By Elmar G. M. Weitekamp, Hans-JÃ¼rgen Kerner
This publication brings jointly a range of papers initially offered and mentioned on the fourth foreign restorative justice convention, held on the collage of Tbingen. The individuals comprise the various prime gurus within the box of restorative justice, and so they supply a finished evaluate of the theoretical foundations underlying this swiftly increasing circulate. Restorative Justice: Theoretical foundations addresses quite a lot of primary questions about restorative justice, contemplating among different issues ways that conceptual pitfalls might be shunned, and the way t. learn more... Restorative Justice: Theoretical Foundations; Copyright web page; Contents; record of figures and tables; Notes on individuals; Preface; 1 the form of items to come back: a framework for brooding about a restorative justice approach; 2 trip to belonging; three Restorative justice and the politics of decolonization; four Justified feedback, false impression, or very important steps at the highway to acceptance?; five From neighborhood to dominion: looking for social values for restorative justice; 6 Deconstructing recovery: the promise of restorative justice; 7 Restorative justice thought validation. eight Restorative justice and the way forward for diversion and casual social control9 Restorative conferencing for juveniles within the usa: incidence, method, and perform; 10 Restorative justice for kids: short of procedural safeguards and criteria; eleven From the 'sword' to discussion: in the direction of a 'dialectic' foundation for penal mediation; 12 Punishment, guilt, and spirit in restorative justice: an essay in criminal and non secular
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Extra info for Restorative Justice: Theoretical foundations
9. Martin Wright has proposed a similar approach: In the transitional phase there would, as we have seen, be tension with the traditional retributive philosophy of the courts. A vital key to progress would be to remove this dichotomy by encouraging the courts to move towards a restorative philosophy. Initially this might be done in relation to juvenile offenders; it could be extended to adults whose crime arose out of a relationship, and then to crimes by adult strangers. Finally the legislature could set the seal on the changeover.
The lens of tragedy may allow us to explore this reality with more empathy and understanding. In fact, psychiatrist James Gilligan – whose important book, Violence: Reflections on a National Epidemic (1996) I will cite again later – argues that the perspectives on tragedy applied in the domains of literature and drama sometimes provide more helpful frameworks than do psychological approaches. I will use the second concept – trauma – a bit loosely, as a continuum extending from very high levels of ordinary stress on one end to traumatic and post-traumatic stress on the other.
One way of tracking the progress of restorative justice within a system is to use a framework such as the one we have proposed to assess the restorative character of the system. The availability of restorative programmes is only one indicator; far more important is the importance given to those programmes in actual usage. In restorative systems, the values and principles of restorative justice sufficiently predominate and competing values and principles are sufficiently subordinate that the system’s processes and outcomes are highly restorative.
Restorative Justice: Theoretical foundations by Elmar G. M. Weitekamp, Hans-JÃ¼rgen Kerner