Abstract
As a value-driven and transformative approach to criminal justice, restorative justice is inherently philosophical. Despite this, however, its philosophical underpinnings remain underdeveloped. This manuscript argues for the necessity of grounding restorative justice in moral philosophy, specifically through the framework offered by Martha Nussbaum’s capabilities approach. The paper first addresses the fragmented nature of restorative justice values, suggesting a new uniform framework centered on respect, equality, agency, and active striving. It then explores what victims are materially owed in the restorative justice process, advancing Nussbaum’s list of basic capabilities as a foundation. However, the central aim of this manuscript transcends these two objectives: the capabilities approach is grounded in human dignity, and this ideal must permeate how every facet of restorative justice is understood. By integrating human dignity into restorative justice practices, this paper seeks to revolutionize its principles and procedures, ensuring a more comprehensive and coherent approach to addressing crime and its implications for individuals, offenders, and communities.
Recommended Citation
McFeely, Reed
(2026)
"Restorative Justice, Human Dignity, and the Capabilities Approach,"
Acta Cogitata: An Undergraduate Journal in Philosophy: Vol. 13, Article 3.
Available at:
https://commons.emich.edu/ac/vol13/iss1/3