Tag: Justice

The legal system is designed to protect men from the superior power of the state but not to protect women or children from the superior power of men.

It therefore provides strong guarantees for the rights of the accused but essentially no guarantees for the rights of the victim. If one set out by design to devise a system for provoking intrusive post-traumatic symptoms, one could not do better than a court of law. Women who have sought justice in the legal system commonly compare this experience to being raped a second time.

We do not ask the questions that are central to transformative justice: Why has harm occurred? Who is responsible (beyond the individual perpetrator — as in, how is community implicated)? How can this harm be prevented in the future?

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We must invest deeply and fervently in the dignity of human life. We must not give in to the urge to do harm, even in justice’s name. We must recognize, name, and transform the instinct to humiliate, harm, and coerce those we see as bad or as wrongdoers. No one is disposable.

Sharing the traumatic experience with others is a precondition for the restitution of a sense of a meaningful world. In this process, the survivor seeks assistance not only from those closest to her but also from the wider community. The response of the community has a powerful influence on the ultimate resolution of the trauma.

Restoration of the breach between the traumatized person and the community depends, first, upon public acknowledgment of the traumatic event and, second, upon some form of community action. Once it is publicly recognized that a person has been harmed, the community must take action to assign responsibility for the harm and to repair the injury. These two responses – recognition and restitution – are necessary to rebuild the survivor’s sense of order and justice.