Critical Restorative Justice

Description

Theories and practices of justice do not meet the socio-political challenges of our times. For those theorists attempting to develop an alternative to the criminal justice system, restorative justice has provided an alternative horizon. The restorative justice approach involves meeting people, and understanding and recognising their vulnerability through participatory and deliberative forums and practices. The aim of this collection is to bridge the distance between restorative justice and the critical theory tradition. It, on the one hand, takes into account the limits of restorative justice as they have been articulated, or can be articulated through critical social theory, and, on the other hand, emphasises the ground-breaking potential that restorative justice can bring to this tradition as a way to address crimes, conflicts and injustices, and to pursue justice. Contents List of Contributors Introduction: Restorative Justice and Critical Social Theory BACKGROUND STRUCTURE OF THE BOOK Part I: Bridging the Theoretical Gap and Sharpening the Critical Edge 1 Is a Critical Model of Restorative Justice Possible? A Penal Abolitionist Approach I. INTRODUCTION II. PENAL ABOLITIONISM: A BRIEF HISTORICAL REVIEW III. PENAL ABOLITIONISM AND RESTORATIVE JUSTICE: THEORETICAL APPROACHES IV. FINAL CONSIDERATIONS: TOWARDS AN ABOLITIONIST MODEL OF RESTORATIVE JUSTICE REFERENCES 2 Deconstructing Empowerment in Restorative Justice I
. EMPOWERMENT AND RESTORATIVE JUSTICE II
. DECONSTRUCTING THE NOTION OF EMPOWERMENT III. CONCLUDING THOUGHTS REFERENCES 3 Restorative Justice and the Decision-making Process: Beyond Deliberative Democracy? I. INTRODUCTION II. DELIBERATIVE DEMOCRACY AND COMMUNICATIVE DEMOCRACY: BRIEF NOTIONS III. RESTORATIVE JUSTICE: BRIEF NOTIONS IV. FINAL CONSIDERATIONS: POSSIBLE APPROACHES OF RESTORATIVE JUSTICE TO MODELS OF DELIBERATIVE AND COMMUNICATIVE DEMOCRACY REFERENCES 4 Doing Restorative Justice 'Otherwise': Decolonising Practices in the Global South I. INTRODUCTION II. NORTH AND SOUTH III. EPISTEMOLOGIES OF THE SOUTH IV. A CRITICAL RESTORATIVE JUSTICE? V. THE POSTCOLONIAL TURN AND THE NORTH IN THE SOUTH VI. FROM RESTORATIVE JUSTICE TO "RJ INC" AND FLAT-PACK JUSTICE VII. TRAVELLING JUSTICE VIII. AN 'INTERCULTURAL' RESTORATIVE JUSTICE? IX. SITES OF RESURGENCE X. CONCLUDING COMMENTS REFERENCES 5 Outlining a Historical and Critical Ontology of Restorative Justice I. INTRODUCTION II. ARCHAEOLOGY, GENEALOGY AND ETHICS III. RECONSTRUCTING GAMES OF TRUTH IV. MAPPING OUT RELATIONS OF POWER V. ENVISIONING FORMS OF CRITICAL RESISTANCE VI. NOT TO CONCLUDE: THINKING RESTORATIVE JUSTICE OTHERWISE REFERENCES 6 Restorative Justice is Not a Panacea Against All Social Evils I. INTRODUCTION II. CONCERNS ABOUT THE SOCIAL IMPACT OF RESTORATIVE JUSTICE III. LIMITING THE SCOPE OF RESTORATIVE JUSTICE IV. BEING REALISTIC ABOUT EXPECTATIONS V. CONCLUSION REFERENCES 7 Restorative Justice, Procedural Justice and Care I. RESTORATIVE JUSTICE AND CRITICAL THEORY II. TO RESTORE: THE FACE OF A NEW CONCEPT OF JUSTICE III. EVALUATING A VICTIM-OFFENDER MEDIATION PROGRAMME IV. NEED FOR JUSTICE IN CHILD VICTIMS V. NEW DEVELOPMENTS: TRANSITIONAL JUSTICE AND HATE CRIMES REFERENCES Part II: Applying Analytical Tools and Frameworks to Research and Practice 8 Restorative Justice and Democratic Citizenship: A New Social Pedagogy or Back to 'Social Defence'? I. INTRODUCTION II. ANCIENT REFLECTIONS ON A CURRENT PROBLEM III. RESTORATIVE EVIDENCES REFLECTED IN HISTORICAL DYNAMICS: A BRIEF EXPLORATION IV. SOME CONCLUDING REMARKS REFERENCES 9 Old Goffman as a New Research Strategy in Restorative Justice I. DOUBLE CHALLENGE II. AN INTERACTIONIST VIEW AT THE RJ MEETING III. THE PERFORMING SELF IV. RJ STAGE V. FRAMING VI. POSITIONS VII. FACE TESTING VIII. CONCLUSION AND PERSPECTIVES CASES QUOTED REFERENCES 10 Lifeworld, Law and Justice I. INTRODUCTION: RESTORATIVE JUSTICE AND THE IMPORTANCE OF THE LIFEWORLD II. ATTENDING TO THE LIFEWORLD IN RESTORATIVE JUSTICE PROCEDURES: EMPIRICAL EVIDENCE III. HABERMAS' CONCEPT OF THE LIFEWORLD IV. ON THE FUNCTIONS OF LAW V. HABERMAS AND THE DISCOURSE FREE FROM DOMINATION VI. ALMOST A DISCOURSE FREE FROM DOMINATION: THE GENESIS OF THE AUSTRIAN ACT OF PROTECTION AGAINST DOMESTIC VIOLENCE VII. CONCLUSION REFERENCES 11 'Cultural' Problematisations in the Restorative Justice Discourse I. INTRODUCTION II. TRACING 'CULTURAL PROBLEMATISATIONS' IN THE RESTORATIVE JUSTICE DISCOURSE III. WHAT ARE THE 'INTERCULTURAL CHALLENGES' FOR RESTORATIVE JUSTICE? IV. CONCLUSION REFERENCES 12 To Talk or Not to Talk? The Limits and Potential of Restorative Justice in Addressing Social Inequalities I. INTRODUCTION II. THE 'MACRO LEVEL': ROMA IN HUNGARY III. THE 'MICRO LEVEL': LIFE OF A VILLAGE IV. THINKING RJ FURTHER REFERENCES 13 Digital Stories and Restorative Justice in Brussels I. INTRODUCTION II. MOKAFÉ AND URBAN CRACKS IN ANNEESSENS III. RESTORATIVE JUSTICE, GROWFUNDING AND URBAN CITIZENSHIP IV. WALKING AND WEAVING CITIZENS V. RAVAGE, DIGITAL STORYTELLING AND THE DREAM OF A FOUR-LAYERED METHODOLOGY VI. MR FALAFEL AND THE DIGITAL STORY-SESSION VII. BACK TO VIRGINIE AND THE URBAN CRACK (CONCLUSION) REFERENCES Part III: Philosophical Explorations for Restorative Justice 14 Restorative Justice and the Potential of 'Exemplarity' I. INNOVATIVE TRENDS IN CRIMINAL LAW AND CRIMINAL JUSTICE SYSTEMS II. RULES OF CONDUCT, NOT PUNISHMENTS III. NEED FOR COHERENCE BETWEEN 'RULES' AND 'SANCTIONS' AND FOR A CONSTANT 'NORMATIVE DIALOGUE' BETWEEN THE CITIZENS AND THE LAW IV. EXEMPLARY LAW, EXEMPLARY JUSTICE REFERENCES 15 The Broken Tablets of Moses and the Exodus from (Post-) Modernity I. ON RETHINKING ALTERNATIVENESS: THE CONTROVERSIAL RELATIONSHIP BETWEEN RESTORATIVE JUSTICE AND CRIMINAL JUSTICE II. RJ AND THE LAW IN THE EXODUS FROM MODERNITY III. A DIFFERENT PATH: VICO'S DISCARDED IMAGE IV. FROM A DIALOGICAL JUSTICE TO A DIALOGICAL LAW: DRAFTING A PROPOSAL V. AN IMAGE: MOSES AND THE BROKEN TABLES REFERENCES 16 Control Society, Sovereign Victim Culture and Restorative Justice INTRODUCTION THESIS 1 THESIS 2 THESIS 3 THESIS 4 THESIS 5 THESIS 6 THESIS 7 THESIS 8 THESIS 9 THESIS 10 THESIS 11 THESIS 12 THESIS 13 CONCLUSION ACKNOWLEDGEMENTS REFERENCES 17 Promised Communities and Unrestored Justice I. INTRODUCTION II. SETTING A CRITICAL COURSE: WHICH GENRE OF CRITIQUE? III. DISSOCIATIVE CRITICAL GENRES AND REIMAGINING 'COMMUNITY' IV. UNRESTORED JUSTICE AS PRACTICE V. CONCLUSION REFERENCES 18 A Radical in Disguise: Judith Shklar's Victimology and Restorative Justice I. INTRODUCTION II. JUDITH SHKLAR AND THE ASYMMETRY OF JUSTICE AND INJUSTICE III. JUDITH SHKLAR AND RESTORATIVE JUSTICE IV. FINAL REMARKS REFERENCES Index