"What Is Relational Justice?"

The question in the title of this post is the title of this new article authored by Samuel Pillsbury now available via SSRN.  Here is its abstract:

The relational harms of crimes of violence should be met with relational remedies; this is the aim of relational justice.  Sexual and other forms of violence do grave harm to personal relations and relational capacities.  Wrongdoers may, and should, be blamed for acts of disregard for the basic relational good of others.  The final aim of relational justice is the return of those hurt by violence to full belonging in community, and if possible, the return of perpetrators as well.  This will alter predominant views of punishment for serious crimes.

Adopting a relational justice perspective should change how guilty pleas are taken and sentencing hearings are structured.  Relational justice promises better recognition of sexual violence by emphasizing the relational nature of harm and wrongdoing.  Relational justice also provides a new perspective on race and class discrimination in criminal justice through its emphasis on the connectedness of persons and groups in community and basic obligations to look out for the relational good of others.