Journal of Law, Religion and State - Volume 2, Issue 3, 2013

This paper discusses the interpretation of the Constitution of the Shia Imami Ismailis via the constitutionally established institutions of the Conciliation and Arbitration Boards (CABs). It views the Constitution as a variety of non-scriptural “religious text” and discusses the social and historical context of the community, the Constitution and the CABs. The paper argues that the structure and operation of the CABs are designed to balance diverse local and contextual factors within the tradition and doctrine of singular Imamat authority and that, in so doing, the interpretational system of the CABs demonstrates how religious texts may be understood in ways that accommodate plurality and community engagement while still preserving hierarchy and authority.

Are the norms of Jewish religious law grounded in reason and values? In classical rabbinic discourse, justifications for laws – whether by direct reasoning (sevara), or more commonly, by scriptural derivation (Midrash) – are prevalent in most extant collections, where they serve to express underlying values. Justifications are rare, however, in the core document of the tradition, the Mishnah. But the absence of overt justification should not be taken to signify a lack of an underlying value-laden worldview. Careful analysis of an unusual mishnaic clause reveals a message about the reasonableness and significance of the rabbinic “half-damage” rule, sharply divergent from the plain meaning of the biblical text, which is perceived as inherently unfair. This serves as an instructive example of how exploring the Mishnah as a work of literary art can reveal the reason and values of halakhic norms.

The present article discusses restorative justice as a distinct way of looking at criminal justice, in particular at imprisonment. It aims to explain how and why some of the fundamental goals of restorative justice, such as reconciliation, reintegration, encounter, and forgiveness are more compatible with the Christian doctrine than with most present approaches to crime. Exploring the conceptual relationship and the contribution of Christianity to the promotion of restorative justice, and vice-versa, a second practical compatibility emerges between Christianity and imprisonment, with reference specifically to the restorative justice programs developed by faith-based organizations behind prison bars in New Zealand and South Africa.

Although the article is written from a Christian perspective matching the clear (Christian-oriented) nature of the programs where the qualitative data derive from, it is not intended to be exclusionary. Restorative justice has application beyond the Judeo-Christian dogma and its principles are deeply embedded in all major religions. But Christianity is undoubtedly dominant both in restorative justice and in prison settings, as it has been constantly involved in the spread and delivery of numerous in-prison restorative justice programs worldwide.