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Cover of Forgiveness in criminal law through incorporating restorative mediation

Forgiveness in criminal law through incorporating restorative mediation

by Jacques Claessen

Reparation (Criminal justice)Restorative justiceForgivenessCriminal Mediation and conciliation

"In this monograph, the author argues for the integration of the concept of forgiveness into criminal law through incorporating restorative justice practices such as victim-offender mediation. Although forgiveness is not a purpose in itself nor can it be enforced, criminal law should provide room for forgiveness. Contrary to retribution, in the sense of channelled revenge, forgiveness has, after all, proven its practical usefulness in conflict resolution and in paving the way for reconciliation. The author contends that it is about time that criminal law is aimed at peace-making. This will inevitably entail significant changes to substantive and procedural criminal law. Ultimately, morality, law and politics should focus on achieving a harmonious, peaceful and, wherever possible, non-violent society. Civilisation is about more than merely substituting unbridled revenge by channelled revenge (retribution). The ideals glimmering on the horizon are repaying evil with goodness, restorat ion and forgiveness. This monograph discusses the views of several ethicists, philosophers, theologians, psychologists and legal scholars and seeks to provide answers to the following questions: what is

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Book data: Open Library