66 Pages Posted: 2 Apr 2013
Date Written: January 1, 2007
This article is about the story the Dakota people tell about the terrible truth of the Dakota - U.S. War of 1862, and how we might engage it today through restorative dialogue - the living heart of restorative justice practices that have begun to sweep across the world. Restorative justice practices are deeply influenced by certain Indigenous practices such as, most notably, the talking circle practiced in various parts of North America. The author later explains restorative justice in more detail with the premise that restorative justice acknowledges the damaged relationships, as well as the wrongdoing and focuses on healing for those involved, including communities and offenders. Applied within the criminal justice system, restorative justice shares the concern of retributive justice with putting right the wrong that has been done, but restorative justice takes a broader and deeper approach.
Keywords: Restorative justice, healing, dialogue, talking circle, indigenous people, Dakota, American Indians
JEL Classification: D63, J52, K11, K00
Suggested Citation: Suggested Citation
Vogel, Howard J., Healing the Trauma of America's Past: Restorative Justice, Honest Patriotism, and the Legacy of Ethnic Cleansing (January 1, 2007). Buffalo Law Review Vol. 55, p. 981, 2007-2008. Available at SSRN: https://ssrn.com/abstract=1940021