Pardons, commutations and bankruptcy laws are all tools of forgiveness within the US legal system. Are we using them frequently enough, and with fairness? Law professor Martha Minow outlines how these merciful measures can reinforce racial and economic inequality -- and makes the case for creating a system of restorative justice that focuses on accountability and reconciliation rather than punishment.

How forgiveness can create a more just legal system

Legal systems often emphasize punishment over mercy, overlooking tools like pardons, expungements, and bankruptcy that could restore lives. Forgiveness practices remain deeply unequal, with white people historically four times more likely to receive pardons than minorities for the same crimes. Restorative justice in schools, like the California high school that halved suspensions through peer-led circles, shows that accountability and healing can replace punitive responses. Embracing forgiveness fairly can counteract entrenched racial and economic disparities while giving individuals and entire societies a needed fresh start.

Forgiveness In Law Can Break Cycles Of Injustice And Inequality

*When Should Law Forgive?*

justice system

society

prison

community

United States

social change

crime

equality

TED Stage Talk

Martha Minow: How forgiveness can create a more just legal system