Home
/
RELIGION & LIBERTY ONLINE
/
Poetic justice
Poetic justice
Oct 13, 2026 11:08 PM

On an episode of NPR’s Talk of the Nation last month, professor Jay Parini of Middlebury College discussed his role in the criminal justice sentences given to students who were involved in the vandalism of the former summer home of renowned poet Robert Frost.

Some of the younger students involved took part in a class on Robert Frost as part of an alternative sentencing plea agreement. As Prof. Parini says, “It’s a sort of unique punishment, talk about the punishment fitting the crime.”

Be sure to listen to the show to get the details of the whole story. This sounds to me like a perfect example of jurisprudence, that is, wisdom in the application of law. By connecting the offenders to the reality of Robert Frost’s life and work, the real impact of what they had done municated to them.

The potential for alternative sentencing agreements like this is just one of the possibilities I discuss in a newly published essay, “To Reform or to Abolish? Christian Perspectives on Punishment, Prison, and Restorative Justice,” Ave Maria Law Review 6, no. 2 (Spring 2008): 481-511. In that piece I lay out a basic scheme for understanding the different Christian approaches to restorative justice, particularly with regard to the relationship between punishment and restoration, along with some of the theological and practical implications for these various streams.

“It seems obvious that from a perspective of personalism,” I write, “relevant contextual differences should be considered in sentencing, and judges should have the ability to exercise prudential judgments on such matters.”

The case of the Frost house vandals underscores the value of this perspective, contrasted with that which emphasizes strictly controlled mandatory sentencing, especially for minors and youths. As Parini also says, “Poetry is about reparation and restoration.” The task for the prudential administration of justice is to balance and coordinate the necessity of punishment as an end in itself and as an instrument oriented toward reconciliation.

As an aside, I might also note that Prof. Parini would do his regular college students better service to teach them as he taught the offenders. Talking about his treatment of the Frost poem, “The Road Not Taken.” “When I teach the class to my students at Middlebury, it’s a you know sophisticated group, I do a fairly post-modern reading of the poem…. In a post-modern reading of that poem it’s plicated.”

But in teaching the class of offenders Parini emphasized the recognition of metaphoric and symbolic values as a necessary part ing to grips with the realities and responsibilities of life: “I realized these kids are at a very simple level here and Frost is confronting one of the issues that we have moral choices breaking in front of us at every moment.” This latter approach does more justice, so to speak, to the duties of the moral imagination than the sophistry of a post-modern reading, in which there is really no “wrong” road to take.

The theme of this issue of the Ave Maria Law Review is “The Constitutionality of Faith-Based Prison Units,” and there are some valuable resources ing to grips with a practical dilemma facing the relationship between church and state in America. Another noteworthy and timely essay in this issue is Edward E. Ericson Jr.’s “The Enduring Achievement of Alexandr Solzhenitsyn.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
An Acute Western Problem: “Hardness of Hearing”
Earlier this week Pope Benedict XVI told his fellow Germans, and other modern Western societies, that they are shutting their ears to the Christian message when they insist that science and technology alone bat AIDS and other social ills. His description of the problem is one that will stand out for me for the foreseeable future. He refers to this acute spiritual malady as a “hardness of hearing.” What a great description of modern life that expression provides. We are...
Religious Leaders Bash the Global Market
Why do so many clergy and religious activists reflexively attack the free market? Kishore Jayabalan takes a look at recent anti-business campaigns. “The very concepts of business and profit motive are often reason enough for religious leaders to condemn an activity as immoral and unethical, and criticisms of multinational corporations are just the same condemnations on a larger scale,” he writes. However, large multinational corporations are one of the most able and efficient means of improving the economies of developing...
The Political Economy of Fantasy Sports
Although it is played by about 15 million Americans and amounting to a $1.5 billion a year industry, and even though it is a growing business and worth talking about, this post is not about the real-world economics of fantasy sports. Instead, this post is about the typical structures of fantasy leagues, particularly football (the most popular), and what these leagues can tell us about the participants’ most basic economic assumptions or impulses. I will argue that the default model...
Introduction to Protestantism and Natural Law
Many of you have read the series that Stephen Grabill wrote about Protestantism and Natural Law. For those of you who have not read it, but are interested, Stephen wrote an eight part series on the PowerBlog. The following exerpt from the first post points to Stephen’s aim of shifting the debate … … away from the badly caricatured doctrine of sola scriptura toward a fuller understanding of the biblical theology underlying natural law. As Protestants rediscover the biblical basis...
Moral Business
Profit is a valid motivation for business and, generally speaking, pany that pursues profits within the bounds of law and morality will be fulfilling its purpose admirably. But profit is an instrumental good rather than a final good, and so there are sometimes extraordinary circumstances that place additional moral obligations on business. For an edifying story about pany that responded well to such circumstances, see ...
Pascal and Climate Change
In today’s Times of London, taking a cue from Blaise Pascal (at least he thinks), Gerard Baker argues, “Unless the sceptics are really, really certain that we’re all going to be OK, we must act now.” He sums it up this way: “If we believe in global warming and do something about it and it turns out we’re right, then we’re, climatologically speaking, redeemed — if not for ever, at least until some other threat to our es along. If...
Larger Hands, Smaller Feet
I believe the New munity of Bishops has nailed this one (emphasis added): In response, both individual and collective acts of selflessness are needed — of self-sacrifice for the greater good, of self denial in the midst of convenient choices, of choosing simpler lifestyles in the midst of a consumer society. This does not mean abandoning the scientific and technological advances which have given us such great benefits. It means using them wisely, and in a thoughtful manner which reflects...
Cracking Down on Church Contributions
A week or so ago I passed along a story about the United States Bankruptcy Court for the Northern District of New York’s interpretation of recent legislation to make it illegal for those filing for bankruptcy to tithe, except under very specific circumstances (here’s a good follow-up story). Well, yesterday Religion Clause (which is, by the way, an excellent blog well worthy of bookmarking), noted that while the aforementioned case had received a great deal of attention, “an equally important...
In Defense of Compassionate Conservatism
In his column, which also appears over at Human Events Online, Acton senior fellow Marvin Olasky mentions the work of the Acton Institute’s Samaritan Award in defense of passionate conservatism”: Those who passionate conservatism is dead e to Samaritan Award programs in Richmond or Fairfield, California; Memphis, Nashville or Knoxville, Tennessee; Camden, N.J., or Chester, Penn.; Columbus, Ohio, or Hastings, Neb. or Marquette, Mich. Why go there? Because those are the towns and cities that are home to this year’s...
Prohibition, Blue Laws, and the Primum Usus Legis
A paper recently published at the National Bureau of Economic Research calls into question some conventional economic wisdom about the effects of certain kinds of legislation. In “The Church vs the Mall: What Happens When Religion Faces Increased Secular Competition?”, Jonathan Gruber and Daniel M. Hungerman find that when so-called “blue laws” are repealed in any given state, “religious attendance falls, and that church donations and spending fall as well.” But in addition, “repealing blue laws leads to an increase...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved