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1 - Restorative justice: promises and pathways

Published online by Cambridge University Press:  01 September 2022

Carol Hayden
Affiliation:
University of Portsmouth
Dennis Gough
Affiliation:
University of Portsmouth
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Summary

Introduction

This chapter reviews some of the main themes within the vast literature on restorative justice (RJ). It charts the rise of the concept and the main areas where RJ is seen as a more satisfactory way to respond to harmful and criminal behaviour than the conventional criminal justice system. The chapter notes the various guises that the paradigm has taken to date. It focuses on key values, processes and outcomes required for a thorough understanding of how to conceptualise RJ. It highlights some of the key evidence about impact and outcomes, noting an increased emphasis on reducing recidivism in policy formulations of the approach, as well as reviews of the available research. The chapter goes on to look at the place of RJ within contemporary youth justice systems. Finally, the specific application of RJ and context of the current research – children's residential care – is considered.

The rise and promise of restorative justice

Restorative justice has developed into one of the most exciting and hopeful ways of responding to law breaking and harmful behaviour in recent decades. The appeal and growth of RJ approaches and schemes has been so pronounced as to be described as no less than a ‘global social movement’ and a ‘restorative justice boom’ (Robinson and Shapland, 2008, p 337). RJ has advanced from being a powerful critique of the professionalised criminal justice system and has extended its reach into repairing state conflict and harmonising civil society. RJ is seen as a transformative approach to mending the harm and rupture in post-conflict societies such as the post-Apartheid South Africa and post-war Balkan states. It is also increasingly valued as an equally transformative approach to conflicts in school, family life and the community and, in our research, child welfare and state care. Indeed, as we document here, restorative justice has been seen to be a key ‘solution’ to the much-needed transformation of the ‘state parent’. Given this range of applications, RJ could be said to be in danger of becoming ‘aerosol’ words, sprayed over difficult and often intractable social problems by policy makers convinced of its ‘Nirvana-like’ transformative potential in a diverse range of environments to eliminate problems and make things better (Daly, 2002).

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Publisher: Bristol University Press
Print publication year: 2010

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