Homo moralis strikes back: Risks with homo economicus in restorative conflict resolution

A1 Journal article (refereed)


Internal Authors/Editors


Publication Details

List of Authors: Jokinen Heidi
Publisher: Taylor & Francis
Publication year: 2020
Journal: Studia Theologica: Scandinavian Journal of Theology


Abstract

Restorative justice presents a morally relevant method for alternative
conflict resolution. However, this potential is not always applied
fully. Instead, the practice may be used in ways foreign to it. This
claim comes to the fore in the practice of restorative justice in
domestic violence cases. Despite the persistent feminist critique of it
the practice is widely offered. This suggests that the practice can
cater to needs not originally depicted in the rationale of it. This
paper works out of a wittgensteinian approach and argues that there is a
confusing language use going on around mediation. The argument is based
on an analysis of public talk of mediation in Finland which shows that
it is predominantly conducted in the light of homo economicus. This is
problematic. The paper suggests that instead of referring to mediation
in terms of homo economicus, the value of it should be counted in terms
of homo moralis. This is what restorative justice originally intended to
do. The paper establishes a new perspective on the critique of
restorative justice in general and offers a fruitful way forward.


Keywords

domestic violence, Ethics, Homo economicus, Homo moralis, Restorative Justice

Last updated on 2020-07-04 at 08:54