Restorative Justice in Transitional Settings

Restorative Justice in Transitional Settings
Author: Kerry Clamp
Publisher: Routledge
Total Pages: 226
Release: 2016-02-12
Genre: Social Science
ISBN: 1317529235

Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse. Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome. This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.

Restorative Justice in Transition

Restorative Justice in Transition
Author: Kerry Clamp
Publisher:
Total Pages: 0
Release: 2015-06-08
Genre: Human rights
ISBN: 9781138922365

This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach - engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.

Restorative Justice in Transitional Settings

Restorative Justice in Transitional Settings
Author: Kerry Clamp
Publisher: Routledge
Total Pages: 244
Release: 2016-02-12
Genre: Social Science
ISBN: 1317529243

Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse. Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome. This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.

Transitional Justice in the Twenty-First Century

Transitional Justice in the Twenty-First Century
Author: Naomi Roht-Arriaza
Publisher: Cambridge University Press
Total Pages: 317
Release: 2006-09-14
Genre: Social Science
ISBN: 1139458655

Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.

Restorative Justice in Transition

Restorative Justice in Transition
Author: Kerry Clamp
Publisher: Routledge
Total Pages: 201
Release: 2013-09-05
Genre: Social Science
ISBN: 1135076448

This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach – engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.

From Transitional to Transformative Justice

From Transitional to Transformative Justice
Author: Paul Gready
Publisher: Cambridge University Press
Total Pages: 345
Release: 2019-02-21
Genre: Political Science
ISBN: 1108668577

Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Restorative Policing

Restorative Policing
Author: Kerry Clamp
Publisher: Taylor & Francis
Total Pages: 229
Release: 2016-10-04
Genre: Social Science
ISBN: 1317338308

In the UK and elsewhere, restorative justice and policing are core components of a range of university programmes; however, currently no such text exists on the intersection of these two areas of study. This book draws together these diverse theoretical perspectives to provide an innovative, knowledge-rich text that is essential reading for all those engaged with the evolution and practice of restorative policing. Restorative Policing surveys the twenty-five year history of restorative policing practice, during which its use and influence over criminal justice has slowly grown. It then situates this experience within a criminological discussion about neo-liberal responses to crime control. There has been insufficient debate about how the concepts of ‘restorative justice’ and ‘policing’ sit alongside each other and how they may be connected or disconnected in theoretical and conceptual terms. The book seeks to fill this gap through an exploration of concepts, theory, policy and practice. In doing so, the authors make a case for a more transformative vision of restorative policing that can impact positively upon the shape and practice of policing and outline a framework for the implementation of such a strategy. This pathbreaking book will be of interest to undergraduate and postgraduate students taking courses on restorative justice, policing and crime control, as well as professionals interested in the implementation of restorative practices in the police force.

Critical Perspectives in Transitional Justice

Critical Perspectives in Transitional Justice
Author: Nicola Frances Palmer
Publisher:
Total Pages: 0
Release: 2012
Genre: Human rights
ISBN: 9781780680354

In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question.

Setting Relations Right in Restorative Practice

Setting Relations Right in Restorative Practice
Author: David B. Moore
Publisher: Taylor & Francis
Total Pages: 341
Release: 2023-12-01
Genre: Family & Relationships
ISBN: 1003800300

Setting Relations Right in Restorative Practice is a practical guide to using restorative processes, both in justice systems, to provide a healing response to harm, and in broader community contexts, to help people co-exist peacefully. Restorative processes can help to establish, maintain, deepen, and repair relationships, and to neutralise the conflict associated with negative relationships. The result is less conflict within people, between people, and between groups, and increasing individual and community wellbeing. These complex goals can be distilled to the single principle of setting relations right. The authors distil lessons from their decades of work at the frontline of restorative innovation. They outline an accurate, accessible theory that informs a restorative mindset, and describe in detail the corresponding skill set. Succinct, engaging case studies include refinements to existing programs in justice systems. Other case studies include the innovations of restorative responses to institutional abuse and to family violence and sexual harm, initiatives to increase psychological safety in schools and workplaces, and programs that support restorative ways-of-working across whole cities or regions. By applying elements from successful programs, practitioners can realise the broader reforming potential of restorative practice. This book is essential reading for restorative practitioners, administrators, and policymakers, for students and researchers – indeed, for anyone interested in the power and potential of restorative practice and other forms of deliberative decision-making.

After Violence

After Violence
Author: Elin Skaar
Publisher: Routledge
Total Pages: 232
Release: 2015-04-17
Genre: Law
ISBN: 1317696913

After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.