Critical Restorative Justice

Criminal Law

Critical Restorative Justice

Edited by Ivo Aertsen · Brunilda Pali
Hart Publishing November 2017

Specifications

ISBN-13
9781509906642
Publisher
Hart Publishing
Publication
November 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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. Doing justice in the restorative justice approach means actually meeting people, 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 and conflicts and injustices and to pursue justice.

Table of Contents

Introduction: Restorative Justice and Critical Social Theory
Brunilda Pali and Ivo Aertsen

Part I: Bridging the Theoretical Gap and Sharpening the Critical Edge
1. Is a Critical Model of Restorative Justice Possible? A Penal Abolitionist Approach
Daniel Achutti
2. Deconstructing Empowerment in Restorative Justice
Daniela Bolívar
3. Restorative Justice and the Decision-making Process: Beyond Deliberative Democracy?
Raffaella da Porciuncula Pallamolla
4. Doing Restorative Justice ‘Otherwise’: Decolonising Practices in the Global South
Harry Blagg
5. Outlining a Historical and Critical Ontology of Restorative Justice
Giuseppe Maglione
6. Restorative Justice is Not a Panacea Against All Social Evils
Lode Walgrave
7. Restorative Justice, Procedural Justice and Care
Josep Tamarit Sumalla

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’?
Leo Van Garsse
9. Old Goffman as a New Research Strategy in Restorative Justice
Ida Helene Asmussen
10. Lifeworld, Law and Justice
Katrin Kremmel and Christa Pelikan
11. ‘Cultural’ Problematisations in the Restorative Justice Discourse
Brunilda Pali
12. To Talk or Not to Talk? The Limits and Potential of Restorative Justice in Addressing Social Inequalities
Borbála Fellegi, Gábor Héra and Gabriella Benedek
13. Digital Stories and Restorative Justice in Brussels
Erik Claes, Iman Lechkar, Minne Huysmans and Nele Gulinck

Part III: Philosophical Explorations for Restorative Justice
14. Restorative Justice and the Potential of ‘Exemplarity’: In Search of a ‘Persuasive’ Coherence Within Criminal Justice
Claudia Mazzucato
15. The Broken Tablets of Moses and the Exodus from (Post-) Modernity: On Rethinking the Role and the
Rule of Law in a Dialogical Way
Federico Reggio
16. Control Society, Sovereign Victim Culture and Restorative Justice
Ronnie Lippens
17. Promised Communities and Unrestored Justice
George Pavlich
18. A Radical in Disguise: Judith Shklar’s Victimology and Restorative Justice
Antony Pemberton and Pauline GM Aarten
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