Restorative Justice and Responsive Regulation

By John Braithwaite | Go to book overview

Preface

For informal justice to be restorative justice, it has to be about restoring victims, restoring offenders, and restoring communities as a result of participation of a plurality of stakeholders. This means that victim-offender mediation, healing circles, family group conferences, restorative probation, reparation boards on the Vermont model, whole-school antibullying programs, Chinese bang jiao programs, and exit conferences following Western business regulatory inspections can at times all be restorative justice. So long as there is a process that gives the stakeholders affected by an injustice an opportunity to tell their stories about its consequences and what needs to be done to put things right, and so long as this is done within a framework of restorative values that include the need to heal the hurts that have been felt, we can think of the process as restorative justice. This book seeks to ground a set of optimistic propositions (chapters 3 and 4) and of pessimistic claims (chapter 5) about restorative justice by contemplating the global diversity of its practice. The literature is organized to contend that both the optimistic and the pessimistic propositions may capture part of the truth. Regulatory theory (a responsive regulatory pyramid) is advanced as more useful for preventing crime in a normatively acceptable way than extant criminal law jurisprudence and explanatory theory. The responsive regulatory approach is the framework for locating restorative justice in institutional spaces where it can best complement institutions of crime prevention, human and economic development, deterrence, incapacitation, and care and love for the land. An evidence-based approach will be advanced for understanding how the weaknesses of restorative justice might be complemented by the strengths of these other institutions and vice versa. Evidence-based reform will also be advocated toward a more productive checking of restorative justice by liberal legalism, and vice versa.

The book should be read as an attempt to position responsive regulation (chapter 2) as a framework for checking the abuses and limitations of restorative justice diagnosed here. What the book seeks to do, then, is bring together the author's longstanding work on both restorative justice and responsive regulation. My responsive regulation work has tended to focus on areas of business regulation such as

-vii-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Restorative Justice and Responsive Regulation
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xiii
  • 1: The Fall and Rise of Restorative Justice 3
  • 2: Responsive Regulation 29
  • 3: Does Restorative Justice Work? 45
  • 4: Theories That Might Explain Why Restorative Justice Works 73
  • 5: Worries About Restorative Justice 137
  • 6: World Peacemaking 169
  • 7: Sustainable Development 211
  • 8: Transforming the Legal System 239
  • References 269
  • Index 297
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 314

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.