Unitive and Punitive Justice Reflect States of Mind

The two distinct models of justice, unitive justice and punitive justice, appear to be opposites, but they are not. Unlike opposites such as male and female, the two models of justice cannot exist simultaneously – they are mutually exclusive. When one model of justice is present, the other is not. The following chart is helpful in demonstrating this. 

PUNITIVE JUSTICE	UNITIVE JUSTICE
Harm done to others as punishment for harm done by them must be proportional.	Intentionally harming others is unacceptable by anyone under any circumstance.
Reflects the old rule of vengeance: an eye for an eye, a tooth for a tooth.	Reflects the old rule of lovingkindness: do unto others as you would have them do unto you.
Accountability achieved through suffering the punishment that is meted out by those authorized to do so by the law.	Accountability achieved in ways that do not compound the harm to society and are meaningful to the victims.
Enforcement mechanism is the fear instilled by the authorities and the punishment they can inflict if you are caught.	Enforcement mechanism is an environment that holds all to a common moral standard and the incentive to be part of such a community.
Assumes punishment achieves compliance, while ignoring the collateral effects. Control must be endlessly enforced.	Assumes wholeness/interconnectedness is fundamental and an innate desire to share such an environment exists in most people.
Fragmented, does not look at the whole. (The inconsistencies would be apparent, if the whole were examined).	Examines single acts within the larger context to find lasting solutions that address root causes.
Winning is defined as making adversaries lose.	Assumes no one wins until everyone does.
Some killing is legal. Some killing is a crime. This line moves from time to time, depending on who is writing the law.	Killing is unacceptable, by anyone. When you attack another, you attack yourself in some way.
A dualistic legal theory in which people are divided between good and evil. The “good” people’s killing is deemed to be necessary, and therefore is labeled moral.	In this world, all deserve to be treated with respect and dignity, even one’s “enemies.” How we treat others is a measure of our morality, not a measure of our enemies’ sins.
Forgiveness is giving a bad person something that is not deserved. In this mindset, the victim sees forgiveness as losing. No concession is made until the offender repents.	Forgiveness is seen as liberating the one harmed from negative feelings that are self-destructive. It creates space for true remorse to be experienced by the offender, and this promotes lasting second order change.
The law is used to legitimize and legalize vengeance, revenge, retribution, torture, war—whatever force is seen as needed to secure compliance. This is a punitive system and it makes for a punitive culture.	Sees in every wrong an opportunity to produce positive outcomes—the possibility of transformation for all involved. By assuring the health of individuals and communities, the nation’s health is achieved.

Each model of justice emanates from a distinct source: unitive justice emanates from the organizing principle of Oneness, while punitive justice is rooted in the disorganizing process of duality. Ultimately, they are not opposites because unitive justice reflects the consciousness of love and punitive justice reflects the consciousness of fear. When love is present, fear is not.