Criminal Justice 2008

What is restorative justice?

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Walgrave, L. ed. (2002) "Restorative Justice and the Law"

Uploaded at: 2010. 03. 01.


Devon, Willan Publishing, 248 p.

One of the crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law. Contents: 1) L. Walgrave, “Introduction: Restoration and community, law and state ­ paradoxes, contradictions, convergences?”; 2) G. Pavlich, “In search of restorative ethics”; 3) H. Boutellier, “Restorative justice as a moral response to crime”; 4) J. Braithwaite, “In search of restorative jurisprudence”; 5) D. Van Ness, “Creating restorative systems”; 6) A. Crawford, “Heresy, nostalgia and butterfly collecting: the state, community and restorative justice”; 7) G. Bazemore, “Repair, relationships and rehabilitation: toward a restorative theory of offender reintegration”; 8) I. Weijers, “A pedagogical point of view on restorative conferencing”; 9) A. Duff, “Restorative Punishment and Punitive Restoration”; 10) L. Walgrave, “Regulating coercion in restorative justice”.

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.

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