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

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Promoting previously unthinkable ways

from the paper by Derek Wilson:

Building a more restorative culture in society is to: build a new practice that works critically and reflectively within existing traditions and institutions; enable people to transgress traditional boundaries and meet; support existing organisations re-envision their role in the light of a new and agreed political dispensation; and set free initiatives that are transformative because of their inclusive structures or the focus of their work.

....An initial question before reading this is “what are we restoring to?”

Jan 24, 2011 Definition, Theory, Country:Northern Ireland, Distinguishing, Region: Europe

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