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Restorative Justice: Theoretical Foundations

NCJ Number
199553
Editor(s)
Elmar G. M. Weitekamp, Hans-Jurgen Kerner
Date Published
2002
Length
369 pages
Annotation
This book provides a collection of articles on the theoretical foundations of restorative justice.
Abstract
The ways in which new models of restorative justice have been applied to juveniles, adults, corporate crime, family violence, and extreme violence are discussed. Chapter 1 discusses a conceptual “framework for thinking” about how a restorative justice system could be configured, and how the restorative character of a given system of justice that incorporates restorative as well as other values can be assessed. Chapter 2 focuses on the individual level by dealing with the “journey to belonging” that victims and offenders must take. Chapter 3 explores the intersection between decolonization and restorative justice as a general issue of concern, influenced by the way programs have been introduced in Australia the past 10 years. Chapter 4 discusses the notion that it is useful to view different perceptions of restorative justice. Chapter 5 argues that the widely used “community” notion is not useful for theory and dangerous to poorly thought out systemic practice. Chapter 6 provides insight on the promise of restorative justice and offers an overview of important themes that underscore two of restorative justice’s key promises. Chapter 7 shows that if emerging restorative justice practices improve, social sciences can play an important role by providing description, theory, and evolution. Chapter 8 argues that restorative justice advocates need to address the practical and theoretical issues of social control and the future of informalism in juvenile justice. Chapter 9 deals with community-based, informal decision making alternatives to court for dealing with youthful offending. Chapter 10 argues the need for procedural safeguards and standards. Chapter 11 conceives of a “dialectic” basis for penal mediation. Chapter 12 discusses anthropology and the challenges for proponents of restorative justice. Chapter 13 reviews the notions of shame, guilt, and remorse. Chapter 14 discusses programs and practices in Western and non-Western traditions. Chapter 15 adds some fundamental criminal policy thoughts. Finally, chapter 16 focuses on paradoxes, problems, and promises of restorative justice. 28 tables, 17 figures, index