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This report described the development and current state of two groups of participatory justice programs. Restorative justice is a process of resolving crime and conflict, and includes victim-offender mediation, community and family group conferencing, sentencing circles and community boards or panels. Consensus-based justice operates in the non-criminal context, and includes community mediation, court-connected mediation, judge-led settlement conferencing, and collaborative family lawyering.
The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
An Insightful Book from the Little Books of Justice and Peacebuilding Series, Which Has Sold Over 170,000 Copies The more than 2.3 million incarcerated individuals in the United States are often regarded as a throw-away population. While the criminal-justice system focuses on giving offenders "what they deserve," it does little to restore the needs created by crime or to explore the factors that lead to it. Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is helping to restore prisoners' sense of humanity while holding them accountable for their actions. In this book, Barb Toews, with years of experience in prison work, shows how people in prison can live restorative-justice principles. She shows how these practices can change prison culture and society. Written for an incarcerated audience and for all those who work with people in prison, this book also clearly outlines the experiences and needs of this under-represented and often overlooked part of our society.
New York Times Bestseller “Organizing is both science and art. It is thinking through a vision, a strategy, and then figuring out who your targets are, always being concerned about power, always being concerned about how you’re going to actually build power in order to be able to push your issues, in order to be able to get the target to actually move in the way that you want to.” What if social transformation and liberation isn’t about waiting for someone else to come along and save us? What if ordinary people have the power to collectively free ourselves? In this timely collection of essays and interviews, Mariame Kaba reflects on the deep work of abolition and transformative political struggle. With a foreword by Naomi Murakawa and chapters on seeking justice beyond the punishment system, transforming how we deal with harm and accountability, and finding hope in collective struggle for abolition, Kaba’s work is deeply rooted in the relentless belief that we can fundamentally change the world. As Kaba writes, “Nothing that we do that is worthwhile is done alone.”
Open government initiatives have become a defining goal for public administrators around the world. However, progress is still necessary outside of the executive and legislative sectors. Achieving Open Justice through Citizen Participation and Transparency is a pivotal reference source for the latest scholarly research on the implementation of open government within the judiciary field, emphasizing the effectiveness and accountability achieved through these actions. Highlighting the application of open government concepts in a global context, this book is ideally designed for public officials, researchers, professionals, and practitioners interested in the improvement of governance and democracy.
Restorative justice represents “a paradigm shift in the way Americans conceptualize and administer punishment,” says author Maisha T. Winn, from a focus on crime to a focus on harm, including the needs of both those who were harmed and those who caused it. Her book, Justice on Both Sides, provides an urgently needed, comprehensive account of the value of restorative justice and how contemporary schools can implement effective practices to address inequalities associated with race, class, and gender. Winn, a restorative justice practitioner and scholar, draws on her extensive experience as a coach to school leaders and teachers to show how indispensable restorative justice is in understanding and addressing the educational needs of students, particularly disadvantaged youth. Justice on Both Sides makes a major contribution by demonstrating how this actually works in schools and how it can be integrated into a range of educational settings. It also emphasizes how language and labeling must be addressed in any fruitful restorative effort. Ultimately, Winn makes the case for restorative justice as a crucial answer, at least in part, to the unequal practices and opportunities in American schools.
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.
Examining the difficulties of conflict resolution, Transforming Conflict through Insight demonstrates how applying Bernard Lonergan's philosophy of insight to mediation can lead to more productive and constructive negotiations. Kenneth R. Melchin and Cheryl A. Picard provide both an overview of conflict research and an introduction to Lonergan's "insight theory," offering an outstanding piece of ethical philosophy and a useful method of mediation. Introducing readers to a method of self-discovery, the different kinds of operations involved in learning, and the role of feelings and values in shaping interactions with others in conflict, this volume also includes the practical experience of mediators who detail strategies of insight mediation for working creatively through conflict. Attending to the important role played by transformative learning in navigating conflicts, the authors show how insights and learning can move people past obstacles caused by feelings of threat. Informative, compassionate, and convincing, Transforming Conflict through Insight is a welcome resource for working to resolve difficulties in an ethical and educational manner.
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
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.