Principles of Restorative Justice

Principles of Restorative Justice

Category: Tsm’syen Law Page status: Working

Purpose

This page outlines the principles of restorative justice as understood within Tsm’syen law. It records how harm is addressed through responsibility, repair, and balance rather than punishment or exclusion.

This page does not establish courts, penalties, or enforcement bodies.

General principles

• Harm creates imbalance.
• Justice seeks restoration, not retaliation.
• Responsibility is collective as well as individual.
• Resolution prioritizes repair of relationships.
• Law aims to restore balance within the Nation'.

HARM

Recognition

• Harm may affect individuals, houses, clans, land, and relationships.
• Recognition of harm is the first step toward restoration.
• Denial or concealment of harm prevents resolution.
• Harm is understood in social, cultural, and spiritual terms.

RESPONSIBILITY

Accountability

• Responsibility requires acknowledgment of actions and consequences.
• Accountability is expected from individuals and their houses.
• Avoidance of responsibility prolongs imbalance.
• Responsibility is tied to repair, not shame.

RESTORATION

Repair and balance

• Restoration seeks to repair what has been damaged.
• Repair may include apology, compensation, service, or other appropriate actions.
• Restoration is guided by ayaawx and witnessed practice.
• Balance is the measure of resolution.

RELATIONSHIP

Community context

• Justice operates within relationships.
• Resolution considers ongoing relationships between parties.
• Separation or exclusion is not the primary objective.
• Restored relationships strengthen the Nation.

WITNESS

Legitimacy

• Restoration requires witnessing.
• Witnesses confirm acknowledgment, process, and outcome.
• Witnessing prevents private or coerced resolutions.
• Public memory supports accountability.

ROLE OF ELDERS

Guidance

• Elders may guide restorative processes.
• Guidance draws on memory, precedent, and restraint.
• Elders do not impose outcomes but support balance.
• Trust limits the scope of guidance.

LIMITS

Boundaries

• Restorative justice does not excuse harm.
• Restoration does not remove responsibility.
• Failure to restore balance may require further action.
• Persistent harm undermines trust and*