Restorative Justice P3

Philosophy, Principles, and Practices

Michigan Department of EducationSegment 3: Restorative Justice Principles

1. Introduce Restorative Justice (RJ) Principles and the academic theories behind its use.

2. Underscore the universal applicability of RJ Philosophy and Principles.

3. Apply RJ principles to real-life situations in school settings.

Training Goals

Although restorative justice is based on ancient practices, modern academic research affirms its foundational principles.

The following slides offer very cursory summaries of complex theories developed by leading researchers from sociologists and criminologists to educators and youth development specialists.

This is certainly not the entire list of theories that apply. As RJ becomes more integrated into

mainstream society, more scholars will surely expand this listing.

Theories from Many Disciplines Point to RJ Benefits

Bronfenbrenner’s Human Ecology Theory

Macro-system: (Think of it as the Egg Shell holding systems in place within the natural environment.)The broader culture in which the youth lives, and includes the national governmental and economic systems, broad ideological values and social norms.

Exo-system: (Like the Membrane Inside Egg Shell, it offers a second layer of protection & shaping.)External elements influencing the family but not including it. These might include the local government, predominant local religion and socio-economic status of community.

Humans develop within the social unit of a family that functions within various levels of community as represented in concentric circles below. Each level moving

out from the core has less direct influence. As we develop, humans process in-puts (energy, goods, resources) taking them in and producing different forms of energy, goods, resources or waste that are shared with the larger system. This

exchange is on-going and changes over time.

Macrosystem

Mesosystem

Microsystem

Macro-system

Environm

ent

Environment

Bronfenbrenner’s Human Ecology Theory

Macrosystem

Mesosystem

Microsystem

Meso-System: (Like the Egg White, it nourishes development and processes waste from the developing embryo while absorbing external shocks.)This layer directly impacts the individual and includes family members, schools, places of work and worship, teams, clubs, organizations and all the relationships encompassed in those places.

Micro-system: (Like the Yolk, development takes place here.)The layer in which the youth develops over time. As the youth and his/her relationships develop, the micro-system changes. This is where the core human development takes place and where energy and inputs are transformed as the youth matures.

.

RJ empowers educators and community members to get to the core (the micro-system) where human development takes place.

Maslow’s Hierarchy of Human NeedsRJ philosophy lays the groundwork for interactions that help participants achieve elements of every layer from safety through self-actualization

In 1969, sociologist Travis Hirschi proposed the idea that people control their behavior and social choices for a number of reasons. He proposes that people choose not to act on impulses to break social norms. He called his work Control Theory.

Control Theory explains that some controls are internal, such as a person's conscience and motivation to succeed; others are external, such as one's parents, friends, and legal codes.

Control Theory tells us that most people conform to their socialization and social bonds because their relationships to others in society are essential to their survival in the community.

For example, fear of potential shame on one’s family and store security might quell a person's desire to steal.

Therefore, those who are more socialized as children maintain stronger bonds with others and are less likely

to behave in deviant ways.http://www.chegg.com/homework-help/definitions/control-theory-49

Hirschi’s Control Theory

Silvan Tomkins’ Affect Theory

Toxic

Positive

Neutral

Dis-sm

ell

Anger

to R

age

Fear

to Te

rror

Disgus

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Distre

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Ang

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Sham

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Humiliat

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Surp

rise

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Enjo

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Joy

Silvan Tomkins identifies nine basic affects (emotions) most humans experience. They range from toxic—that exhaust the body and mind—to positive—that are healthy and pleasant for the body and mind to maintain (Nathanson, 1992).

“Shame is one step removed from heaven”

Note that Shame is the gatekeeper between the toxic and neutral emotions. Therefore, it can become the key to helping a young person (and those affected by his/her behavior) dispel the toxic emotions and move on to positive emotions about him-/herself and others.

But shame MUST be handled carefully.

Toxic Neutral Positive

Dis-sm

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Anger

to R

age

Fear

to Te

rror

Disgus

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Distre

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Ang

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Sham

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Humiliat

ion

Surp

rise

to

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joym

ent t

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Joy

Donald Nathanson’s Compass of Shame

Nathanson suggests that humans react to shame in one of these 4 ways UNLESS they have an opportunity to process and get rid of their shame in a constructive way.

Restorative Justice practices provide this constructive alternative for processing shame and help participants experience the more positive emotions identified earlier.

Criminologist, John Braithwaite wrote a book called Crime, Shame and Reintegration (1989) in which he proposes his theory of Reintegrative Shaming. In his book, he writes:

“Reintegrative shaming means the expressions of community disapproval. . . are followed by gestures of reacceptance into the community of law-abiding citizens. . . . Disintegrative shaming (stigmatization), in contrast, divides the community by creating a class of outcasts" (p. 55).

Braithwaite’s Theory of Reintegrative Shaming

Based strongly on Braithwaite’s and Nathanson’s work outlined above, the International Institute for Restorative Practices (IIRP) developed the Social Discipline Window, featured on the next slide.

It measures discipline as a function of Control (the verticle axis) and Support (the horizontal axis).

Bringing It all Together

TOPunitive

WITHRESTORATIVE

NOTNEGLECTFU

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FORPERMISSIVE

The Social Discipline WindowFrom The Restorative Practices Handbook page 50

HIGH

CONTROL

LIMIT SETTING, DISCIPLINE

LOW

SUPPORT HIGH

By moving from low to high on either axis, the IIRP defines acts of discipline as belonging in one of the four quadrants of the Social Discipline Window.

The IIRP suggests that discipline that is high in both Control and Support (typical of RJ interactions) provides the best learning and developmental opportunities for youth. This puts the interaction in the “WITH” or Restorative quadrant.

Navigating the Social Discipline Window

In situations where a completely restorative option is not available, the

IIRP encourages educators to try to stay above the diagonal line when possible.

Put this knowledge into action. Consider the situations below and think about, or act out, potential responses that would fall into each quadrant of the social discipline window.

If you are training with a group, discuss how you can transform each interaction to fit into the “WITH” window or at least fit above the diagonal line.

1. Student repeatedly gets up during teacher’s lecture to sharpen a pencil

2. Student is swearing openly in school setting3. Student is making fun of a fellow student4. Student has taken a fellow student’s notebook and

won’t return it as requested.

Use the Social Discipline Window

RJ has its foundations in ancient practice which is affirmed by current academic theories and studies.

This brief introduction to some of the theories affirming RJ should help you apply RJ principles to the situations on the previous slide.

If you are in a group, take 5-10 minutes to share how you felt as you worked your way through the various quadrants of the Social Discipline Window.

RJ Principles Reviewed

Which quadrant felt most comfortable to you?