Search result: 116 articles

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Article

Environmental justice movements and restorative justice

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords restorative justice, environmental conflicts, environmental justice movements
Authors Angèle Minguet
AbstractAuthor's information

    The worldwide existing environmental conflicts have also given rise to worldwide environmental justice movements. Using a diversity of tools that range from petitions to legal actions, what such movements have often shown is that environmental conflicts rarely find a satisfactory resolution through criminal judicial avenues. Given this reality, the important question then is whether there is a place within environmental justice movements for a restorative justice approach, which would lead to the reparation or restoration of the environment and involve the offenders, the victims and other interested parties in the conflict transformation process. Based on the analysis of environmental conflicts collected by the Environmental Justice Organizations, Liabilities and Trade project (EJOLT), and more specifically on two emblematic environmental conflict cases in Nigeria and in Ecuador, the argument will be made that it is essentially due to the characteristics of environmental conflicts, and due to the fact that they almost never find a satisfactory resolution through traditional judicial avenues, that environmental justice movements ask for a restorative approach, and that restorative justice is a sine qua non condition to truly repair environmental injustices, as long as the worldview and nature of the victims is taken into consideration.


Angèle Minguet
Angèle Minguet is a researcher at the Research Centre in Political Science, Université Saint-Louis – Bruxelles (CReSPo), Belgium. Contact author: angele.minguet@gmail.com.
Article

An exploration of trauma-informed practices in restorative justice: a phenomenological study

Journal The International Journal of Restorative Justice, Issue Online first 2021
Keywords restorative justice, trauma, trauma-informed care, interpretative phenomenological analysis
Authors Claudia Christen-Schneider and Aaron Pycroft
AbstractAuthor's information

    While several studies identify trauma as a main risk factor for developing offending behaviour, the criminal justice system still largely ignores the problem, and the same seems to be true of restorative justice. This article offers a critical exploration of trauma-informed work with offenders using interpretative phenomenological analysis. The interviewees perceive a growing interest in the topic of trauma and trauma-informed care (TIC). However, they also identify several areas that seem to hinder a trauma-informed approach, not only with offenders but also with victims. One concern is the tendency to institutionalise restorative justice with an emphasis on efficiency, effectiveness and outcome orientation. The interviewees also perceive a revengeful and retributive attitude in their societies that does not condone restorative measures that seemingly favour offenders. This tendency appears even stronger in societies that have suffered from collaborative trauma and not recovered from it. Interviewees therefore advocate for raising awareness of trauma, the consequences of unhealed trauma and the need to work trauma-informed with all stakeholders, including offenders and the extended, affected community. They also appeal for increased training to be provided for practitioners in TIC and self-care as these areas seem essential to provide safe and beneficial processes for all stakeholders.


Claudia Christen-Schneider
Claudia Alexandra Christen-Schneider is president of the Swiss RJ Forum; she obtained her MSc in criminology and criminal justice from the University of Portsmouth, UK.

Aaron Pycroft
Aaron Pycroft PhD is Reader in Criminal Justice and Social Complexity at the University of Portsmouth, UK. Contact author: Claudia Alexandra Christen-Schneider at swissrjforum@gmail.com.
Article

Access_open The Common Law Remedy of Habeas Corpus Through the Prism of a Twelve-Point Construct

Journal Erasmus Law Review, Issue 2 2021
Keywords Habeas corpus, common law, detainee, Consitution, liberty
Authors Chuks Okpaluba and Anthony Nwafor
AbstractAuthor's information

    Long before the coming of the Bill of Rights in written Constitutions, the common law has had the greatest regard for the personal liberty of the individual. In order to safeguard that liberty, the remedy of habeas corpus was always available to persons deprived of their liberty unlawfully. This ancient writ has been incorporated into the modern Constitution as a fundamental right and enforceable as other rights protected by virtue of their entrenchment in those Constitutions. This article aims to bring together the various understanding of habeas corpus at common law and the principles governing the writ in common law jurisdictions. The discussion is approached through a twelve-point construct thus providing a brief conspectus of the subject matter, such that one could have a better understanding of the subject as applied in most common law jurisdictions.


Chuks Okpaluba
Chuks Okpaluba, LLB LLM (London), PhD (West Indies), is a Research Fellow at the Free State Centre for Human Rights, University of the Free State, South Africa. Email: okpaluba@mweb.co.za.

Anthony Nwafor
Anthony O. Nwafor, LLB, LLM, (Nigeria), PhD (UniJos), BL, is Professor at the School of Law, University of Venda, South Africa. Email: Anthony.Nwafor@univen.ac.za.
Article

Towards Online Dispute Resolution-Led Justice in China

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords Online Dispute Resolution, smart court, internet court, access to justice, China
Authors Carrie Shu Shang and Wenli Guo
AbstractAuthor's information

    The use of online dispute resolution (ODR) in courts is a growing topic of interest. By focusing on the recent development of ODR-connected smart courts in China, this article explores ODR’s potential impact on Chinese legal systems from three aspects: role of courts and the legal profession, due process rights, and information safety. By focusing on changing dispute resolution theories – from emphasizing on conflict resolution to dispute prevention – the article argues that ODR-led court reforms rose to the centre because the reform caters to specific purposes of the recent series of reforms conducted under the auspices of the Rule of Law campaign, by prioritizing efficiency goals and attempting to enhance individualist justice experiences. In this article, we define the meaning of ODR in China and describe and categorize ODR technologies that are currently in use in China. Based on these general findings and promising technological options of ODR, we also recommend ways to better implement ODR in Chinese courts to take full advantage of technological advancements.


Carrie Shu Shang
Carrie Shu Shang, Assistant Professor, Coordinator, Business Law program, California State Polytechnic University, Pomona,

Wenli Guo
Wenli Guo, Ph.D., Assistant President, Beiming Software Co. Ltd., President, Internet Nomocracy Institute of Beiming Software Co. Ltd.,

    States apply different material conditions to attract or restrict residence of certain types of migrants. But states can also make use of time as an instrument to design more welcoming or more restrictive policies. States can apply faster application procedures for desired migrants. Furthermore, time can be used in a more favourable way to attract desired migrants in regard to duration of residence, access to a form of permanent residence and protection against loss of residence. This contribution makes an analysis of how time is used as an instrument in shaping migration policy by the European Union (EU) legislator in the context of making migration more or less attractive. This analysis shows that two groups are treated more favourably in regard to the use of time in several aspects: EU citizens and economic- and knowledge-related third-country nationals. However, when it comes to the acquisition of permanent residence after a certain period of time, the welcoming policy towards economic- and knowledge-related migrants is no longer obvious.


Gerrie Lodder
Gerrie Lodder is lecturer and researcher at the Europa Institute of Leiden University.
Article

Access_open Voters of Populist Parties and Support for Reforms of Representative Democracy in Belgium

Journal Politics of the Low Countries, Issue 3 2020
Keywords Belgian politics, democratic reforms, elections, populist voters, representative democracy
Authors Lisa van Dijk, Thomas Legein, Jean-Benoit Pilet e.a.
AbstractAuthor's information

    Recently, studies have burgeoned on the link between populism and demands for democratic reforms. In particular, scholars have been debating the link between populist citizens or voters and support for referendums. In this article, we examine voters of populist parties (Vlaams Belang (VB) and Parti du Travail de Belgique-Partij van de Arbeid (PTB-PVDA)) in Belgium in 2019 and we look at their attitudes towards various types of democratic reforms. We find that voters of populist parties differ from the non-populist electorate in their support for different kinds of reforms of representative democracy. Voters of VB and PTB-PVDA have in common stronger demands for limiting politicians’ prerogatives, for introducing binding referendums and for participatory budgeting. While Vlaams Belang voters are not significantly different from the non-populist electorate on advisory referendums, citizens’ forums or technocratic reform, PVDA-PTB voters seem more enthusiastic.


Lisa van Dijk
Lisa van Dijk (corresponding author), KU Leuven.

Thomas Legein
Thomas Legein, Université libre de Bruxelles (ULB).

Jean-Benoit Pilet
Jean-Benoit Pilet, Université libre de Bruxelles (ULB).

Sofie Marien
Sofie Marien, KU Leuven.
Article

Emotions and Vote Choice

An Analysis of the 2019 Belgian Elections

Journal Politics of the Low Countries, Issue 3 2020
Keywords Belgium, elections, emotions, voting behaviour
Authors Caroline Close and Emilie van Haute
AbstractAuthor's information

    This article digs into the relationship between voters’ political resentment and their electoral choice in 2019 by focusing on the respondents’ emotions towards politics. Using the RepResent 2019 voter survey, eight emotions are analysed in their relation to voting behaviour: four negative (anger, bitterness, worry and fear) and four positive (hope, relief, joy and satisfaction). We confirm that voters’ emotional register is at least two-dimensional, with one positive and one negative dimension, opening the possibility for different combinations of emotions towards politics. We also find different emotional patterns across party choices, and more crucially, we uncover a significant effect of emotions (especially negative ones) on vote choice, even when controlling for other determinants. Finally, we look at the effect of election results on emotions and we observe a potential winner vs. loser effect with distinctive dynamics in Flanders and in Wallonia.


Caroline Close
Caroline Close is Assistant Professor at the Université libre de Bruxelles (Charleroi campus). Her research and teaching interests include party politics, representation and political participation from a comparative perspective. She has published her work in Party Politics, Political Studies, Parliamentary Affairs, The Journal of Legislative Studies, Representation, Acta Politica and the Journal of European Integration. She regularly contributes to research and publications on Belgian politics.

Emilie van Haute
Emilie van Haute is Chair of the Department of Political Science at the Université libre de Bruxelles (ULB) and researcher at the Centre d’étude de la vie politique (Cevipol). Her research interests focus on party membership, intra-party dynamics, elections, and voting behaviour. Her research has appeared in West European Politics, Party Politics, Electoral Studies, Political Studies, European Political Science and Acta Politica. She is co-editor of Acta Politica.

Tali Gal
Tali Gal is a Senior Lecturer and Head of School of Criminology at the University of Haifa, Israel. Contact author: tali.gal.04@gmail.com.
Article

An Australian Aboriginal in-prison restorative justice process: a worldview explanation

Journal The International Journal of Restorative Justice, Issue 3 2020
Keywords Australian Aboriginal, prison, recidivism, worldview, restorative justice
Authors Jane Anderson
AbstractAuthor's information

    As a response to the over-representation of Australian Aboriginal offenders in Western Australian prisons and high rates of reoffending, this article presents a sketch of Western and Australian Aboriginal worldviews and core symbols as a basis for understanding the rehabilitative-restorative needs of this prisoner cohort. The work first reviews and argues that the Western-informed Risk-Need-Responsivity model of programming for Australian Aboriginal prisoners has limited value for preventing reoffending. An introduction and description are then given to an Aboriginal in-prison restorative justice process (AIPRJP) which is delivered in a regional Western Australian prison. The process is largely undergirded by an Australian Aboriginal worldview and directed to delivering a culturally constructive and corrective intervention. The AIPRJP uses a range of symbolic forms (i.e. ritual, myth, play, art, information), which are adapted to the prison context to bring about the aims of restorative justice. The article contends that culturally informed restorative justice processes can produce intermediate outcomes that can directly or indirectly be associated with reductions in reoffending.


Jane Anderson
Jane Anderson is Honorary Research Fellow, Anthropology and Sociology, Faculty of Arts, Humanities and Social Sciences, The University of Western Australia, Crawley, Australia. Contact author: jane.a@westnet.com.au; jane.anderson@uwa.edu.au.

Gerry Johnstone
Gerry Johnstone is Professor of Law, University of Hull, Hull, UK. Contact author: J.G.Johnstone@hull.ac.uk.
Annual lecture

Access_open The indecent demands of accountability: trauma, marginalisation, and moral agency in youth restorative conferencing

Journal The International Journal of Restorative Justice, Issue 2 2020
Keywords Restorative justice, youth offenders, trauma, marginalisation, offender accountability
Authors William R. Wood
AbstractAuthor's information

    In this article I explore the concept of accountability for young people in youth restorative conferencing. Definitions of accountability in research and programme literature demonstrate significant variation between expectations of young people to admit harms, make amends, address the causes of their offending, and desist from future offending. Such variation is problematic in terms of aligning conferencing goals with accountability expectations. I first draw from research that suggests appeals to normative frameworks such as accountability may not be useful for some young people with significant histories of victimisation, abuse, neglect, and trauma. I then examine problems in accountability for young people that are highly marginalised or ‘redundant’ in terms of systemic exclusion from economic and social forms of capital. These two issues – trauma on the micro level and social marginalisation on the macro level – suggest problems of getting to accountability for some young people. I also argue trauma and social marginalisation present specific problems for thinking about young offenders as ‘moral subjects’ and conferencing as an effective mechanism of moralising social control. I conclude by suggesting a clear distinction between accountability and responsibility is necessary to disentangle the conflation of misdeeds from the acute social, psychological, and developmental needs of some young offenders.


William R. Wood
William R. Wood is a Senior Lecturer, School of Criminology and Criminal Justice, Griffith University, Brisbane, Australia. The manuscript is a revision of the author’s presentation of the Annual Lecture for the International Journal of Restorative Justice, Australian and New Zealand Society of Criminology Conference (ANZSOC), Perth, Australia, 14 December 2019. Contact author: w.wood@griffith.edu.au.
Article

The Online Civil Money Claim

Litigation, ADR and ODR in One Single Dispute Resolution Process

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords ADR, pre-action protocols, civil procedure, online dispute resolution, mediation, civil justice, online civil money claim, online services
Authors Md Mahar Abbasy
AbstractAuthor's information

    This article considers the recent reforms in English Civil Justice System, especially the new Online Civil Money Claim (OCMC). To make the UK courts easily accessible and affordable, Lord Justice Briggs in his Civil Courts Structure Review recommended for the introduction of an Online Solutions Court. This is a revolutionary step because it embeds alternative dispute resolution (ADR), in particular mediation, into the court system. This is very important because mediation emerged as an alternative to courts but has become an integral part of it. This study critically examines how mediation is being embedded into the English Civil Justice System and argues for a balanced relationship between litigation and mediation because they complement each other. This article is divided into four sections (a) Section 2 will discuss how the Online Court will impact the open justice; (b) Section 3 will provide an overview of the three stages of OCMC; (c) Section 4 will carry out a critical analysis of the OCMC; and (d) Section 5 will seek to put forward solutions and recommendations in light of the findings.


Md Mahar Abbasy
PhD Candidate at the University of Leicester.
Article

Access_open Liberal Democracy and the Judeo-Christian Tradition

Journal Netherlands Journal of Legal Philosophy, Issue 1 2020
Keywords national identity, historical narratives, universal values, equal citizenship
Authors Tamar de Waal
AbstractAuthor's information

    Increasingly often, it is stated that the universal values underpinning Western liberal democracies are a product of a ‘Judeo-Christian’ tradition. This article explores the legitimacy of this claim from the perspective of liberal-democratic theory. It argues that state-endorsed claims about the historical roots of liberal-democratic values are problematic (1) if they are promoted as though they are above democratic scrutiny and (2) if they insinuate that citizens who belong to a particular (majority) culture remain the ‘cultural owners’ of the core values underpinning the state. More pragmatically, the paper suggests that the claim carries the risk of failing to facilitate all citizens becoming or remaining committed to nurturing fundamental rights and a shared society based on norms of democratic equality.


Tamar de Waal
Tamar de Waal is assistant professor of legal philosophy at the Amsterdam Law School of the University of Amsterdam.
Article

John Braithwaite

standards, ‘bottom-up’ praxis and ex-combatants in restorative justice

Journal The International Journal of Restorative Justice, Issue 1 2020
Authors Kieran McEvoy and Allely Albert
Author's information

Kieran McEvoy
Kieran McEvoy is Professor of Law and Transitional Justice and Senior Fellow at the Senator George J. Mitchell Institute for Global Peace, Security and Justice, Queens University Belfast, UK.

Allely Albert
Allely Albert is a PhD student with a University Studentship at the Senator George J. Mitchell Institute for Global Peace, Security and Justice, Queens University Belfast, UK.
Article

Still Consociational? Belgian Democracy, 50 Years After ‘The Politics of Accommodation’

Journal Politics of the Low Countries, Issue 1 2020
Keywords Belgium, consociational democracy, Lijphart, federalism, ethnolinguistic conflict
Authors Didier Caluwaerts and Min Reuchamps
AbstractAuthor's information

    Despite the enduring importance of Lijphart’s work for understanding democracy in Belgium, the consociational model has come under increasing threat. Owing to deep political crises, decreasing levels of trust in elites, increasing levels of ethnic outbidding and rising demands for democratic reform, it seems as if Lijphart’s model is under siege. Even though the consociational solution proved to be very capable of transforming conflict into cooperation in Belgian politics in the past, the question we raise in this article is whether and to what extent the ‘politics of accommodation’ is still applicable to Belgian democracy. Based on an in-depth analysis of the four institutional (grand coalition, proportionality, mutual veto rights and segmental autonomy) and one cultural (public passivity) criteria, we argue that consociational democracy’s very nature and institutional set-up has largely hollowed out its potential for future conflict management.


Didier Caluwaerts
Didier Caluwaerts is professor of political science at the Vrije Universiteit Brussel. His research deals with democratic governance and innovation in deeply divided societies. With Min Reuchamps, he has recently published “The Legitimacy of Citizen-led Deliberative Democracy: The G1000 in Belgium” (Routledge, 2018).

Min Reuchamps
Min Reuchamps is professor of political science at the Université catholique de Louvain (UCLouvain). His teaching and research interests are federalism and multi-level governance, democracy and its different dimensions, relations between language(s) and politics and in particular the role of metaphors, as well as participatory and deliberative methods.
Article

ODR as a Public Service

The Access to Justice-Driven Canadian Experience

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords ODR, access to justice, courts, legal process, sense of fairness
Authors Nicolas Vermeys and Jean-François Roberge
AbstractAuthor's information

    Canadian courts and tribunals are successfully incorporating online dispute resolution (ODR) mechanisms into their processes in order to offer user-centric dispute resolution systems aimed at increasing access to justice. Although they use different approaches, three such examples, British Columbia’s Civil Resolution Tribunal, Ontario’s Condominium Authority Tribunal, and Quebec’s PARLe-OPC platform, have all demonstrated how public ODR can increase litigants’ sense of justice while respecting basic legal tenets. This article serves as a short introduction to this user-centric Canadian approach.


Nicolas Vermeys
Nicolas Vermeys is the Associate Dean of Programs at the Université de Montréal’s Faculty of law, the Associate director of the Cyberjustice Laboratory, and a Researcher at the Centre de recherche en droit public (CRDP).

Jean-François Roberge
Jean-François Roberge is a Professor and the Director of the Dispute Prevention and Resolution programmes at the Université de Sherbrooke Faculty of law.
Article

Access_open Fenomenologie van het proces van bewijzen in strafzaken

Over de noodzaak van het vooroordeel

Journal Netherlands Journal of Legal Philosophy, Issue 1 2019
Authors Thomas Jacobus de Jong
Abstract

    In deze bijdrage staat de activiteit van bewijzen in strafzaken centraal. Betoogd wordt dat de vigerende rationalistische opvatting van strafrechtelijk bewijzen eraan voorbij gaat dat het bewijzen zich allereerst voltrekt op een vóór-reflectief niveau. Het primaire blikveld van de mens is namelijk niet het objectiverende kennen, zoals in de rationele bewijstheorieën wordt voorondersteld, maar de praktische relatie tot de wereld. In dit kader wordt eerst de filosofische achtergrond van de rationalistische bewijsopvatting in kaart gebracht, in het bijzonder de invloed van Aristoteles en Descartes. Vervolgens worden de daaruit voortkomende bevindingen aan de hand van ideeën en inzichten die zijn ontleend aan de existentiële fenomenologie kritisch gewaardeerd. Dit leidt tot de uiteenzetting van een hermeneutische opvatting van strafrechtelijk bewijzen.


Thomas Jacobus de Jong
PhD Review

‘Figurative Framing in Political Discourse’

PhD by Amber Boeynaems (Vrije Universtiteit Amsterdam), supervisors: Elly Konijn, Gerard Steen & Christian Burgers.

Journal Politics of the Low Countries, Issue 2 2019
Authors Christ’l De Landtsheer
Author's information

Christ’l De Landtsheer
Political Communication Research Unit, University of Antwerp.
Article

The attitudes of prisoners towards participation in restorative justice procedures

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Restorative justice, prisons, incarceration, punishment
Authors Inbal Peleg-Koriat and Dana Weimann-Saks
AbstractAuthor's information

    Restorative justice can be implemented at different stages of criminal proceedings. In Israel, restorative justice processes are mainly used prior to sentencing, while there are no restorative programmes for adults following sentencing and while serving their prison sentences. The aim of the present study is to examine the possibility of implementing restorative processes within prison walls. To this end, the present study empirically investigates the level of readiness and willingness of prisoners (n = 110) from two large prisons in Israel to participate in restorative processes and examines the psychological mechanisms underlying their attitudes towards actual participation in these processes. The study proposes a model according to which the relationship between the cognitive component of attitude towards victims and the harm caused by the offence (beliefs and thoughts) and the behavioural component of attitude (the inclination to participate in restorative processes) is mediated by the affective component of attitude towards the offence (sense of guilt and shame). The findings of the study support the proposed model. The study also found that the more prisoners perceived the harm they caused as having more dimensions (physical, economic, emotional), the more positive their attitudes towards restorative justice would be. This study will advance research into restorative justice at a stage that has not previously been researched in Israel and has rarely been investigated elsewhere.


Inbal Peleg-Koriat
Inbal Peleg-Koriat, PhD, is a lawyer and conflict management and negotiation specialist, and a faculty member at the Yezreel Valley Academic College, Israel.

Dana Weimann-Saks
Dana Weimann-Saks, PhD, is a lawyer and a social psychologist, and also a faculty member at the Yezreel Valley Academic College.
Article

Exploring the intertwining between human rights and restorative justice in private cross-border disputes

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords International human rights, private actors, horizontal effect, restorative justice
Authors Marta Sá Rebelo
AbstractAuthor's information

    International human rights instruments operate on the assumption that states are the focal human rights duty bearers. However, private actors can harm human rights as well. Moreover, since mechanisms at a supranational level are lacking, these instruments rely primarily on states for their enforcement. Yet states’ internal rules and courts are meant to address infringements that are confined within their borders, and are therefore often structurally unable to deal with violations having transnational impact. Restorative justice has proven to respond in depth to different kinds of wrongdoing and, although addressing the peculiarities of each case, restorative procedures can systemically prevent deviant behaviour as well. Additionally, as restorative justice relies on voluntary participation it need not operate in a specific territory. Having this broader picture in mind, the article explores whether restorative justice might be adequate for dealing with human rights infringements perpetrated by private actors that have cross-border impact.


Marta Sá Rebelo
Marta Sá Rebelo is a PhD researcher at Católica Global School of Law and a teaching assistant at Católica Lisbon School of Law, Universidade Católica Portuguesa, Lisbon, Portugal.
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