Combining the ethics of care and restorative justice theory and practice: the case of domestic violence

• Autores: Blanca Ybarra Elío
• Directores de la Tesis: María Eugenia Rodríguez Palop (dir. tes.), Carlos Lema Añón (codir. tes.)
• Lectura: En la Universidad Carlos III de Madrid ( España ) en 2020
• Idioma: español
• Tribunal Calificador de la Tesis: Susanna Pozzolo (presid.), Javier Dorado Porras (secret.), Maria Luisa Iglesias Vila (voc.)
• Programa de doctorado: Programa de Doctorado en Estudios Avanzados en Derechos Humanos por la Universidad Carlos III de Madrid
• Materias:
  • Ciencia política
    • Teoría política
  • Ética
    • Ética de individuos
      • Ética filosófica
  • Filosofía
    • Filosofía social
      • Filosofía política
• Enlaces
  • Tesis en acceso abierto en: e-Archivo
• Resumen

  • The ethics of care is a moral theory that conceives of individuals as embedded in relationships and is concerned with how individuals ought to behave in relationships. The thesis argues that the ethics of care can serve as the philosophical foundation for restorative justice theory and practice, which seeks to address criminal wrongdoing through constructive and reparative actions and healing conversations including all the people affected by the wrongdoing. Both the ethics of care and restorative justice emphasise the importance of relationships and acknowledging the moral standing of all parties. This thesis pays particular attention to the case of domestic violence, as it is considered controversial to apply restorative justice practices to domestic violence and shows how the ethics of care can treat this case in a responsible and sensitive way.

    Chapters 1 and 2 of the thesis outline the ethics of care and discuss the idea of care and the role it plays in the work of Sara Ruddick, Nel Noddings, Joan Tronto, and Carol Gilligan. The thesis considers the ethical dimensions of caring, including attentiveness, responsibility, competence, responsiveness, solidarity and trust. The thesis examines the relational ontology of care ethics – that it conceives of agents as interdependent – and the fact that it is a contextual moral theory. All of this is discussed through the lens of a particular approach to care ethics – “transformative care”.

    Chapters 3 and 4 of the thesis analyses restorative justice theory and practice. Focused on the accounts of John Braithwaite and Margaret Urban Walker, who stress the importance of personal experiences for effective reparations, including a full account of the violence and the identification of the causes of the wrongdoing. The thesis argues for a conception of restorative justice that highlights its transformative nature and its potential for resisting injustice. It also discusses the problems with using restorative justice in the context of domestic violence and how these can be resolved.

    Chapter 5 brings together the ethics of care and restorative justice theory and practice. Through a critique of Walker’s attempt to do this, this thesis argues that the ethics of care can serve as the philosophical foundation for restorative justice theory and practice if a “transformative care” approach is adopted. “Transformative care” approach challenges traditional ideas that have appeared in the history of ethics such as the split between reason and emotion and the devaluation of emotion; the public-private distinction; and the notion of the self as developed from a self-sufficient perspective. It also demonstrates that restorative justice could be relevant in case of domestic violence if “nonviolence transformative care” is implemented.