| RIVISTA SEMESTRALE - ISSN 2421-0730 - ANNO X - NUMERO 2 - DICEMBRE 2024

Giustizia della forza e giustizia del dialogo tra punizione e riparazione

DI VALENTINA BONINI

 ABSTRACT Having mentioned the intrinsically violent connotations of criminal justice (both in the method of proceeding and in the objectives pursued), the matrix will be recovered in the modern projection of the vengeful reaction to the offence, to underline how history and legal anthropology give us a framework in which the victim/community can react to an offense against fundamental goods according to two alternative directions: revenge or reconciliation. In public criminal justice systems, the vindictive ascendancy has been privileged, while the need for reconciliation, which is also a need for justice, has been neglected and/or reduced to the sole performance of compensation. Restorative justice seems to offer an answer to this, which gives people back a role in the reaction to the crime, to the extent that they want to start a process of dialogue and mutual recognition with the aim of an outcome that can heal and overcome the experience of victimization. 

KEYWORDS Criminal justice – Violence – Victim – Revenge – Reconciliation and reparation – Restorative justice 

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