Nigerian Asuwada theory, mass incarceration, and restorative justice frameworks

Nigerian Asuwada epistemology, formulated from Yoruba poetry by sociologist Akinsola Akiwowo, is a theoretical framework of sociation. Recognizing the sanctity of the individual, it recognizes the interdependence of the individual and society, while the earth is seen as a heaven for cultivating goodness through individual iwa (character). Aisuwa (alienation) is seen as social pathology that causes a breakdown in family or society. When this occurs, ifogbontayese (remaking the world through wisdom) provides a method of social change. Asuwada theory is contrasted with features of the criminal justice system in the U.S. Plea bargaining, mandatory minimum, three-strikes, and life without parole sentencing are examined as manifestations of aisuwa (alienation), as are sentencing laws in the U.S. that exist as outliers in Western countries, indefensible by normal concepts in the philosophy of law. Finally, restorative justice frameworks described by Braithwaite, Claessen, Sered, and Zehr are examined. Sered’s definition of accountability is discussed as a humanizing theory that, like asuwada theory, requires sociation rather than merely isolation and destruction. Restorative justice, a framework that builds and heals, requiring agency from the offender, is contrasted with the futility of mass incarceration, which meets neither the needs of the offender, victim, or society at large.