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Debating restorative justice
reviewed by Martin Wright:
This is the first of a new series of law books, each containing two essays of about 30,000 words on different sides of a current debate. Carolyn Hoyle suggests that there is more talk than action, and some of the action called restorative is actually punitive, such as the community service performed in conspicuous clothes. In her discussion of communitarianism she regards community participation as the presence of supporters and others at a restorative conference, but does not refer to the involvement of independent voluntary-sector mediation services (and admittedly they are thin on the ground). She considers that communitarians go too far in rejecting the state. In her view restorative justice and criminal justice are complementary: courts are necessary if the accused doesn’t admit involvement. This is true; Hoyle does not exclude the use of prison for retribution, but surely in a fully restorative system the courts would impose reparative, not punitive, sanctions. She does not explore whether these should try to be proportionate to the offender’s culpability or the harm suffered by the victim.
Jan 25, 2011 Definition, Distinguishing, Theory, Correspondent:Martin Wright, Conceptual, Potential
Circling self-interest and democracy
reviewed by Dan Van Ness
Lode Walgrave begins his exceptional 2008 book Restorative Justice, Self-interest and Responsible Citizenship like many writers on restorative justice. He reviews the ancient and recent history of restorative approaches, proposes and explains a definition of restorative justice, and outlines various restorative schemes. He then contrasts restorative approaches from contemporary criminal practice and identifies ways in which the former resolves practical and ethical problems of the latter.
The person who crosses this familiar territory with Lode is well rewarded because he writes with analytical precision, a scholar’s restraint, and the passion of someone with conviction. He has much to say that is worth hearing. He once again explains clearly why he favours a maximalist definition of restorative justice, one that is not limited to deliberative schemes but which applies only to harm caused by crime. He carefully and thoroughly builds his case against punishment and against restorative justice being considered an alternative punishment rather than an alternative to punishment.
Dec 22, 2010 Definition, Theory, Correspondent:Dan Van Ness, Distinguishing, Conceptual, Circle
John Braithwaite video introduction to restorative justice
John Braithwaite is a leader in restorative justice (and in many other fields). He teaches at Australian National University which has now posted an 18 minute video in which he explains the basic theories and applications of restorative justice.
It is well done, and is presented in segments, which means it can be used in whole or in part.
Dec 02, 2009 Limitations, Definition, Dialogue, Retribution, Theory, Indigenous, Shaming, Distinguishing, Conceptual, Potential
We live in a relational and moral universe
by Dan Van Ness
At the 2nd National Conference on Restorative Justice in San Antonio, Jennifer Llewellyn spoke of the importance of relationships. “We live in a relational universe,” she said. This is why restorative justice is so powerful – it addresses something real, something that is part of the fabric of life itself. Relationships are core to who we are.
Jul 10, 2009 Retribution, Definition, Theory, Correspondent:Dan Van Ness, Distinguishing, Conceptual
Book Review: Restorative justice: From theory to practice, Holly Ventura Miller, ed.
"Sociology of Crime, Law and Deviance" is an annual series published by Emerald Group Pub, Ltd. of scholarly work in criminology and criminal justice studies, sociology of law, and the sociology of deviance. This volume, edited by Holly Ventura Miller, is dedicated to restorative justice.
Jun 26, 2009 Limitations, Definition, Distinguishing, Correspondent:Martin Wright, Retribution, Conceptual
Howard Zehr on what restorative justice and revenge have in common
From his blog entry:
Before you gasp and close this page, stay with me. I’m not trying to rehabilitate the practice of revenge or retribution. Nor is my intention to discount the importance of forgiveness. I do want to explore an underlying link between them, however.
Jun 25, 2009 Conceptual, Definition, Distinguishing, Theory
