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You are here: Home articlesdb articles Daly, Kathleen. The Limits of Restorative Justice.

Summary

Daly, Kathleen (2004). The Limits of Restorative Justice. Prepared for Dennis Sullivan and Larry Tifft (eds.) Handbook of Restorative Justice: A Global Perspective (forthcoming, 2006). New York: Routledge. Downloaded 19 October 2005.

Kathleen Daly affirms value in restorative justice theory and practice, but she does so in a qualified manner, with a sharp eye toward theoretical and practical limits in this relatively new approach to justice. She observes that restorative justice, as advocated by many, consists of a set of ideals assuming a generous, empathetic, supportive, and rational human spirit. This may not be the case with those participating in a restorative justice process. Additionally, there may be tensions between the ideals. Hence, a restorative justice process may fall distinctly short of its promise due to realities. Furthermore, all efforts at justice are ultimately incomplete and limited; restorative justice is no exception. In this framework, Daly reflects on the limits of current restorative justice practices, with a focus on juvenile justice cases in common law jurisdictions.

Link: www.gu.edu.au/school/ccj/kdaly_docs/rj_paper3_the_limits_of_rj.pdf

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