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From Retributive to Restorative Justice

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Abstract

I am very grateful to Justin Coates, Adina Roskies, and Costanza Porro for their thoughtful and challenging comments on my book, The Limits of Blame: Rethinking Punishment and Responsibility (Cambridge, MA: Harvard Univ. Press, 2018). My response is organized around their discussion of four main topics: moral competence, proportionality, restorative justice, and excessive punishment.

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Notes

  1. Thanks to Antony Duff for helpful discussion on this point.

  2. D. Justin Coates, “Extending the Limits of Blame,” this volume.

  3. United States v. Lyons 731 F. 2nd 243, 739 F. 2nd 994 (5th Cir. 1984).

  4. Danielle Sered, Until We Reckon: Violence, Mass Incarceration, and A Road to Repair (New York: The New Press, 2019), especially chapter three.

  5. Sered, Until We Reckon, 91.

  6. See Sered, Until We Reckon. See also Marilyn Armour and Mark S. Umbreit, Violence, Restorative Justice, and Forgiveness: Dyadic Forgiveness and Energy Shifts in Restorative Justice Dialogue (London: Jessica Kingsley Publishers, 2018).

  7. Heather Strang and Lawrence Sherman, “Repairing the Harm: Victims and Restorative Justice,” Utah Law Review, Vol. 1 (2003): 25–33; Barton Poulson, “A Third Voice: A Review of Empirical Research on Psychological Outcomes of Restorative Justice,” Utah Law Review, Vol. 1 (January 2003): 167–203.

  8. Ellie Piggott and William Wood, “Does Restorative Justice Reduce Recidivism?” Routledge International Handbook of Restorative Justice, ed. Theo Gavrielides (London: Routledge, 2019), 359–376; David O’Mahoney and Jonathan Doak, Reimagining Restorative Justice: Agency and Accountability in the Criminal Process (Portland, OR: Hart Publishing, 2017), 175–195; and Heather Strang, Lawrence W. Sherman, Evan Mayo-Wilson, Daniel Woods, and Barak Ariel, “Are Restorative Justice Conferences Effective in Reducing Repeat Offending?” Journal of Quantitative Criminology, Vol. 31 (2015): 10–11.

  9. See Adriaan Lanni, “Taking Restorative Justice Seriously,” Buffalo Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3797755 or http://dx.doi.org/10.2139/ssrn.3797755.

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Correspondence to Erin I. Kelly.

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Kelly, E.I. From Retributive to Restorative Justice. Criminal Law, Philosophy 15, 237–247 (2021). https://doi.org/10.1007/s11572-021-09574-9

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