Restorative justice

1
Restorative justice

• In search for clarity

2
Definition of restorative justice

• RJ as an option for doing justice
• After the occurrence of an offence
• Primarily oriented towards repairing
• Individual
• Relational
• And social harm
• Best accomplished through communication processes

3
Seperate from other deliberative practices
because.

• Different matters, context, actors, purposes
• Social interests are treatened in criminalizable
  matters
• Extended concept loses meaning
• Importance of clarity, also for research

4
Similarities RJ - RP

• Based on similar (sometimes identical) values
  (underlying philosophy)
• Participatory approach in democratic society

5
Differences RJ - RP

• RJ relates to criminal justice
• Implies coercion (at least in a maximalist view)
• Public dimension of crime effect on
  community/society
• Crime victim and offender (as starting-point)
• Crime can motivate citizens to take
  responsibility (Braithwaite, 2003)

6
RP RJ continuum (1)

• Differences do not mean exclusion of RP in RJ
  context
• RP RJ continuum RP as prevention?
• Cooperation is needed participatory approach and
  search for conflict resolution in non-punitive
  way is crucial in democracy

7
RP RJ continuum (2)

• But, risks prevail
• All becomes blurred
• Cooptation of civil society to widen the net of
  social control (cf. discussion of RP as
  prevention)

8
Conclusion

• RJ as specific concept crime justice in a
  strict sense
• RP RJ continuum and thus search for cooperation