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Home articlesdb articles Van Ness, Daniel W and Nolan, Pat. Legislating for Restorative Justice

Summary

Van Ness, Daniel W and Nolan, Pat (1998). Legislating for Restorative Justice Regent University Law Review. 10:53.

In their article on legislating for restorative justice, Daniel Van Ness and Pat Nolan begin with an overview of restorative justice theory and practice, the significance of restorative justice in relation to current criminal justice systems, and certain criticisms of restorative justice. This leads to the main body of the article which is divided into three parts. In the first part, general issues with respect to legislating for restorative justice are identified and discussed. The second part reviews particular legislative approaches that have been pursued in implementing restorative features in the criminal justice system. In the third part of the article the authors consider the process of enacting legislation, with particular attention to the demands this places on restorative justice advocates.


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What is Restorative Justice?

Restorative justice is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders. More



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