This month we are half way through our exploration of Biblical Justice. In the last two months, we dealt with Social and Environmental Justice. After this month’s study of Restorative Justice, we’ll move on to Economic Justice and conclude with Distributive Justice. Biblical Justice cannot be fully understood apart from these five components; none of the five justices can stand alone.
What do I mean by the phrase Restorative Justice?
Restorative justice grows out of the way, God deals with sinners and their victims. Throughout the Scriptures it is clear that God repeatedly comes back, time and time againto gather the people of Israel and bring them home, to restore them to the community of the kingdom of God. Restorative justice is two pronged: it deals with the wrongdoer to be sure; it also addresses the needs of the victim for reparation and restoration to wholeness. (I use the word “reparation” in its original definition — to repair or replace something that is broken: to make amends.)
The idea that justice is administered with the goal of returning and restoring the wrongdoer to the community stands in stark contrast to the way most modern societies administer justice. In America, it seems we take pride in establishing a system of justice intent on delivering pain and suffering, on punishing the wrongdoer. We do so in the belief that the threat of severe punishment up to and including death will deter others from committing the same wrongful acts. We call this form of justice punitive or retributive justice. We set out to seek our pound of flesh, make the wrongdoer “Pay for their crimes” and satisfy our need for retribution and vengeance. Retributive justice flies in the face of God’s command that we “judge not, lest we be judged.”
Dealing with the wrongdoer.
Society needs to be protected from wrongdoers; victims require protection from those who would do them harm. Restorative Justice separates the wrongdoer from society until that person can be safely returned. Incarceration is used to provide a place for rehabilitation, repentance and reform.
Holding wrongdoers accountable.
Restorative Justice calls upon wrongdoers to acknowledge the harm they have caused, confess their sins and demonstrate a willingness to “go and sin no more.” Restorative Justice nurtures the social skills and tools that will enable the wrongdoer to return and resume a positive place and role in society. Restorative Justice calls for reparations (in the contemporary sense of doing whatever is necessary to make amends.)
Tending the needs of the victim.
Victims require as much or more attention than wrongdoers. They have suffered loss, whether material, social, emotional or spiritual. Restorative Justice focuses attention and resources on restoring the victim to wholeness and their return to society as fully functioning survivors.
Restorative Justice demands reparations (in the archaic sense of repairing or replacing what has been broken.) Restorative Justice seeks reconciliation for the victim, a genuine mending of a torn heart and spirit, healing from pain and suffering endured and compensation for loss. This typically involves
- a genuine acknowledgement of the victims’ loss, pain and suffering,
- the affirmation by society that the wrongdoer will be held accountable, and
- political efforts to put policies and systems in place that will minimize further instances of this. (Legislation addressing a social issue often carries the name of an individual who has come to symbolize the pain and suffering. The Amber Alert is an example.)
Restorative Justice provides opportunities for the victim to express anger and grief. It also supports victims in their spiritual growth and capacity to accept what has happened to them and eventually to move toward forgiveness not vengeance. In forgiving, victims are freed from the grasp and control the event holds on their lives — sometimes for extraordinarily long periods of time.
What does the Bible say about Restorative Justice?
It would not be stretching the point to say that the entire biblical narrative is about restoring the people of Israel and their Christian descendants to their rightful place in the kingdom of God.
The Torah sets forth the covenant between God and old people — rules setting forth the way the people of God should live.
The Hebrew wisdom literature and hymns, writings like Psalms and Job, are overflowing with praise for the God who liberates from slavery, guides through wilderness, forms into community, and accompanies into the promised land.
The prophets have one single theme throughout all of there are prophecy in preaching and proclaiming: God loves all people and will go to extraordinary lengths to restore them to intimate community with the sacred in the Kingdom of God.
Jesus clearly had a passion for proclaiming the kingdom of God for healing those who could not gain entrance, for forgiving those barred from entrance, for associating with the outcasts and little people of society. Jesus execution and sacrifice are understood by all Christians to carry notions of atonement (at–one–meant.) Jesus reconciles us to God. Jesus life and ministry are Restorative Justice.
Here are just a few of the hundreds of Scripture passages that might be used to discuss Restorative Justice.
Flood.
The story of the flood (Genesis 9) ends with God establishing a new covenant with Noah and his descendents forever. In other words, God restores humanity and all creation to a relationship of love and grace. The rainbow reminds us that no matter what, God will not give up on us. That’s Restorative Justice.
Eye for an Eye.
There is an extended section in the Sermon on the Mount (Matthew 5:27-48) that addresses how we are to deal with “retributive Justice.” It is here that Jesus says: “You have heard that it was said, ‘Eye for eye, and tooth for tooth. But I tell you, do not resist an evil person. If anyone slaps you on the right cheek, turn to them the other cheek also.” (39-40.) That’s Restorative Justice.
Repentance and the Kingdom of God.
“The time has come,” he said. “Quote the kingdom of God has come near. Repent and believe the good news!” (Mark 1:15) This single sentence captures the entire Gospel Jesus came to proclaim. Repent — turn around, live differently, rethink — wrongdoers and sinners and those estranged from God are to be restored to the realm where God is in charge. That’s Restorative Justice.
Vengeance.
In Romans 12, the Apostle Paul is crystal clear that our Criminal Justice system is to be based on transformation and rehabilitation rather than punishment and retribution.
“Therefore, I urge you, brothers and sisters, in view of God’s mercy, to offer your bodies as a living sacrifice, holy and pleasing to God this is your true and proper worship. Do not conform to the pattern of this world, but be transformed by the renewing of your mind. Then you will be able to test and approve what that God’s will is his good, pleasing and perfect will.” (1-2).
After spelling out the implications of this transformation in the way we live, Paul concludes this chapter, by saying: “Do not take revenge, my dear friends, but leave room for God’s wrath, for it is written: ‘It is mine to avenge; I will repay,’ says the Lord.” (19) That’s Restorative Justice.
What is the United Church of Christ Stand on Restorative Justice?
The UCC is a strong advocate for and supporter of efforts to transform our current delete penal system in order to realize the promise of restorative Justice. This is especially true in relation to capital punishment and the death penalty. The General Synod has addressed the inadequacies of our current legal system to restore victims to wholeness and criminals to society on numerous occasions.
Is anyone really happy with our current Criminal Justice system? We continue to stigmatize those who’ve done their time and paid for their crime. We put people on lists and publish their names. These lists continue the mentality of punishment when we need to be supportive of efforts of repentance and transformation.
Do we as a society adequately address the needs of the victims of crime? Adopting the Biblical perspective of Restorative Justice would move us in that direction! Where does capital punishment fit in God’s justice? Are we protecting society, detering crime, playing out “an eye for an eye” style vengeance? The Synod has consistently said, “No!” God’s love is filled with mercy and grace. God’s justice requires restoration for both victim and wrongdoer.
D Gene Kraus 