Increasingly critics of mass incarceration are confident that restorative justice is an alternative that will slowly replace or reform the state’s monopoly on “justice.” It is particularly of restorative justice as an “alternative” to state retribution that I remain skeptical. To my eyes, restorative justice has within it no revolutionary power remotely sufficient to undo the embedded ideology of retribution, nor does it bear any promise of truly challenging the material power of the state and the prison industrial complex. Restorative justice is a powerful, therapeutic practice that creates healing for individuals and exposes the stark failure of the state’s rehabilitative enterprise. However, we must cease to see it as a structural alternative that will take the place of incarceration. Though it is a useful tool for undermining the retributive narrative of the state, it is insufficient to meet the challenges of ever-encroaching state legality and mass incarceration.
– by Mark Bray –
Germany has a prohibition against advocating for Nazis publicly. That doesn’t mean that Germany is a closed society where people can’t say whatever they want to say. You can have some prohibitions against speech without going all the way. In the context of an increasing number of hate crimes — the Southern Poverty Law Center cited over 800 such crimes immediately following the election of President Trump — the idea is that the people who carry out these crimes are listening to Richard Spencer speeches, going on Stormfront websites, imbibing this hateful doctrine, and that, to the degree that we can shut it down, we will have fewer people copy-catting them into attacking vulnerable populations. Most people would agree that it was acceptable in the 1930s and 1940s to organize armed resistance to the Nazi regime. The question is: how terrible does it have to be before that becomes legitimate? And the anti-fascist answer is: you need to nip it in the bud from the beginning.