John Braithwaite
John Braithwaite has contributed to the application of restorative justice principles in both criminal and business crime.
John's 1989 book, Crime, Shame and Reintegration, has been highly influential in demonstrating that current criminal justice practice creates shame that is stigmatizing. Restorative justice, on the other hand, seeks to reintegrate the offender by acknowledging the shame of wrongdoing but then offering ways to expiate that shame.
John is a Professor in the Law Program, Research School of Social Sciences at Australian National University (ANU), and a member of ANU’s Centre for Restorative Justice.
In the 1980's and early 1990's, John worked on formulating restorative approaches to coal mine safety regulation. Then, in conjunction with Toni Makkai, Valerie Braithwaite, Diane Gibson and others, he helped develop restorative strategies in nursing home regulation, including the institution of exit conferences after regulatory inspections.
In addition, John has been an active member in a wide variety of NGOs. He served as a part-time commissioner in Australia’s Trade Practices Commission from 1985 to 1995 and on the Economic Planning Advisory Council, Chaired by the Prime Minister, from 1983-87. In 2000, he participated in an important conference in Northern Ireland that examined the possibilities for using restorative justice ideas and practices to further the peace process there.
For his extensive work on crime issues, John Braithwaite has won numerous international prizes from the American Society of Criminology, the British Socio-Legal Studies Association, the Society for the Study of Social Problems, and the Institute for Financial Crime Prevention.
Leading Edge. John is currently working on the jurisprudence of restorative justice. He asks two questions:
(1) what are restorative justice values? and,
(2) how should they inform its procedural ideas?
Restorative justice is informed by values such as mercy and forgiveness that may be limited by the retributive (just deserts) quest for proportional punishment. At the same time, mercy and forgiveness cannot be forced. Maximizing the restorative values of empowerment and respectful communication provide an open space to deal with the harm of the crime, build respect, and allow for healing. This process allows victims to make forgiveness or mercy their gift.
Important Idea
The ideal of responsibility in restorative jurisprudence is different from the responsibility ideal in traditional criminal law. Traditional criminal law holds wrongdoers responsible. This is a passive conception of responsibility.
Restorative justice has an active conception of responsibility. It is something taken rather than something to be held to.
Responsibility is the virtue of wanting to make amends in the future for something done in the past. When citizens take active responsibility for their wrongs, it is good to give them the gift of mercy.
Restorative justice gives citizens who have done nothing wrong the opportunity to take active responsibility for repairing the harm from the wrongs of others.
(adapted from John Braithwaite and Declan Roche, 'Restorative Justice and Responsibility', in M. Schiff and G. Bazemore (eds), Restorative Community Justice).
Reach John Braithwaite at john.braithwaite@anu.edu.au
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