07/15/2019
Minow (Between Vengeance and Forgiveness ), former dean of Harvard Law School, offers a thoughtful and well-reasoned treatise on forgiveness as an alternative to traditional legal remedies. She begins with the question of forgiving youth, specifically child soldiers in Africa and American gang members. Minow explores a number of perspectives, considering young offenders’ individual responsibility and the knowledge that they are also victims who have often been coerced, seduced, or kidnapped. Taking as a legitimate goal the opportunity for young offenders to have a constructive future, she advocates for the development of separate juvenile justice systems, restorative justice mechanisms, and truth commissions. In a similar vein, she argues that forgiving unmanageable debt loads owed by governments and individuals alike can yield better economic results than exacting payment at any cost, despite the risk that it could make some consumers act recklessly. On the topic of amnesty, she weighs the societal gains and risks, using as examples the amnesty for Vietnam draft avoiders and Gerald Ford’s pardon of Richard Nixon. Though her theories are abstract in some ways, she connects them to topical subjects including presidential self-pardons, immigration, and the legalization of marijuana. Minow’s compassionate, knowledgeable, and nuanced examination of the gains that may follow policies that substitute forgiveness for rigid legal remedies is groundbreaking and should provide a useful framework for future policy makers. (Sept.)
"Minow’s new book thoroughly explores one enduring means of conflict resolution that is far too often overlooked: forgiveness."
Law360 - Judge Ketanji Brown Jackson
"No one but Martha Minow could have written this brilliant, and brilliantly readable, meditation on the role of forgiveness in the law and of the law in forgiveness… [showing how] to move forward and rebuild while both remembering the past and getting past it."
"[When Should Law Forgive? ] will help readers understand the thorny complexities of forgiveness under law."
"In a world of noise and confusion, animated by vengeance, Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion."
"In a book at once compassionate, nuanced, and tough-minded, Martha Minow brings together in an illuminating conjunction a set of issues that at first glance seem to have nothing whatever in common: horrific crimes committed by child soldiers, corporate and student debt, and presidential pardons for unrepentant criminals. All of these, as Minow brilliantly shows, raise the same pressing and contentious question: For what offenses and under what conditions should a just legal system offer forgiveness? This is a legal minefield through which When Should Law Forgive? provides an indispensable guide."
"In this time, so shaped by reactionary and ‘call-out’ cultures that foster harsh, virtue-signaling condemnation of others, this brilliant book carries a profound reminder: for a diverse society to cohere as a humane society, it has to have the capacity—rooted in law—to forgive and reconcile. This book’s inspiring discussion of how the law can do this is a beacon to that more humane society."
"Martha Minow’s work on how societies can recover from large-scale tragedies and human-rights violations has been transformational.… Her insights are smart, thoughtful, and rooted in a deep, nuanced understanding of what justice sometimes demands."
2019-08-07
The law in this country, writes Minow (In Brown's Wake: Legacies of America's Educational Landmark , 2010, etc.), is already inclined to forgive legal misbehavior in the matter of debt, allowing for bankruptcy proceedings in the place of erstwhile debtors' prisons. That there is stigma attached and that those who go through the process may find their credit ruined for years does nothing to diminish the fact that those with legitimate claims against the debtor are forced into a system that may pay them pennies on the dollar. Thus, while's there no reason to take joy in bankruptcy, at least it's a possibility that all parties settle on. Things are different when it comes to murder, individual or mass, as with the genocidal killings in parts of Africa a generation ago, when Archbishop Desmond Tutu and other leaders organized campaigns that forgave while not forgetting. Minow examines when it is appropriate for legal institutions to press for forgiveness rather than punishment. For example, what of the case of child soldiers, kidnapped and pressed into service in terrible campaigns in conflicts throughout the world? "To ask how law may forgive is not to deny the fact of wrongdoing," writes the author of this and other problems. "Rather, it is to widen the lens to enable glimpses of these larger patterns and to work for new choices that can be enabled by wiping the slate clean." Throughout, Minow writes evenhandedly. She observes that in the instance of presidential pardons, one vehicle for forgiveness, it all hinges on lack of corruption—lack that could not be demonstrated in the instance of Donald Trump's pardon of disgraced Arizona lawman Joe Arpaio, nor by Bill Clinton's pardon of big-ticket donor Marc Rich. Forgiveness works, Minow holds, but only when it is clean, unforced, and willingly extended.
A solid, accessible contribution to the literature of restorative justice.
