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| Author | : Paul Bukuluki |
| Publisher | : LIT Verlag Münster |
| Total Pages | : 141 |
| Release | : 2011 |
| Genre | : History |
| ISBN | : 3643900937 |
| Author | : Andrew Woolford |
| Publisher | : Routledge |
| Total Pages | : 159 |
| Release | : 2008-01-15 |
| Genre | : Law |
| ISBN | : 113408711X |
The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.
| Author | : Andrew John Woolford |
| Publisher | : Routledge Cavendish |
| Total Pages | : 150 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9780415429344 |
The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.
| Author | : WOOLFORD ANDREW |
| Publisher | : Routledge |
| Total Pages | : 240 |
| Release | : 2007-11 |
| Genre | : |
| ISBN | : 9781845681043 |
The "reparational turn" in the field of law has resulted in the increased use of so-called "informal" approaches to conflict resolution, including primarily the three mechanisms we will consider in this book: mediation, restorative justice, and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalise and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. Our intention is to contribute to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through our notion of the "informal/formal justice complex." This term, adapted from Garland and Sparks (2000: 199), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, we intend to identify the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and "transformative" justice (i.e., a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice, and reparations.
| Author | : Allan Edward Barsky |
| Publisher | : Oxford University Press |
| Total Pages | : 625 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0199361185 |
Module I: foundations of conflict resolution, peace, and restorative justice -- The mindful practitioner -- The theoretical bases of conflict resolution -- Restorative justice -- Module II: negotiation -- Power-based negotiation -- Rights-based negotiation -- Interest-based negotiation -- Module III: mediation -- Transformative mediation -- Family mediation and a therapeutic approach -- Module IV: additional methods of conflict resolution -- Group facilitation -- Advocacy.
| Author | : Kerry Clamp |
| Publisher | : Routledge |
| Total Pages | : 226 |
| Release | : 2016-02-12 |
| Genre | : Social Science |
| ISBN | : 1317529235 |
Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse. Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome. This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.
| Author | : Howard Zehr |
| Publisher | : Simon and Schuster |
| Total Pages | : 368 |
| Release | : 2022-02-15 |
| Genre | : Law |
| ISBN | : 168099798X |
The four most popular restorative justice books in the Justice & Peacebuilding series—The Little Book of Restorative Justice: Revised and Updated, The Little Book of Victim Offender Conferencing, The Little Book of Family Group Conferences, and The Little Book of Circle Processes—in one affordable volume. And now with a new foreword from Howard Zehr, one of the founders of restorative justice! Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. Circle processes draw from the Native American tradition of gathering in a circle to solve problems as a community. Peacemaking circles are used in neighborhoods, in schools, in the workplace, and in social services to support victims of all kinds, resolve behavior problems, and create positive climates. Each book is written by a scholar at the forefront of these movements, making this important reading for classrooms, community leaders, and anyone involved with conflict resolution.
| Author | : Djeyhoun Ostowar |
| Publisher | : Routledge |
| Total Pages | : 186 |
| Release | : 2020-11-22 |
| Genre | : Political Science |
| ISBN | : 1000261484 |
This book explores the role of actors in determining transitional justice in peacebuilding contexts. In recent decades, transitional justice mechanisms and processes have been introduced to a variety of settings, becoming widely regarded as essential elements in the ‘peacebuilding toolbox’. While it has increasingly been suggested that transitional justice is imposed by neo-imperial actors with little regard for the needs and cultures of local populations, evidence suggests that dismissing these policies as neo-imperial or neo-liberal impositions would result in grossly overlooking their dynamics, which involve a whole range of relevant actors operating at multiple levels. This book interrogates this theme through empirical analysis of three sites of peacebuilding that have seen extensive international involvement: Kosovo, East Timor and Afghanistan. It proposes a novel framework for analysing and approaching transitional justice in peacebuilding that disaggregates three broad sets of actors operating at different levels in relevant processes: external actors (international and regional levels), transitional justice promoters (local, national, international and transnational levels), and transitional regimes (national and local levels). The book argues that transitional justice in peacebuilding must be conceived of as actor-contingent and malleable due to the significance of agency and (inter)actions of key categories of actors throughout peacebuilding transition. This book will be of interest to students and practitioners of transitional justice, peacebuilding, law, and International Relations.
| Author | : Ivo Aertsen |
| Publisher | : Routledge |
| Total Pages | : 498 |
| Release | : 2013-05-13 |
| Genre | : Social Science |
| ISBN | : 1134006306 |
This book provides a comparative analysis of the potential of restorative justice approaches to dealing with mass victimization in the context of large-scale violent conflicts focusing on case studies from Kosovo, Israel-Palestine and Congo, incorporating contributions from leading authorities in these areas. One of the main objectives of the book is to examine if, how and to what extent restorative justice is applicable in various different cultural, social and historical contexts, and what common themes can be identified within the different regions under analysis. The book will also provide a critical analysis of the UN Basic Principles on the use of restorative justice programmes in criminal matters as applied to the context of large scale violence.
| Author | : Kerry Clamp |
| Publisher | : Routledge |
| Total Pages | : 201 |
| Release | : 2013-09-05 |
| Genre | : Social Science |
| ISBN | : 1135076448 |
This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach – engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.
