"Narrating the Spirit of Justice”

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“Narrating the Spirit of Justice”

CARL S. STAUFFER1

Regional Peace Network – Southern Africa

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I INTRODUCTION

If one were to take a cursory glance at the discourses that dominate the studies of

religion and justice, one might conclude that both of these disciplines lend themselves to

‘worldviews’ of polarities. Hence, some readers of this paper may already be feeling a

discord when the conceptions of ‘spirit’ and ‘justice’ are joined together. The division

between that which is ‘secular’ (non-religious) and that which is ‘sacred’ (religious) is

often presented as compartmentally definitive and therefore, separate. Thus, in many

circles of thought, the process of satisfying human ‘justice’ is conceived of as a public,

secular undertaking and the process of spiritual ‘transformation’ is relegated to a private,

sacred happening that occurs within the confines of specific religious strictures.

This paper argues that dichotomous thinking of this kind imposes artificial

categorisations on the realities of human existence, inter-relationship, and connectivity;

all of which are core values of, and inextricably intertwined with people-centred justice.

Blaise Pascal once said: ‘Our hearts have reasons; that reason will never understand.’

Instead of seeing the many parts that make up a collective whole, the polities of faith and

legal justice practice often tend to splinter and fragment these diverse facets of life (the

so-called ‘sacred’ and the ‘secular’ elements) that can only truly be understood and fully

1 BA (Social Work & Religious Studies) MA (Conflict Transformation); Co-ordinator of the Regional Peace Network – Southern Africa under the auspice of the Mennonite Central Committee, an International Faith-Based Relief and Development Agency working in Africa since the 1960s.

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appreciated when embraced as a cohesive totality. Affiliation for this integrated

perspective of life can be found in the words of Duncan B. Forrester,

‘A public sphere from which religion is excluded is deprived of a great source of

determination, hope and vision.’ 2

This paper aims to present an alternative view to the current conceptions of

justice; its nature, values, and how it is accomplished. The Author promulgates the

following arguments:

1. That genuine human justice is inherently a ‘spiritual’ endeavour,

2. That the service and results of justice will be enhanced by intentionally

introducing certain elements and skills of spiritual formation into the

process, and

3. That it is in the crucible of the spiritual practice of justice that the space

for human transformation is opened up, and religious coercion is guarded

against.

II HISTORICAL CONTEXT

Before venturing further into this paper, it is imperative that a brief historical context

be established. The very conception of justice is rooted in the spiritual. The current

global legal system (primarily based on variations of western Roman-Dutch law and

thought) is in fact built on the foundations of ancient religious values that gave definition

and meaning to life and the relational practice of community. Much of the modern legal

system and the international human rights charters are based on ancient codes of law

whose roots go back to the Law of Moses which is shared by three of the world’s

2 D B Forrester ‘Christian justice and public policy’ 10 Cambridge Studies in Religion and Ideology (1997) 30

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monotheistic religions. The ‘secular-sacred’ divide in the public discourse and the

administration of justice has its origins in Greek thought where a legal-philosophical

worldview epitomised the idea that the human condition can be compartmentalised into

dual worlds – the physical and the spiritual.

With the rise of the post-modern age, this dichotomous view of reality has begun to

lose its credence, fading into the shadows of a pluralistic existence. It is the author’s

belief that the rise of Restorative Justice3 as a burgeoning field of theory and practice in

the last three decades is symptomatic of this shift in thinking about what it means to be

‘holistic’ beings. The locus of life-meaning emerges out of networks of synergetic

linkage between the material, relational and symbolic realms of thought and action.

Precipitated by the rise of Restorative Justice, we now see a global movement that is

rapidly surfacing ancient forms of indigenous justice practice – all of which have deep

spiritual roots.

III SPIRITUALITY, JUSTICE AND THE MEANING OF LIFE

‘The myth of secularisation is dead,’4 so says Harvey Cox. Author Michael Hadley

turns the very categorisation of secularisation on its head by referring to it as a ‘faith’ in

and of itself:

‘By relegating religion to the sidelines of public discourses and the formulation of

public policy, the state enthrones secularism as the dominant faith.’5

Going even further, Jerold Auerbach speaks of the American Legal Sector as follows:

3 H Zehr Changing Lenses: A New Focus for Crime and Punishment (1990). According to Zehr Restorative Justice sees ‘crime as a violation of people and relationships. It creates obligations to make things right. Justice involves the victim, the offender, and the community in a search for solutions which promote repair, reconciliation, and reassurance.’ 181 4 H Cox ‘The Myth of the Twentieth Century: The Rise and Fall of Secularization’ in Gregory Baum (ed) The Twentieth Century Theological Overview (1999) 135-143 5 M L Hadley The Spiritual Roots of Restorative Justice (2001) 3

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‘Law is our national religion; lawyers constitute our priesthood; the courtroom our

cathedral, where contemporary passion plays are enacted.’6

The assumption that spiritual practices utilised within the justice system transgress the

ideal boundaries of true objectivity, pure neutrality, and ‘value-free’ judgements, all of

which are held in sacred esteem from within the current legal worldview, is no longer

valid. In fact, one could argue that the very enterprise of the current western legal system

has as its core mission to propagate and enforce a particular religio-philosophical dogma;

a set of beliefs that are primarily concerned with making sense of the human condition.

This is inherently a spiritual enterprise in at least two ways:

1.) The global legal justice system bestows upon itself the moral authority to define

the notions of ‘right and wrong’ (good and evil) in the reality of human relations

in the world.

2.) Adding to this dividing line of truth and falsity, this same system and its

caretakers are entrusted to enforce legal codes that give them the mandate to

establish guilt and blame as well as apportion punishment and pain – even

sanctioning the taking of life.

The pivotal point here is this: spirituality and systems of justice share a common

purpose; both of them are attempting to define a comprehensive philosophical and

existential explanation for the nature of humankind, the meaning of life, and the moral

laws that govern the very relations of human beings. As Hadley states:

‘Formulations about law and order, about individual freedom and social cohesion all

imply sets of values…This is especially acute in the legislation and administration of

criminal justice. For by legislating and practicing justice, societies articulate their key 6 J S Auerbach, Justice without Law? (1983) 9

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values; these values include the nature of the human person, the meaning and purpose

of human life, and the limits of behaviour which society will tolerate.’7

To this end, it is folly to suggest that one can extricate the spiritual scaffolding out of the

theory and practice of genuine human justice.

IV JUSTICE NARRATIVES THAT LIBERATE

Restorative Justice Practice becomes the conduit or channel through which a

genuine relational justice is spiritually narrated. In the words of Michael L. Hadley,

‘The hallmark of Restorative Justice is ongoing transformation: of perspectives, of

structures, and of persons.’8

If one subscribes to the idea that our ‘preferred realities’ are produced through a process

of ‘narrated social construction’,9 than the current western legal system represents a meta-

narrative; a dominant, all-encompassing story of the human experience and expression of

justice. Restorative Justice then functions as a ‘subjugated narrative’; an alternative,

counter narrative (truth) of the reality of human justice. Foucault’s seminal work10 on

power emphasizes the ‘disciplinary’ nature of dominant narratives that govern the social

thinking and behaviour of whole societies. This disciplinary power creates bondage, a

forced uniformity through social silencing, scorn, derision, editing or erasing of all that

resists the status quo.

To understand what this author is calling ‘Spirit-Justice’, the justice debate must

be reframed; a new language must be nested in new images of justice. ‘Spirit-Justice’ is

7 Hadley (n 5) 5 8 Hadley (n 5) 8-9 9 For further reading see J Freedman & G Combs Narrative Therapy – The Social Construction of Preferred Realities (1996) and J Winslade & G Monk Narrative Mediation – A New Approach to Conflict Resolution (2001) 10 M Foucault Power/Knowledge: Selected interviews and other writings (1980)

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defined as a process whereby the ‘Divine’ or ‘sacred’ dimensions of justice are given

voice and expression resulting in a meta-physical transformation of souls, mind-sets and

group interactions that is sustainable in the long-term. Peter Gabel, summarising this kind

of needed justice paradigm shift states:

‘Our problem is…finding a way to heal the cultural alienation that has disabled us

from creating a loving and caring society…we need to envision a new kind of

legal culture that preserves individual liberty against group-sanctioned injustice

but that also understands the legal arena as a moral environment within which to

build greater empathy, trust and solidarity.’11

It is thus precisely in the surfacing of a genuine restorative justice narrative that one can

explore and possibly (re)discover the spiritual essence of justice.

V RELIGIOUS DISTORTIONS OF RESTORATIVE JUSTICE

For the sceptic, there may be confusion between this author’s understanding of

‘Spirit-justice’ as a process that leads participants to constructively engage with their own

and other’s faith (a spiritual dialogue that may lead to change) and the tactical use of

religious coercion or manipulation (an attempt to force other participants into religious

professions or activities that are not of their own choosing). Some religious groupings

have attempted to use restorative justice processes as a tool (means to an end) for spiritual

conversion. The distortion here is not the act of religious conversion (a process that when

entered into as a matter of voluntary dialogue and choice can be seen as a positive by-

product of Spirit-justice work). The concerning issue here is the assumption that the act

of ‘doing justice’ is not in and of itself a sacred (Divinely inspired) activity, 12 and even

11 J Consedine Restorative Justice: Healing the Effects of Crime (1995) 11 12 Micah 6:8 The Holy Bible New International Version (1973, 1978, 1984) 854

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more disturbing is the underlying notion that ‘force’ is an appropriate means to

accomplish the ends of personal spiritual change.

Suffice it to say, any activities utilised in the justice process that involve

deliberate force against the free-will of the participants must be understood as

undermining Restorative Justice’s core praxis value of providing an unencumbered ‘safe

space’ for all parties involved. In fact, force can never be seen as a spiritual value or

activity that truly transforms. The ‘Spirit’ of justice entails opening up liberating spaces

of spiritual dialogue that invite transformation, not enforcing regulated religious dogma

on those with opposing views.

Spirit-justice practitioners must learn to manage religious, ideological, and

cultural-ethnicity divides (between parties, or between themselves and either party).

Managing these kind of deep-seated divisions involves the ability to hold in tension a

strong emphasise on their ‘unconditional’ (and non-partisan) commitment to being active

mediators, while at the same time keeping an open forum for the parties to explore,

debate and dialogue around their own spiritual experience without forced prescription.

VI IMAGES THAT TRANSFORM THE VALUES AND PRAXIS OF JUSTICE

Many efforts have been made to encapsulate the values and practices of

Restorative Justice in relation to religious or spiritual frameworks.13 This paper suggests

13 Michael Hadley speaks of the values of forgiveness, transformation of situations, personal responsibility, healing, reconciliation, vindication and negotiation in The Spiritual Roots of Restorative Justice (2001)10. D W van Ness and K H Strong have developed an integrated value/praxis restorative justice framework in their book Restoring Justice (2002) 56: Encounter Amends Reintegration Inclusion Meeting Apology Acknowledging human

dignity and worth An invitation

Narrative Changed Behavior Providing material assistance

Acknowledgement that the person invited has unique interests

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that the ‘Spirit’ of Restorative Justice is manifest in a set of core values, which can be

encapsulated in the images of an anchor, a reservoir, and a beacon, for those seeking to

find justice. The anchor image speaks to the necessary moorings of personal safety and

security that are so critical to the recovery of all parties affected by crime and violence.

The reservoir image describes the essentials of networks of relationships or community-

building that must accompany restorative justice processes. Finally, the beacon image

indicates the pivotal hope of well-being, harmony and life-purpose being restored.

This author proposes that whilst it is common knowledge that the overarching

Restorative Justice principles may overlap with many faith presuppositions, yet it is

precisely the core values of Restorative Justice Praxis itself, which can both open up the

space for spiritual growth while simultaneously safeguarding the abuse of Restorative

Justice from religious manipulation. And it is within the ‘wisdom’ of the above

mentioned three images that we can access these safeguards against a counterfeited and

twisted use of Restorative Justice. David Cayley captures these sentiments well when he

states that, ‘Moral commitment is too precious not to be put in the service of reality.’14

(1) Image one: an anchor of safety and security

Severe trauma, violence or acts of crime have a ‘dis-membering’ effect on the

persons involved. Often there is an unalterable physical wounding or scarring which is

compounded by deep rifts in emotional stability and the psychologically reflex to trust the

Emotion Restitution Offering moral and

spiritual direction Recognition that he or she might want to try alternative approaches

Understanding Generosity Agreement Ann Skelton & Mike Batley outline the following set of restorative justice values: participation, respect, honesty, humility, interconnectedness, accountability, empowerment and hope in Charting Progress, Mapping the Future: Restorative Justice in South Africa (2006) 146-148. 14 David Caylay The Expanding Prison (1998) 365

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relational configurations that surround the victim. Many victims of trauma speak of their

world (the purpose of life and human relationships) as being turned ‘upside down’ after

the experience of trauma. Research indicates that almost all victims of trauma world-

wide (regardless of culture, nationality or religious affiliation) ask a certain set of

questions in the healing process. One of these core questions has to do with a crisis of

faith and destiny, ‘What does this mean for me and my outlook (my faith, my vision of

the world, my future)?’15 In short, those who experience grave injustices are often swept

into a wave of existential doubt and confusion. As Archbishop Desmond Tutu so aptly

puts it, ‘We live in a moral universe after all.’16

In the process of justice, the need for personal safety is both physical (in the case

of war or direct threat to life and limb) and psychological-emotive (in the case of fear,

intimidation and situations where freedom of expression is repressed). Any restorative

justice process will require that these dimensions are attended to. Healing in extreme

trauma involves a delicate and time-consuming journey of taking the splintered pieces of

a ‘dis-membered’ life and ‘re-membering’ (putting back together the splintered pieces) of

the painful story in order to restore meaning, purpose and order in one’s life. This is the

heart of restorative justice.

However, the nurturing of a ‘safe-space’ for the exercise of ‘re-membering’

requires that the affected persons be ‘anchored’ (grounded) in the ordinary everyday

human activities and rituals that give significance to life.17 An anchor image infers that

there must be a central point of attachment and stability – an embedded place that does

not vacillate even though all that surrounds that point of steadfastness may be in flux.

15 Zehr (n 3) 27 16 D Tutu No Future Without Forgiveness (1999) 17 K & E Bartsch Stress and Trauma Healing Manual (1996)

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The most foundational anchors are the life-routines of sleep, food preparation, chores,

scheduled work, education, and physical exercise (sport). Other anchor-forms are the

more ethereal expressions of meaning that come through visual or performing arts,

reading, writing, and other hobbies of leisure and reflection. One of the most critical

‘anchors’ in the trauma recovery process involves tapping into the ‘roots’ of spiritual

faith traditions, rituals and ceremonies. Thus, in order to build an anchorage of security

for participants, restorative justice practitioners would be well advised to encourage

participants to constructively engage with their own faith or value systems as a key to

recovering justice and healing.

(a) Case study one: ‘anchors amidst a religious divide’

The context was Johannesburg, South Africa, in an urban, centre-city community

caught in the cycles of gangsterism and violence. Fourteen year old Celwyn killed his

neighbour and friend, Abdulai, (who lived three houses down the road) in an accidental

knife stabbing spurred on in part by older boys of the community who were on the

margins of the gangs. Celwyn was from a Christian home and Abdulai from a Muslim

home. Both families engaged in a restorative justice process that ended in a survivor-

offender mediation and reconciliation meeting. The mediators, both Christian spent

seventeen hours in contact time over a period of months preparing both families for the

three hour encounter that followed. Both mediators (an experienced social-worker and

minister) played the roles of trauma debriefer, counsellor and mediator throughout the

process.

After the completion of the mediation interface, both families expressed their

deep appreciation for the encouragement they received from the mediators to draw from

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the powerful role of prayer and forgiveness – shared spiritual disciplines that they held in

common from their respective religious traditions. These spiritual resources (anchors)

were very instrumental in the reconciliation drama that unfolded for these two families.

Here we see an example of the intentionality of the mediators who invited the conflicted

participants to engage in a set of shared spiritual disciplines that carried significant

meaning and healing properties for both parties represented.

(2) Image two: a reservoir of relational networks and community building

The reservoir analogy congers up an image of boundless water supplies; both

deep and wide that can be dipped into when in times of want or need, and that which

provides a vital life-giving force. This could also serve to describe the importance of

human community. Bernard Brady links community and justice by insinuating that

justice is concerned with ‘restoring the moral bond of community.’18 Much of the

contemporary justice crisis revolves around the fact that the current justice system cannot

and does not build genuine community; it can only supply a pseudo-community that

coalesces around the unfolding legal drama and then quickly dissipates.

Those caught in the chasms of criminal and social breaches sorely need to find a

sense of community. In many African traditions the individual is essentially defined by

the collective. Spirit-Justice is a conduit for the social construction of webs of human

connectivity which have been referred to as ‘imagined communities’19 that manufacture

drive and motivation for human existence. Speaking of a young disconnected First

Nations offender who went through the restorative justice process of a ‘Circle’ in his

indigenous culture, Judge Bria Huculak summarised the profound impact of this

18 B V Brady The Moral Bond of Community (1998) 19 B Anderson Imagined Communities (1983, 1991)

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community building enterprise: “Thus a community has been constructed for him, and for

the first time he has hope.”20

This spiritual ‘hope’ that emerges out of the restorative justice encounter hinges

on the politics of ‘recognition.’ In the socio-psychological realm, recognition

(acknowledgement) plays a masterful part in identity formation and the creation of image

– the sense of self in relation to others. This basic function of identity and image

production must necessarily originate from community. A restorative justice process that

is attentive to the spiritual pulses in and among those who are participating will provide

the vehicle for this community recognition to surface. In the words of Judge Huculak:

‘I am reminded here of Charles Taylor’s view that ‘non-recognition’ or

‘misrecognition’ can inflict harm, can be a form of aggression imprisoning

someone in a false, distorted and reduced mode of being.”21

For those who have been harmed (the victims) the recognition required by them is clear:

they need to know that what happened to them was wrong and that their distress is

normal and justified. They need to receive reparations or restitution in some form,

counselling and emotional support. This is what we call vindication.

For the one who has caused the harm, the kind of recognition needed is more

subtle and nuanced. The dominant public narrative of retributive justice would declare

that the only recognition reserved for the offender is isolation, humiliation and / or

physical punishment (the infliction of pain). The spiritual practice of restorative justice

unearths another form of recognition that is essential to the process of healing – the

20 B Huculak ‘Epilogue: Justice as Hope’ in M L Hadley (ed) The Spiritual Roots of Restorative Justice (2001) 220 21 Huculak (n 20) 221. See also C Taylor ‘The Politics of Recognition’ in Amy Gutmann (ed) Multiculturalism Examining the Politics of Recognition (1994) 25

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notion of shame.22 Shame is a complex human emotion. The many forms of indigenous

justice that are currently being revived around the world indicate that shame was and is a

primary feature used to motivate change. However, research has now established that

there are different kinds and uses of shame. There is what one might call an ‘alienating

shame’ (negative) and there is what one might call an ‘integrative shame’ (positive).

Alienating shame would be distinguished by ‘ceremonies of degradation’23 featuring acts

of societal isolation and direct, public humiliation of the person. This sort of shame is

highly damaging to core issues of identity, image and dignity. Alienating shame feeds

into, and off of the cycles of revenge violence that repeat themselves in social conflict;

often being transmitted from generation to generation.

Integrative shame on the other hand, encapsulates Spirit-Justice by separating the

behaviour (acts) of harm as wrong while at the same time acknowledging the potential

dignity and worth of person who committed the offence. Integrative shame is

transformative in that it sets the stage for perpetrators to recognise the painful extent and

consequences of their actions (repentance or remorse) while at the same time always

opening up possibilities for their own rehabilitation, restoration and reintegration back

into community. Integrative shame can surface an experience of heightened moral failure

and crisis, which in turn can lead participants into a personal, voluntary journey of

spiritual conversion. Authentic spiritual conversion involves embracing a worldview that

encompasses the intuitive ‘faith’ in a higher spiritual power beyond oneself, which in turn

translates into greater connectivity and accountability to maintaining a harmonious

community support network.

22 G Kaufman Shame – The Power of Caring (1992) 23 R Ross Returning to the Teachings – Exploring Aboriginal Justice (1996)

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(a) Case study two: ‘am I my brother’s keeper?’24

On Sunday, April 27, 1997 in front of about 500 community members, former

policeman Brian Mitchell committed himself to rebuilding the community at Trust Feed

in KwaZulu Natal where he was involved in the massacre of 11 people in 1987. Mitchell,

who was station commander at a nearby police station at the time, was sentenced to 30

years in jail for his role in the attack. He was released from prison in December of 1996

after receiving amnesty from the TRC. While in prison Brian had a spiritual conversion

and expressed his sorrow publicly to the families of his victims at his amnesty hearing.

He then went on to express a willingness to meet with the community to make things

right. Also, in his amnesty application Mitchell had expressed the wish to reunite the

Trust Feed community and assist in its upliftment. This momentous encounter was

arranged by the South African TRC staff and a professional mediator.

The meeting procedure was simple. It started with prayer and singing. Then the

community was invited to tell their stories and ask questions of Mitchell. In return Brian

was given an opportunity to make a statement and respond to the queries of the

community. Community reactions were varied from anger and grief to amazement that

Mitchell mustered up the courage to come and face the community and how rare it was to

have a former perpetrator actually ask for forgiveness. Although, Mitchell was

unemployed at the time, he committed himself to work with government, his Church and

other community agencies on behalf of the community and its development. In the words

of two observers:

24 Genesis 4:9 The Holy Bible (n 12) 4

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‘The meeting ended after four hours. An old man with a cane had been listening

intently from the front row. He walked forward with halting steps, took the

microphone and praised the TRC for setting up this meeting. He also thanked

Brian Mitchell for his bravery in coming to the community. He said he felt

relieved that the process of reconciliation had begun. People then peacefully

dispersed. It seemed that a start had been made. It seems that when this kind of

face-to-face meeting occurs, when confession is made, when people acknowledge

the humanity of one another, when the offer of restitution is made and carried out,

then reconciliation can begin. Our hope and prayer is that it might happen in

many more communities and in the hearts of individuals as well.’25

But this was not the last time the Trust Feeds community ever saw Brian Mitchell again.

Two years later, in the PACSA (Pietermaritzburg Agency for Christian Social

Awareness) Easter 1999 Newsletter a short feature article was printed under the title

‘Reconciliation in Action.’ Above a picture of Brian Mitchell and a community woman

shaking hands the caption read, ‘Reconciliation Day - 16 December 1998 - saw a service

of reconciliation in commemoration of the Trust Feeds massacre…The top left photo

shows Mrs. Makhoba Idah telling Mr. Brian Mitchell: "I forgive you, Brian…"’

Brian Mitchell did go back to face the Trust Feeds Community and this

strengthened the bond between himself and the community. Eventually, after his apology

and the community’s response, Mitchell was able to offer limited material restitution and

support to assist in the development of the Trust Feeds Community. At that point, among

many other things, Brian experienced integrative shame. He realised that he was in fact

25 K & E Bartsch ‘A Journey Towards Reconciliation’ (1997) 43 Southern Africa Regional Newsletter a publication of Mennonite Central Committee

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truly his ‘brother’s keeper’ and the moral bond of community was restored in a small, but

powerful way. However, it was not only interpersonal relations that were restored in this

case. A spiritual connection was achieved that transcended the racial, cultural and

economic boundaries that had historically demarcated community interactions in South

Africa. This is what even the ‘secular’ media referred to as the ‘miracle’ of South Africa.

In the interest of building a reservoir of deep community relationships, faith-based

Restorative Justice Practitioners must learn to activate their potential to build bridges

across deep philosophical and religious divides. This potential ‘bridge-building’ function

is best unearthed in the conceptual framework of ‘pluralism’ and the practical skills-sets

around ‘sustained dialogue.’ Diana Eck gives description to this religious pluralism:

‘Unlike plurality, pluralism demands our active engagement with each other.

Pluralism calls us to seek to understand our neighbours and not simply to demand

tolerance or merely condone another’s presence. Unlike relativism, pluralism

involves real commitment to one’s own well-grounded faith; unlike syncretism, it

respects difference. Finally, pluralism is based on interreligious dialogue, a

dialogue of real encounter.’26

Herein lays the crux of the process whereby the spiritual heartbeat of justice is narrated

with integrity and value.

(3) Image three: a beacon for harmony, well-being and life-purpose

A beacon projects a far-reaching beam of light which provides a form of

navigation, guidance or direction to those travelling in the dark. In the spirit of fostering

Restorative Justice as a beacon for harmony, well-being and life-purpose, practitioners

have the incredible opportunity of being, as it were, ‘midwives’ in the activation of the 26 D L Eck Encountering God: A Spiritual Journey from Bozeman to Banares (1993) 190-199

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possibility of restoration (‘resurrection’) of people’s sense of inner and outer ‘shalom’

and life direction. Hadley refers to the notion that ‘many religious traditions regard the

exercise of justice as an exercise of grace.’27 This spiritually transformative process does

not lend itself to clear formulations – it is more easily experienced than defined. In the

words of Conrad Brunk:

‘Offenders, victims, families, mediators, judges and lawyers who participate all

speak of the ‘magic,’ or ‘deeply spiritual’ aspects of the events which take place

when offenders come to terms with the pain they have inflicted on victims or their

families and express repentance, and when victims of crime or their families

experience personal healing from offenders’ acts of repentance and from their

own ability to forgive.’28

In many indigenous and religious worldviews, harmony refers to the collective

system of relationships being in right order as a well-balanced system. For example, the

Christian Scriptures speak of the Church as being one body with many parts (members)

in unity - each of the parts of the whole being important.29 Crime or violence then

becomes the breach of relationships that causes the human community to go into a state

of imbalance. In this way, when the relational balance is restored at a collective level,

individual transformation will necessarily be complete also. Thus, corporate restorative

justice processes can be understood as a form of spiritual correction or adjustment

necessary for personal transformation.

27 Hadley (n 5) 5 28 C G Brunk ‘Restorative Justice and the Philosophical Theories of Criminal Punishment’ in M L Hadley (ed) The Spiritual Roots of Restorative Justice (2001) 10-11 29 I Corinthians 12: 12-26 The Holy Bible (n 12) 1052

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The current legal framework would give strong credence to the concept of ‘moral

judgement’ as a very important characteristic of astute justice practice. However, in this

case, moral judgement is understood to emerge from objective reasoning, fairness and

‘blind’ impartiality. Judge Bria Huculak turns this notion on its head by inferring that

when one moves in the realm of Spirit-Justice moral judgement is actually heightened. In

her words:

‘Restorative Justice can point the way to a more harmonious way of responding to

conflict – a way which combines reason with feeling. Empathic connectiveness is

critical in enhancing moral judgement.’30

In Restorative Justice practice when all parties to the conflict begin to listen to each other

with empathy (a motivation to genuinely understand the other) there soon follows a

gradual shift in heart and mind-set and the spiritual climate of the conflict is opened up

for patience and grace to be extended one to another. This shift is what one calls ‘role-

reversal’ (‘to walk in the shoes of another’ as it is referred to in the First Nations groups).

When a role-reversal transaction has occurred, moral judgement is improved.

Coupled with the role-reversal process is the pivotal yet controversial issue of the

forgiveness factor in the justice process. In faith-based or religious justice practice, the

forgiveness transaction, more than any other issue has been seen as ripe for distortion and

manipulation. At all times, forced forgiveness is a highly destructive practice, especially

in situations of severe trauma or violence. It is praxis imperative not to prostitute or short-

change the need for both ‘truth’ and ‘mercy’ in Spirit-justice work. As a restorative

justice practitioner one is compelled to lead the conflicting parties through the crucible of

truth; to ‘sit in the fire’ of the demand for justice and to bear the cross of anguish 30 Huculak (n 20) 222

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morphing into hope. As the old adage reminds us, ‘One needs to feel the heat before they

can see the light.’ One cannot have mercy at the expense of the truth. There is no ‘short-

cut’ to genuine reconciliation.

However, a considerable body of research knowledge is now developing that

shows that the dimension of forgiveness in the human healing process has very high

psychological-emotional benefits. Far beyond the accusation that forgiveness is an

obscure and outdated teaching of religion that should be done away with, the forgiveness

factor has emerged as a powerful antidote to personal and communal harmony, well-

being and life purpose. Dr. Everett Worthington and other notable authors31 have spent

their careers researching the forgiveness process in situations of personal trauma, self-

help support groups and in the international political realm and have developed working

models for forgiveness that add considerable depth to this discussion. With careful

education and appropriate application Spirit-Justice practitioners can carefully and

sensitively open the space for voluntary forgiveness to be transacted for the benefit of one

or all parties involved.

The more a person experiences psychological-emotional harmony and well-being,

the more likely they are able to discern a sense of life-purpose. For the Spirit-Justice

practitioner the restorative justice process has travelled full circle when the parties

involved arrive at the place where they can find life meaning out of their experienced

turmoil, pain and loss. Finding ‘beauty out of ashes’ is an ancient spiritual journey or

discipline found in many world religious traditions – it is understood as a higher spiritual

31 E Worthington Jr. (ed) Dimensions to Forgiveness (1998) and The Five Steps to Forgiveness (2001); G Muller-Fahrenholz The Art of Forgiveness (1996); J C Arnold Seventy Times Seven (1997); M Henderson The Forgiveness Factor (1996) and Breaking the Chain of Hate - Forgiveness (1999); F L Shults & S J Sandage The Faces of Forgiveness (2003); D W Shriver An Ethic For Enemies (1995); R G Helmick & R L Petersen (eds) Forgiveness and Reconciliation (2001).

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plane of existence in that one is able to transcend the suffering of this world. Bria

Huculak puts this notion forward as follows:

‘Nevertheless spirituality is something deeply ‘felt’; it is here an emotional

response that develops from a shared experience of creating something positive

from the criminal event.’32

It is precisely this spiritual state of being and knowing that allows broken people

to transform into healed people and as a direct result society at large becomes more

‘whole’ – more balanced and just. In the words of Mike Batley:

‘Without ever minimizing the reality of a crime situation, it is possible to trust

God to bring something good out of it. As we do this, we begin to participate in

God’s wisdom.’33

This then becomes the crowning jewel of Spirit-Justice practice – the victim journeys

from a mere survivor to a healer and the offender journeys from reprobate to a

rehabilitated ‘repairer of the breach.’

(a) Case study three – ‘bringing beauty out of ashes’34

On the fateful night of this tragedy, Joel was driving late one night with his young

children and some of their friends in the car. They were returning home from a birthday

party. At a stop street a man (Thabo) walked out in front of the car and collapsed,

apparently under the influence of alcohol. Joel had to get out of the car to assist Thabo in

order to drive on. Being that is was night, Joel took his licensed firearm with him for fear

that this may be a crime set-up. When Joel attempted to help, Thabo became belligerent

32 Huculak (n 20) 222 33 M Batley Reflection 5: Moving from fear to hope and wisdom (2005) Taken from Notes for Reflections on Radio Pulpit for Restorative Justice Week 34 Isaiah 61:3 The Holy Bible (n 12) 686

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and a tussle ensued that resulted in Joel’s firearm accidentally being fired - killing Thabo.

Joel maintained that the scuffle and the shots arose in the situation and were entirely

unplanned. However, the court did not accept his version, and convicted him of murder,

which carries a minimum of 15 years prison sentence in South Africa.

As Joel was keen to explain his version of events to the family of Thabo, and

because they were open to this, the probation officer decided to hold a victim-offender

conference that involved all parties. This was a highly emotionally charged encounter

which ended in the family of Thabo accepting Joel’s version of events and his

unconditional apology. Peace was re-established between them.

The parties were able to come to an agreement that included Joel paying for the

funeral expenses and for the tombstone of Thabo. This payment obviously does not bring

Thabo back, and is no indication of the value of his life, but it is a tangible way in which

Joel can demonstrate that he accepts responsibility for what happened and can put the

wrong right. The agreement also indicated that Thabo’s family did not regard Joel as a

danger to the community and were not convinced that he needed be sent to prison. The

probation officer presented this agreement to the court as an addition to his pre-sentence

report. After due consideration, the court imposed a sentence of correctional supervision

in lieu of prison which included the agreement that the parties had come to in the

restorative justice mediation process.

In this kind of case the occurrence of revenge killings could be a high probability.

Instead, a cycle of violence was averted and harmonious relationships between the

families of Joel and Thabo were restored. In fact, in a dramatic presentation of this case

study hosted by the Restorative Justice Centre (who functioned as the mediators),

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Thabo’s mother publicly declared her forgiveness of Joel and called him her ‘son’ as a

result of this tragedy. Not only was harmony restored, but as a result of Joel not having to

serve time in prison, his family did not have to experience the loss of husband and father.

Plus, Joel was able to continue working to provide for the economic needs of his family.

All of this contributed to a re-emergence of his ‘life purpose’ and future ‘hope'. Finally,

Thabo’s family, while never fully able to replace the loss of life, did experience a positive

degree of ‘well-being’ in the forgiveness transaction and restitution that Joel was able to

offer. All of these outcomes are spiritual gifts to the generations to come.

VII CONCLUSION

In summary, Hadley describes Spirit-Justice this way:

‘Restorative Justice, with its principles of repentance, forgiveness, and

reconciliation, is instead a deeply spiritual process. It is never an easy way out;

neither for the offender, the victim, nor the community. It requires all of us to

come to grips with who we are, what we have done, and what we can become in

the fullness of our humanity. It is about doing justice as if people really mattered;

it addresses the need for a vision of the good life, and the Common Good.’35

It is this author’s premise that when one abides by the praxis principles explored in this

paper, it will not only protect Restorative Justice from the potential for religious abuse,

but it will also invite all parties involved in Restorative Justice encounters to a higher

standard of both spirituality and humanity.

‘Your people will rebuild the ancient ruins, and will raise up the age-old foundations,

You will be called Repairer of Broken walls, Restorer of Streets with Dwellings.’36

35 Hadley (n 5) 9 36 Isaiah 58: 12 The Holy Bible (n 12) 683

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