The ghosts, in Brontë’s Wuthering Heights, attest to an unacknowledged cultural crime- and consequent trauma- that must be both remembered and revenged: classdivision. Brontë’s servant character Ellen Dean’s story of masters/mistresses and servants, into which she inserts the story of her own underprivileged life, expands to a history of the crimes committed by both the feudal yeomanry and industrial middle class against servants. This article aims at examining the servant’s role as Nemesis, in which she unleashes her desire for retribution for the wrongdoing, hubris and undeserved good fortune of her social superiors. Her surname, ‘Dean’, alludes to the fact that she wreaks her retribution not merely as an individual, but on behalf of an institution or community. Yet as the agent of retribution, Ellen must renounce lawless retaliation. Genteel Lockwood lets blood, as punishment for his class-arrogance, but the desire for bloodthirsty revenge is checked by the concept of proportionate revenge or measure for measure. Lockwood is subjected to humiliation, expropriation and exclusion, which are the traditional crimes committed against the servant. It will also be argued that revenge is, however, only the prelude to reconciliation. Story-telling is not only instrumental in the act of taking revenge, but also in coping with trauma and reconciling the victim with the offender. We see a foreshadowing of the concept of modern restorative justice, for criminal Lockwood shall be reformed through Ellen’s tale. Restorative justice encourages both the victim and offender to narrate the full impact of the crime on his/ her life. Indeed, Ellen and Lockwood enter into dialogue as narrator and recipient of a story, respectively. Although this dialogue suggests the possibility of reconciliation, social reform, as envisioned by future-facing restorative justice, remains a utopia.
retributivist models were adopted.
2. The Transformation of International Criminal Justice: The Dynamic Interaction between the RetributiveandRestorativeJustice Paradigms
International human rights and international humanitarian law were shaped continuously to serve changing purposes as a result of
Columbia and the ICC within the broader debate of approaches to past mass crimes: between retributiveandrestorativejustice. They suggest this debate becomes more complex when the ICC begins to exert influence in states’ responses to mass crimes. Bueno and Diaz Rozas offer a detailed analysis of the
establishment of the truth and reconciliation commissions etc.
In Chapter 1, the author outlines the points of controversy, i.e. the inherent tension between accountability and the efforts towards peace and reconciliation, which reflects the long-standing dichotomy between retributiveandrestorative
formulating policies to address the communist past. Though a case study, Stan engages a wide range of literature dealing with repression, post-1989 transitional politics, truth commissions, retributiveandrestorativejustice, as well as social trust and civic consolidation. On her part, Shore offers a highly
Settles offer the following explanation of the difference between retributiveandrestorativejustice:
Restorative justice views crime as a harm to individuals, their neighborhoods, the surrounding community, and even the offender. Crimes produce injuries that must be repaired by those who caused the
, para. 248. 21 For arguments supporting such an approach see; M. Findlay and R. Henham , Transforming International Criminal Justice: retributiveandrestorativejustice in the trial process (Cullompton: Willan Publishing, 2005). 22 Supra, note 1, paras. 253–260. ICLA_03_Ralph 11/25/05 8:09 PM Page 605
Arrest Warrant Raises the Stakes in Libya.’, Time , 27 June 2011.
41) Albert Einstein, Miscellaneous , < www.websophia.com/faces/einstein.html#miscellaneous >, June 24, 2012.
42) Isabella Bueno and Andrea Diaz, ‘Retributiveandrestorativejustice in Colombia: Challenges in the time of
. However, in reality, such social values and community responsibility require a reconfiguration of penal ideology that can accommodate both retributiveandrestorativejustice aspirations. This can only be achieved if penal ideology and social morality merge sufficiently to validate criminal justice