This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu.
With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.
- Foreword, John Braithwaite;
- Preface, Howard Zehr;
Part I Reconsidering Restorative Justice:
- Prolegomena: Restorative justice philosophy through a value-based methodology, Theo Gavrielides and Vasso Artinopoulou;
- Aristotle on restorative justice: where the restorative justice and human rights movements meet (κοινοί τόποι), Vasso Artinopoulou and Theo Gavrielides;
- The teachings of restorative justice, Gerry Johnstone;
- Problematizing restorative justice: a Foucaldian perspective, Giuseppe Maglione;
- Gatekeeping in restorative justice and related research, Anne Hayden.
Part II Case Studies in Contemporary Society:
- The nexus between rights and restorative justice: using a case example of an organization ‘C’ – the right – or moral and spiritual claim – to recognition, Robert E. Mackay;
- Global justice, restorative justice and universal peace in the reality of international politics and state power, Christodoulos K. Yiallourides and Mersilia Anastasiadou;
- Institutionalizing restorative justice : paradoxes of power, restoration and rights, Mara Schiff;
- Relationality in justice and repair : implications for restorative justice, Susan Sharpe;
- Rights and restoration in Canada : reflections on practice, law and theory, Brenda Morrison;
- Conflict resolution : theory, practice and challenges that lie ahead, Maria Hadjipavlou;
- Returning conflict and justice to aboriginal peoples : restorative justice reconsidered, Judah Oudshoorn;
- Realizing the potential of restorative justice, Evelyn Zellerer;
- The African concept of ubuntu and restorative justice, Marelize Schoeman;
- Restorative pain : a new vision of punishment, Theo Gavrielides;
- Epilogue : reconstructing restorative justice philosophy, Theo Gavrielides and Vasso Artinopoulou.
“Gavrielides and Artinopoulou propose a reconstructed philosophy of restorative justice that is much more expansive and inclusive, much less either/or, than the usual approach. For the restorative justice movement to progress, they argue, we first must reconcile the internal tensions identified by the authors in this volume: conceptual, philosophical, political, personal. Their proposed reconstructed philosophy helps point a direct but in addition, they also suggest some rules for moving in this direct, asking those of us working in and advocating for restorative justice to redirect some of our energies. The methodology the editors adopted for this volume is also significant. Instead of limiting contributions to empirical analysis, they encouraged authors to write freely from a variety of sources and perspectives. As the library recall notice says, this book is long overdue”. Howard Zehr, Ph.D. Distinguished Professor of Restorative Justice Center for Justice & Peacebuilding Eastern Mennonite University, Virginia, USA
“No one will be able to read this book without wishing they were there for the journey that gave it birth. Rich outcomes are enabled by richness of process. This book succeeds in drawing us into the journey of its travelers and is a grand exercise in critical retrieval, revival, renewal of those teachings, ancient and recent. There is a great, enduring core of restorative justice teachings that has an increasingly global quality about it. This fine collection helps us renew and reconstruct the core of restorative justice teachings at their holistic philosophical foundations while also helping us to look at them with wider historical and cultural lenses. John Braithwaite, PhD, Professor Australian National University, Australia