when should law forgive

Some join a side without being abducted, “drawn by the ideology, or by chances for action and responsibility, or even by the thrill of the violence or being part of a political effort that could offer better opportunities.” Yet those who make that choice don’t have the same level of accountability and blame as competent adults, because “growth toward adult maturity takes time” and “adolescents under the best of circumstances can both think like adults and be gripped by impulses and fears.” Minow continues, “There are problems with viewing former child soldiers or child sexual slaves” as suitable recipients of forgiveness, because “forgiveness by definition first needs acknowledgment of wrongdoing” and child soldiers may lack “the degree of psychological and moral responsibility to be treated as wrongdoers.”The promise that the restorative-justice movement has been realizing is helping perpetrators, victims, and others shaken by wrongdoing find their way to a better future.

And I think that there are many circumstances where “What do we do about it?” starts with, “Who's the ‘we’?” And why are there so many immigrants here, and why are they being punished, in part, because some in the ‘80s, many of them were induced to come here to work in the fields? Child soldiers, international law, humanitarian discussions, human rights, are filled with concern about recognizing the ways in which the children, the young adults, even if they commit horrific acts, they are not entirely to blame.

Let's develop some norms. Thank you!Examining these questions through sometimes troubling cases with compassion and acumen, Minow acknowledges that there are grounds for both individuals and societies to withhold forgiveness but argues that there are also many places where letting go of justified grievances can make law more just, not less. And the fact that he was pardoned by the President of the United States is also unforgivable. All right, so Amber Guyger was on trial for the murder of Botham Jean, who was an African American man who she confronted in his own home. I think that's unforgivable, to take away people's childhood and make them killers. Here's an instance when that power to let go of punishment should not be used.”Martha Minow: I think that to seriously talk about forgiveness is to understand that we're implicated in each other's lives, and that each of us is part of concentric circles of causation. Otherwise, self-forgiveness would be the ultimate denial of wrongdoing. But it's not about forgiveness, because it's saying, “Maybe they didn't do anything wrong.” We should be a country that welcomes anybody who's fleeing oppression in their country. They're not going to get paid most of it. How do we factor in whether or not the state, inasmuch as individuals, is an entity that has transgressed and we must forgive? I think we're living in an age of resentment. He said, you know, we have limited bandwidth in enforcing the immigration law.

And in states across this country, they're denied the vote, they're denied driver's licenses, they're denied housing, jobs, licenses … professional licenses, sometimes even custody of their children. How could she have mistaken someone else's house for hers? We share a common fate, whether we recognize it or not. You think we are so moved because it's so unusual? But in bankruptcy, we have this idea that corporations for sure, and under some circumstances, individuals, should have an ability to have a fresh start.Melissa Murray: The three specific examples that you use in the book are transitional justice, particularly the example of child soldiers in Sierra Leone and other parts of sub-Saharan Africa, where there's been ethnic conflict. I mean, that's where we start.Martha Minow: But not in law. He was unarmed at the time he was killed.So that's what I mean about, yeah, there was wrong done, but now what do we do?I think that's certainly true about crime as well.

A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness, asking whether law should encourage individuals to forgive and when the courts, public officials and specific laws should forgive. But what we really want and should talk about is how do we get past the serious injuries that the state itself has done? Forgiveness, wisely exercised, can strengthen law, democracy, and respect for the humanity of each person.Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? There's discretion all over this legal system, and we don't have rules about how that discretion should be exercised. Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive. If you don't think there was a wrong done, then we're talking about defenses or justifications or something that's not about forgiveness. This is the group that, really, it's not a good use of our resources. So I am not about that.Michael Waldman: Martha Minow joined in conversation with Melissa Murray, a professor of law at NYU School of Law.Melissa Murray: So this is a book that we have to put away until we have a new administration. I think there could be more, and certainly there already is, in all the areas where there's discretion. I think that’s what has made this country strong historically. We use the word forgiveness to forgive a debt. Here's this white police officer. I think there can be a justification for the pardon.

And instead, we talk about diversity, and the idea of a sort of benign intolerable pluralism. And it's actually gaining traction in high schools in America, too.

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