LAWS 2908 Chapter Notes - Chapter 1-12: Transitional Justice, Odious Debt, Good Governance
25 May 2018
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FORGIVENESS, LAW AND JUSTICE
People always apologize for things they do wrong in their day to day life. forgiveness is pivotal
in a lot of things. there are human costs to an unforgiving law on the criminal defendant as well
as on the law enforcer. All kinds of people from all different backgrounds decided whether
someone is worth forgiving or not depending on the amount of power they have in society .. for
example, a politician vs a middle-class man doing the same wrong. which one is more likely to
have a scandal? Forgiveness expresses generosity of spirit. Forgiveness is a 1`renewable and
non-depleting resource from either the victim, wrongdoers or whoever is involved in a wrong.
Although forgiveness is this great thing it has limits like everything else in life. People that show
no remorse usually try the limits of forgiveness. Limits to forgiveness are usually seen in social
practices, people always have the power to forgive but not the ability. Public or pressure can bto
forgive can be a new way of victimization, which Denys the victim their own choice to choose
whether to forgive or not. Forcing people to forgive indirectly or directly can be misdirected and
1lead to more pain for the victim. Should law encourage people to forgive one another and
should law be used to forgive people for wrong doing, or is it a mistake to promote greater
connections between law.
What is forgiveness
Conscious, deliberate decision to forgo rightful grounds of grievance against those who have
committed a wrong or harm to someone. Forgiveness is meant to be a choice made by the victim.
Forgiveness helps offenders forgive themselves, and stop them from being isolated. It can help
the person who was harmed to not be resentful, helps them feel empowered because of the
choice to let go and also helps them regain a connection. When people choose not to forgive that
can also be very empowering. Forgiveness involves a shift in attitudes and relationships. can
governments participate in forgiveness according to the definition? For people that are religious,
forgiveness, tolerance and mercy are very prominent. It is very hard to forgive, but in many
religions, it is an honored practice. Not forgiving can lead to the fair expectation of
accountability and fairness making it very difficult to let go of defenses. The desire of revenge
can be looked at as a way to seek JUSTICE. A wrong should be made right. And intented harm
should be met with consequences. this idea is very central to law. Laws can be a tool for
harmony, compassion and human growth thus converting suffering into opportunity.
The act of killing?
Mascaras that started in Indonesia in 1965, these killed an estimate of about 2.5 million people.
This is looked at as another extent of cruelty that defies understanding.
South Africa Truth and Reconciliation Commission(TRC)
Forgiveness has attracted global attention and debate in many social science disciplines.
Promises and limitations of joining forgiveness. Over three years of its operation, it invited
victims to come tell their stories. Also, it invited offenders to apply for amnesty, preventing
criminal charges, conditioned on showing how their actions were limited to and proportional to
political motivations. The people who made it hoped it would prevent cycles of revenge by
giving public what they wanted to hear that something was being done. The TRC was very
flawed but it offered a forum for discovering and revealing past wrongdoing by both the
government and its opponents.
Critics of TRC
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• It was very impartial: (The fact that both former and current rules were distressed by
aspects of the TRC final report perhaps the strongest evidence that it did was it did its job
in a fair and impartial manner according to ZYL)
• Seemed to assist a nation otherwise might have descended into civil war, some people
wondered if efforts at forgiveness simply covered wounds the TRC intended to heal
• Inspired transitional justice efforts in other countries in Africa like Rwanda, sierra Leone,
Liberia.
• TRC created an atmosphere of engagement and a process inviting proximity between
individuals that permitted informal conversations, including some offers of apologies and
forgiveness
Now transitional justice efforts make forgiveness, one of their many themes.
Roles law plays in forgiveness
Legal rules may penalize those who apologize. In doing this makes forgiveness unlikely. Law
can also give people chances to meet together so they can apologize and forgive. Law can enact
forgiveness by also forgiving, and not for ex: charging someone or giving them parole or bail.
• When people are trying to get a divorce, and get a mediator to help them talk abt it, even
if they do get a divorce or reconcile, they usually find the capacity to forgive
• A victim may decline to prosecute not out of forgiveness but out of fear of reprisal.
Prosecution can procced regardless of victim’s desires. But the law could turn to the
victim later on and introduce forgiveness to reduce punishment
• Legal system sometimes declines to prosecute, ex: someone in jail for the possession of
something that later becomes legal for ex: Kush. the government can also enact amnesty
or a general pardon before prosecution. Amnesty my express forgiveness.
• A doctor makes an error during surgery, the law prescribes negative consequences but the
admission for his wrong can be seen as an ADMISSION. This is called an APOLOGUY
LAW. An apology encourages a patient or patient’s family to release grievance and grant
forgiveness.
• When an act of crime against humanity happens, legal institutions could collect victims
impact statements for history and memories. Law can say they will pardon someone who
comes up and says what they did. Or get a lesser sentence which is kind of like a plea
deal.
Does using law promote to forgiveness wrongly impose burdens?
Pressuring anyone to forgive is oppressive. What happens to accountability, truth when someone
is forced to forgive? Law is made to articulate and apply predictable norms. Participating in a
law like stuff affects human relationships for ex: people involved in a lawsuit, it can be
emotionally draining, push parties further apart, magnify negative emotions that exist. For ex: a
divorce or child custody.
How does societal forgiveness compare with interpersonal forgiveness?
comparing personal forgiveness to political forgiveness can lead to a lot of disagreement.
Because a person operates very differently from a country. So, I wonder why people that speak
for nations still use interpersonal terms when talking abt the state and forgiveness. Forgiveness
means abandoning your right to pay back the wrong. a person in a position of leadership can be
able to convince the collective to reach forgiveness. a 1`leader who forgives in the name of other
people may help others release how they feel but may also create more resentment. Institutions
are more likely to effectively promote societal forgiveness than an individual person. Using law
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