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Repositioning Restorative Justice

Author: Lode Walgrave
Publisher: Routledge
ISBN: 1135998744
Size: 29.66 MB
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Restorative justice has become an increasingly important element in reform and change to criminal justice systems throughout the western world, and there are many reasons for satisfaction with the progress that has been made --from the point of view of victims, offenders, the level and incidence of reoffending, and in terms of public opinion. At the same time there has been cause for concern, not least to do with the confusion on aims that has accompanied the rapid spread of restorative justice practices, an over-estimate of its possibilities, a blurring of concepts and a lack of attention to legal rights and processes. This book, based on papers presented at the 5th international conference held at Leuven, Belgium in 2002, aims to provide an overview of recent experience of restorative justice in the light of these concerns. The central theme is the positioning, or repositioning, of restorative justice in contexts where it can offer hope to communities both fearful of crime and looking for more socially constructive responses to crime. At the same time restorative justice practitioners seek definition in relation to the kinds of crime it is appropriate to apply restorative justice to, how it relates to different forms of punishment, to rehabilitation, and how it fits in with criminal justice systems and the law of different countries --how to reconcile the informal, participatory philosophy of restorative justice with formal legal processes and the need for legal safeguards.

Restorative Justice Self Interest And Responsible Citizenship

Author: Lode Walgrave
Publisher: Routledge
ISBN: 1134007701
Size: 11.12 MB
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Lode Walgrave has made a highly significant contribution to the worldwide development of the restorative justice movement over the last two decades. This book represents the culmination of his vision for restorative justice. Coming to the subject from a juvenile justice background he initially saw restorative justice as a means of escaping the rehabilitation-punishment dilemma, and as the basis for a more constructive judicial response to youth crime that had been the case hitherto. Over time his conception of restorative justice moved in the direction of focusing on repairing harm and suffering rather than ensuring that the youthful offender met with a 'just' response, and encompassing the notion that restorative justice was not so much about a justice system promoting restoration, more a matter of doing justice through restoration. This book develops Lode Walgrave's conception of restorative justice further, incorporating a number of key elements. • a clearly outcome-based definition of restorative justice • acceptance of the need to use judicial coercion to impose sanctions as part of the reparative process • presenting restorative justice as a fully fledged alternative to the punitive apriorism • development of a more sophisticated concept of the relationship between restorative justice and the law, and acceptance of the need for legal regulation • a consideration of the expansion of a restorative justice philosophy into other areas of social life and the threats and opportunities this provides • a consideration of the implications of the expansion of restorative justice for the discipline of criminology and democracy

Institutionalizing Restorative Justice

Author: Ivo Aertsen
Publisher: Routledge
ISBN: 113401659X
Size: 32.80 MB
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Exploring the key issues and debates surrounding the question of the incorporation and institutionalization of restorative justice, this book builds bridges between those concerned with the practical and the more theoretical aspects of penal development.

Punishment Restorative Justice And The Morality Of Law

Author: Erik Claes
Publisher: Intersentia nv
ISBN: 9050954235
Size: 21.43 MB
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Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

International Perspectives And Empirical Findings On Child Participation

Author: Tali Gal
Publisher: Oxford University Press
ISBN: 0199367000
Size: 65.25 MB
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The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making. This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia, and Israel, the book includes descriptions of programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the volume's chapters contribute to the theoretical development of the meaning of "participation," "citizenship," "inclusiveness," and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of its breadth of subjects and the diversity of jurisdictions it covers. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.

Governing Paradoxes Of Restorative Justice

Author: George Pavlich
Publisher: Routledge
ISBN: 1136641750
Size: 42.74 MB
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Restorative justice is the policy of eschewing traditional punishments in favour of group counselling involving both victims and perpetrators. Until now there has been no critical analysis of governmental rationales that legitimize restorative practices over traditional approaches but Governing Practices of Restorative Justice fills this gap and addresses the mentalities of governance most prominent in restorative justice. The author provides comprehensible commentary on the central images of this discursive arena in a style accessible to participants and observers alike of restorative justice.

Restorative Justice Reconciliation And Peacebuilding

Author: Jennifer J. Llewellyn
Publisher: Oxford University Press, USA
ISBN: 0199364877
Size: 34.75 MB
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This book develops the twin concepts of restorative justice and reconciliation as frameworks for peacebuilding that contain great potential for addressing common dilemmas: peace versus justice, religious versus secular approaches, individual versus structural justice, reconciliation versus retribution, and the harmonization of the sheer multiplicity of practices involved in repairing past harms

The Possibility Of Popular Justice

Author: Sally Engle Merry
Publisher: University of Michigan Press
ISBN: 9780472083442
Size: 69.27 MB
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DIVCan popular justice ever be a real alternative to the violence and coercion of state law? /div

Stop The Bullying

Author: Ken Rigby
Publisher: Aust Council for Ed Research
ISBN: 0864315686
Size: 32.51 MB
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What to do about bullying in schools is an ever-expanding field, requiring constantmonitoring as new ideas appear and new resources become available. With the publicationof this second edition of Stop the Bullying I have been able to take recent developmentsinto account in revising some of the contents of the earlier edition and addingfurther material of a practical nature. The issue of whether schools in Australia should take action against bullying is nowwell and truly over. The question has become: How can schools best deal with the problem?There remains a need for schools to work out what, a.

Language In The Negotiation Of Justice

Author: Professor Christopher Williams
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472403053
Size: 79.61 MB
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This book explores the ways language is used by the professional legal community for the communication of its main business - the negotiation of justice - in today’s globalized world. The volume addresses three main aspects of language use in the negotiation of justice. Beginning with the legal contexts of litigation, arbitration and mediation, the book moves on to discuss the main issues identified in those contexts and finally it explores the applications of legal linguistics. These three aspects are studied across the themes of analyses of legal discourse and genres, issues of power and ideology in the use of legal language, cross-cultural legal communication, questions of recontextualization, accessibility and plain language, law and disciplinary identity, and pedagogy of legal language. With chapters set across a variety of jurisdictions, the contributions offer analytical insights into the interface between law and language. The book is a valuable resource for those in the legal community wishing to increase their understanding of the use of language for the negotiation of justice.