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Compulsory Compassion
Restorative justice is often touted as the humane and politically progressive alternative to the rigid philosophy of retributive punishment that underpins many of the world's judicial systems. Emotionally seductive, its rhetoric appeals to a desire for a "right-relation" among individuals and communities, an offers us a vision of justice that allows for the mutual healing of victim and offender, and with it, a sense of communal repair. In Compulsory Compassion, Annalise Acorn, a one-time advocate for restorative justice, deconstructs the rhetoric of the restorative movement. Drawing from diverse legal, literary, philosophical, and autobiographical sources, she questions the fundamental assumptions behind that rhetoric: that we can trust wrongdoers' performances of contrition; that healing lies in a respectful, face-to-face encounter between victim and offender; and that the restorative idea of right-relation holds the key to a reconciliation of justice and accountability on the one hand, with love and compassion on the other.
The Psychology of Restorative Justice
This ground-breaking collection dares to take the next step in the advancement of an autonomous, inter-disciplinary restorative justice field of study. It brings together criminology, social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths ...
The Limits of Forgiveness
Demystifying an unrealistic ideal Maria Mayo questions the contemporary idealization of unconditional forgiveness in three areas of contemporary life: so-called Victim-Offender Mediation involving cases of criminal injury, the work of the Truth and Reconciliation Commission in post-apartheid South Africa, and the pastoral care of victims of domestic violence. She shows that an emphasis on unilateral and unconditional forgiveness puts disproportionate pressure on the victims of injustice or violence and misconstrues the very biblical passages—especially in Jesus’ teaching and actions—on which advocates of unconditional forgiveness rely.
Compassionate Justice
Two parables that have become firmly lodged in popular consciousness and affection are the parable of the Good Samaritan and the parable of the Prodigal Son. These simple but subversive tales have had a significant impact historically on shaping the spiritual, aesthetic, moral, and legal traditions of Western civilization, and their capacity to inform debate on a wide range of moral and social issues remains as potent today as ever. Noting that both stories deal with episodes of serious interpersonal offending, and both recount restorative responses on the part of the leading characters, Compassionate Justice draws on the insights of restorative justice theory, legal philosophy, and social psychology to offer a fresh reading of these two great parables. It also provides a compelling analysis of how the priorities commended by the parables are pertinent to the criminal justice system today. The parables teach that the conscientious cultivation of compassion is essential to achieving true justice. Restorative justice strategies, this book argues, provide a promising and practical means of attaining to this goal of reconciling justice with compassion.
Caring for Justice
Over the past decade, mainstream feminist theory has repeatedly and urgently cautioned against arguments which assert the existence of fundamental—or essential—differences between men and women. Any biological or natural differences between the sexes are often flatly denied, on the grounds that such an acknowledgment will impede women's claims to equal treatment. In Caring for Justice, Robin West turns her sensitive, measured eye to the consequences of this widespread refusal to consider how women's lived experiences and perspectives may differ from those of men. Her work calls attention to two critical areas in which an inadequate recognition of women's distinctive experiences has faile...
Current Law Index
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The Post-Conflict Environment
A critique of the technocratic neoliberal paradigm of peacebuilding
Civil Justice, Privatization, and Democracy
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
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Restorative Justice and Family Violence
This 2002 book addresses one of the most controversial topics in restorative justice: its potential for dealing with conflicts within families. Most restorative justice programs specifically exclude family violence as an appropriate offence to be dealt with this way. This book focuses on the issues in family violence that may warrant special caution about restorative justice, in particular, feminist and indigenous concerns. At the same time it looks for ways of designing a place for restorative interventions that respond to these concerns. Further, it asks whether there are ways that restorative processes can contribute to reducing and preventing family violence, to healing its survivors and to confronting the wellsprings of this violence. The book discusses the shortcomings of the present criminal justice response to family violence. It suggests that these shortcomings require us to explore other ways of addressing this apparently intractable problem.
