Beyond retributive and restorative justice: In search of mercy with Jordan's Bedouin

Abstract

Popular debates about criminal justice reform often pose restorative justice as a humane (if utopian) alternative to retributive justice. Drawing on fieldwork with Jordan's Bedouin, I offer an unvarnished account of a longstanding and still-vibrant tradition of restorative justice that also includes violent and punitive elements. While acknowledging how Bedouin justice can fail women, the poor and the poorly connected, I highlight how Bedouin justice also cultivates mercy as a social good, transforming enmity into forgiveness (if not friendship) and encouraging perpetrators to materially compensate victims. I conclude by considering how contemporary Jordanian practices of mercy might inform efforts to escape from the seeming inevitability of mass incarceration in modern society.