NCJ Number
180046
Journal
Theoretical Criminology Volume: 2 Issue: 1 Dated: February 1998 Pages: 5-27
Date Published
1998
Length
23 pages
Annotation
This paper seeks to establish connections between John Braithwaite's theory of reintegrative shaming, the recent interest in relational justice, and the ethic of care of feminist philosophy and critically examines sentencing and corrections policies in Great Britain.
Abstract
The discussion uses Heidensohn's presentation of the figures of Portia and Persephone to represent the ethics of justice and of care, respectively. It argues that recent developments in criminological theory and new practices in various criminal justice systems represent a distinct shift from a masculine (Portia) to a feminine (Persephone) method of accounting for and responding to offending and that the contrast between the two reveals exactly what would be expected from Carol Gilligan's discussion of the different voices of masculinity and femininity. It then presents empirical findings on victim-offender mediation, family group conferencing, and Japanese approaches to social control to argue that procedures that allow for the expression of caring as a response to offending are both theoretically well-founded and practically feasible. The discussion concludes with a critical examination of the current trend in sentencing and correctional policies in Great Britain and argues that avoiding another major increase in incarceration requires supplanting Portia with Persephone. Notes and 94 references (Author abstract modified)