Developing Restorative Justice Jurisprudence; Responding Restoratively to Criminal Wrongdoing
Developing Restorative Justice Jurisprudence; Responding Restoratively to Criminal Wrongdoing

Author: Tony Foley

Publisher: Lund Humphries Publishers

Published: 2014-08-01

Total Pages: 262

ISBN-13: 9781409465348

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This book argues for restoration as one of the main objectives of the criminal justice process and offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Drawing on comparative and empirical analysis of existing models of global practice from the three primary jurisdictions of Australia, New Zealand and Canada, the book provides the leading examples of restorative justice practices incorporated in mainstream criminal justice responses from around the world.

Developing Restorative Justice Jurisprudence
Developing Restorative Justice Jurisprudence

Author: Assoc Prof Tony Foley

Publisher: Ashgate Publishing, Ltd.

Published: 2014-08-28

Total Pages: 263

ISBN-13: 1409465357

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What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.

Developing Restorative Justice Jurisprudence
Developing Restorative Justice Jurisprudence

Author: Tony Foley

Publisher: Routledge

Published: 2016-04-22

Total Pages: 372

ISBN-13: 1317151836

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What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.

Creating Restorative Justice
Creating Restorative Justice

Author: Gregory D. Paul

Publisher: Rowman & Littlefield

Published: 2021-04-07

Total Pages: 129

ISBN-13: 149857646X

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Discussion of the histories, meanings, and assumptions of restorative justice have enriched the development of its theory, research, and practices. While some of this work has addressed the role of communication, the treatment of communication within restorative justice remains rather under-developed. Communication plays a central role in processes of restoration and justice and a constitutive role in making restorative justice what it is. In Creating Restorative Justice: A Communication Perspective of Justice, Restoration, and Community, Gregory D. PaulandIan M. Borton argue that by centering communication in restorative justice as it occurs in various contexts (from families, to schools, to communities), we can simultaneously deepen our understanding, enrich our practice, and amplify our study of restoration and justice. From a communication perspective, restorative contexts both use and are created by the communication present. Any outcomes from restorative processes are thus the product of the communication both within and between restorative practices’ participants. As the world addresses the challenges presented by injustice, inequality, and insecurity, it is incumbent we expand our understanding of restorative processes to account for the vital role of communication.

Restorative Justice
Restorative Justice

Author: Ms Margarita Zernova

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 275

ISBN-13: 140949599X

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Providing a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing, this book offers an empirically researched contribution to theoretical debates. Drawing on qualitative research, the book examines the significant gaps that exist between the ideals of proponents of restorative justice and the objectives being pursued in practice. The work examines ways forward for the restorative justice movement - and the development of practices - with a coherent set of restorative justice ideals.

Restorative Justice and the Law
Restorative Justice and the Law

Author: L. Walgrave

Publisher: Routledge

Published: 2002

Total Pages: 270

ISBN-13: 1903240972

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Restorative justice has developed from a barely known term to a central role in debates on the future of criminal justice. But as it has moved into the mainstream so new tensions and issues have emerged as it becomes increasingly integrated into normal practice, and part of broader legal and judicial systems ­ both in common law countries and those with centralised legal systems. The purpose of this book is to explore this developing relationship between the concepts and practice of restorative justice on the one hand, and the law and legal systems on the other. Amongst the questions it addresses are the following: how are informal processes to be juxtaposed with formal procedures? what is the appropriate relationship between voluntarism and coercion? how can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts?

Restorative Justice and the Law
Restorative Justice and the Law

Author: Lode Walgrave

Publisher: Routledge

Published: 2012-12-06

Total Pages: 270

ISBN-13: 1135999023

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Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities

Restoring Justice
Restoring Justice

Author: Daniel W. Van Ness

Publisher: Routledge

Published: 2014-02-01

Total Pages: 331

ISBN-13: 1317521676

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Restoring Justice: An Introduction to Restorative Justice offers a clear and convincing explanation of restorative justice, a movement within criminal justice with growing worldwide influence. It explores the broad appeal of this new vision and offers a brief history of its development. The book presents a theoretical foundation for the principles and values of restorative justice and develops its four cornerpost ideas of encounter, amends, inclusion and reintegration. After exploring how restorative justice ideas and values may be integrated into policy and practice, it presents a series of key issues commonly raised about restorative justice, summarizing various perspectives on each.

Restorative Justice
Restorative Justice

Author: Ruth Ann Strickland

Publisher: Peter Lang

Published: 2004

Total Pages: 156

ISBN-13: 9780820457581

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Restorative justice, employed in both ancient and modern societies, is designed to repair the harm that a criminal offense inflicts on victims, offenders, and communities. Today, backlogged court dockets, dissatisfaction with the adversarial process, and overcrowded prisons have incited a necessary discussion of alternatives for dealing with the accused and the convicted. This book examines how restorative justice works - promoting healing by emphasizing the restoration of victims' emotional and material losses, creating forums for negotiation, problem-solving, and dialogue between affected parties, and empowering communities and victims by inviting their participation. Restorative Justice discusses the method's beneficial and detrimental effects on, and implications for, defendants, victims, the courtroom workgroup, corrections and the community.