From the global pandemic to the Black Lives Matter, the Me Too/Times Up and Indigenous reconciliation and decolonisation movements, the systemic and structural failures of current social institutions around the world have all been brought to our collective consciousness in poignant, painful and urgent ways. The need for fundamental social and systemic transformation is clear. This challenge is central to the work of dealing with the past in countries undergoing transition and in established democracies confronting deep structural inequalities and injustices. Rooted in lessons from the application of restorative justice across these contexts, this article suggests that grounding restorative justice as a relational theory of justice is key to understanding and realising the potential of a restorative approach for transformation. It also explores the implications of this transformative imperative for the growth and development of restorative justice |
Search result: 14 articles
Annual lecture |
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Journal | The International Journal of Restorative Justice, Issue 3 2021 |
Keywords | relational theory, transformative justice, systemic injustice |
Authors | Jennifer J. Llewellyn |
AbstractAuthor's information |
Conversations on restorative justice |
A talk with Fania Davis |
Journal | The International Journal of Restorative Justice, Issue 3 2021 |
Authors | Albert Dzur |
Author's information |
Notes from the field |
Restorative justice during and after COVID-19 |
Journal | The International Journal of Restorative Justice, Issue 2 2021 |
Authors | Ian D. Marder and Meredith Rossner |
Author's information |
Article |
The Hallmarks of the Legislative Drafting Process in Common Law Systems:A Comparative Study of Eswatini and Ghana |
Journal | European Journal of Law Reform, Issue 1 2021 |
Keywords | legislation, comparing drafting process, Commonwealth Africa, comparative law |
Authors | Nomalanga Pearl Gule |
AbstractAuthor's information |
This research study is an attempt to test the comparative criteria developed by Stefanou in his work where he discusses the characteristics that defines the drafting process in the two most dominant legal systems, common and civil law. It examines the legislative drafting process in common law countries with the aim to establish if the comparative criteria identify with the process that defines the drafting of legislation in those jurisdictions. Two common law jurisdictions were selected and an in-depth comparative analysis of steps undertaken in their drafting process was done. The scope of the study is only confined to the drafting process in the common law system and the criteria that is tested are those which define the drafting process in the common law jurisdictions only. |
Article |
Sustained restorative dialogue: exploring a proactive restorative process to help address campus sexual harm |
Journal | The International Journal of Restorative Justice, Issue 3 2021 |
Keywords | restorative justice, restorative dialogue, campus sexual violence, sexual harm, sociolinguistics |
Authors | Amy Giles-Mitson |
AbstractAuthor's information |
Campus sexual harm is a widespread problem that demands approaches that focus on prevention, alongside those that respond to specific incidents of harm. This article presents the outcomes of a proactive initiative – a sustained restorative dialogue – that uses restorative circle practice in the university setting to better understand the issue of sexual harm, and identify practical steps that focus on its reduction. Speech data from post hoc interviews with participants of the dialogue is analysed in order to demonstrate the outcomes of the process, and highlight the value of using a dialogic model to address the issue on campus. Findings suggest that the process has very real potential for enhancing understanding and awareness and increasing communication on the topic, these being important precursors to transforming the cultural norms and campus climates that foster sexual harm. |
Notes from the field |
Developments in the use of restorative justice for hate crime |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Mark Walters |
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Conversations on restorative justice |
A talk with Mary Koss |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Albert Dzur |
Author's information |
Book Review |
Restorative and responsive human services |
Journal | The International Journal of Restorative Justice, Issue 1 2020 |
Authors | Susan Sharpe |
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Article |
Restorative justice as feminist practice |
Journal | The International Journal of Restorative Justice, Issue 3 2018 |
Keywords | Restorative justice, gender-based violence, feminism |
Authors | Leigh Goodmark |
AbstractAuthor's information |
Feminists have viewed the implementation of restorative practices warily, particularly in the context of gender-based harms. Concerns include the devaluing of gender-based harms, the reprivatisation of violence against women and the inability of restorative practitioners to guarantee safety for people subjected to abuse. But this article will argue that restorative justice can be a uniquely feminist practice, growing out of the same mistrust of state-based systems and engagement of the community that animated the early feminist movement. Although some caution is warranted, restorative justice serves the feminist goals of amplifying women’s voices, fostering women’s autonomy and empowerment, engaging community, avoiding gender essentialism and employing an intersectional analysis, transforming patriarchal structures and ending violence against women. |
Article |
Restorative responses to campus sexual harm: promising practices and challenges |
Journal | The International Journal of Restorative Justice, Issue 3 2018 |
Keywords | Sexual assault, feminist, restorative justice in colleges and universities |
Authors | Donna Coker |
AbstractAuthor's information |
The purpose of this article is to examine restorative approaches to campus sexual harm. A restorative response may provide support and validation for survivors, a pathway for personal change for those who cause sexual harm, and assist in changing campus culture. The article addresses three significant challenges to developing a restorative response. The first challenge is the influence of a pervasive ideology that I refer to as crime logic. A second challenge is the need for an intersectional response that addresses the potential for bias in decisions by campus administrators and restorative justice practitioners. The third challenge is to develop restorative approaches for circumstances in which a victim/perpetrator dyad is not appropriate. |
Editorial |
Deepening the relational ecology of restorative justice |
Journal | The International Journal of Restorative Justice, Issue 3 2018 |
Authors | Jennifer J. Llewellyn and Brenda Morrison |
Author's information |
Notes from the field |
Quit playing it safe: taking a restorative approach to campus safety and belonging |
Journal | The International Journal of Restorative Justice, Issue 3 2018 |
Authors | Jake MacIsaac and Melissa MacKay |
Author's information |
Article |
The Manifestation of Religious Belief Through DressHuman Rights and Constitutional Issues |
Journal | European Journal of Law Reform, Issue 2 2014 |
Keywords | religion, religious freedom, burqa, hijab, Muslim |
Authors | Anthony Gray |
AbstractAuthor's information |
Jurisdictions around the world continue to grapple with the clash between religious freedoms and other freedoms and values to which a society subscribes. A recent, and current, debate concerns the extent to which a person is free to wear items of clothing often thought to be symbolic of the Muslim faith, though the issues are not confined to any particular religion. Bans on the wearing of this type of clothing have often (surprisingly) survived human rights challenges, on the basis that governments had legitimate objectives in banning or restricting them. A pending case gives the European Court another chance to reconsider the issues. It is hoped that the Court will closely scrutinise claims of legitimate objectives for such laws; perceptions can arise that sometimes, governments are pandering to racism, intolerance and xenophobia with such measures, rather than seeking to meet more high-minded objectives. |
Article |
The System of Kafala and the Rights of Migrant Workers in GCC Countries – With Specific Reference to Saudi Arabia |
Journal | European Journal of Law Reform, Issue 2 2014 |
Keywords | migrant workers rights, GCC, Saudi, Kafala system, labor |
Authors | Majed M. Alzahrani |
AbstractAuthor's information |
Under the Kafala system, which applies in all Arab countries, migrant workers must attain a work entry visa and residential permit, which is possible only if they are working for a domestic institution or corporation or a citizen of the respective country. Each and every employer is required, based on the Kafala system, to adopt all legal and economic responsibilities for all of the employer's workers during their contractual period. By giving wide-ranging powers and responsibilities unilaterally to employers, the Kafala system subjects workers to abysmal and exploitative working conditions, violence, and human rights abuses. Some of these problems have recently made headlines in the United States and in Europe in connection with the campus being built by New York University in Abu Dhabi. While NYU imposed a code of labor standards on its direct contractual partners, it claimed to have no means of controlling subcontractors. Nor did NYU try very hard, it seems, to verify compliance even by its direct contractual partners. |