Socio-Legal Issues
Restorative justice has many socio-legal implications related to its implementation. Among some of the issues discussed in this section:
- rights versus responsibilities examines the socio-legal implications of different perspectives--that of the traditional criminal justice system emphasis on defining and protecting individuals' rights through formal, adversarial processes, and of the restorative emphasis on assuming responsibilities and collective conflict-resolution through informal processes;
- norm/value explication and clarification asserts the ability of a restorative justice system to promote education of norms and/or values held communally and/or universally;
- fairness and justice re-examines the meaning of "fairness" within the traditional and restorative systems, and how it relates to their different processes for achieving justice;
- discretion deals with the issue of what entity has the authority to decide the course of a particular case within the context of a system with restorative interventions
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