Does restorative justice serve justice?
详细信息
文摘
Restorative justice is a phenomenon which uniquely responds to the inequity created by crime. There are many operational forms of restorative justice,but its most studied application encourages dialogue between victims and offenders,and seeks to provide an opportunity for parties involved in crime to discuss and resolve conflict. According to the restorative justice philosophy,this is where real repair of relationships and restoration of peace are thought to originate. The theoretical goal of a new paradigm in restorative justice literature claims to stand in opposition to traditional Western views which inform our criminal justice system today. By at least theoretically separating itself from traditions of retribution,deterrence,and rehabilitation,the restorative justice ideal seeks to promote creative and customized engagement in healing. This thesis examines restorative justice in a theoretical context of justice,and seeks to show how these philosophical themes carry through to affect its practical application. The project begins by exploring restorative justice against prominent Western philosophical works on justice and punishment； it includes an evaluation of today's restorative justice programs on-the-ground； finally,it provides qualitative analysis in the form of in-depth interviews with criminal justice practitioners in a California county which has implemented restorative justice for juveniles. Philosophical analysis,participant observation,and qualitative data show that restorative justice in fact revives lessons from the Western philosophical tradition. Furthermore,restorative justice serves as a corrective to the modern administration of criminal justice,specifically rehabilitation. It does not aim to achieve consistency of outcomes； rather,it serves as a process to reintroduce societal norms of moral engagement and personal responsibility in response to criminality.