Brunk, observing a lack of philosophical investigation of restorative justice by philosophers and even by advocates of restorative justice, examines key issues relating to restorative justice. His aim is to demonstrate the advantages of restorative justice in addressing the questions that traditional philosophical theories of punishment have sought to answer. Fundamental ethical questions or concerns have to do with the justice of legal punishment: should anyone be punished; who should justly be punished; and what forms of punishment can justly be inflicted? Brunk discusses major approaches to these questions: retributive; utilitarian deterrence; rehabilitative; restitutionist; and then restorative. In particular he examines restorative justice in relation to the following: the retributive concern for "just deserts"; the utilitarian concern for deterrence and social protection; the rehabilitative emphasis on a therapeutic analysis of and response to offences; and the restitutionist emphasis on an economic construal of and response to offences. Brunk maintains that each of the other approaches at best addresses only one of the primary ethical and jurisprudential concerns in understanding and responding to offences. Restorative justice, as against each of the other approaches, provides a much more satisfying, comprehensive, and effective understanding of the nature of wrongdoing and how to respond to it.
Source: Vanspauwen, K., Robert, L., Aertsen, I., Parmentier, S. (2003), Restorative Justice and Restorative Detention. A selected and annotated bibliography. Katholieke Universiteit Leuven, Faculteit Rechtsgeleerdheid, Onderzoeksgroep Penologie en Victimologie.