When Should Law Forgive — Social and Economic Issues — Galsworthy Criminal Justice Reform Program

Social and Economic Issues

Overcriminalization significantly undermines human flourishing and social well-being by harming the family, social networks, and social citizenship. Additionally, it prevents capable men and women from utilizing their creative capacities in the marketplace. This creates vast issues involving relations with family while incarcerated and reintegration into society after release. On the economic side, draconian cash bail systems undermine justice through basing someone's ability to attain pre-trial release upon their wealth, not their actual threat to society.

The Laws of Forgiveness

“It can, for example, remove the disincentive on health professionals to apologize in the context of potential malpractice, by saying, “Look, anything you say is not going to be admitted into a malpractice case.” That’s not pressing the victim to forgive. It’s just making space. Another way in which the law can make space is by having restorative-justice conversations, so the victims and perpetrators can talk to each other and hear about what happened.“

The New Yorker

November 18, 2019

PersonalismPhillip ReevesNovember 18, 2019The New Yorker, When Should Law Forgive, Martha MinowComment

Social and Economic Issues

Galsworthy CJR Program

Info