Moral emotions in restorative justice conferences

Abstract

This article deals with the emotional dynamics of restorative conferences, focussing on the functions of shame, as enunciated in the theories of Moore, Scheff and Retzinger. According to these researchers, the restorative justice conferences aim to redirect aggressive emotions and elicit shame and other hurt-revealing emotions that can lead to empathy. These approaches are confronted with the views of the guilt-theorists June Tangney and Roy Baumeister who argue that guilt is related to empathy and reparation, whereas shame tends to provoke avoidance or rejection of responsibility. The view that guilt is the more moral emotion appears to turn Braithwaite's theory of reintegrative shaming upside down. In accordance with recent research results of the Braithwaite group, it is concluded that guilt is an important aspect of the restorative process. But guilt has limited affect resonance possibilities, misses the other-regarding aspects of remorse and does not seem to incite the offender to reconsider his identity. In conclusion, it is argued that (reintegrative) 'shaming' is a dubious concept.

Shame and resilience among Pakeha New Zealanders

“…Research suggests that initially, such shame is generally hidden by aggression, including anger, contempt, and indignation (Van Stokkom, 2002). However, when the aggression eventually subsides and feelings of pain and anxiety are expressed, shame often appears.…”

“…Nathanson's affect system theory sheds light on the potential adaptive function of shame (Van Stokkom, 2002). Nathanson proposes that shame serves as a modulator for the positive affects of joy and interest (Nathanson, 1992).…”

“…Furthermore, it is clear from the research on reintegrative shaming that the best restorative justice outcomes come from situations in which offenders experience shame in conjunction with the love and respect of their family members. Stokkom (2002) describes a vicarious shame that is experienced by relatives of an offender who attend a restorative justice conference. This vicarious shame is considered to be a sign of the strength of the social bond between the offender and his or her family.…”

“…Family members of both the victim and the perpetrator attend the conference, and the perpetrator is confronted with the disapproval and vicarious shame of his relatives hearing about the rape. According to Stokkom (2002), the most successful outcome for victims attending restorative justice conferences is the receipt of a genuine apology. In order to offer a genuine apology, the offender must accept moral responsibility and drop all defences.…”

“…Van Stokkom (2002) attempts to clarify the relationship between shame and guilt by describing shame and guilt as "closely related emotions in many respects" (p. 340). Like Bratihwaite, Van Stokkom relates shame specifically to moral failures or transgressions.…”