      Eleven International Publishing

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          Justice caught between being and having

          This article proposes a new philosophical framework for restorative justice: restorative justice is concerned with being, whereas conventional justice is implicitly focused on having. I will take two examples to illustrate that this quest for new forms of justice is more focused on being than on measures and on equivalences: mass atrocities on the one hand, and widespread sexual violence on the other (committed either within the Catholic Church, or in society in general that provoked strong reactions as shown recently by the #MeToo movement). These two situations seem very different from one another, but they reveal common features. In both examples, the aim of justice is to re-establish the individual and the political into their being. Massacres and rape have long existed, but there were traditional healing processes and an usnchallenged patriarchal order. Liberal societies decided to do without the consoling role of religion (that still exist but emigrated in privacy), and to contest violence even in the intimacy of societies such as patriarchal order. This explains why courts pay an increasing and overall transformed role in our democracies: they became an instance for recognition and not only of arbitration on rights. Justice plays a more central role because it deals with the symbolic efficacy of meaning, the fact that we are affected by our common values in a shared understanding of life. The function of justice is neither to solve problems nor to provide care for individuals, but to re-enact the reasons why we go on living together and to eventually modify them for a better future.

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          Oneself as another

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            The Origins of Totalitarianism

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              The philosophy of money

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                Author and article information

                Contributors
                Role: Antoine Garapon was a juvenile court judge in France for several years. He currently teaches legal philosophy at Sciences Po Law School, Paris (France). He was a member of the French Independent Commission of Inquiry into Sexual Abuse in the Church (CIASE); he currently chairs the Commission for recognition and reparation for victims of sexual abuses committed by Catholic priests (CRR). Corresponding author: Antoine Garapon at antoine.garapon@gmail.com. Acknowledgements: This annual lecture for The International Journal of Restorative Justice was held online in December 2021. I am grateful to the respondents and participants as well as the reviewers of the Editorial Board for their insightful comments, and particularly to Ivo Aertsen, François Bernard, Tali Gal, Matt Lady, Jean Lassègue, Claudia Mazzucato, Kent Roach, Marlies Talay, Lode Walgrave, Andrew Wordsworth and Estelle Zinsstag. Many thanks to all of them for their support and patience!
                Journal
                TIJRJ
                The International Journal of Restorative Justice
                Eleven International Publishing (The Hague )
                2589-0891
                August 2022
                : 5
                : 2
                : 148-167 (pp. 148-167)
                Article
                TIJRJ-D-22-00029
                10.5553/TIJRJ.000126
                a8340aba-ab37-41bf-a60f-357bbe484fc7
                History
                Categories
                Article
                Artikel
                Annual lecture
                Annual lecture

                Criminology,Criminal law,General social science,Public law,Penology & Police science

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