Restorative justice: Perspectives on contemporary theoretical and empirical issues

Mousourakis, George (2018) Restorative justice: Perspectives on contemporary theoretical and empirical issues. Hungarian Journal of Legal Studies, 59 (3). pp. 243-259. ISSN 2498-5473

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Abstract

Abstract Over the past few decades, a novel approach to crime and conflict resolution has been gaining ground around the world. ‘Restorative justice’ revolves around the notions that crime is primarily a violation human relationships; the chief aim of the justice process should be to reconcile those most directly affected by the offending behaviour while addressing the injuries they suffered; the resolution of crime-related conflicts demands a positive effort on the part of victims and offenders and the assumption of responsibility by the community. Restorative justice is not a new concept – It was a prevalent justice model in early civilizations in Europe and Asia and remains so among many indigenous communities around the world. This paper outlines the broad philosophy of restorative justice, comments on the differences between restorative justice and other prevailing conceptions of justice and identifies the constitutive elements necessary for a restorative justice practice. The paper then considers contemporary restorative justice practices, presenting information on guiding principles, procedures and goals and identifying concerns that need to be addressed in the design and implementation of such practices.

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