Restorative Justice & Student Services: Whole Campus – Whole Student CACUSS May 26, 2015

Justice Who’s needs are being met? How are they being met?

Last Lecture Values Achieving childhood dreams Work and Play Well Together

Democracy and Justice (Braithwaite, 1999) The lived experience of modern democracy is alienation. The feeling is that elites run things, that we do not have a say in any meaningful sense. … In an unreflective democracy where the political imagination is limited to bigger doses of punishment as a cure for crime [wrongdoing] … democracy is impoverished.

Restorative Justice and Responsive Regulation (Braithwaite, 1999) What our experience with restorative justice has taught us is that there is a rich diversity of things that citizens want out of a just process that they only come to grasp through serious deliberative engagement with it, by listening to the arguments and experience of others and then reflecting on their needs and aspirations for decent outcomes.

The World Until Yesterday Jared Diamond, 2012 What can state based societies learn from traditional societies? … if you see possible value … your role as an individual is to join movements promoting these values and processes …

The World Until Yesterday Jared Diamond, 2012 State Based SocietyTraditional Society Literate CultureOral Culture Direction (goal setting)Meaning (story telling) Abundance (wealth)Enough (potlatch) Empirical Studies Direct Experiences Mechanical process Human processes Power – Power - To assert your will To be all you can be

Power and Justice State Based SocietyTraditional Society Extrinsic MotivationInternal Motivation External SanctioningInternal Sanctioning (rewards/punishment)(internalized codes of conduct – values) Power: Assert your willPower: Inner will To be your best

Professor Liz Elliott (2011, p. xii) “ … I learned that the problems were much deeper than a flawed criminal justice system and that our work needed to begin in our relationships with each other and the natural world and, most importantly, with ourselves.”

Relational Theories Relational Theory (Llewellyn, 2008) Motivational Postures (Braithwaite, Braithwaite, Gibson & Makkai, 1994) Procedural justice (Tyler & Blader, 2000) Social Identity theory (Tajfel & Turner, 1979) Self-categorization theory (Turner et al., 1987) Re-integrative shaming theory (Braithwaite, 1989; Ahmed, Harris, Braithwaite & Braithwaite, 2001) Unacknowledged shame (Scheff, 1994)

Multi-dimensionality of relational dynamics Relationship with self (intra-personal) Relationship with others (inter-personal) Relationship with community (intra-group) Relationship with institution (or state) (intra-superordinate group)

Relationship with Institution: Motivational Postures Motivational postures are not fixed characteristics of a person, but are the result of the dynamic interplay between persons and regulatory bodies who want to influence their behavior (Braithwaite, Braithwaite, Gibson & Makkai, 1994). Commitment Capitulation Resistance Disengagement

Relationship with Institution: Motivational Postures Commitment: Moral obligation to act in the interest of the collective and complies as a virtuous citizen Capitulation: Accepts the authority as legitimate and complies as a “law (rule) abiding” citizen Resistance: Doubts the intention of the authority; defiant and argumentative Disengagement: Disenchanted with the authority; defiant and escapist

Relationship with Institution: Motivational Postures CommitmentCapitulationResistanceDisengagement Social Distance

Motivational levers Institutions Communities Social Control (Order) Social Engagement (Relations) Rules (external sanctioning) Values (internal sanctioning) Punishment (exclusion) Restoration (inclusion) 3 rd party decision making 1 st party decision making Reason trumps emotion Reason for emotion Power (Individual) Power (Group)

What Questions are asked? Institutions Communities Social Control Social Engagement What rule has been broken?Who has been hurt? Who did it?What are their needs? What do they deserve?Who’s obligation? Little Book of Restorative Justice (Zehr)

Motivational Focus Institutions Communities Social ControlSocial Engagement Human Capital Social Capital 3 R’s3 R’s Task OrientedRelationship Oriented WHAT WHODo you want to be?

Security and Harmony Institutions Communities Social Control Social Engagement Power = Social OrderPower = Human Potential Physical SecurityOntological Security Safety Belonging Fear Love Retribution Compassion

Democracy Renewed: A community of practice 1.Widen the circle – democratize it, pluralize it. 2.Put the problem in the center, not the person. 3.Shift the emphasis from material to symbolic reparation – remorse, apology, love and even spiritual healing.

Democracy Renewed: Shifting politics of institutional life 1.Institutionalize circles to enable all affected citizens to participate in solving problems 2.Where appropriate, facilitate the personal becoming political. 3.Foster social movement politics as vehicles for active responsibility and citizenship. 4.Engage the disenfranchised within communities of care.

Power of Belonging “humans are the champions of kindness” given the chance … brains like helping the group more than the self … when we feel we belong, that we matter, we put our best self forward. We can act with courage and compassion, taking responsibility for behavior, in respectful and kind ways. Dr. Jamil Zaki