Restorative Justice & Responsive Regulation

Restorative Justice & Responsive Regulation

Author: John Braithwaite

Publisher: Oxford University Press, USA

Published: 2002

Total Pages: 334

ISBN-13: 0195158393

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Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.


Regulatory Frameworks for Water Resources Management

Regulatory Frameworks for Water Resources Management

Author: Salman M. A. Salman

Publisher: World Bank Publications

Published: 2006-01-01

Total Pages: 218

ISBN-13: 0821365207

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This title examines how regulatory frameworks have addressed the various basic issues related to water resources management, and provides a comparative analysis of those issues. It elicits and discusses what it considers are the essential elements for a regulatory framework for water resources management, and identifies some emerging trends.


Regulatory Delivery

Regulatory Delivery

Author: Graham Russell

Publisher: Bloomsbury Publishing

Published: 2019-10-17

Total Pages: 505

ISBN-13: 1509918604

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This ground-breaking book addresses the challenge of regulatory delivery, defined as the way that regulatory agencies operate in practice to achieve the intended outcomes of regulation. Regulatory reform is moving beyond the design of regulation to address what good regulatory delivery looks like. The challenge in practice is to operate a regulatory regime that is both appropriate and effective. Questions of how regulations are received and applied by those whose behaviour they seek to control, and the way they are enforced, are vital in securing desired regulatory outcomes. This book, written by and for practitioners of regulatory delivery, explains the Regulatory Delivery Model, developed by Graham Russell and his team at the UK Department for Business, Energy and Industrial Strategy. The model sets out a framework to steer improvements to regulatory delivery, comprising three prerequisites for regulatory agencies to be able to operate effectively (Governance Frameworks, Accountability and Culture) and three practices for regulatory agencies to be able to deliver societal outcomes (Outcome Measurement, Risk-based Prioritisation and Intervention Choices). These elements are explored by an international group of experts in regulatory delivery reform, with case studies from around the world. Regulatory Delivery is the first product of members of the International Network for Delivery of Regulation.


Regulation Versus Litigation

Regulation Versus Litigation

Author: Daniel P. Kessler

Publisher: University of Chicago Press

Published: 2011-02

Total Pages: 344

ISBN-13: 0226432181

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The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.


The New Regulatory Framework for Consumer Dispute Resolution

The New Regulatory Framework for Consumer Dispute Resolution

Author: Pablo Cortés

Publisher: Oxford University Press

Published: 2016-11-24

Total Pages: 513

ISBN-13: 0191079073

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Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.


Crime, Gender and Social Control in Early Modern Frankfurt am Main

Crime, Gender and Social Control in Early Modern Frankfurt am Main

Author: Jeannette Kamp

Publisher: BRILL

Published: 2019-12-09

Total Pages: 347

ISBN-13: 9004388443

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This book charts the lives of (suspected) thieves, illegitimate mothers and vagrants in early modern Frankfurt. The book highlights the gender differences in recorded criminality and the way that they were shaped by the local context. Women played a prominent role in recorded crime in this period, and could even make up half of all defendants in specific European cities. At the same time, there were also large regional differences. Women’s crime patterns in Frankfurt were both similar and different to those of other cities. Informal control within the household played a significant role and influenced the prosecution patterns of authorities. This impacted men and women differently, and created clear distinctions within the system between settled locals and unsettled migrants.


European judicial systems - CEPEJ Evaluation Report - 2024 Part 1

European judicial systems - CEPEJ Evaluation Report - 2024 Part 1

Author: Council of Europe

Publisher: Council of Europe

Published: 2024-09-01

Total Pages: 174

ISBN-13: 9287195285

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A must-have for policy makers, justice practitioners, researchers and all those who are interested in the functioning of justice in Europe and beyond, to have access to the information needed to be able to understand, analyse and reform The latest edition of the report of the European Commission for the efficiency of justice (CEPEJ), which evaluates the functioning of the judicial systems of 44 participating Council of Europe member States as well as two observer States to the CEPEJ, Israel, and Morocco, continues the process carried out since 2002, focusing the content of the report on the analysis of European trends. In addition, the CEPEJ has also elaborated, for each participating state a profile which presents in a synthetic way the main data and indicators developed by the CEPEJ as well as an analysis of the main aspects of each judicial system. Relying on a methodology which is already a reference for collecting and processing large number of judicial data, this unique study has been conceived above all as a tool for public policy aimed at improving the efficiency and quality of justice.


Introduction to the English Legal System

Introduction to the English Legal System

Author: Martin Partington

Publisher: Oxford University Press

Published: 2021

Total Pages: 382

ISBN-13: 0198852924

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Introduction to the English Legal System is the ideal foundation for those coming new to the study of law. Writing in a highly engaging and accessible style, Martin Partington introduces the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and exploring current debates. Consolidating over 40 years' experience in the law, Martin Partington examines beliefs about the English legal system, and encourages students to question how far it meets the growing demands placed on it. Incorporating all the latest developments, this concise introduction brings law and the legal system to life. Digital formats and resources: This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include questions for reflection and discussion; self-test questions; a glossary; further reading materials; web links; and a link to Martin Partington's blog, which covers key developments in the English justice system.