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Book Review: Handbook of Restorative Justice
This collection of essays offers a broad overview of restorative justice by covering a wide range of topics from foundational principles to visionary applications. Margarita Zernova offers this descriptive review.
Dennis Sullivan and Larry Tifft intended their Handbook to provide a forum for the contributors to explore the potential of restorative justice as applied at the most personal as well as at the most global levels. This collection of essays reflects the diversity and the complexity of restorative ideas and provides a wealth of information about issues surrounding the subject.
Sullivan and Tifft open the discussion by describing restorative justice as subversive at its core, a form of insurgency in the sense that it competes with the state and other power-based social arrangements in responding to conflicts and defining harms. It is also subversive in that it challenges conceptually and practically the social arrangements that prevent human needs being met and create obstacles to human development. The authors analyze the multiple barriers to restorative processes in today’s society and express the hope that their Handbook might act as a catalyst for creating ‘a world in which it is easier for all of us to be good, to be kind and compassionate, to be welcoming of others’ (p. 14).
The Handbook consists of 38 chapters divided into seven parts, each preceded by an introduction in which the editors outline key issues and summarize the chapters that follow.
The first part provides an excellent overview of the evolution of restorative justice which can be useful for both newcomers to the area and those who are already familiar with it, but want a thorough summary of practices and developments in the field. It begins with a detailed review by McCold of the evolution of mediation, conferencing and circles over the past thirty years. Umbreit, Coates and Vos examine some of the changes that have altered the scope of victim-offender mediation, highlight the elements that have remained constant during the evolution, identify issues that are likely to generate future changes and summarize findings from the empirical research. Pelikan and Trenczek present the history of the development of mediation in Europe, describing the diverse landscape and focusing on a number of specific jurisdictions. They summarize results of empirical research and discuss many controversial issues relating to the practice of mediation and its future. Maxwell, Morris and Hayes describe restorative conferencing for young offenders in New Zealand and Australia and, on the basis of empirical findings, assess the degree to which these practices reflect restorative processes and result in restorative outcomes. Bonta, Jesseman, Rugge and Cormier examine the evidence regarding restorative justice and its impact on recidivism in comparison to the effects of deterrence and rehabilitation. Stuart and Pranis reflect on peacemaking circles – their nature, unique qualities, uses and outcomes – and conclude that circles embody a social vision of restorative justice, requiring both individual and community responsibility, and drawing attention to both the harms that have caused crime and those resulting from a crime. Daly in her chapter addresses some of the limits of restorative justice, while warning that they should not be grounds for dispensing with, or being disillusioned by, the restorative idea.
Part Two of the Handbook focuses on the spiritual foundations of restorative justice. It includes a discussion of the philosophical and relational framework for Navajo peacemaking and its history by Zion and Yazzie. Louw then explains the African concept of ubuntu, or humanity, which underpins current attempts to develop restorative justice in South Africa. Spiritual foundations for modern restorative justice found in the major world religions are described by Hadley. Empathy and how it works are analysed by Pepinsky. Sanctuary justice is offered by Cordella as the most participatory and least punitive model of dispute resolution.
The needs and healing of victims form the central theme of Part Three. Achilles and Stutzman-Amstutz open the discussion by reviewing victims' increasing participation in state justice systems as well as the promise of restorative justice to victims (and what has actually been delivered to them). Kauffman explores how restorative justice restores the assumptive world that has been disrupted by the experience of victimhood. Kay explains why telling stories can be healing and politically necessary for murder victims’ families who oppose the death penalty. Acker critically examines the justifications for capital punishment offered in the name of murder victims and concludes that the death penalty is at odds with basic precepts of restorative justice. Brink argues that the families of those punished by the state are not only victims of their relative's crime but also victims of punishment.
Part Four continues the discussion of victims and their needs, healing and restoration. Walklate argues that the meaning of ‘victim’ is entangled with a political economy of victimization images and explores how the different images of victimization might inform restorative justice’s response to victims. Pennell discusses the impact of widening the circle of participants in family group conferences in cases of domestic violence and child protection. McAlinden proposes extending the application of restorative justice to cases of child sexual abuse. Holter, Martin and Enright discuss forgiveness education work in elementary schools in conflict-torn communities in Belfast. McEvoy and Eriksson analyse the community-based restorative programs in Northern Ireland and argue that restorative principles can be useful in responding to challenges faced by a society in transition, particularly in relation to reintegration, community capacity building and adopting a bottom-up culture of human rights.
Part Five centres on healing and reconciliation processes in nations undergoing transition and reconstruction in the aftermath of war and gross human rights violations. Danieli describes the necessary components for healing in the wake of trauma. Cunneen explores the relationship between reparations and restorative justice through a consideration of the international movement to provide reparations for the victims of human rights abuses. Nikolic-Ristanovic explores truth and reconciliation activities in Serbia and suggests a possible restorative model for the Serbian context. Villa-Vicencio discusses the tension between retributive and restorative justice in transitional societies, with particular attention to South Africa. Dinnen examines the social and historical foundations of restorative practices and current political-economic contexts in Melanesian countries of the Southwest Pacific. Waldorf analyses gacaca, used by the Rwandan government to promote reconciliation in the aftermath of genocide, and concludes that its restorative justice goals are unlikely to be met.
Part Six critically evaluates restorative justice and some of its key concepts. Friedrichs places the development of restorative justice in the context of criminological thought. Harris and Maruna critically analyse the role of shame in restorative justice. Clear discusses the relationship between restorative and community justice. Arrigo assesses restorative justice from a postmodernist perspective, identifying serious limits to the vision of justice pursued by proponents and suggesting that postmodern social theory offers a more liberating blueprint for restorative reforms. Gaarder and Presser explore the ideological connections between feminist ethics and the restorative justice philosophy.
The final part of the Handbook addresses the relationship between restorative and transformative justice. Gil notes that restorative justice typically responds to consequences of social-structural violence, rarely confronting the sources of such violence. Building on the transformative justice theme, Martin explores environmental and economic development policies developed in Costa Rica. Dyck responds to the criticism that restorative justice fails to address structural dimensions of criminal conflict by arguing that it may be possible, indeed essential, for restorative programmes to design models and approaches that confront the structural sources of conflicts, as well as cultivate a consciousness of structural injustice among restorative practitioners. Boehrer shares his experience of applying restorative principles in one’s personal life and the attempt to live a restorative lifestyle. Harris concludes the volume by exploring the meaning of the concept of transformative justice, with a particular focus on the connections between transformative and restorative justice and various views on this issue.
The Handbook offers an important contribution to the development of the restorative justice thought. Unlike many books in the area, the discussions are not limited to application of restorative justice within the criminal justice context. On the contrary, the book asserts that restorative justice philosophy has application to every aspect of social life, at every level of human interactions. Many essays offer a more radical vision of restorative justice than mainstream literature in the area does, extending restorative ideas to social justice, offering engaging discussions and challenging readers to think critically about the role and the potential of restorative justice.
Margarita Zernova
(Institute of Applied Ethics, University of Hull)
December 2006
Last modified 2006-11-30 09:25
