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: Tony Foley

Publisher: Routledge

Published: 2016-04-22

Total Pages: 262

ISBN-13: 1317151844

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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.


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


Restorative Justice

Restorative Justice

Author: Gerry Johnstone

Publisher: Routledge

Published: 2013-03-01

Total Pages: 216

ISBN-13: 1136643923

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Restorative justice is one of the most talked about developments in the field of crime and justice. Its advocates and practitioners argue that state punishment, society's customary response to crime, neither meets the needs of crime victims nor prevents reoffending. In its place, they suggest, should be restorative justice, in which families and communities of offenders encourage them to take responsibility for the consequences of their actions, express repentance and repair the harm they have done. First published in 2002, Restorative Justice: Ideas, Values, Debates is renowned worldwide as an accessible, balanced and invaluable analysis of the argument that restorative justice can provide an attractive alternative to traditional responses to crime. The second edition includes a new chapter identifying and analyzing fundamental shifts and developments in restorative justice thinking over the last decade. It suggests that the campaign for restorative justice has not only grown rapidly in the last decade, but has also changed in its focus and character. What started as a campaign to revolutionize criminal justice has evolved into a social movement that aspires to implant restorative values into the fabric of everyday life. This new edition explores the implications of this development for restorative justice’s claim to provide a feasible and desirable alternative to mainstream thinking on matters of crime and justice. This book provides an essential introduction to the most fundamental and distinctive ideas of restorative justice and will appeal to students of criminology, law or related disciplines or researchers and professionals with an interest in crime and justice issues. In addition it extends the debate about the meaning of restorative justice – pros, cons and wider significance – hence it will also be of interest to those already familiar with the topic.


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: Heather Strang

Publisher: Routledge

Published: 2017-09-19

Total Pages: 240

ISBN-13: 1351965301

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The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book – such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice – are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.


Restorative Justice

Restorative Justice

Author: Margarita Zernova

Publisher: Routledge

Published: 2016-12-05

Total Pages: 185

ISBN-13: 1351965352

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The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.


Comparative Restorative Justice

Comparative Restorative Justice

Author: Theo Gavrielides

Publisher: Springer Nature

Published: 2021-09-20

Total Pages: 365

ISBN-13: 303074874X

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This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.


Restorative Justice at a Crossroads

Restorative Justice at a Crossroads

Author: Giuseppe Maglione

Publisher: Taylor & Francis

Published: 2024-02-13

Total Pages: 266

ISBN-13: 1003850294

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This book reflects on the institutionalisation of restorative justice over the last 20 years and offers a critical analysis of the qualitative consequences generated by such a process on the normative structure of restorative justice, and on its understanding and uses in practice. Bringing together an international collection of leading scholars, this book provides a range of context-sensitive case studies that enhance our understanding of the development of international, national and institutional policy frameworks for restorative justice, the mainstreaming of practices within the criminal justice system, the proliferation of cultural, social and political co-optations of restorative justice and the ways in which the formalisation of the restorative justice movement have affected its values, aims and goals.