A Restorative Justice Reader

by Johnstone; Gerry

• ISBN13: 9781903240816
• ISBN10: 1903240816
• Format: Nonspecific Binding
• Copyright: 2003-05-01
• Publisher: Willan

Summary

"A fine book. Cogently argued and nuanced, a serious contribution to thinking on restorative justice..."John BraithwaiteOne of the most important developments in crime and its control over recent years has been the emergence of a dynamic campaign promoting restorative justice as an alternative to standard ways of responding to crime, i.e. legal prosecution and state punishment. Accompanying this has been a rapidly growing literature on the subject, from the UK, North America, Australasia and elsewhere.The main aim of this book is to bring together a selection of extracts from the most important and influential contributions to the restorative justice literature and its emergent philosophy, accompanying these with an informative commentary providing context and explanation where necessary. The book includes by both well known proponents of restorative justice, work by some of the key critics of the restorative justice movement, along with work from a number of writers not directly involved in either advocacy or critique of restorative justice, but whose work is crucial to an understanding of it. The book is organised into five main sections:the concept of restorative justicehistorical, anthropological and theological roots of restorative justicethe goals shy; restoring victims and offenders and preventing crimethe restorative processcritical perspectivesThe book provides a unique sourcebook, bringing together writings from a wide range of often inaccessible sources shy; essential reading both for students taking courses in criminal justice/restorative justice as well as practitioners involved in the administration of criminal justice who need an understanding of what restorative justice is about and how it has developed.

Table of Contents

Preface	ix
Acknowledgements	xi
Introduction: restorative approaches to criminal justice	1	(18)
Part A: Overviews and early inspirations	19	(80)
Introduction	21	(7)
Restorative justice: an overview	28	(18)
Tony F. Marshall
Restitution: a new paradigm of criminal justice	46	(11)
Randy E. Barnett
Conflicts as property	57	(12)
Nils Christie
Retributive justice, restorative justice	69	(14)
Howard Zehr
Restorative justice and a better future	83	(16)
John Braithwaite
Part B: The background: legacies and frameworks	99	(72)
Introduction	101	(7)
The background of the Western legal tradition	108	(3)
Harold J. Berman
The history of restorative justice	111	(14)
Elmar G. M. Weitekamp
Returning to the Teachings	125	(19)
Rupert Ross
Navajo restorative justice: the law of equality and justice	144	(8)
Robert Yazzie
James W. Zion
The Maori restorative tradition	152	(6)
Jim Consedine
Christianity: the rediscovery of restorative justice	158	(13)
Pierre Allard
Wayne Northey
Part C: Restorative justice practice: variations, development and rationales	171	(74)
Introduction	173	(5)
The Kitchener experiment	178	(9)
Dean E. Peachey
Justice without lawyers: enabling people to resolve their conflicts	187	(14)
Martin Wright
Restorative justice in New Zealand: family group conferences as a case study	201	(11)
Allison Morris
Gabrielle Maxwell
Family conferencing in Wagga Wagga: a communitarian model of justice	212	(13)
D. B. Moore
T. A. O'Connell
A comparison of four restorative conferencing models	225	(20)
Gordon Bazemore
Mark Umbreit
Part D: Doing restorative justice in modern society	245	(108)
Introduction	247	(8)
Restorative justice for juveniles: just a technique or a fully fledged alternative?	255	(15)
Lode Walgrave
Creating restorative systems	270	(10)
Daniel W. Van Ness
The function of forgiveness in the criminal justice system	280	(6)
John R. Gehm
Justice for victims of young offenders: the centrality of emotional harm and restoration	286	(8)
Heather Strang
Community is not a place: a new look at community justice initiatives	294	(9)
Paul McCold
Benjamin Wachtel
What is relational justice?	303	(9)
Michael Schluter
In the hands of the public?	312	(8)
Adam Crawford
Does restorative justice work?	320	(33)
John Braithwaite
Part E: Some critical issues	353	(136)
Introduction	355	(8)
Restorative justice: the real story	363	(19)
Kathleen Daly
Restorative punishment and punitive restoration	382	(16)
R. A. Duff
Just cops doing `shameful' business? Police-led restorative justice and the lessons of research	398	(19)
Richard Young
Reconsidering restorative justice: the corruption of benevolence revisited?	417	(9)
Sharon Levrant
Francis T. Cullen
Betsy Fulton
John F. Wozniak
Responsibilities, rights and restorative justice	426	(12)
Andrew Ashworth
Restorative justice: the challenge of sexual and racial violence	438	(13)
Barbara Hudson
Deconstructing restoration: the promise of restorative justice	451	(10)
George Pavlich
Critiquing the critics: a brief response to critics of restorative justice	461	(28)
Allison Morris
Appendices
A Declaration of Leuven on the Advisability of Promoting the Restorative Approach to Juvenile Crime	477	(5)
B Statement of Restorative Justice Principles	482	(3)
Restorative Justice Consortium
C Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters (UN), 2000	485	(4)
Name index	489	(8)
Subject index	497