Restorative Justice and Criminal Justice Competing or Reconcilable Paradigms?

by Roach, Kent; Roberts, Julian; Schiff, Mara; Bottoms, Anthony E; Hirsch, Von
Format: Hardcover
Pub. Date: 2003-01-06
Publisher(s): Hart Publishing
List Price: $121.60

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Summary

Restorative Justice has emerged around the world as a potent challenge to traditional models of criminal justice,and restorative programmes, policies and legislative reforms are being implemented in many western nations. However, the underlying aims, values and limits of this new paradigm remain somewhat uncertain and those advocating Restorative Justice have rarely engaged in systematic debate with those defending more traditional conceptions of criminal justice. This volume, containing contributions from scholars of international renown, provides an analytic exploration of Restorative Justice and its potential advantages and disadvantages. Chapters of the book examine the aims and limiting principles that should govern Restorative Justice, its appropriate scope of application, its social and legal contexts, its practice and impact in a number of jurisdictions and its relation to more traditional criminal-justice conceptions. These questions are addressed by twenty distinguished criminologists and legal scholars in papers which make up this volume. These contributions will help clarify the aims that Restorative Justice might reasonably hope to achieve, the limits that should apply in pursuing these aims, and how restorative strategies might comport with, or replace, other penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms, John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach, Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland, Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode Walgrave, Richard Young.

Author Biography

Andreas von Hirsch is Emeritus Honorary Professor of Penal Theory and Penal Law at the Cambridge University, and Honorary Professor of Penal Theory at the Law Faculty, Goethe-University Frankfurt, Germany. Much of his earlier writing has appeared under his anglicised name, Andrew von Hirsch.
Julian V. Roberts is Professor of Criminology at the University of Oxford and a Fellow of Worcester College. Anthony E Bottoms is Emeritus Professor at the Institute of Criminology at the University of Cambridge.
Mara Schiff is Professor of Criminal Justice at Florida Atlantic University, Fort Lauderdale.
 

Table of Contents

Notes on Contributors ix
Principles of Restorative Justice
1(20)
John Braithwaite
Specifying Aims and Limits for Restorative Justice: A `Making Amends' Model?
21(22)
Andrew von Hirsch
Andrew Ashworth
Clifford Shearing
Restoration and Retribution
43(18)
Antony Duff
Imposing Restoration Instead of Inflicting Pain
61(18)
Lode Walgrave
Some Sociological Reflections on Restorative Justice
79(36)
Anthony Bottoms
Restoration and Retribution in International Criminal Justice: An Exploratory Analysis
115(20)
Paul Roberts
Towards a Systemic Model of Restorative Justice
135(22)
Jim Dignan
Proposed Basic Principles on the Use of Restorative Justice: Recognising the Aims and Limits of Restorative Justice
157(20)
Daniel Van Ness
Victims and Offenders
177(18)
Barbara Hudson
Restorative Justice and Criminal Justice: Just Responses to Crime?
195(24)
Joanna Shapland
Mind the Gap: Restorative Justice in Theory and Practice
219(18)
Kathleen Daly
Restorative Justice in Canada: From Sentencing Circles to Sentencing Principles
237(20)
Julian V Roberts
Kent Roach
Restorative Justice in New Zealand
257(16)
Allison Morris
Gabrielle Maxwell
New, Improved Police-Led Restorative Justice?
273(20)
Richard Young
Carolyn Hoyle
Evaluating Restorative Justice Practices
293(22)
Leena Kurki
Models, Challenges and The Promise of Restorative Conferencing Strategies
315(24)
Mara Schiff
Index 339

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