Moral emotions in restorative justice conferences

Abstract

This article deals with the emotional dynamics of restorative conferences, focusing on the functions of shame, as enunciated in the theories of Moore, Scheff and Retzinger. According to these researchers, the restorative justice conferences aim to redirect aggressive emotions and elicit shame and other hurt-revealing emotions that can lead to empathy. These approaches are confronted with the views of the guilt-theorists Tangney and Baumeister who argue that guilt is related to empathy and reparation, whereas shame tends to provoke avoidance or rejection of responsibility. The view that guilt is the more moral emotion appears to turn Braithwaite’s theory of reintegrative shaming upside down. In accordance with recent research results of the Braithwaite group, it is concluded that guilt is an important aspect of the restorative process. But guilt has limited affect resonance possibilities, misses the other-regarding aspects of remorse and does not seem to incite the offender to reconsider his or her identity. In conclusion, it is argued that (reintegrative) ‘shaming’ is a dubious concept.