Law Commons^™

Oil And Water: Why Retribution And Repentance Do Not Mix, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Restorative Justice, Punishment, And Atonement, Stephen P. Garvey

Cornell Law Faculty Publications

Restorative justice is a way of responding to crime, and according to its proponents, it's a much better way of responding than the way they believe we now respond: through punishment imposed in the name of retributive justice. According to its proponents, restorative justice is better than retributive justice because it restores, or at least tries to restore, the victim; retribution's only aim is to punish the offender. According to restorativists, retribution ignores the victim.

I argue here for two claims. First, I argue in Part II that restorative justice cannot have it both ways: it cannot achieve the restoration …