Developing Restorative Justice Jurisprudence
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Developing Restorative Justice Jurisprudence
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Author : Tony Foley
language : en
Publisher: Routledge
Release Date : 2016-04-22
Developing Restorative Justice Jurisprudence written by Tony Foley and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
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
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Author : Ms Margarita Zernova
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
Restorative Justice written by Ms Margarita Zernova and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
Providing a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing, this book offers an empirically researched contribution to theoretical debates. Drawing on qualitative research, the book examines the significant gaps that exist between the ideals of proponents of restorative justice and the objectives being pursued in practice. The work examines ways forward for the restorative justice movement - and the development of practices - with a coherent set of restorative justice ideals.
Creating Restorative Justice
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Author : Gregory D. Paul
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-04-07
Creating Restorative Justice written by Gregory D. Paul and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-07 with Language Arts & Disciplines categories.
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 And The Law
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Author : Lode Walgrave
language : en
Publisher: Routledge
Release Date : 2012-12-06
Restorative Justice And The Law written by Lode Walgrave and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
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 Theory And Practice Addressing The Discrepancy
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Author : Theo Gavrielides
language : en
Publisher: RJ4All Publications
Release Date : 2020-01-01
Restorative Justice Theory And Practice Addressing The Discrepancy written by Theo Gavrielides and has been published by RJ4All Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-01 with Law categories.
This is the 2nd edition of Gavrielides’ 2007 monograph “Restorative Justice Theory & Practice: Addressing the Discrepancy”, a ground-breaking book that examines the harmful gap between the restorative justice theory and its application covering the UK, the U.S., Europe, and internationally. Data were obtained from four international surveys with over 300 restorative justice practitioners, using a combination of qualitative methodologies, including questionnaires, interviews and focus groups. The 2nd edition provides critical updates for restorative justice research, policy and practice. Restorative justice projects strive to restore peace after a crime has been committed by involving victims, offenders and community representatives in dialogue. Previous studies reviewed by Dr. Gavrielides have credited these programmes with such benefits as lower recidivism, and higher levels of satisfaction with outcomes among victims, offenders and community representatives, compared to the traditional criminal justice system. However, the author’s seven-year research programme uncovered a pervasive gap between restorative justice principles and current restorative justice operations. This gap is blamed for widespread difficulties such as insufficient funding for restorative justice, inadequate training and accreditation of practitioners, lack of faith and commitment among staff, and a tendency for restorative justice over time to become increasingly similar to the standard criminal justice system. Dr. Gavrielides warns that if these problems are not corrected, the original values and benefits of restorative justice may never be realised. Foreword Part One: Arguing and Analysing the restorative justice literature CHAPTER 1: Restorative theory and practice in context; CHAPTER 2: Restorative justice: The Perplexing concept; CHAPTER 3: The International Dimension of Restorative Justice: From Theory to Policy and Practice; Part Two: Measuring the Gap between the restorative justice theory and practice; CHAPTER 4: The Practitioners’ Account; CHAPTET 5: Evaluating restorative justice CHAPTER 6: Problems in the Practical and Theoretical Development of Restorative Justice; CHAPTER 7: The UK Practitioners’ Account; Part Three: Pushing the Barriers – The application of restorative justice with hate crimes and sexual offences CHAPTER 8: Restorative justice and hate crimes: Addressing the gap between theory, policy and practice; CHAPTER 9: Restorative justice and sexual offending Part Four: Critical Reflections CHAPTER 10: Mind the Gap Between the Restorative Justice Theory and Practice; ——————————————- APPENDIX I. ORIGINAL SAMPLE OF SURVEY I (INTERNATIONAL) APPENDIX II. FINAL SAMPLE OF SURVEY I (INTERNATIONAL) APPENDIX III. SAMPLE OF SURVEY II (ENGLAND AND WALES) APPENDIX IV. SAMPLE OF SURVEY III APPENDIX V. SAMPLE OF SURVEY IV APPENDIX VI. CHRONOLOGY OF SEXUAL ABUSE CASES AGAINST THE NORTH AMERICAN CATHOLIC CHURCH BIBLIOGRAPHY Book Reviews “In a time when restorative justice has been embraced with unbridled enthusiasm by virtually every criminal justice network and dispute resolution stakeholder outside of the criminal justice system, Theo Gavrielides presents us with an original, comprehensive, and essential examination of the subject. This work should be read by anyone and everyone who is the least bit interested in the future health of the restorative justice movement.” Prof. John Winterdyk, Ph.D. Department of Justice Studies, Chair, Mount Royal College, Canada “Theo Gavrielides has provided a constructive and thought-provoking contribution to our understanding of the dynamics of one of the most significant contemporary developments in thinking about criminal justice.” Professor Nicola Lacey, LSE, UK “Restorative justice is a noble concept, but if the actual practice does not match the ideal, it could be discredited. That would be a great loss. Theo Gavrielides has brought together some challenging thoughts about this danger…” Dr. Martin Wright, European Forum of restorative justice and Restorative Justice Consortium, UK and EU It is a concise, engaging, innovative and informative book for practitioners and scholars. This comprehensive introduction to restorative justice provides a much-needed textbook for an increasingly popular area of study and practice, which can be used as a basis for further theoretical development and elaboration on the concept’s limitations and accountability. Dr. Effi Lambropoulou Professor of Criminology Department of Sociology, Panteion University of Social and Politic, Greece As a restorative justice practitioner for ten years, I continue to be impressed with the in-depth research Theo Gavrielides does in the field of restorative justice. He meets the challenges with provocative and cutting edge topics directly and succinctly… The struggle of theory vs. practice has been a difficult one in the field since restorative justice began mostly with practice. Gavrielides approaches this struggle with wisdom of historical roots and with encouragement that restorative justice is developing theory to catch up with practice. Linda Harvey Program Director and Founder of the Restorative Justice Council on Sexual Misconduct in Faith Communities, USA “Dr. Theo Gavrielides’ book provides a special journey from the underlying theoretical foundations to the daily practice of restorative justice. By his thought-provoking and critical approach, he gifts the restorative justice field with an essential analysis that bridges theory and practice in an interdisciplinary and multisectoral way” Borbala Fellegi, researcher and lecturer at the ELTE University, consultant of the Ministry of Justice in Hungary in the field of restorative justice, Hungary
Restorative Justice
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Author : Heather Strang
language : en
Publisher: Routledge
Release Date : 2017-09-19
Restorative Justice written by Heather Strang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-19 with Law categories.
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 In Context
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Author : Elmar G. M. Weitekamp
language : en
Publisher: Routledge
Release Date : 2012-12-06
Restorative Justice In Context written by Elmar G. M. Weitekamp and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
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 burgeoning field of restorative justice, and they provide a comprehensive review of developing international practice and directions, and the context in which restorative justice practices are developing. Restorative Justice in Context moves beyond a focus on restorative justice for juveniles to a broader concern with the application of restorative justice in such areas as corporate crime, family violence and the application of restorative justice in cases of extreme violent crimes. The contexts examined are drawn from Europe, North America, Australasia and Japan. leading world authorities analyse international case studies reflecting the growth of restorative justice worldwiderapidly expanding area of interest
Comparative Restorative Justice
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Author : Theo Gavrielides
language : en
Publisher: Springer Nature
Release Date : 2021-09-20
Comparative Restorative Justice written by Theo Gavrielides and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-20 with Social Science categories.
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 In Transitional Settings
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Author : Kerry Clamp
language : en
Publisher: Routledge
Release Date : 2016-02-12
Restorative Justice In Transitional Settings written by Kerry Clamp and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-12 with Social Science categories.
Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse. Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome. This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.
Restorative Justice
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Author : Gerry Johnstone
language : en
Publisher: Routledge
Release Date : 2013-03-01
Restorative Justice written by Gerry Johnstone and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Social Science categories.
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.