Author: Kerry Clamp Publisher: Routledge ISBN: 1317529243 Category : Social Science Languages : en Pages : 244
Book Description
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: Kerry Clamp Publisher: Routledge ISBN: 1135076448 Category : Social Science Languages : en Pages : 201
Book Description
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.
Author: Kerry Clamp Publisher: Routledge ISBN: 1135076375 Category : Social Science Languages : en Pages : 184
Book Description
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.
Author: Naomi Roht-Arriaza Publisher: Cambridge University Press ISBN: 1139458655 Category : Social Science Languages : en Pages : 317
Book Description
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
Author: Paul Gready Publisher: Cambridge University Press ISBN: 1108668577 Category : Political Science Languages : en Pages : 345
Book Description
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
Author: Kerry Clamp Publisher: Routledge ISBN: 1317338294 Category : Social Science Languages : en Pages : 235
Book Description
In the UK and elsewhere, restorative justice and policing are core components of a range of university programmes; however, currently no such text exists on the intersection of these two areas of study. This book draws together these diverse theoretical perspectives to provide an innovative, knowledge-rich text that is essential reading for all those engaged with the evolution and practice of restorative policing. Restorative Policing surveys the twenty-five year history of restorative policing practice, during which its use and influence over criminal justice has slowly grown. It then situates this experience within a criminological discussion about neo-liberal responses to crime control. There has been insufficient debate about how the concepts of ‘restorative justice’ and ‘policing’ sit alongside each other and how they may be connected or disconnected in theoretical and conceptual terms. The book seeks to fill this gap through an exploration of concepts, theory, policy and practice. In doing so, the authors make a case for a more transformative vision of restorative policing that can impact positively upon the shape and practice of policing and outline a framework for the implementation of such a strategy. This pathbreaking book will be of interest to undergraduate and postgraduate students taking courses on restorative justice, policing and crime control, as well as professionals interested in the implementation of restorative practices in the police force.
Author: Jessica Evans Publisher: Nova Science Publishers ISBN: 9781536106763 Category : Restorative justice Languages : en Pages : 0
Book Description
The concept of justice covers a broad spectrum of human existential issues, and is defined according to established relationships that always put the human person as reference. Restorative justice and transitional justice fall into the wide range of attempts to explain and address injustices by seeking accountability, finding adequate sanctions that are proportionate to harm, rehabilitating the offenders, and restoring victims or even reaching an informal negotiated settlement. The authors of this book provide new research in the study of restorative and transitional justice.
Author: Irene Pietropaoli Publisher: Routledge ISBN: 1000066061 Category : Business & Economics Languages : en Pages : 240
Book Description
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
Author: Martina Fischer Publisher: Routledge ISBN: 1317529561 Category : Law Languages : en Pages : 272
Book Description
Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
Author: David B. Moore Publisher: Taylor & Francis ISBN: 1003800300 Category : Family & Relationships Languages : en Pages : 341
Book Description
Setting Relations Right in Restorative Practice is a practical guide to using restorative processes, both in justice systems, to provide a healing response to harm, and in broader community contexts, to help people co-exist peacefully. Restorative processes can help to establish, maintain, deepen, and repair relationships, and to neutralise the conflict associated with negative relationships. The result is less conflict within people, between people, and between groups, and increasing individual and community wellbeing. These complex goals can be distilled to the single principle of setting relations right. The authors distil lessons from their decades of work at the frontline of restorative innovation. They outline an accurate, accessible theory that informs a restorative mindset, and describe in detail the corresponding skill set. Succinct, engaging case studies include refinements to existing programs in justice systems. Other case studies include the innovations of restorative responses to institutional abuse and to family violence and sexual harm, initiatives to increase psychological safety in schools and workplaces, and programs that support restorative ways-of-working across whole cities or regions. By applying elements from successful programs, practitioners can realise the broader reforming potential of restorative practice. This book is essential reading for restorative practitioners, administrators, and policymakers, for students and researchers – indeed, for anyone interested in the power and potential of restorative practice and other forms of deliberative decision-making.
Author: Kerry Clamp
Author: Kerry Clamp
Author: Kerry Clamp
Author: Naomi Roht-Arriaza
Author: Paul Gready
Author: Kerry Clamp
Author: Jessica Evans
Author: Irene Pietropaoli
Author: Martina Fischer
Author: David B. Moore