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Debating Restorative Justice : Debating Law - Chris ;Hoyle,Carolyn Cunneen

Debating Restorative Justice

Debating Law

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Debating Law is an exciting new series that gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary general interest. In Debating Restorative Justice - the first volume of the series - author Carolyn Hoyle argues that communities and the state should be more restorative in responding to harms caused by crimes, anti-social behavior, and other incivilities. She supports the exclusive use of restorative justice for many non-serious offenses, and she favors approaches that - by integrating restorative and retributive philosophies - take restorative practices into the 'deep end' of criminal justice. While acknowledging that restorative justice appears to have much to offer in terms of criminal justice reform, author Chris Cunneen offers a different account, contending that the theoretical cogency of restorative ideas is limited by their lack of a coherent analysis of social and political power. He goes on to argue that after several decades of experimentation, restorative justice has not produced significant change in the criminal justice system, and that the attempt to establish it as a feasible alternative to dominant practices of criminal justice has failed. This lively and valuable debate will be of great interest to everyone interested in the criminal justice system.

This stimulating and thought-provoking read is the first volume in a new 'Debating Law' series. ... these essays provide a critical but accessible introduction to the current debate. The merit of this work is that it is not simply an informative outline of theories and practices. As a tool of learning, the dialectical structure is excellent. Both authors make useful references to theoreticians, practices and case studies, and Hoyle provides an extensive bibliography. A must read for the student of criminology, law and sociology, we can eagerly await the next in the series. Christine Baker JUSTICE Journal July 2011 This new and interesting series is an opportunity for expert scholars to offer contrasting perspectives on contemporary issues which will be welcomed by the thoughtful undergraduate criminologist. There are many useful references and the 'Debating Law' series will be an additional invaluable source for the inquisitive criminologist who will always be on the look-out for some answers...even though ti is clear from the finely balanced arguments of both schools of thought , that the debate will continue for a long time to come! Philip Taylor www.goodreads.com November 2010

Series Editors Prefacep. v
Acknowledgementsp. vii
Acknowledgementsp. ix
The Case for Restorative Justicep. 1
Introductionp. 1
A Route through Definitional constraints and Imprecisionp. 6
Introductionp. 6
Defining Victims and Offendersp. 8
Crimes and Harmsp. 11
Restorative Justice and Restorative Practicesp. 14
Community at the Heart of Restorative Justicep. 16
A reflection on the Imbalance between Restorative Aspirations and Restorative Practicesp. 26
Restorative Justice in the UK: All Talk and Little or No Actionp. 26
A Criminology of Hopep. 30
Appeals to Communitarianismp. 34
Restorative Justice and Criminal Justice: Complementary not Contradictoryp. 40
A Challenge to an Unhelpful Dichotomyp. 40
The Case for the Coexistence of Restorative and Criminal Justicep. 44
A Framework for the Coexistence of Restorative and Criminal Justicep. 50
Engaging community in search of appropriate participantsp. 50
A qualified defence of coercionp. 57
The aims of punishment and the boundaries of proportionalityp. 60
Who should facilitate restorative processes?p. 69
Conclusionp. 71
In Defence of Restoration in the 'Deep end' of Criminal Justicep. 72
Domestic Violencep. 75
Crimes against Humanityp. 81
Everything has its Limitsp. 89
Conclusion: Restoration for Fragmented Communitiesp. 91
Bibliographyp. 95
The Limitations of Restorative Justicep. 101
Introductionp. 101
Why Restorative Justicep. 109
Concept of Originsp. 109
Explaining the Rise of Restorative Justicep. 118
Policy Transfer and the Globalisation of Restorative Justicep. 125
Creating Ideal Victims and Offendersp. 132
The Victimp. 134
Victim Traumap. 138
Does Restorative Justice Offer a Better Deal for Victims?p. 141
The Offenderp. 146
Structural Inequalities and the Offender/Victim Relationshipp. 150
Violence against womenp. 150
Hate crimep. 155
Social inequalityp. 156
Victims, Offenders, Rights and Incommensurabilityp. 157
Law, State and Communityp. 161
The Role of Law and the Statep. 162
Policing and Criminalisationp. 167
Punishment and Riskp. 169
The Communityp. 174
Transitional Justicep. 177
Conclusion: Searching for Truth in Restorative Justicep. 183
Indexp. 189
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781849460224
ISBN-10: 1849460221
Series: Debating Law
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 210
Published: 25th August 2010
Country of Publication: GB
Dimensions (cm): 21.7 x 14.2  x 1.1
Weight (kg): 0.26
Edition Number: 1