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Indeed, similar logic was often used by Communist states to justify their judicial systems. The adversarial justice system of the US was an example of bourgeois

Indeed, similar logic was often used by Communist states to justify their judicial systems. The adversarial justice system of the US was an example of bourgeoisie justice, designed to uphold bourgeoisie capital relations. The Soviet judicial system was thought to be an instance of Proletarian Justice [1]. [1]: Vyshinskii on Proletarian Justice: https://soviethistory.msu.edu/1924-2/socialist-legality/socialist-legality-texts/vyshinskii-on-proletarian-justice/ https://soviethistory.msu.edu/1924-2/socialist-legality/soci...

kelseyfrog 4y ago
That's funny. The reality is that restorative justice today has its roots in specific indigenous justice practices. Specifically the Kitchener experiment in Ontario, Canada in the 1970s[1]. More than happy to hear your critique about indigenous justice systems though, since it's more relevant. 1. http://www.brattleborocjc.org/blog/indigenous-roots-of-restorative-justice http://www.brattleborocjc.org/blog/indigenous-roots-of-resto...
- Karrot_Kream 4y ago
  I wasn't being glib. I think the observation that liberal courts often favor richer entities is true. The idea that bourgeoisie capital relations need to be suppressed for true justice to occur isn't that hard to believe. The problem when justice systems try to seek some form of restitution based on an unaccountable definition of harm is a consequence. I'm of the opinion that justice requires some form of agreed standard, norms should be left up to discretion as little as possible. If you're interested in why the idea of harms and complete community based justice can have unintended side effects, I highly recommend reading Rawls (Theory of Justice.) A really fun essay in this vein that I enjoy is Joreen's Tyranny of the Structureless if you're not familiar with it already.

3 ms·

Indeed, similar logic was often used by Communist states to justify their judicial systems. The adversarial justice system of the US was an example of bourgeois

by Karrot_Kream 4y ago

kelseyfrog 4y ago
That's funny. The reality is that restorative justice today has its roots in specific indigenous justice practices. Specifically the Kitchener experiment in Ontario, Canada in the 1970s[1]. More than happy to hear your critique about indigenous justice systems though, since it's more relevant. 1. http://www.brattleborocjc.org/blog/indigenous-roots-of-restorative-justice http://www.brattleborocjc.org/blog/indigenous-roots-of-resto...
- Karrot_Kream 4y ago
  I wasn't being glib. I think the observation that liberal courts often favor richer entities is true. The idea that bourgeoisie capital relations need to be suppressed for true justice to occur isn't that hard to believe. The problem when justice systems try to seek some form of restitution based on an unaccountable definition of harm is a consequence. I'm of the opinion that justice requires some form of agreed standard, norms should be left up to discretion as little as possible. If you're interested in why the idea of harms and complete community based justice can have unintended side effects, I highly recommend reading Rawls (Theory of Justice.) A really fun essay in this vein that I enjoy is Joreen's Tyranny of the Structureless if you're not familiar with it already.