This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.

Foundational principles of the contemporary practices of both restorative justice and the concept of therapeutic jurisprudence often import organic and indigenous practices of conflict resolution to resolve insufficiencies and even to explain fundamental ideas. Too often, the indiscriminate use of such practices does not mind the gap between the defining principles, the guiding principles, or the limiting principles that challenge particular features of practical applications. Minding the Gap Between Restorative Justice, Therapeutic Jurisprudence, and Global Indigenous Wisdom gives an authentic voice to practitioners and theorists whose work originates in organic or indigenous conflict resolution. It raises awareness of the diversity of approaches to dispute resolution from the deep perspective of their foundations and understands the challenges that arise in the practical application of restorative justice and therapeutic jurisprudence models when using principles disconnected from their foundation. It further offers ways to bridge the gap so that it is no longer an obstacle but a source of transformation. Covering topics such as justice praxes, indigenous conflict resolution, and global indigenous wisdom, this premier reference source is a dynamic resource for HR managers, lawyers, government officials, mediators, counselors, students and faculty of higher education, librarians, researchers, and academicians.

This timely collection of chapters written by international experts bridges the gap between peace psychology and restorative justice. The Editors combined their respective fields of expertise to start a much-needed debate on the potential but also risks that are associated when implementing restorative justice in the peace psychology field. The volume highlights how psychological theory and research can inform and evaluate the potential of restorative practices in formal and informal educational settings as well as the criminal justice space. The chapters cover both negative and positive peace across levels while introducing the reader to various case studies from across the world. All in all, the book explores how restorative justice can promote positive peace through its connection fostering dialogue, empathy, forgiveness, and other key psychological elements of peace.

This book provides an empirically grounded, theoretically informed account of recent changes to the youth justice system in England and Wales, focusing on the introduction of elements of restorative justice into the heart of the criminal justice system, and the implementation of referral orders and youth offender panels. Taken together, this amounts to the most radical overhaul of the youth justice system in the last half century, fundamentally changing the underlying values of the system away from an 'exclusionary punitive justice' and towards an 'inclusionary restorative justice'. The book explores the implications of these changes by using the lens of a detailed study of the implementation of referral orders and youth offender panels to explore wider issues about youth justice policy and the integration of restorative justice principles. It draws upon the findings of an in-depth study of the pilots established prior to the national rollout of referral orders in April 2002. The book will be essential reading not only for those involved in the task of implementing the new youth justice, but others with an interest in the criminal justice system and in restorative justice who need to know about the far reaching reforms to the youth justice system and their impact.

Restorative justice aims to address the consequences of crime by encouraging victims and offenders to communicate and discuss the harm caused by the crime that has been committed. In the majority of cases, restorative justice is facilitated by direct and indirect dialogue between victims and offenders, but it also includes support networks and sometimes involves professionals such as police, lawyers, social workers or prosecutors and judges. In theory, the victim is a core participant in restorative justice and the restoration of the harm is a first concern. In practice, questions arise as to whether the victim is actively involved in the process, what restoration may entail, whether there is a risk of secondary victimisation and whether the victim is truly at the heart of the restorative response, or whether the offender remains the focal point of attention. Using a combination of victimological literature and empirical data from a European research project, this book considers the role and the position of the victim in restorative justice practices, focusing on legislative, organisational and institutional frameworks of victim-offender mediation and conferencing programmes at a national and local level, as well as the victims’ personal needs and experiences. The findings are essential reading for academics and students engaged in the study of justice, victimology and law. The publication will also be valuable to policymakers and professionals such as social workers, lawyers and mediators.

The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book – such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice – are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.

′In this pathbreaking volume Muncie and Goldson bring together leading authors to examine and compare youth justice systems around the world. Comparative Youth Justice will be of interest to all criminologists concerned with comparative penal policy and will be essential to all scholars of youth justice′ - Professor Tim Newburn, London School of Economics and Political Science and President of the British Society of Criminology ′Comparative Youth Justice is what we need in an era of hardening social policies and irresponsible political demagoguery: thoughtful critiques, comparative analysis, and a commitment to the rights of youth. John Muncie and Barry Goldson have done a fine job of bringing together a group of commentators who know the inner workings of juvenile justice and what it will take to change the current law and order model. A book that is required reading for practitioners, professors, policy makers, researchers, and students concerned about the bankrupt state of juvenile justice and willing to consider new ideas and directions′ - Tony Platt, California State University, Sacramento With contributions from leading commentators from 13 different countries, this carefully integrated edited collection comprises the most authoritive comparative analysis of international youth justice currently available. However, Comparative Youth Justice is not simply an attempt to document national similarities and differences, but looks critically at how global trends are translated at the local level. This book also examines how youth justice is implemented in practice with a view to promoting change as well as reflection. Each chapter addresses key critical issues: - the degree of compliance with international law; - the extent of repenalistion; - adulteration; - tolerance; - the impact of experiments in restoration and risk management. This book is designed as a companion volume to Youth Crime and Justice, edited by Barry Goldson and John Muncie, published simultaneously by SAGE Publications. ′This is a brilliant set of edited volumes that will be an indispensable and timely source of information and analysis for anyone with an interest in issues of youth justice and comparative criminology.′ David A. Green, Oxford University

Theories and practices of justice do not meet the socio-political challenges of our times. For those theorists attempting to develop an alternative to the criminal justice system, restorative justice has provided an alternative horizon. The restorative justice approach involves meeting people, understanding and recognising their vulnerability through participatory and deliberative forums and practices. The aim of this collection is to bridge the distance between restorative justice and the critical theory tradition. It, on the one hand, takes into account the limits of restorative justice as they have been articulated, or can be articulated through critical social theory, and on the other hand emphasises the ground-breaking potential that restorative justice can bring to this tradition as a way to address crimes, conflicts and injustices, and to pursue justice.

In this exciting and topical collection, leading scholars discuss the implications of globalisation for the fields of comparative criminology and criminal justice. How far does it still make sense to distinguish nation states, for example in comparing prison rates? Is globalisation best treated as an inevitable trend or as an interactive process? How can globalisation's effects on space and borders be conceptualised? How does it help to create norms and exceptions? The editor, David Nelken, is a Distinguished Scholar of the American Sociological Association, a recipient of the Sellin-Glueck award of the American Society of Criminology, and an Academician of the Academy of Social Sciences, UK. He teaches a course on Comparative Criminal Justice as Visiting Professor in Criminology at Oxford University's Centre of Criminology.