Defining Restorative Justice

Bazemore, Gordon and Walgrave, Lode. "Restorative juvenile justice: In search of fundamentals and an outline for systemic reform."

The authors observe that support for restorative justice has converged with other emerging movements: the victims' movement; community-oriented policing; indigenous dispute resolution and justice; the women's movement; and critiques of just deserts perspectives and of traditional juvenile justice approaches. Hence, it is not surprising to find considerable ambiguity and even tension over core values and definitions in restorative justice. With all of this in view, Bazemore and Walgrave attempt to describe what is fundamentally common concerning the definition of restorative justice. They identify core principles or values of restorative justice. Then they apply these ideas and principles to juvenile justice to outline systemic reform of juvenile justice in terms of a restorative paradigm.

Braithwaite, John. Restorative Justice and a Better Future

This essay discusses the principles of restorative justice from the perspective of a case involving a robbery. Through a restorative justice conference, Sam and his victim find the social support they need to repair the damage and find healing. Combining reintegrative shaming crime theory with the principles of restorative justice offers a fundamentally different approach that contains cultural universals, that offers an alternative to retribution and rehabilitation, and can restore harmony based on a feeling that justice has been done. The social movement imbedded in restorative justice will continue to grow because it works for the people most directly involved.

Braithwaite, John. The Evolution of Restorative Justice

A new Western wave of restorative justice began with victim-offender mediation programmes in Canada and the United States in the 1970s. Then at the end of the 1980s family group conferences more like the one used in the story of Hiroshi were first developed in New Zealand. Since then there has been a proliferation of new and varied models of restorative justice. My contention is that the defining thing they have in common is that they are a process where all the stakeholders affected by a crime can come together to discuss the consequences of the crime and what can be done to right the wrong. (excerpt)

Carruthers, David. Restorative Justice: A Judicial Perspective.

This document represents an address by David Carruthers, Chief District Court Judge of New Zealand, at the 2005 annual conference of Sacro. "Sacro" stands for "Safeguarding Communities – Reducing Offending." Sacro is an organization aiming to promote community safety in Scotland through high quality services to reduce conflict and offending. From his perspective and experience as a judge, Carruthers reflects on restorative justice theory and practice in general, restorative justice in New Zealand (history and development of restorative justice in youth and adult settings, and the practice of restorative justice), and some common criticisms of restorative justice.

Claassen, Ron. "The J Scale: Measuring Restorative Justice."

This is one in a series of papers on basic principles of restorative justice. Noting and applauding a growing interest in restorative justice, Claassen cautions that the words may be used to describe many things that, in actions and outcomes, are not in fact restorative. Therefore, he provides a table with some continuums that can be helpful in evaluating and measuring actions and outcomes to determine if justice processes are actually implementing restorative justice.

Claassen, Ron. "The Myth of Redemptive Violence: Restorative Justice Challenges the 'Myth of Redemptive Violence

This is one in a series of papers on basic principles of restorative justice. In it Claassen refers to Walter Wink's assertion that our society's preferred response to violence is vengeance, which Wink labels as the "myth of redemptive violence" - the belief that violence is a necessary and appropriate response, and even healing for the victim, especially when administered by the state on a victim's behalf. Against this, Wink points out that Jesus rejected violence as a constructive way of responding to a wrong or injustice, and Wink helps us to understand that there are alternatives to violence

Claassen, Ron. "What Is Forgiveness?"

This is one in a series of papers on basic principles of restorative justice. Claassen claims that the biblical notion of forgiveness, which is a process, involves three key elements: recognizing the injustice (confession); restoring the equity (atonement); and clarifying future intentions (repentance).

Claassen, Ron. "What Is Restorative Justice? Restorative Justice 1.

This is the first in a series of papers on basic principles of restorative justice. In this the author asks whether "criminal justice system" is a good name. Does it describe the primary actors? Is it descriptive of what people do? He contends that the name is a problem - it is not helpful, and it is confusing. He then proposes that we change from "criminal justice system" to "restorative justice system" to clarify the purpose of the system, how it should operate, and provide a measure for its success.

Claassen, Ron. Accountability and Restorative Justice

This is one in a series of papers on basic principles of restorative justice. Claassen remarks that everyone agrees accountability is a central component in reducing crime, but people often mean different things. To help determine the meaning, he lists several criteria that indicate an offender is held accountable and accepts responsibility. Claassen also outlines an accountability process.

Claassen, Ron. Restorative Justice - Fundamental Principles

As revised May 1996 at the UN Alliance of NGOs Working Party on Restorative Justice, this page presents 11 principles of restorative justice as identified by the author. It summarizes his longer descriptions in other sources, such as the 1995 July-November issue of VORP News, and his paper presented at the National Center for Peacemaking and Conflict Resolution in 1995.

Claassen, Ron. Restorative Justice Principles: 'Restorative Justice' Primary Focus on People, Not Procedures

In this article the author introduces a series of articles that originally appeared in the VORP newsletter of the Central Valley in California. (They were based on two presentations given by the author at the 1996 National Conference on Peacemaking and Conflict Resolution.) Noting similarities between the criminal justice system and discipline systems in schools, Claassen presents 11 principles of restorative justice that he claims would, if recognized and practiced, reduce violence and increase overall safety and cooperation.

Doolin, Katherine. But What Does It Mean? Seeking Definitional Clarity in Restorative Justice.

This article examines, considers the effects of, and proposes resolutions to a number of significant tensions arising from the way the fundamental concepts of restorative justice are defined and used. The article uses as a framework two key issues. First, whether restorative justice should be defined primarily in terms of the process to be used or the outcomes to be achieved. Secondly, attention will be drawn to the lack of clarity in defining restoration. This article proposes a list of irreducible core values of restorative justice and contends that agreement about these will best advance the theoretical debate, assist the appraisal of restorative justice in practice and prioritise the restoration of victims and the fair treatment of offenders.(author's abstract)

Dzur, Albert W and Olson, Susan M. The Value of Community Participation in Restorative Justice

In the words of Albert Dzur and Susan Olson, restorative justice is a normative theory and reform movement oriented around bringing dialogue and reconciliation among victim, offender, and community to the center of criminal justice. Despite its success after a number of years of exploration, experimentation, and implementation, restorative justice is an amalgam of empirical expectations and normative ideals yet to be fully realized. Dzur and Olson point to community participation in restorative justice dialogue as one such ideal. For them, the prospect of community participation in restorative justice is intriguing because it corresponds closely with idealized accounts of public deliberation in deliberative democratic theory. With all of this in mind, Dzur and Olson argue that restorative justice explanations of the value of community dialogue in restorative justice practices are marked by a tension between 'progressive' and 'traditionalist' interpretations.

Gabbay, Zvi. Justifying Restorative Justice: A Theoretical Justification for the Use of Restorative Justice Practices.

This article analyzes the philosophical premises of the two main theories of punishment that influence sentencing in most Western countries—retributivism and utilitarianism—and compares them to the basic values and practices of restorative justice. The article argues that if justice is given a deeper meaning and punishment is viewed more broadly, restorative justice practices do not contradict the basic principles upon which the current criminal justice system is based. Rather, restorative justice can be included in the criminal justice system to not only uphold the theories of that system, but also to help amend some of its deficiencies and further its goals. This article begins by exploring the deficiencies of the current criminal justice system and how restorative justice can address these deficiencies by including victims in the process and preparing the offender and community for his or her re-entry into society. The second half of the article argues that restorative justice practices are not only justifiable on a practical level, but that they also satisfy the theoretical requirements of the two major theories of punishment in Western societies—retributivism and utilitarianism. The article concludes with a discussion of how restorative justice differs from the “rehabilitative ideal”, popular in the early part of the 20th century, and whether restorative justice practices can provide enough uniformity and equality to be successful in the criminal justice systems of most Western countries.

Goold, Benjamin. Restorative Cautioning, Theories of Reintegration, and the Influence of Japanese Notions of Shame

Certainly one of the most significant developments in the treatment of young offenders in Britain over the past decade has been the move away from punitive forms of cautioning towards a new type of informal disposal known as "restorative cautioning". Although there is now a considerable body of academic and professional literature that examines the theory and practice of restorative cautioning, recently little has been written about the intellectual and cultural origins of this new approach to punishment and dispute resolution. This article explains some of the central notions of restorative justice, drawing particular attention to the influence of Japanese notions of shame and community on cautioning practices in Britain and elsewhere. (excerpt)

Harris, Scott. Principles and Values of Restorative Justice

Scott Harris works in the Restorative Justice Unit of the Correctional Service of Canada. In this paper, part of a restorative justice resource kit, Harris explains some of the key or fundamental principles and values of restorative justice. He acknowledges that there are a variety of definitions of restorative justice, yet he asserts that understanding its roots leads to some common core elements. These are fundamental to ensuring that restorative justice approaches remain consistent with the philosophy underpinning it. He identifies and explains the following common elements as a way of highlighting key principles and values of restorative justice: harm; inclusion; accountability; safety; transformation; choice; humanism; interaction; and holism.

Hill, Jane and Wright, Graham. Reforming the Criminal Justice System Through Social Healing.

The article identifies social healing as the key value that should underpin restorative justice. This builds on the work of Bazemore (2001: 209) who states healing is ‘[T]he first and most important big idea of the restorative perspective…’ It is a value that has even been obscured by intra-restorative debates, particularly those that have dichotomised process and outcome. Through the focus on healing, it is argued that it is possible to gain a more convincing commitment to restorative principles through which a challenge to the taken-for-granted assumptions of traditional criminal justice can take place. It is our contention that healing has the potential to take place on three levels –the individual level, between victims and offenders; at the criminal justice policy level where those implementing restorative justice strategies can bring about institutional changes through their practice; at the societal level where greater community and inter-agency involvement in restorative processes become the filter through which, to use Zehr’s analogy, the lens is changed. (excerpt)

Howse, Robert and Llewellyn, Jennifer J.. Restorative Justice - A conceptual framework

A conceptual framework for restorative justice is required in order to understand what practices meet the demands of a restorative model. This paper is intended to develop just such a conceptual framework for restorative justice. The framework will articulate a definition of restorative justice, examine its relationship to other prevailing conceptions of justice, and identify the constitutive elements necessary for restorative justice practice.

Johnstone, Gerry. How, and in What Terms, Should Restorative Justice be Conceived?

What is restorative justice? This is the question Gerry Johnstone asks at the beginning of his chapter in Critical Issues in Restorative Justice. Proponents advance a variety of ideas about the nature, scope, and aims of restorative justice. Most advocates construe it as an innovative way to understand and respond to crime, delinquency, and perhaps bullying. Some, however, sketch out a much more ambitious significance for the theory and application of restorative justice in society at large. To answer the question of what restorative justice is, Johnstone suggests that it is better to seek first what it is in the arena of criminal justice. Following this it may be possible to pursue the meaning of restorative justice in the wider sphere of society in general. With all of this in mind, Johnstone examines different perspectives on the nature of restorative justice even within the narrower scope of criminal justice. Then he discusses the question whether restorative justice is basically an alternative approach within criminal justice or is more broadly and perhaps more fundamentally an alternative life ethos.

Kibiti, Ruth N. Is Reconciliation Justice?

Ruth Kibiti begins this paper by observing that discussions on truth, reconciliation, and justice have proliferated in academic circles and human rights organizations in the last fifteen years. Much of the discussion has arisen because of human rights violations, struggles for independence, and questions of governance in Africa. Transitions from situations of human rights violations in countries toward new states and societies have necessitated reconciliation processes in pursuit of some form of unity in nations and societies. In this framework, Kibiti asks whether reconciliation is justice. Through her exploration of this question, she argues that reconciliation, truth, peace, and justice share a common relationship whereby one cannot be achieved without the others.