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Available4.4
9 reviews
ISBN 10: 1843923343
ISBN 13: 9781843923343
Author: Lode Walgrave
Lode Walgrave has made a highly significant contribution to the worldwide development of the restorative justice movement over the last two decades. This book represents the culmination of his vision for restorative justice. Coming to the subject from a juvenile justice background he initially saw restorative justice as a means of escaping the rehabilitation-punishment dilemma, and as the basis for a more constructive judicial response to youth crime that had been the case hitherto. Over time his conception of restorative justice moved in the direction of focusing on repairing harm and suffering rather than ensuring that the youthful offender met with a 'just' response, and encompassing the notion that restorative justice was not so much about a justice system promoting restoration, more a matter of doing justice through restoration. This book develops Lode Walgrave's conception of restorative justice further, incorporating a number of key elements. • a clearly outcome-based definition of restorative justice • acceptance of the need to use judicial coercion to impose sanctions as part of the reparative process • presenting restorative justice as a fully fledged alternative to the punitive apriorism • development of a more sophisticated concept of the relationship between restorative justice and the law, and acceptance of the need for legal regulation • a consideration of the expansion of a restorative justice philosophy into other areas of social life and the threats and opportunities this provides • a consideration of the implications of the expansion of restorative justice for the discipline of criminology and democracy
Chapter 1 Focusing on restorative justice
The emergence of restorative justice in modern times
Ancient wisdom
Modern roots
In search of the essentials
For a restricted approach
Towards a definition
Two additional comments
Another paradigm
Explaining the definition
Harm
Crime-caused harm
Public harm
Restoration
Deliberative restoration
Imposed reparation
Doing justice
Moral justice
Legal justice
Schemes in restorative justice
Victim support
Victim-offender mediation
Restorative conferencing
Healing and sentencing circles
Peace committees
Citizen boards
Community service
Other practices
Conclusion
Notes
Chapter 2 Restorative justice and criminal punishment
Restorative justice and criminal punishment
Confusion
Intentional infliction of pain versus awareness of painfulness
Punishment as a means, restoration as a goal
Punishment, communication and restoration
Censure and punishment
Punishment, censure and repentance
Ethical problems with punishment
Punishment is ineffective
Punitive retributivism is unethical
From vengeful emotions to retributivist theories
A moral obligation?
Proportionality
Restorative justice as inverted constructive retributivism
Blaming norm transgression
Responsibility
Balance
Restorative justice and rehabilitation of the offender
Conclusion
Notes
Chapter 3 Common self-interest: seeking socio-ethical grounds for restorative justice
In search of socio-ethical foundations for restorative justice
Ethical foundations or everlasting critical discourse on concrete ethics?
‘Victimalisation' of morals
Ethics of care
Communitarianism
From community to communitarianism
Communitarianism versus liberalism
Common self-interest
Opting for common self-interest
Common self-interest as a norm
Sympathy as a ground for developing common self-interest
Promoting common self-interest
Ethical guidelines serving common self-interest
Respect
Solidarity
Responsibility
Other social values
Wrong against common self-interest
Comparing ethics in restorative justice and in punitive justice
Conclusion
Notes
Chapter 4 Examining restorative justice practice
Empirical research on restorative justice practice
Victims
Offenders
Reoffending
Trying to understand restorative processes
Theoretical models
A sequence of moral emotions
Charting empirical research on restorative justice practices
Differentiation of the process preconditions
Intensive description of process
A broad spectrum of possible outcomes or consequences
Ensuring comparability with other schemes
Conclusions on the impact on individual stakeholders
Investigating the public dimension of restorative justice
Conclusion: exploring the limits of restorative justice practice and beyond
Serious crimes
Respect for victims' interests and needs
Naïvety of restorative justice presuppositions?
Notes
Chapter 5 Designing a restorative criminal justice system
Dominion
Restoring assurance in dominion
Respecting rights and freedoms in dominion
A pyramid of restorative law enforcement
Deliberative conflict resolution in the community
Restorative justice processes
Judicial pressure and reparative sanctions
Incapacitation
The question of juridical safeguards
Equality
Presumption of innocence
Proportionality
Public nature
Respect for human rights and a legal frame
Restorative processes
Juridical procedures in view of reparation
Lawyers as partners of restorative justice
Conclusion
Interacting levels
Imitator paradox?
Notes
Chapter 6 Democracy, criminology and restorative justice
Democracy endangered
Shrinking participation of citizens
Globalisation and uncertainty
Consumer democracy
Penal populism
Submitting welfare work to safety conditions
Penal populism and restorative justice?
Social sciences and criminology as democratic forces
Social sciences as a socio-ethical activity
Criminology as a possible safeguard against penal populism
Restorative justice as an upheaval for criminology and for democracy
Restorative justice in criminology
Restorative justice and participatory democracy
Conclusion
Notes
Epilogue: a list of to-do's
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Tags: Lode Walgrave, Restorative, Justice
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