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Article

Reconciliation potential of Rwandans convicted of genocide

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Rwanda, genocide, perpetrators, posttraumatic stress, reconciliation
Authors Kevin Barnes-Ceeney, Laurie Leitch and Lior Gideon
AbstractAuthor's information

    This study examines the reconciliation potential of Rwandans incarcerated for the crime of genocide. Utilising survey data from 302 male and female prisoners incarcerated in the Rwandan Correctional System, this study explores genocide perpetrators’ depression, anxiety, anger-hostility and somatic symptoms, levels of posttraumatic stress, degree of social support and attitudes towards unity and reconciliation. The data demonstrate that engaging in killing can have deep psychological impacts for genocide perpetrators. The data indicate that although more than two decades have passed since the genocide, perpetrators are experiencing high levels of genocide-related posttraumatic suffering. Perpetrators are persistently re-experiencing genocide, purposefully avoiding thoughts and memories of the genocide, and experiencing physical and emotional arousal and reactivity. The sample had a strong desire for all Rwandans to live in peace and unity. There is, however, an urgent need for physical and mental health interventions, as well as services that facilitate the rebuilding of family relationships well in advance of release. Improving the physical and mental well-being of both perpetrators of the genocide and victims can only be a positive development as Rwanda continues to build a unified, reconciled and resilient future.


Kevin Barnes-Ceeney
Kevin Barnes-Ceeney is Assistant Professor at the Henry C. Lee College of Criminal Justice and Forensic Sciences, University of New Haven, West Haven, USA.

Laurie Leitch
Laurie Leitch is Director, Threshold GlobalWorks, New York, USA.

Lior Gideon
Lior Gideon is Professor of Criminal Justice at the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice, New York, USA.
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.

Grazia Mannozzi
Grazia Mannozzi is professor of Criminal Law and of Restorative Justice at the University of Insubria, Como, Italy.

Lies Van Cleynenbreugel
Lies Van Cleynenbreugel is an action researcher at the Leuven Institute of Criminology, KU Leuven, Belgium and in charge of the project ‘Leuven Restorative Cities’; she is also a restorative justice practitioner in the NGO Alba.

Jenny Saywood
Jenny Saywood is a previous Service Manager in the Department of Corrections, New Zealand, and founder and Chair of WRP Trust at Whanganui. Thank you to Shelly Harkness, who was the first coordinator of the Restorative Practices Trust and was instrumental in developing training in our early days. She works part time for the Trust as a Facilitator.
Article

Looking beneath the iceberg: can shame and pride be handled restoratively in cases of workplace bullying

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Bullying, victimisation, shame management, pride management, social connectedness
Authors Valerie Braithwaite and Eliza Ahmed
AbstractAuthor's information

    Central to restorative justice interventions that follow revised reintegrative shaming theory (Ahmed, Harris, Braithwaite & Braithwaite, 2001) is individual capacity to manage shame and pride in safe and supportive spaces. From a random sample of 1,967 Australians who responded to a national crime survey, 1,045 completed a module about bullying experiences at work over the past year, along with measures of shame and pride management (the MOSS-SASD and MOPS scales). Those who identified themselves as having bullied others were pride-focused, not shame-focused. They were more likely to express narcissistic pride over their work success, lauding their feats over others, and were less likely to express humble pride, sharing their success with others. In contrast, victims were defined by acknowledged and displaced shame over work task failures. In addition to these personal impediments to social reintegration, those who bullied and those targeted had low trust in others, particularly professionals. While these findings do not challenge macro interventions for culture change through more respectful and restorative practices, they provide a basis for setting boundaries for the appropriate use of restorative justice meetings to address particular workplace bullying complaints.


Valerie Braithwaite
Valerie Braithwaite is a Professor at the Regulatory Institutions Network, Australian National University, Canberra, Australia.

Eliza Ahmed
Eliza Ahmed is a visiting fellow at the Regulatory Institutions Network, Australian National University, Canberra, Australia.
Article

Mobile Online Dispute Resolution Tools’ Potential Applications for Government Offices

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords mobile online dispute resolution, MODR, ODR, computer mediated communication, dispute prevention, workplace conflict
Authors Stephanie Gustin and Norman Dolan
AbstractAuthor's information

    Online communication practices have become intrinsic to government work environments. Understanding the impact of these practices, whether they be general computer mediated communication (CMC) or specifically online dispute resolution (ODR) processes, is an essential step in supporting respectful and healthy work environments. ODR literature focuses almost exclusively on e-commerce, leaving large gaps in the body of knowledge as ODR applications diversify. Available ODR tools, which simply transpose traditional alternative dispute resolution (ADR) processes online through the use of office videoconferencing systems, are not mobile and do not utilize the full capabilities of the existing technology. This article explores the potential impacts mobile ODR (MODR) tools could have on the dispute interventions and prevention initiatives in government office settings. The study used an exploratory model to establish an understanding of the experiences and needs of Canadian and Australian government employees. Findings demonstrate an interest in the introduction of education-oriented MODR tools as supplementary support with the purposes of knowledge retention and further skill development following dispute prevention training. Findings suggest that workplace attitudes towards online communication and ODR have a significant impact on the extent to which individuals successfully develop and maintain relationships either fully or partially through the use of CMC.


Stephanie Gustin
Stephanie Gustin holds an MA in Dispute Resolution from the University of Victoria, Canada.

Norman Dolan
Norman Dolan holds a PhD in Public Administration and is an Adjunct Assistant Professor in the School of Public Administration at the University of Victoria, Canada.
Article

Access_open Philosophy and Law in Ancient Rome

Traces of Stoic Syllogisms and Ontology of Language in Proculus’s Jurisprudence

Journal Netherlands Journal of Legal Philosophy, Issue 1 2019
Keywords Stoicism, Roman Law, Theory of Language, Syllogisms, Classical Jurisprudence
Authors Pedro Savaget Nascimento
AbstractAuthor's information

    This paper uses Stoic theory of language to gain more insight into Roman lawyer Proculus’s legal opinions on the meaning and understanding of ambiguous testaments, wills and dowries. After summarizing Stoic theory of language, the paper discusses its reception in Roman jurisprudence and situates Proculus in a Stoic legal/philosophical context. The meat of the article lies in the re-examination of Proculus’s legal opinions on ambiguities in light of Stoic theory of language, through: (1) the analysis of a case demonstrating that Proculus’s embeddedness in Stoic doctrine went beyond his technical competence in propositional syllogisms, going into the territory of Stoic physical materialism and, (2) the investigation of four cases that reveal how his approach to problems of ambiguity in unilateral legal acts converges with the Stoic conception of the parallelism between speech and thought.


Pedro Savaget Nascimento
Pedro Savaget Nascimento holds a PhD in Law and Language from the University of Birmingham (UK) and currently works as Research Designer in Belo Horizonte (Brazil).

Otmar Hagemann
Otmar Hagemann is professor of social work at Kiel University of Applied Sciences, Kiel, Germany.
Article

Teaching restorative practices through games: an experiential and relational restorative pedagogy

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords restorative pedagogy, games, teaching, experiential learning
Authors Lindsey Pointer and Kathleen McGoey
AbstractAuthor's information

    This article argues for the use of games as an effective and dynamic way to teach restorative practices. Grounded in an understanding of restorative pedagogy, a paradigm of teaching in alignment with restorative values and principles, as well as experiential learning strategies, this article introduces games as a way for students to experience and more deeply understand restorative practices while building relationships and skills. Personal accounts of the authors about the impact of using games to teach restorative practices in their own communities are also included.


Lindsey Pointer
Lindsey Pointer is a PhD Candidate at Victoria University of Wellington and Creative Director of Aspen Restorative Consulting in Wellington, New Zealand.

Kathleen McGoey
Kathleen McGoey is the Executive Director of Longmont Community Justice Partnership, Longmont, USA.
Article

Transformative Welfare Reform in Consensus Democracies

Journal Politics of the Low Countries, Issue 1 2019
Keywords consensus democracy, welfare state, social investment, transformative reform, Belgium and the Netherlands
Authors Anton Hemerijck and Kees van Kersbergen
AbstractAuthor's information

    This article takes up Lijphart’s claim that consensus democracy is a ‘kinder, gentler’ form of democracy than majoritarian democracy. We zoom in on contemporary welfare state change, particularly the shift towards social investment, and argue that the kinder, gentler hypothesis remains relevant. Consensus democracies stand out in regard to the extent to which their political institutions help to overcome the politically delicate intricacies of governing for the long term. We theorize the features that can help to solve the problem of temporal commitment in democracy through processual mechanisms and illustrate these with short case studies of the contrasting welfare state reform experiences in the Netherlands and Belgium.


Anton Hemerijck
Anton Hemerijck is Professor of Political Science and Sociology at the European University Institute (EUI) in Florence, Italy.

Kees van Kersbergen
Kees van Kersbergen is Professor of Comparative Politics at the Department of Political Science of Aarhus University, Denmark.
Article

Access_open The Conduit between Technological Change and Regulation

Journal Erasmus Law Review, Issue 3 2018
Keywords technology, socio-technological change, money, windmill, data
Authors Marta Katarzyna Kołacz and Alberto Quintavalla
AbstractAuthor's information

    This article discusses how the law has approached disparate socio-technological innovations over the centuries. Precisely, the primary concern of this paper is to investigate the timing of regulatory intervention. To do so, the article makes a selection of particular innovations connected with money, windmills and data storage devices, and analyses them from a historical perspective. The individual insights from the selected innovations should yield a more systematic view on regulation and technological innovations. The result is that technological changes may be less momentous, from a regulatory standpoint, than social changes.


Marta Katarzyna Kołacz
Marta Katarzyna Kołacz, Ph.D. Candidate in the Department of Private Law, Erasmus School of Law, Erasmus University Rotterdam, The Netherlands.

Alberto Quintavalla
Alberto Quintavalla, LL.M., Ph.D. Candidate in the Rotterdam Institute of Law and Economics, Erasmus School of Law, Erasmus University Rotterdam, The Netherlands.
Article

Access_open Fostering Worker Cooperatives with Blockchain Technology: Lessons from the Colony Project

Journal Erasmus Law Review, Issue 3 2018
Keywords blockchain, collaborative economy, cooperative governance, decentralised governance, worker cooperatives
Authors Morshed Mannan
AbstractAuthor's information

    In recent years, there has been growing policy support for expanding worker ownership of businesses in the European Union. Debates on stimulating worker ownership are a regular feature of discussions on the collaborative economy and the future of work, given anxieties regarding the reconfiguration of the nature of work and the decline of standardised employment contracts. Yet, worker ownership, in the form of labour-managed firms such as worker cooperatives, remains marginal. This article explains the appeal of worker cooperatives and examines the reasons why they continue to be relatively scarce. Taking its cue from Henry Hansmann’s hypothesis that organisational innovations can make worker ownership of firms viable in previously untenable circumstances, this article explores how organisational innovations, such as those embodied in the capital and governance structure of Decentralised (Autonomous) Organisations (D(A)Os), can potentially facilitate the growth of LMFs. It does so by undertaking a case study of a blockchain project, Colony, which seeks to create decentralised, self-organising companies where decision-making power derives from high-quality work. For worker cooperatives, seeking to connect globally dispersed workers through an online workplace, Colony’s proposed capital and governance structure, based on technological and game theoretic insight may offer useful lessons. Drawing from this pre-figurative structure, self-imposed institutional rules may be deployed by worker cooperatives in their by-laws to avoid some of the main pitfalls associated with labour management and thereby, potentially, vitalise the formation of the cooperative form.


Morshed Mannan
Morshed Mannan, LLM (Adv.), PhD Candidate, Company Law Department, Institute of Private Law, Universiteit Leiden.
Part I Courts and ODR

Recent Development of Internet Courts in China

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords Internet court, ODR, AI, blockchain, regulation, fourth party
Authors Xuhui Fang
AbstractAuthor's information

    Online dispute resolution (ODR) is growing out of alternative dispute resolution (ADR) and pushing the envelope for resolving online disputes in the Internet courts in China. Recently, the Chinese Internet courts admitted blockchain-based evidence and applied artificial intelligence (AI), cloud computing, big data and virtual reality (VR) technology. The rapid development of Internet courts in China has implications for regulating AI-related technologies, which are playing the role of the ‘fourth party,’ and the interplay between the ‘third party’ and the ‘fourth party.’


Xuhui Fang
Xuhui Fang is a law Professor at Nanchang University, NCTDR fellow, associated researcher at Cyberjustice of University of Montreal, mediator of International Commercial Mediation Center for Belt and Road Initiative in Beijing, mediator at Futian District Court of Shenzhen People’s Court, senior counsel of E-Better Business in Shenzhen.
Part I Courts and ODR

Ethical Concerns in Court-Connected Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords court ODR, fourth party, ethics, access to justice, confidentiality, transparency, informed participation, accessibility, accountability, empowerment, trust
Authors Dorcas Quek Anderson
AbstractAuthor's information

    This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in private ODR, because of the association of the courts with substantive and procedural justice. As in any dispute resolution system, a coherent and effective court ODR system should be guided by dispute system design principles, which includes having clarity of the system’s underlying values and purposes. It is therefore pertinent for each court to resolve the key ethical tensions in order to articulate the foundational values that will undergird the design of its ODR system.


Dorcas Quek Anderson
Dorcas Quek Anderson is an Assistant Professor in the Singapore Management University School of Law. This research is supported by the National Research Foundation, Prime Minister’s Office, Singapore (NRF), and the Infocomm Media Development Authority (IMDA) under a grant to the Singapore Management University School of Law to helm a 5-year Research Program on the Governance of Artificial Intelligence and Data Use.
Article

Access_open The personal is political: the restorative dialectic of child inclusion

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Child participation, feminist analysis, intersectionality, family group conferencing, child sexual abuse
Authors Joan Pennell
AbstractAuthor's information

    The dialectic of the ‘personal is political’ is starkly evident in the lives of abused and neglected children and their families involved with child protection services. State intervention into families renders private matters into public issues. Restorative approaches in the child protection context offer a vital test of their efficacy in reshaping family and family-state relationships. Drawing upon the author’s experience as a young feminist and child protection worker, this article identifies three dynamics of the restorative dialectic: children’s testimony, women’s responsibilisation and child validation. A case study of a sexually abused teen demonstrates how the restorative process of family group conferencing transforms these dynamics. Children’s testimony of giving evidence in court becomes speaking for/speaking with; women blaming becomes collective responsibilisation; and child protectionism becomes validation of children and their cultural heritage. Together these movements uphold a relational approach to restorative justice that nudges norms toward greater equity.


Joan Pennell
Joan Pennell is Professor Emerita with the Center for Family and Community Engagement, North Carolina State University, Raleigh, USA. Contact author: jpennell@ncsu.edu. Funding: The Newfoundland & Labrador implementation research was supported by Health Canada [formerly Health & Welfare], Family Violence Prevention Division; Justice Canada, Discretionary Funds Section; Solicitor General of Canada; and Labrador Inuit Health Commission. The North Carolina work was supported by the North Carolina Department of Health and Human Services, Division of Social Services. Disclosure Statement: There are no financial conflicts of interest. Geolocation: The family group conference example is from Newfoundland and Labrador, Canada.

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

Access_open Keeping complexity alive: restorative and responsive approaches to culture change

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Restorative justice, responsive regulation, relational governance, complexity
Authors Gale Burford
AbstractAuthor's information

    The human services are fraught with history of failure related to grasping oversimplified, across-the-board solutions that are expected to work in all situations for all groups of people. This article reviews some of the long-standing and current challenges for governance of programmes in maintaining cultures that safeguard restorative and responsive standards, principles and values, thereby amplifying and enhancing their centrality to relational engagement within families, groups, communities and organisations. Despite their potential for helping groups of people grapple with the complex dynamics that impact their lives, restorative justice approaches are seen as no less vulnerable to being whittled down to technical routines through practitioner and sponsor colonisation than other practices. This article explores some of the ways culture can work to erode and support the achievement of restorative standards, and why restorative justice and regulation that is responsive to the ongoing experiences of affected persons offers unique paths forward for achieving justice. Included in this exploration are the ways that moral panic and top-down, command-and-control management narrow relational approaches to tackling complex problems and protect interests that reproduce social and economic inequality.


Gale Burford
Gale Burford is Emeritus Professor of Social Work, University of Vermont, Burlington, USA. Contact author: gburford@uvm.edu. Disclosure statement: There are no financial conflicts of interest.

Dr Kelly J. Stockdale
Kelly J. Stockdale, PhD, is Senior Lecturer in Criminology, School of Psychological and Social Sciences, York St. John University, York (UK). Contact author: k.stockdale@yorksj.ac.uk.
Article

Access_open 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.


Donna Coker
Donna Coker is Professor of Law, University of Miami School of Law, Miami, USA. Contact author: dcoker@law.miami.edu.
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