Search result: 42 articles

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Article

Risk, restorative justice and the Crown

a study of the prosecutor and institutionalisation in Canada

Journal The International Journal of Restorative Justice, Issue 2 2021
Keywords restorative justice, institutionalisation, risk, prosecutor, Canada
Authors Brendyn Johnson
AbstractAuthor's information

    In Canada, restorative justice programmes have long been institutionalised in the criminal justice system. In Ontario, specifically, their use in criminal prosecutions is subject to the approval of Crown attorneys (prosecutors) who are motivated in part by risk logics and risk management. Such reliance on state support has been criticised for the ways in which it might subvert the goals of restorative justice. However, neither the functioning of these programmes nor those who refer cases to them have been subject to much empirical study in Canada. Thus, this study asks whether Crown attorneys’ concerns for risk and its management impact their decision to refer cases to restorative justice programmes and with what consequences. Through in-depth interviews with prosecutors in Ontario, I demonstrate how they predicate the use of restorative justice on its ability to reduce the risk of recidivism to the detriment of victims’ needs. The findings suggest that restorative justice becomes a tool for risk management when prosecutors are responsible for case referrals. They also suggest that Crown attorneys bear some responsibility for the dangers of institutionalisation. This work thus contributes to a greater understanding of the functioning of institutionalised restorative justice in Canada.


Brendyn Johnson
Brendyn Johnson is a PhD candidate at the School of Criminology at the University of Montreal, Canada. Contact author: brendyn.johnson@umontreal.ca. Acknowledgement: This research is supported in part by funding from the Social Sciences and Humanities Research Council of Canada. I am grateful for the support of Véronique Strimelle and Françoise Vanhamme for their guidance in the conducting of this research as well as Marianne Quirouette for her thoughtful comments in the writing of this article.
Article

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

Journal The International Journal of Restorative Justice, Issue 2 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.

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 Evaluative Mediation (Part I), an Analysis

Evaluative Mediation, Working Method or Not?

Journal Corporate Mediation Journal, Issue 1 2021
Keywords core values, evaluative mediation, method
Authors Martin Brink
AbstractAuthor's information

    The phenomenon of evaluative mediation has invited much debate among both scholars and mediators. At the heart of that debate is the question of a definition of mediation. Considering all prevailing schools of mediation, the conclusion was that doctrine will not be able to prevent that mediation will continue to occur in all kinds of shapes and forms.


Martin Brink
Martin Brink (Van Benthem & Keulen BV, advocaten en notariaat at Utrecht, the Netherlands), is Editor-in-Chief of this journal.
Conversations on restorative justice

A talk with Rob White

Journal The International Journal of Restorative Justice, Issue 1 2021
Authors Albert Dzur
Author's information

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.
Article

A maximalist approach of restorative justice to address environmental harms and crimes

Analysing the Brumadinho dam collapse in Brazil

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords environmental law, maximalist approach, restorative justice principles and concepts, decision-making process, sanctioning rules
Authors Carlos Frederico Da Silva
AbstractAuthor's information

    In this article, the author analyses court cases arising from the rupture of the mining tailings dam in the city of Brumadinho, Brazil, on 25 January 2019. In a civil lawsuit context, legal professionals recognised damage to people and the environment during hearings involving a judge, prosecutors, lawyers and corporate representatives. The centrality of the victims’ interests and the need for remedial measures prevailed in the agreements signed mainly to provide urgent relief and restore damage to the ecosystem. In the criminal lawsuit dealing with the same facts, there have not yet been acquittals, non-prosecution agreements or convictions. By employing a socio-legal approach to contrast different types of legal reasoning, this article explores the possibilities of restorative responses in civil proceedings and explains the lack of them in criminal justice. In highlighting some characteristics of punishment theories that hinder a possible restorative justice approach, the article offers a critique of a penal system mostly linked to argumentative competition rather than persuasive conflict resolution. The author argues that jurisprudence should address transdisciplinary concepts, such as responsive regulation, restorative efforts, proportionality and individualisation of punishment. The discussion can shed light on the decision-making process to allow environmental restorative justice responses to crimes.


Carlos Frederico Da Silva
Carlos Frederico Braga Da Silva is a PhD researcher associated to the Graduate School of Sociology at the Federal University of Minas Gerais, Brazil, and to the Canadian Chair of Legal Traditions and Penal Rationality, Faculty of Social Sciences, Department of Criminology, University of Ottawa, Canada. He also works as a state judge in Belo Horizonte, Minas Gerais, Brazil. Contact author: carlosfrebrasilva@gmail.com.
Article

Imagining a community that includes non-human beings

The 1990s Moyainaoshi Movement in Minamata, Japan

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords restorative justice, community, environmental damage, spirituality, Japan, the Moyainaoshi Movement
Authors Orika Komatsubara
AbstractAuthor's information

    This article offers a vision of a community that includes non-human beings. After suffering environmental damage, a community is often harmed and confused. Restorative justice may have the potential to intervene in divisions with a community approach. However, though environmental damage affects both human and non-human beings, restorative justice typically concerns itself with human communities. Therefore, through a review of the literature I consider what non-human beings mean for a community, focusing on the Moyainaoshi Movement (MM) in Minamata, Japan, in the 1990s. This movement aimed to reconstruct the community after severe, long-term pollution. First, I examine the motivations of several stakeholders that worked to reconstruct the Minamata community in the 1990s. Second, I clarify the role of non-human beings in the vision of community as practiced by the MM. I find that non-human beings served as symbols to connect human beings within the community. Finally, I conclude that a vision of a community that includes non-human beings can propel community reconstruction in our current political realities, and I reveal that in studying this concept of community in restorative justice, listening to victims’ voices is of paramount importance.


Orika Komatsubara
Orika Komatsubara is working under a Research Fellowship for Young Scientists from the Japan Society for the Promotion of Science (JSPS). This study was supported by Grant Number 20J00091. Contact author: orika1982@gmail.com.

Brunilda Pali
Brunilda Pali is a Senior Researcher at the Leuven Institute of Criminology, KU Leuven, Belgium, and a Lecturer at the Department of Political Sciences, University of Amsterdam, the Netherlands.

Ivo Aertsen
Ivo Aertsen is Emeritus Professor of Criminology, Leuven Institute of Criminology, KU Leuven, Belgium. Contact author: Brunilda.pali@kuleuven.be.
Article

Access_open Can Non-discrimination Law Change Hearts and Minds?

Journal Erasmus Law Review, Issue 3 2020
Keywords law and society, social change, discrimination, non-discrimination law, positive action
Authors Anita Böcker
AbstractAuthor's information

    A question that has preoccupied sociolegal scholars for ages is whether law can change ‘hearts and minds’. This article explores whether non-discrimination law can create social change, and, more particularly, whether it can change attitudes and beliefs as well as external behaviour. The first part examines how sociolegal scholars have theorised about the possibility and desirability of using law as an instrument of social change. The second part discusses the findings of empirical research on the social working of various types of non-discrimination law. What conclusions can be drawn about the ability of non-discrimination law to create social change? What factors influence this ability? And can non-discrimination law change people’s hearts and minds as well as their behaviour? The research literature does not provide an unequivocal answer to the latter question. However, the overall picture emerging from the sociolegal literature is that law is generally more likely to bring about changes in external behaviour and that it can influence attitudes and beliefs only indirectly, by altering the situations in which attitudes and opinions are formed.


Anita Böcker
Anita Böcker is associate professor of Sociology of Law at Radboud University, Nijmegen.
Article

Access_open A Positive State Obligation to Counter Dehumanisation under International Human Rights Law

Journal Erasmus Law Review, Issue 3 2020
Keywords Dehumanisation, International Human Rights Law, Positive State obligations, Framework Convention for the Protection of National Minorities, International Convention on the Elimination of all forms of Racial Discrimination
Authors Stephanie Eleanor Berry
AbstractAuthor's information

    International human rights law (IHRL) was established in the aftermath of the Second World War to prevent a reoccurrence of the atrocities committed in the name of fascism. Central to this aim was the recognition that out-groups are particularly vulnerable to rights violations committed by the in-group. Yet, it is increasingly apparent that out-groups are still subject to a wide range of rights violations, including those associated with mass atrocities. These rights violations are facilitated by the dehumanisation of the out-group by the in-group. Consequently, this article argues that the creation of IHRL treaties and corresponding monitoring mechanisms should be viewed as the first step towards protecting out-groups from human rights violations. By adopting the lens of dehumanisation, this article demonstrates that if IHRL is to achieve its purpose, IHRL monitoring mechanisms must recognise the connection between dehumanisation and rights violations and develop a positive State obligation to counter dehumanisation. The four treaties explored in this article, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Framework Convention for the Protection of National Minorities and the International Convention on the Elimination of all forms of Racial Discrimination, all establish positive State obligations to prevent hate speech and to foster tolerant societies. These obligations should, in theory, allow IHRL monitoring mechanisms to address dehumanisation. However, their interpretation of the positive State obligation to foster tolerant societies does not go far enough to counter unconscious dehumanisation and requires more detailed elaboration.


Stephanie Eleanor Berry
Stephanie Eleanor Berry is Senior Lecturer in International Human Rights Law, University of Sussex.

Jee Aei (Jamie) Lee
Jee Aei Lee is Crime Prevention and Criminal Justice Officer, Justice Section, United Nations Office on Drugs and Crime, Vienna, Austria.

Yvon Dandurand
Yvon Dandurand is Professor Emeritus in Criminology, University of the Fraser Valley, and Fellow and Senior Associate at the International Centre for Criminal Law Reform, Vancouver, Canada. Contact authors: jeeaei.lee@un.org; Yvon.Dandurand@ufv.ca.

Gerd Delattre
Gerd Delattre was head of the TOA-Servicebureau by DBH e. V. in Cologne/Germany for over 20 years. He is considered a pioneer of victim-offender mediation in Germany.

Christoph Willms
Christoph Willms is assistant to the head of the TOA-Servicebureau by DBH e. V. Contact authors: gerd@delattre.de, christophwillms@web.de.
Article

Access_open The Feminisation of Belgian Local Party Politics

Journal Politics of the Low Countries, Issue 2 2020
Keywords local politics, local party branches, local elections, gender quotas, Belgium
Authors Robin Devroe, Silvia Erzeel and Petra Meier
AbstractAuthor's information

    This article investigates the feminisation of local politics. Starting from the observation that the representation of women in local electoral politics lags behind the regional and federal level, and taking into account the relevance of local party branches in the recruitment and selection of candidates for elections, we examine the extent to which there is an ‘internal’ feminisation of local party branches and how this links to the ‘external’ feminisation of local electoral politics. Based on surveys among local party chairs, the article maps patterns of feminisation over time and across parties, investigates problems local branches encounter in the recruitment of candidates for local elections, and analyses the (attitudes towards the) measures taken to further the integration of women in local electoral politics. We conclude that internal and external feminisation do not always go hand in hand and that local politics continues to be a male-dominated political biotope.


Robin Devroe
Robin Devroe is a postdoctoral researcher in the Department of Political Sciences of Ghent University and member of the research group GASPAR. Her main research interest is the study of the political representation of diverse social groups and voting behaviour, with a specific focus on the descriptive representation of women, and she has a fascination for experimental methods. Her doctoral work (2019, Ghent University) focused on the prevalence of political gender stereotypes among Flemish voters. In the past, Robin was a visiting scholar at Texas A&M University (2018, US). Since 2020, she has been co-convenor of the European Consortium for Political Research’s (ECPR’s) Group on Gender and Politics.

Silvia Erzeel
Silvia Erzeel is Assistant Professor at the Department of Political Science, Vrije Universiteit Brussel. Her research interests include party politics, political representation, gender and intersectionality, and comparative politics. Her current research focuses on three main areas: the integration of gender equality in political parties, intersectionality and political representation in Europe, and the consequences of economic and social inequality for representative democracy. Since 2018, she has been co-convenor of the European Consortium for Political Research’s (ECPR’s) Standing Group on Gender and Politics.

Petra Meier
Petra Meier is Professor of Politics at the Faculty of Social Sciences, University of Antwerp. Her research focuses on the (re)presentation of gender+ in politics and policies. Late work focused on the conceptualisation of symbolic representation, how it operates and the issues at stake from an inclusive perspective. Recently, she turned to study democratic deficits in federal systems, especially Belgium, and processes of de-democratisation in general. She is particularly interested in understanding how such processes affect the demos, more particularly from a gender, an LGBTQI or an ethnic perspective, and what dynamics of marginalisation and exclusion they generate.
Article

Like Mother, Like Daughter?

Linkage Between Local Branches and Their National Party Headquarters in Belgium

Journal Politics of the Low Countries, Issue 2 2020
Keywords local branches, national party headquarters, linkage, integration, multilevel parties
Authors Kristof Steyvers
AbstractAuthor's information

    This article scrutinises local-national linkage in Belgium to better understand territorial power relations in multilevel parties. Drawing on a survey of local chairs of national parties, it adopts an innovative, informal and bottom-up approach. The descriptive analysis reveals two central axes in the morphology of linkage: scope (downward support and upward influence) and surplus (benefits versus costs). However, (the valuation of) this interdependence appears as a matter of degree. The explanatory analysis therefore probes into the effect of macro- (between environments), meso- (between parties) and micro- (within parties) level factors. It demonstrates that variance is explained by different parameters. For scope, differences between parties trump those within them. For surplus, specific differences between parties as well as within them matter. The answer to our guiding question is therefore variegated: it depends on for what and for whom.


Kristof Steyvers
Kristof Steyvers is Associate Professor in the Department of Political Science of Ghent University (Belgium). His research is conducted in the Centre for Local Politics, where he focuses on topics such as local political leadership, parties and elections at the local level, local government in multilevel governance and local government reforms (often from a comparative perspective).
Article

Victim-offender mediation in Denmark: or how institutional placement and organisation matter

Journal The International Journal of Restorative Justice, Issue 2 2020
Keywords Danish VOM programme, police, victim-offender mediation, Norwegian Mediation Service, Konfliktråd
Authors Katrine Barnekow Rasmussen
AbstractAuthor's information

    In this article, the current state of the Danish police-based victim-offender mediation (VOM) programme is examined against the background of the Norwegian Mediation Service (NMS). In the two similar national languages both are called Konfliktråd, and the Danish programme – which was launched in 2010 – is named after and clearly inspired by the Norwegian service. Yet they differ in terms of organisational structure, capacity and use. Despite similar population size, the NMS completes around 12 times as many meetings as the Danish VOM programme. Furthermore, since 2016 the average number of meetings completed per year by the Danish programme has dropped significantly. In the article, I examine how the development of the Danish VOM programme has seemingly been held back by its placement in the police and also by a lack of clear prioritisation by management, political support and legal status. The VOM secretariat and local VOM coordinators attempt to mitigate the negative effects of these factors. Yet the framework of the Danish VOM programme seems to continue hindering the emulation of the Norwegian service in terms of capacity and use.


Katrine Barnekow Rasmussen
Katrine Barnekow Rasmussen is a PhD Fellow at the Faculty of Law of the University of Copenhagen, Denmark. Contact author: xsq276@ku.dk.
Article

Restorative justice, anger, and the transformative energy of forgiveness

Journal The International Journal of Restorative Justice, Issue 3 2019
Keywords Restorative justice, ritual, anger, apology, forgiveness
Authors Meredith Rossner
AbstractAuthor's information

    Restorative justice has long been positioned as a justice mechanism that prioritises emotion and its expression. It is also unique in its ritual elements, such as the ritualized expression of anger and the symbolic exchange of apology and forgiveness. This paper draws on insights from research and practice in restorative justice and recent developments in criminology/legal theory and the philosophy of justice to suggest some ways that the broader criminal justice landscape can incorporate elements of successful restorative justice rituals into its practice. I argue that the unique elements of restorative justice- its ability to harness anger into a deliberative ritual for victims and offenders, its focus on symbolic reparations, and its ability to engender a form of forward-looking forgiveness that promotes civility- can provide a framework for rethinking how criminal justice institutions operate.


Meredith Rossner
Meredith Rossner will from 2020 be a Professor of Criminology, Centre for Social Research and Methods, Australian National University, Canberra, Australia. In 2019 she was an Associate Professor of Criminology at the London School of Economics and a visitor at the Center for Law and Public Affairs, Princeton University.

Eduardo Cozar
Eduardo Cozar is the Executive Director of Prison Fellowship Spain, facilitator and mediator, Madrid, Spain.
Article

Access_open Mercosur: Limits of Regional Integration

Journal Erasmus Law Review, Issue 3 2019
Keywords Mercosur, European Union, regionalism, integration, international organisation
Authors Ricardo Caichiolo
AbstractAuthor's information

    This study is focused on the evaluation of successes and failures of the Common Market of the South (Mercosur). This analysis of Mercosur’s integration seeks to identify the reasons why the bloc has stagnated in an incomplete customs union condition, although it was originally created to achieve a common market status. To understand the evolution of Mercosur, the study offers some thoughts about the role of the European Union (EU) as a model for regional integration. Although an EU-style integration has served as a model, it does not necessarily set the standards by which integration can be measured as we analyse other integration efforts. However, the case of Mercosur is emblematic: during its initial years, Mercosur specifically received EU technical assistance to promote integration according to EU-style integration. Its main original goal was to become a common market, but so far, almost thirty years after its creation, it remains an imperfect customs union.
    The article demonstrates the extent to which almost thirty years of integration in South America could be considered a failure, which would be one more in a list of previous attempts of integration in Latin America, since the 1960s. Whether it is a failure or not, it is impossible to envisage EU-style economic and political integration in South America in the foreseeable future. So far, member states, including Brazil, which could supposedly become the engine of economic and political integration in South America, have remained sceptical about the possibility of integrating further politically and economically. As member states suffer political and economic turmoil, they have concentrated on domestic recovery before being able to dedicate sufficient time and energy to being at the forefront of integration.


Ricardo Caichiolo
Ricardo Caichiolo, PhD (Université catholique de Louvain, Belgium) is legal and legislative adviser to the Brazilian Senate and professor and coordinator of the post graduate programs on Public Policy, Government Relations and Law at Ibmec (Instituto Brasileiro de Mercado de Capitais, Brazil).
Article

Listening deeply to public perceptions of Restorative Justice

What can researchers and practitioners learn?

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Public perception, media, apophatic listening, online comments, understandings of restorative justice
Authors Dorothy Vaandering and Kristin Reimer
AbstractAuthor's information

    This article explores public perceptions of restorative justice through the examination of media articles and negative online reader comments surrounding a high-profile incident in a Canadian university in which a restorative process was successfully engaged. Utilising relational discourse analysis, we identify how restorative justice is presented in the media and how that presentation is taken up by the public. Media representations of restorative justice create understandings among the public that are profoundly different from how many restorative justice advocates perceive it. The aim of this article is to examine media representations of restorative justice and how these are received by the public so that we can respond constructively.


Dorothy Vaandering
Dorothy Vaandering, Ph.D., is an Associate Professor at the Faculty of Education, Memorial University of Newfoundland, St. John’s, Canada.

Kristin Reimer
Kristin Reimer, Ph.D., is a lecturer in Restorative Justice and Relational Pedagogies at the Faculty of Education, Monash University, Melbourne, Australia.

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA.
Article

Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Hybrid model, restorative justice, non-state justice, Palestine, Middle East
Authors Mutaz Qafisheh and Ali Wardak
AbstractAuthor's information

    Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine.


Mutaz Qafisheh
Mutaz Qafisheh is Dean and Associate Professor of International Law, College of Law and Political Science, Hebron University, Hebron, Palestine.

Ali Wardak
Ali Wardak is Professor of Criminology, University of South Wales, Pontypridd, United Kingdom.
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