Regenerative justice, beyond restoring

Abstract

This paper outlines a new form of justice, called regenerative justice. Regenerative justice is the coupling of restorative justice with the notion of generative justice, which involves the explicit and intentional discovery and building of life meanings, as well as the consideration of the relationships that those meanings have with wrongdoing and ‘making things right’. This exploration comes about after first considering restorative justice, then providing a critique that uncovers potential blind spots in restorative practice. Logotherapeutic techniques, including: Socratic dialogue, attitude modulation, and dereflection, are used by therapists to help people discover meaning and purpose and have successfully assisted crime victims and offenders. Borrowing from these techniques and specific questioning approaches, restorative dialogue facilitators can enhance restorative practice, particularly in the phases of preparation for restorative dialogue and follow-up after restorative dialogue, by deliberately emphasizing meaning-building discussions (generative justice). Therefore, regenerative justice synthesizes the restoration of people and relationships with the generation of peaceful and healing meanings that can help stakeholders in wrongdoing make sense out of suffering and move forward with a sense of purpose. An example of this process is illustrated in a victim-offender dialogue in a crime of severe violence, where meaning-building can be particularly powerful.