'compensation Culture' in Civil Litigation, Restorative Justice and Reconciliation: The Blame Game?

By Alexander Forsyth

The modern law of tort/delict recognises the civil obligation of a person to make financial reparation to another for harm caused by wrongous conduct whether deliberate or negligent, due to the fault of that person. Theological considerations set up our judicial process for an adversarial court action of delict/tort, mirroring a soteriological journey of wrongdoing, attribution of blame from evidence, written judgment, atonement by reparation, and absolution. The only outcome is financial compensation. This book questions whether this model serves a true purpose so as to constitute 'justice' between the parties. It asks whether such a system of blame by judgment, financial compensation and immediate absolution can be adequate today as a process of justice? More fundamentally for broader society, does such a system create greed and a 'compensation culture', and is it beneficial or detrimental to society? In looking for alternatives, the work provides a consideration of 'restorative justice' and theological concepts such as 'reconciliation' to critique its present form. Proposals are made by which the current system might then be replaced, or at least supplemented, with more purposive procedural processes and eventual outcomes. The goal is that they might better serve the needs of the parties and produce more positive longer-term effects in society beyond a culture of compensation.

• Format: Hardcover
• Language: English
• ISBN: 1472478231
• ISBN13: 9781472478238
• Release Date: January 2021
• Publisher: Routledge
• Length: 192 Pages