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Restorative Justice
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...
Restorative Justice: Restorative ideals re-examined
This book provides a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing. It examines ways forward for the restorative justice movement - and the development of practices - with a coherent set of restorative justice ideals.
The Limits of Criminal Law
This book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.
Domestic Deployment of the Armed Forces
Until recently, internal use of the armed forces has been generally regarded by the public, as well as academic commentators, as conduct to be expected of a military or autocratic regime, not a democratic government. There is however growing concern that the 'war on terror' has been used to condition public opinion to accept the internal deployment of the armed forces, including for broader industrial and political purposes. This book examines the national and international law, human rights and civil liberties issues involved in governments calling out troops to deal with civil unrest or terrorism. As the introduction of military call-out legislation has become an emerging global trend in the opening years of the 21st century, there is considerable and growing interest in the constitutional and related problems surrounding the deployment of military forces for domestic purposes. Examining the changes underway in six comparable countries, the United States, Canada, Britain, Germany, Japan and Australia, this book provides a review and analysis of this trend, including its implications for legal and political rights.
The Crime of Destruction and the Law of Genocide
This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
Restorative Policing
The focus of restorative policing is within a community-oriented policing approach, where the police have important tasks in rendering services to the population. Traditional forms of penal treatment no longer satisfy entirely, especially in relation to nuisances, incivilities, and petty crime. Is the community police officer the simple 'registrator' of events between victim and offender? Can s/he take the role of mediator, or can s/he refer to external instances in the domain of mediation or to civil judges? Do the police have their own restorative regulations and institutionalized practices, and are they involved in mediation in penal matters? In what ways do police officers contribute to informal restorative practices and conflict resolution in neighborhoods? This book is about restorative policing practices, and the place and role police forces can take in this kind of approach.
Dispute Management
Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.
Democracy in the Courts
Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.
Handbook of Restorative Justice
Discusses the key concepts and principles of restorative justice; explains how the campaign for restorative justice arose and developed into an influential social movement; describes the variety of restorative justice practices; and identifies and examines key issues within the restorative justice movement.
Transitional Justice and the Historical Abuses of Church and State
Interrogates the role of power and emotions in the responses of Western States and churches to their historical abuses.
