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

Ybarra Elío, Blanca

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

dc.contributor.advisor	Lema Añón, Carlos
dc.contributor.advisor	Rodríguez Palop, María Eugenia
dc.contributor.author	Ybarra Elío, Blanca
dc.contributor.departamento	UC3M. Instituto de Derechos Humanos Bartolomé de las Casas	es
dc.date.accessioned	2020-11-06T13:12:33Z
dc.date.available	2020-11-06T13:12:33Z
dc.date.issued	2020-10
dc.date.submitted	2020-10-22
dc.description	Mención Internacional en el título de doctor
dc.description.abstract	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 5brings 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. It also demonstrates that restorative justice could be relevant in case of domestic violence if “nonviolence transformative care” is implemented.	en
dc.description.degree	Programa de Doctorado en Estudios Avanzados en Derechos Humanos por la Universidad Carlos III de Madrid	es
dc.description.responsability	Presidente: Susanna Pozzolo.- Secretario: Javier Dorado Porras.- Vocal: María Luisa Iglesias Vila	es
dc.identifier.uri	https://hdl.handle.net/10016/31342
dc.language.iso	eng	en
dc.rights	Atribución-NoComercial-SinDerivadas 3.0 España	*
dc.rights.accessRights	open access	es
dc.rights.uri	http://creativecommons.org/licenses/by-nc-nd/3.0/es/	*
dc.subject.eciencia	Derecho	es
dc.title	Combining the ethics of care and restorative justice theory and practice: the case of domestic violence	en
dc.type	doctoral thesis	*
dspace.entity.type	Publication