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This book brings together a selection of papers originally presented and discussed at the fourth international restorative justice conference, held at the University of Tübingen. The contributors include many of the leading authorities in the field of restorative justice, and they provide a comprehensive review of the theoretical foundations underlying this rapidly expanding movement. Restorative Justice: Theoretical foundations addresses a wide range of fundamental questions about restorative justice,considering amongst other things ways in which conceptual pitfalls can be avoided, and how traditional models of peacemaking and healing developed in traditional societies can be integrated into the justice systems of late modern societies. Overall it provides an authoritative overview of contemporary thinking about restorative justice and will be essential reading for anybody concerned with the future direction of criminal justice and criminal justice systems. leading world authorities address the theoretical foundations of restorative justicea rapidly expanding area within criminal justiceincludes chapters on restorative justice as applied to corporate crime, family violence and cases of extreme violence
Restorative Justice: Integrating Theory, Research, and Practice provides students, practitioners, and criminal justice professionals with a comprehensive introduction to restorative justice that combines theoretical foundations, guiding principles, empirical evidence, and real-world implementations of various restorative processes and practices. Through easy-to-navigate chapters, the authors present readers with information concerning how and why restorative practices are implemented within communities in order to expand and enhance conventional approaches to crime prevention, community building, and criminal justice. Though designed for the college classroom, this text is an ideal and accessible introduction for anyone interested in exploring the philosophy, evaluation, and application of restorative justice. In the second edition, the authors have added new boxed features, updated the text to reflect current information and statistics, and expanded chapters relevant to the implementation of restorative practices in justice systems, processes, and movements.
This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.
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.
A study examines the harmful gap between the theory of restorative justice (RJ) and its application in programs in the U.S., Europe, and elsewhere. Data were obtained from four surveys of restorative justice practitioners, using a combination of qualitative methodologies, including questionnaire responses, interviews and focus groups.
In the UK and elsewhere, restorative justice and policing are core components of a range of university programmes; however, currently no such text exists on the intersection of these two areas of study. This book draws together these diverse theoretical perspectives to provide an innovative, knowledge-rich text that is essential reading for all those engaged with the evolution and practice of restorative policing. Restorative Policing surveys the twenty-five year history of restorative policing practice, during which its use and influence over criminal justice has slowly grown. It then situates this experience within a criminological discussion about neo-liberal responses to crime control. There has been insufficient debate about how the concepts of ‘restorative justice’ and ‘policing’ sit alongside each other and how they may be connected or disconnected in theoretical and conceptual terms. The book seeks to fill this gap through an exploration of concepts, theory, policy and practice. In doing so, the authors make a case for a more transformative vision of restorative policing that can impact positively upon the shape and practice of policing and outline a framework for the implementation of such a strategy. This pathbreaking book will be of interest to undergraduate and postgraduate students taking courses on restorative justice, policing and crime control, as well as professionals interested in the implementation of restorative practices in the police force.
This ground-breaking collection dares to take the next step in the advancement of an autonomous, inter-disciplinary restorative justice field of study. It brings together criminology, social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners.
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.
Offender rehabilitation theory and practice have traditionally focused on curing "offenders" of their deviant tendencies by changing their habits, opportunities, personality and outlook on life. Consequently, a number of interventions have been developed within the criminal justice system that are said to be involved in helping offenders. Success is measured by recidivism rates. To this end, rehabilitation has become an important aim of sentencing, whether it be in the form of incarceration, community or monetary penalties. Recently, the foundations of rehabilitation theory and practice have been shaken. Rehabilitation is now seen by many as a threat to offenders' rights and humanitarian principles. Some have even argued that rehabilitation practices are harmful to offenders' chances of correction. Alongside these concerns, the entire paradigm on which our modern criminal justice systems are based has also been questioned. Alternative visions of justice have been moved out of the shadows in the hope that more effective processes are developed for safer and more just societies. One of these visions is encapsulated in restorative justice, which is based on the foundation of promoting human goods in the pursuit of restoration of harm and the correction of deviant behaviour. Restorative justice practices, such as mediation, circles and conferencing bring to the fore states of affairs, activities and experiences that are strongly associated with well-being and higher level of personal satisfaction and social functioning. They aim to create empathy and remorse, and through constructive and honest dialogue create a sense of responsibility in the "offender" and a feeling of empowerment and justice in the "victim". Within this framework, the labels of "victim" and "offender" collapse. A new approach to crime reduction and offender rehabilitation is thus needed. This ground-breaking, edited volume aims to respond to this call by bringing together inter-disciplinary thinking from criminology, affect-script psychology, sociology, political sciences and human rights, psychology and positive psychology, design and arts and social work. The inter-disciplinary dialogue that this book promotes aims to advance the restorative justice field, its tools, practices and evaluation techniques by bringing rehabilitation theory into the restorative justice debate, and vice versa.
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.