Herstelrecht inbedden in ‘de gemeenschap’: inspiratie uit niet-westerse samenlevingen

Abstract

In this article, the authors revisit the old debate among legal anthropologists about the role of ‘the community’ in restorative justice. The central question is how conflict resolution as it takes place in small-scale, non-Western societies may offer inspiration for the implementation of restorative justice in contemporary, postmodern network societies. An important insight from this cultural comparison is that collective ways of conflict resolution in non-Western societies contributed greatly to the formation of communities, which have always had a more open character than is generally assumed. Interestingly, however, this resembles the open character of contemporary network societies more than is routinely recognized by those who consider comparison unwise or even impossible. Van Meijl & Mutsears argue that probation services could play a central role in the organisation of the formative function of restorative justice in contemporary societies, but only if it becomes more autonomous from the criminal justice system and its punitive practices. Finally, they emphasize the importance of repairing the moral damage in social relations after criminal acts have taken place, especially for the sake of restoring trust among all participants and parties in society.