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Decolonising Restorative Justice

Decolonising Restorative Justice
Author: Leanne Alexis Levers
Publisher: Taylor & Francis
Total Pages: 153
Release: 2023-09-01
Genre: Law
ISBN: 1000936279

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This book critically examines the colonial dimensions of restorative justice through the lens of justice policy reform in Jamaica. Restorative justice is not new. Practices of restitution can be found throughout history, predominantly in non-Western traditions and religions. One of the key principles of restorative practices is contextualisation. That is, restorative practices are developed and embedded within the political, economic, and cultural context of the communities in which they are practised. Many of the countries that have gone on to develop restorative justice as part of their formal justice system have developed their policy on the model of their indigenous communities – for example, in Canada and in New Zealand. However, with the globalisation of restorative practices within the past decade, many countries have sought to ‘colonise’ restorative justice, by developing a standardised, best-practice approach. Instead of a practice that is developed and formed by its community, colonised restorative justice dictates that one size fits all. Examined through the lens of the development and implementation of restorative justice policies in Jamaica, this book argues that this Westernised approach diminishes the effectiveness of restorative justice in its capacity: to address the victim’s needs; to hold the offender accountable in a way that reintegrates them into society; and to empower the community by involving them in the provision of justice to victims. Restorative justice, then, must be decolonised –and local, indigenous practices acknowledged –if it is to achieve its aims. This book will be of interest to a range of scholars with interests in decolonisation, as well as alternative dispute resolution, especially those in sociolegal studies, criminology, human rights, social policy, political science, and Caribbean studies.


Decolonising Restorative Justice

Decolonising Restorative Justice
Author: Leanne Alexis Levers
Publisher:
Total Pages: 0
Release: 2024
Genre: Decolonization
ISBN: 9781032371115

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"This book critically examines the colonial dimensions of restorative justice through the lens of justice policy reform in Jamaica. Restorative justice is not new. Practices of restitution can be found throughout history, predominantly in non-western traditions and religions. One of the key principles of restorative practices is that of contextualisation. That is, restorative practices are developed and embedded within the political, economic, and cultural context of the communities in which they are practiced. Many of the countries that have gone on to develop restorative justice as part of their formal justice system have developed their policy on the model of their indigenous communities - for example, in Canada and in New Zealand. However, with the globalisation of restorative practices within the past decade, many countries have sought to 'colonize' restorative justice, by developing a standardized, best practice approach. Instead of a practice that is developed and formed by its community, colonized restorative justice dictates that one-size-fits all. Examined through the lens of the development and implementation of restorative justice policies in Jamaica, this book argues that this westernised approach diminishes the effectiveness of restorative justice in its capacity: to address the victim's needs; to hold the offender accountable in a way that reintegrates them into society; and to empower the community by involving them in the provision of justice to victims. Restorative justice, then, must be decolonized - and local, indigenous, practices acknowledged - if it is to achieve its aims. This book will be of interest to a range of scholars with interests in decolonization, as well as alternative dispute resolution; and especially those in sociolegal studies, criminology, human rights, social policy, political science, and Caribbean studies"--


The Routledge International Handbook on Decolonizing Justice

The Routledge International Handbook on Decolonizing Justice
Author: Chris Cunneen
Publisher: Taylor & Francis
Total Pages: 723
Release: 2023-07-03
Genre: Political Science
ISBN: 1000904040

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The Routledge International Handbook on Decolonizing Justice focuses on the growing worldwide movement aimed at decolonizing state policies and practices, and various disciplinary knowledges including criminology, social work and law. The collection of original chapters brings together cutting-edge, politically engaged work from a diverse group of writers who take as a starting point an analysis founded in a decolonizing, decolonial and/or Indigenous standpoint. Centering the perspectives of Black, First Nations and other racialized and minoritized peoples, the book makes an internationally significant contribution to the literature. The chapters include analyses of specific decolonization policies and interventions instigated by communities to enhance jurisdictional self-determination; theoretical approaches to decolonization; the importance of research and research ethics as a key foundation of the decolonization process; crucial contemporary issues including deaths in custody, state crime, reparations, and transitional justice; and critical analysis of key institutions of control, including police, courts, corrections, child protection systems and other forms of carcerality. The handbook is divided into five sections which reflect the breadth of the decolonizing literature: • Why decolonization? From the personal to the global • State terror and violence • Abolishing the carceral • Transforming and decolonizing justice • Disrupting epistemic violence This book offers a comprehensive and timely resource for activists, students, academics, and those with an interest in Indigenous studies, decolonial and post-colonial studies, criminal legal institutions and criminology. It provides critical commentary and analyses of the major issues for enhancing social justice internationally. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.


Decolonising Criminology

Decolonising Criminology
Author: Harry Blagg
Publisher: Springer Nature
Total Pages: 413
Release: 2019-11-23
Genre: Social Science
ISBN: 1137532475

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This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies. Through its historical and political analysis and place-based case studies, it challenges criminological inquiry by installing colonial structures of power at the centre of the contemporary criminological debate. This work unseats the Western nation-state as the singular point of departure for comparative criminological and socio-legal research. Decolonising Criminology argues that postcolonial and postdisciplinary critique can open up new pathways for criminological investigation. It builds on recent debates in criminology from outside of the Anglosphere. The authors deploy a number of heuristic devices, perspectives and theories generally ignored by criminologists of the Global North and engage perspectives concerned with articulating new decolonised epistemologies of the Global South. This book disputes the view that colonisation is a thing of the past and provides lessons for the Global North.


Restorative Justice: Theoretical foundations

Restorative Justice: Theoretical foundations
Author: Elmar G. M. Weitekamp
Publisher: Routledge
Total Pages: 374
Release: 2012-12-06
Genre: Social Science
ISBN: 1135999589

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This book brings together a selection of papers originally presented and discussed at the fourth international restorative justice conference, held at the University of Tübingen. The contributors include many of the leading authorities in the field of restorative justice, and they provide a comprehensive review of the theoretical foundations underlying this rapidly expanding movement. Restorative Justice: Theoretical foundations addresses a wide range of fundamental questions about restorative justice,considering amongst other things ways in which conceptual pitfalls can be avoided, and how traditional models of peacemaking and healing developed in traditional societies can be integrated into the justice systems of late modern societies. Overall it provides an authoritative overview of contemporary thinking about restorative justice and will be essential reading for anybody concerned with the future direction of criminal justice and criminal justice systems. leading world authorities address the theoretical foundations of restorative justicea rapidly expanding area within criminal justiceincludes chapters on restorative justice as applied to corporate crime, family violence and cases of extreme violence


Decolonizing Law

Decolonizing Law
Author: Sujith Xavier
Publisher: Routledge
Total Pages: 271
Release: 2021-05-24
Genre: Law
ISBN: 100039655X

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This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.


Restorative Justice

Restorative Justice
Author: Declan Roche
Publisher: Routledge
Total Pages: 544
Release: 2017-11-30
Genre: Law
ISBN: 1351150103

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The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.


Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women

Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women
Author: Lily George
Publisher: Springer Nature
Total Pages: 290
Release: 2020-09-26
Genre: Social Science
ISBN: 3030445674

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This book closes a gap in decolonizing intersectional and comparative research by addressing issues around the mass incarceration of Indigenous women in the US, Australia, Canada, and Aotearoa New Zealand. This edited collection seeks to add to the criminological discourse by increasing public awareness of the social problem of disproportionate incarceration rates. It illuminates how settler-colonial societies continue to deny many Indigenous peoples the life relatively free from state interference which most citizens enjoy. The authors explore how White-settler supremacy is exercised and preserved through neo-colonial institutions, policies and laws leading to failures in social and criminal justice reform and the impact of women’s incarceration on their children, partners, families, and communities. It also explores the tools of activism and resistance that Indigenous peoples use to resist neo-colonial marginalisation tactics to decolonise their lives and communities. With most contributors embedded in their indigenous communities, this collection is written from academic as well as community and experiential perspectives. It will be a comprehensive resource for academics and students of criminology, sociology, Indigenous studies, women and gender studies and related academic disciplines, as well as non-academic audiences: offering new knowledge and insider insights both nationally and internationally.


Decolonising Justice for Aboriginal youth with Fetal Alcohol Spectrum Disorders

Decolonising Justice for Aboriginal youth with Fetal Alcohol Spectrum Disorders
Author: Harry Blagg
Publisher: Routledge
Total Pages: 188
Release: 2020-12-29
Genre: Law
ISBN: 1000300676

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This book reflects multidisciplinary and cross-jurisdictional analysis of issues surrounding Fetal Alcohol Spectrum Disorders (FASD) and the criminal justice system, and the impact on Aboriginal children, young people, and their families. This book provides the first comprehensive and multidisciplinary account of FASD and its implications for the criminal justice system – from prevalence and diagnosis to sentencing and culturally secure training for custodial officers. Situated within a ‘decolonising’ approach, the authors explore the potential for increased diversion into Aboriginal community-managed, on-country programmes, enabled through innovation at the point of first contact with the police, and non-adversarial, needs-focussed courts. Bringing together advanced thinking in criminology, Aboriginal justice issues, law, paediatrics, social work, and Indigenous mental health and well-being, the book is grounded in research undertaken in Australia, Canada, and New Zealand. The authors argue for the radical recalibration of both theory and practice around diversion, intervention, and the role of courts to significantly lower rates of incarceration; that Aboriginal communities and families are best placed to construct the social and cultural scaffolding around vulnerable youth that could prevent damaging contact with the mainstream justice system; and that early diagnosis and assessment of FASD may make a crucial difference to the life chances of Aboriginal youth and their families. Exploring how, far from providing solutions to FASD, the mainstream criminal justice system increases the likelihood of adverse outcomes for children with FASD and their families, this innovative book will be of great value to researchers and students worldwide interested in criminal and social justice, criminology, youth justice, social work, and education.


Handbook of Restorative Justice

Handbook of Restorative Justice
Author: Gerry Johnstone
Publisher: Routledge
Total Pages: 674
Release: 2013-01-11
Genre: Social Science
ISBN: 1134015267

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This book provides a comprehensive and authoritative account and analysis of restorative justice, one of the most rapidly growing phenomena in the field of criminology and justice studies. This book aims to meet the need for a comprehensive, reliable and accessible overview of the subject. It draws together leading authorities on the subject from around the world in order to: elucidate and discuss the key concepts and principles of restorative justice explain how the campaign for restorative justice arose and developed into the influential social movement it is today describe the variety of restorative justice practices, explain how they have developed in various places and contexts, and critically examine their rationales and effects identify and examine key tensions and issues within the restorative justice movement brings a variety of disciplinary and interdisciplinary perspectives to bear upon the understanding and assessment of restorative justice. The Handbook of Restorative Justice is essential reading for students and practitioners in the field.