Search results for 'Restorative justice' (try it on Scholar)

  1. Gerry Johnstone (2002). Restorative Justice: Ideas, Values, Debates. Willan Pub..
    Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions (...)
     
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  2.  78
    Jeffrey Blustein (2010). Forgiveness, Commemoration, and Restorative Justice: The Role of Moral Emotions. Metaphilosophy 41 (4):582-617.
    Abstract: Forgiveness of wrongdoing in response to public apology and amends making seems, on the face of it, to leave little room for the continued commemoration of wrongdoing. This rests on a misunderstanding of forgiveness, however, and we can explain why there need be no incompatibility between them. To do this, I emphasize the role of what I call nonangry negative moral emotions in constituting memories of wrongdoing. Memories so constituted can persist after forgiveness and have important moral functions, and (...)
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  3. Raffaele Rodogno (2008). Shame and Guilt in Restorative Justice. Psychology, Public Policy, and Law 14 (2):142-176.
    In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and (...)
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  4.  14
    V. C. Geeraets (2016). Fictions of Restorative Justice, Vincent Geeraets. Criminal Law and Philosophy 10 (2):265-281.
    In this paper, I argue that scholars such as John Braithwaite and Lode Walgrave rely on fictions when presenting their utopian vision of restorative justice. Three claims in particular are shown to be fictitious. Proponents of restorative justice maintain, first, that the offender and the victim voluntarily attend the restorative conference. Second, that the restorative conference enables the offender and the victim to take on active responsibility. Third, that the reparatory tasks on which the (...)
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  5.  11
    Tyrone Kirchengast (2010). Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike? [REVIEW] Criminal Law and Philosophy 4 (2):197-213.
    The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account of the (...)
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  6.  48
    Wesley Cragg (1992). The Practice of Punishment: Towards a Theory of Restorative Justice. Routledge.
    In the latter half of the twentieth century, there has been a sharp decline in confidence in sentencing principles, due to a questioning of the efficacy of punishment. It has been very difficult to develop consistent, fair, and humane criteria for evaluating legislative, judicial and correctional advancements. The Practice of Punishment offers a comprehensive study of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. The theory of punishment that emerges is built (...)
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  7.  13
    Jakob Holderstein Holtermann (2009). Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment. Criminal Law and Philosophy 3 (2):187-207.
    Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial (...)
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  8.  2
    Annabelle Mooney (2014). Restoring Trust: Plachimada, the Human Trust and Anticipatory Negligence as Restorative Justice. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):243-261.
    This paper argues for proleptic restorative justice in the area of the environment in the form of a ‘human trust’. Drawing inspiration from the Roman public trust, the human trust insists that some ‘goods’ are so important that they can neither be owned nor spoiled; rather, they must be protected. In order to explain this model, water rights will be used as an example, specifically, the case of Plachimada’s battle with Coca-Cola over the use of local ground water (...)
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  9.  73
    David J. Cornwell (2006). Criminal Punishment and Restorative Justice: Past, Present, and Future Perspectives. North American Distributor, International Specialised Book Services.
    Provides an international perspective as to the potential of restorative justice to * Deliver better ways of dealing with offenders and victims * Reduce the use ...
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  10.  32
    Charles K. B. Barton (2003). Restorative Justice: The Empowerment Model. Hawkins Press.
    There will also be two sample role plays in the book and additionally there will be four complete role plays available on our website, closer to publication ...
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  11.  8
    David J. Cornwell (2009). The Penal Crisis and the Clapham Omnibus: Questions and Answers in Restorative Justice. North American Distributor, International Specialised Book Services.
    Designed for a wide readership, this book looks at the proble.
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  12. Heather Strang & John Braithwaite (2002). Restorative Justice and Family Violence. Monograph Collection (Matt - Pseudo).
     
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  13.  16
    Howard Zehr (2009). The Intersection of Restorative Justice with Trauma Healing, Conflict Transformation and Peacebuilding. Journal for Peace and Justice Studies 18 (1/2):20-30.
    Although it originated in criminal justice, restorative justice is essentially a peacebuilding or conflict transformation approach to justice. The crossdisciplinary experience at the Center for Justice and Peacebuilding has suggested some important lessons for restorative justice, peacebuilding and related fields. These include the role of trauma and victimization in justice and peacebuilding; the significance of justice questions in trauma and conflict resolution; the importance of addressing responsibilities as well as needs; the (...)
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  14.  4
    Laura Mirsky (2009). Restorative Justice Practices of Native American Practitioners of the Southwestern United States. Journal for Peace and Justice Studies 18 (1/2):95-107.
    This article about restorative justice practices of Native American Restorative Justice of the southwestern United States is not intended to be all-inclusive, but rather a broad thematic overview. It includes interviews with three justice practitioners of the southwestern United States: The Honorable Robert Yazzie, chief justice emeritus of the Navajo Nation Supreme Court and director of the Dine’é Policy Institute of the Dine’é College at Tsaile, Arizona, a college chartered by the Navajo Nation; Judge (...)
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  15.  24
    Martin Wright (1996). Justice for Victims and Offenders: A Restorative Response to Crime. Waterside Press.
    Martin Wrights original ground-breaking and influential analysis of the defects of the adversarial system of justice, plus the arguments in favour of a more ...
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  16. Gerry Johnstone & Daniel Van Ness (2007). The Meaning of Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice.
     
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  17.  11
    Francis J. Schweigert (1999). Learning the Common Good: Principles of Community-Based Moral Education in Restorative Justice. Journal of Moral Education 28 (2):163-183.
    This study investigates the educative process in restorative justice reforms, revealing three characteristics effective in facilitating moral learning for the common good. These three characteristics can be formulated as principles to guide the theory and practice of communitybased moral education. First, restorative justice brings the moral authority in personal communal traditions and the moral authority in impersonal universal norms together in a mutually reinforcing combination. Secondly, restorative justice processes focus on the "space between places" (...)
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  18.  11
    Kathleen Daly & Julie Stubbs (2007). Feminist Theory, Feminist and Anti-Racist Politics, and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 149--170.
  19.  6
    Declan Roche (2007). Retribution and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 75--90.
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  20. Brenda Morrison (2007). Schools and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 325--350.
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  21.  9
    Bas van Stokkom (2008). Forgiveness and Reconciliation in Restorative Justice Conferences. Ethical Perspectives 15 (3):399-418.
    This paper presents some findings concerning peacemaking in restorative justice conferences. In guidelines and handbooks where the terms and conditions of restorative conferences are exemplified, forgiveness and reconciliation are not explicitly mentioned. However, many proponents of restorative justice assume that ‘coming together voluntarily’ will lead to rapprochement and reconciliation. Research findings in many ways contradict this supposed dynamic. Many victims want to teach the young offender a lesson. Others don’t want ‘closure’ or ‘restoration,’ and experience (...)
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  22.  11
    Hilary Cremin, Edward Sellman & Gillean McCluskey (2012). Interdisciplinary Perspectives on Restorative Justice: Developing Insights for Education. British Journal of Educational Studies 60 (4):421 - 437.
    This article takes restorative justice as an example of an initiative that crosses disciplinary boundaries, and that has been usefully applied within educational contexts. Grounded in criminology, restorative justice also has roots in psychology, education, sociology, peace studies, philosophy and law. The article draws on an ESRC funded seminar series which investigated interdisciplinary perspectives on restorative justice and their applicability to education. The series found that the ways in which restorative justice is (...)
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  23.  7
    Ari Kohen (2009). The Personal and the Political: Forgiveness and Reconciliation in Restorative Justice. Critical Review of International Social and Political Philosophy 12 (3):399-423.
    At the center of this paper are three questions: in the absence of a religious worldview, can one gain access to the concepts of forgiveness and reconciliation, can reconciliation be achieved in the absence of forgiveness or does the former depend in some way upon the latter, and can we make sense of a restorative approach to justice in the absence of either forgiveness or reconciliation? To answer these questions, I look closely at the concept of forgiveness in (...)
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  24.  6
    Margarita Zernova & Martin Wright (2007). Alternative Visions of Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 91--108.
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  25.  2
    Gerry Johnstone & DanielW Van Ness (2007). Evaluation and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice.
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  26.  4
    Hennessey Hayes (2007). Reoffending and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 426--444.
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  27.  10
    Conrad G. Brunk (1996). Restorative Justice and Punishment. Dialogue 35 (03):593-.
    In The Practice of Punishment, Wesley Cragg sets out a systematic “restorative” theory of criminal punishment. For him, restorative justice identifies the goal of punishment as “the resolution of disputes to which criminal offenses give rise in ways designed to sustain confidence in the capacity of the law to fulfil its legitimate functions on the part of victims of crime and the public at large”.
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  28.  3
    Gerry Johnstone & DanielW Van Ness (2007). Restorative Justice in Social Context. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice.
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  29.  4
    Jack B. Hamlin (2014). The Semiotics of Restorative Justice: The Healing Garden Nurtured From the Well-Spring of Signs, Symbols and Language. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):217-221.
    While writing the foreword for this special edition of the International Journal for the Semiotics of Law, I was informed of Dr. Nelson R. Mandela’s death. While saddened with his passing, I was struck by the fact, he was one of the two men who most influenced my study and practice of Restorative Justice; the other was my father. Both passed away while this edition was compiled and edited.In the mid 1990s, I first read about Restorative (...) as an aspect of the Truth and Reconciliation Commission (“TRC”) established by Dr. Mandela in post-apartheid South Africa. I was fascinated by his forgiveness of his oppressors and how he infused the ideals of reconciliation and forgiveness into a court-like hearing. It was an opportunity for the victim of human rights violations to face the perpetrator and tell the perpetrator the extent of the injuries he or she suffered. After the victim spoke, the perpetrator had an opportunity to admit to the wrongdoing, take full responsibility for the har. (shrink)
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  30.  3
    Jennifer Llewellyn (2007). Truth Commissions and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 351--371.
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  31.  3
    Gordon Bazemore & Lori Elis (2007). Evaluation of Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 397--425.
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  32.  1
    Jack B. Hamlin & Akira Hokamura (2014). The Cultural Context of Restorative Justice: Journeys Through Our Cultural Forests to a Well-Spring of Healing. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):291-310.
    In the field of Conflict Transformation, Restorative Justice is often perceived as a transformative process focused on healing relationships after a specific harm. The parties considered in a RJ setting are those harmed, those responsible and the community impacted. This is particularly true in the field of criminal and transitional justice, and in an extended and spiritual view, there is reconciliation with the parties and God. Despite cultural differences, RJ theory and concepts have been accepted favorably in (...)
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  33.  3
    Cbn Gade (2013). Restorative Justice and the South African Truth and Reconciliation Process. South African Journal of Philosophy 32 (1):10-35.
    It has frequently been argued that the post-apartheid Truth and Reconciliation Commission (TRC) was committed to restorative justice (RJ), and that RJ has deep historical roots in African indigenous cultures by virtue of its congruence both with ubuntu and with African indigenous justice systems (AIJS). In this article, I look into the question of what RJ is. I also present the finding that the term ‘restorative justice’ appears only in transcripts of three public TRC hearings, (...)
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  34.  2
    D. Van Ness (2007). Prisons and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice.
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  35.  2
    Nadine F. Bowers du Toit & Grace Nkomo (2014). The Ongoing Challenge of Restorative Justice in South Africa: How and Why Wealthy Suburban Congregations Are Responding to Poverty and Inequality. Hts Theological Studies 70 (2):01-08.
    South Africa remains one of the most unequal societies in the world and any discussion around poverty and the church's response cannot exclude this reality. This article attempts to analyse the response of wealthy, 'majority white' suburban congregations in the southern suburbs of Cape Town to issues of poverty and inequality. This is attempted through the lense of restorative justice, which is broadly explored and defined through a threefold perspective of reconciliation, reparations and restitution. The first part explores (...)
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  36.  1
    Simon Green (2007). The Victim's Movement and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 171--191.
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  37.  1
    Carolyn Hoyle (2007). Policing and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 292--311.
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  38. Wesley Cragg (2003). The Practice of Punishment: Towards a Theory of Restorative Justice. Routledge.
    This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. (...)
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  39. Trevor Gardner (2016). Discipline Over Punishment: Successes and Struggles with Restorative Justice in Schools. Rowman & Littlefield Publishers.
    Discipline Over Punishment is an exploration of the transformative potential of restorative discipline practices in schools, ranging from the micro-level of one-on-one interactions with students to the macro-level of re-routing the school-to-prison pipeline and improving life outcomes for young people. Gardner, who continues to teach high school in Oakland, CA, has spent nearly 20 years innovating, struggling, and succeeding to implement various restorative justice practices in classrooms and schools around the Bay Area. Using classrooms and schools where (...)
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  40. Ami Harbin & Jennifer Llewellyn (2016). Restorative Justice in Transitions: The Problem of ‘The Community’ and Collective Responsibility. In Kerry Clamp (ed.), Restorative Justice in Transitional Settings. Routledge 133-151.
     
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  41. H. Hayes (2007). Restorative Justice and Re-Offending. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice.
     
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  42. Gerry Johnstone (2007). Critical Perspectives on Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 598--614.
     
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  43. Gerry Johnstone & DanielW Van Ness (2007). Roots of Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice.
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  44. Gerry Johnstone & DanielW Van Ness (2007). The Global Appeal of Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice.
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  45. Jean Kiyala (2015). Challenges of Reintegrating Self-Demobilised Child Soldiers in North Kivu Province: Prospects for Accountability and Reconciliation Via Restorative Justice Peacemaking Circles. Human Rights Review 16 (2):99-122.
    Social reintegration of self-demobilised child combatants can be seriously imperilled by the lack of accountability for human rights violations allegedly carried out during their soldiering life and the failure to pursue reconciliation with their respective communities. This paper examines the circumstances leading young soldiers to voluntarily exit armed groups and militias and the extent to which resettling in the community can be facilitated by restorative justice mechanisms. The findings suggest a large support by war-affected communities for restorative (...)
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  46. George Pavlich (2007). Ethics, Universal Principles and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice.
     
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  47. A. Skelton & M. Sekhonyane (2007). Human Rights and Restorative Justice. In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. 580--597.
     
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  48.  1
    Fainos Mangena (2015). Restorative Justice's Deep Roots in Africa. South African Journal of Philosophy 34 (1):1-12.
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  49.  17
    Albert W. Dzur & Alan Wertheimer (2002). Forgiveness and Public Deliberation: The Practice of Restorative Justice. Criminal Justice Ethics 21 (1):3-20.
  50.  17
    Nick Smith (2010). Kantian Restorative Justice? Criminal Justice Ethics 29 (1):54-69.
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