Posts tagged with: jurisprudence

Blog author: jballor
Friday, August 8, 2008
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On an episode of NPR’s Talk of the Nation last month, professor Jay Parini of Middlebury College discussed his role in the criminal justice sentences given to students who were involved in the vandalism of the former summer home of renowned poet Robert Frost.

Some of the younger students involved took part in a class on Robert Frost as part of an alternative sentencing plea agreement. As Prof. Parini says, “It’s a sort of unique punishment, talk about the punishment fitting the crime.”

Be sure to listen to the show to get the details of the whole story. This sounds to me like a perfect example of jurisprudence, that is, wisdom in the application of law. By connecting the offenders to the reality of Robert Frost’s life and work, the real impact of what they had done was communicated to them.

The potential for alternative sentencing agreements like this is just one of the possibilities I discuss in a newly published essay, “To Reform or to Abolish? Christian Perspectives on Punishment, Prison, and Restorative Justice,” Ave Maria Law Review 6, no. 2 (Spring 2008): 481-511. In that piece I lay out a basic scheme for understanding the different Christian approaches to restorative justice, particularly with regard to the relationship between punishment and restoration, along with some of the theological and practical implications for these various streams.

“It seems obvious that from a perspective of personalism,” I write, “relevant contextual differences should be considered in sentencing, and judges should have the ability to exercise prudential judgments on such matters.”

The case of the Frost house vandals underscores the value of this perspective, contrasted with that which emphasizes strictly controlled mandatory sentencing, especially for minors and youths. As Parini also says, “Poetry is about reparation and restoration.” The task for the prudential administration of justice is to balance and coordinate the necessity of punishment as an end in itself and as an instrument oriented toward reconciliation.

As an aside, I might also note that Prof. Parini would do his regular college students better service to teach them as he taught the offenders. Talking about his treatment of the Frost poem, “The Road Not Taken.” “When I teach the class to my students at Middlebury, it’s a you know sophisticated group, I do a fairly post-modern reading of the poem…. In a post-modern reading of that poem it’s more complicated.”

But in teaching the class of offenders Parini emphasized the recognition of metaphoric and symbolic values as a necessary part of coming to grips with the realities and responsibilities of life: “I realized these kids are at a very simple level here and Frost is confronting one of the issues that we have moral choices breaking in front of us at every moment.” This latter approach does more justice, so to speak, to the duties of the moral imagination than the sophistry of a post-modern reading, in which there is really no “wrong” road to take.

The theme of this issue of the Ave Maria Law Review is “The Constitutionality of Faith-Based Prison Units,” and there are some valuable resources for coming to grips with a practical dilemma facing the relationship between church and state in America. Another noteworthy and timely essay in this issue is Edward E. Ericson Jr.’s “The Enduring Achievement of Alexandr Solzhenitsyn.”