This illustrates the limits of the rights-based approach. The punitive response is rooted in fear as individuals become increasingly aware of other self-interested individuals asserting their own rights. The antithesis of the contractarian view of society is the mutualist model of society. Instead of freedom of the individual being an end unto itself, the mutualist model views it as a means to achieving a meaningful and fulfilling existence within the context of community. Restorative justice, in many ways, affirms the mutualist model of society.
Conflict is a breakdown in the relationship between members of the community.
Unlike the traditional system, restorative justice does not assume the necessity of an adversarial context in which assertion and affirmation of individual rights through formal processes are the only means of pursuing justice. Since the State does not have an exclusive or dominant role in protecting rights, the parties themselves play crucial roles in assuming their responsibilities. The State's responsibility to the parties is to create an environment in which the parties can resolve the conflict collectively. The ways in which we have come to view socio-legal issues have been shaped by the dominance of the State in adjudicating disputes. To fairly evaluate the potential of restorative justice to satisfy the concerns about these issues we must be willing to reconsider our many assumptions about the necessity of adversarial, formal processes to achieving justice based on the rights-oriented approach.