Search result: 111 articles

x
Editorial

Editorial Comments: COVID-19 – EU Citizenship and the Right to Free Movement in a Public Health Crisis

Foreword to Vol. 9 (2021) of the Hungarian Yearbook of International Law and European Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Authors Laura Gyeney
Author's information

Laura Gyeney
Laura Gyeney: editor; associate professor of law, Pázmány Péter Catholic University, Budapest.
Article

Restorative justice practice in forensic mental health settings: bridging the gap

Journal The International Journal of Restorative Justice, Issue Online First 2021
Keywords restorative justice in mental health, evidence-based practice, institutional settings, victims, ethics
Authors Gerard Drennan and Fin Swanepoel
AbstractAuthor's information

    The ‘clinic’ has developed sophisticated systems for responding to the challenge of serious mental health conditions. Mental health services combine hierarchical decision-making processes, with clear medical authority, with interventions that are required to be evidence-based to the highest standard. This is a system in which ethical, defensible practice is imperative to protect the public and to protect practitioners from legal liability in the event of adverse outcomes. Restorative justice interventions are powerful ‘medicine’. At their best, they change lives. However, the evidence base for formal restorative justice interventions when ‘administered’ to people with severe mental health difficulties is almost non-existent. It is into this relative vacuum of empirical support that initial steps are being taken to formalise access to restorative justice for mental health populations. This article will consider the challenges for applications of restorative justice in mental health settings and how the gap between the principle of equality of access and actual practice could be conceptualised and bridged. Recommendations include a rigorous commitment to meeting the needs of victims; a focus on the mental health patient’s capacity to consent rather than the capacity to benefit; practice-based evidence development and the inclusion of restorative justice awareness in all mental health practitioner training.


Gerard Drennan
Gerard Drennan is Head of Psychology & Psychotherapy at South London & Maudsley NHS Foundation Trust, London, United Kingdom.

Fin Swanepoel
Fin Swanepoel is a Restorative Justice Practitioner at South London & Maudsley NHS Foundation Trust, London, United Kingdom. Corresponding author: Gerard Drennan at Gerard.Drennan@slam.nhs.uk. Acknowledgements: We wish to thank the reviewers of the first submission of this article for their helpful comments and suggestions as the article was significantly improved by their guidance. We also wish to thank our colleagues in forensic mental health services who are also working to introduce restorative justice practices in their settings. We have learnt so much from their vision and commitment. We have been sustained in our journey because we journey with them.

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

Geri Hubbe
Geri Hubbe (they/them) is a White queer restorative practitioner-scholar, multimodal artist, community organiser, qualified mental health professional and crisis-services advocate for survivors of domestic violence. Geri lives and works in Asheville, NC, located in Southern Appalachia on land stolen by the US government from the Cherokee Nation. Contact author: ghubbe@gmail.com.

Fernanda Fonseca Rosenblatt
Fernanda Fonseca Rosenblatt is Professor of Law at the Catholic University of Pernambuco (UNICAP), Brazil and Assistant Professor at the International Institute for Restorative Practices (IIRP), USA, and Book Review Editor of this journal.

Kennedy Anderson Domingos de Farias
Kennedy Anderson Domingos de Farias is an undergraduate law student at UNICAP, Brazil. Contact author: fernanda.rosenblatt@unicap.br.

    Evaluations of restorative justice frequently report that only a minority of schools succeed in adopting a whole-school approach. More common are a consortium of practices necessitating the evaluation of schools not implementing the whole-school model but still achieving positive results. Previous research established that unconventional models have successful outcomes, yet little is known about the contextual factors and the causal mechanisms of different practices. This study finds that models of restorative justice facilitating student voice and consequently procedural justice have promising outcomes. Importantly, alternative models may be less resource-intensive, making them more feasible to fully implement.


Heather Norris
Heather Norris is a lecturer in the Department of Psychology at Aberystwyth University, Wales, UK. Corresponding author: Heather Norris at hnn1@aber.ac.uk.
Article

‘Think Like Me, and I Will Trust You’

The Effects of Policy Opinion Congruence on Citizens’ Trust in the Parliament

Journal Politics of the Low Countries, Issue 3 2021
Keywords political representation, parliaments, opinion congruence, political trust, public opinion
Authors Awenig Marié and David Talukder
AbstractAuthor's information

    Do citizens with a lower level of political representation evaluate political actors more negatively? While the literature has documented inequalities in political representation, less attention has been given to the extent to which different levels of representation affect citizens’ levels of political trust. We aimed to fill this gap by analysing whether Belgian citizens with a lower level of policy opinion congruence with their party’s legislators have lower levels of trust in the parliament. Our results show that policy opinion congruence has a positive impact on citizens’ political attitudes. Indeed, citizens with policy preferences closer to those of their political representatives tend to have higher levels of trust in the parliament. This rela‍tionship depends on political sophistication: policy opinion congruence affects political trust for most citizens except those who consider themselves to be ‘very interested’ in politics. Citizens with a very high level of interest in politics trust the parliament regardless of policy opinion congruence with their party’s legislators.


Awenig Marié
Awenig Marié is a FNRS research fellow and a PhD candidate at the Université libre de Bruxelles. His main research interests include political inequalities, political representation, parliaments and EU politics.

David Talukder
David Talukder is a PhD candidate at the Université libre de Bruxelles. His main research interests are democratic innovations, political representation, disadvantaged groups and democratic reforms.

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

Ian D. Marder
Ian D. Marder is a Lecturer in Criminology in the Department of Law at Maynooth University, Ireland.

Meredith Rossner
Meredith Rossner is a Professor of Criminology at the Centre for Social Research and Methods at Australia National University, Australia. Contact author: Ian.Marder@mu.ie.

Lukas van den Berge
Lukas van den Berge is assistent professor of legal theory at Utrecht University.
Article

Reducing Ethnic Conflict in Guyana through Political Reform

Journal European Journal of Law Reform, Issue 1 2021
Keywords Guyana, race, ethnic conflict, political power, constitutional reform
Authors Nicola Pierre
AbstractAuthor's information

    This article discusses using constitutional reform to reduce ethnic conflict in Guyana. I start by exploring the determinants of ethnic conflict. I next examine Guyana’s ethnopolitical history to determine what factors led to political alignment on ethnic lines and then evaluate the effect of the existing political institutions on ethnic conflict. I close with a discussion on constitutional reform in which I consider a mix of consociationalist, integrative, and power-constraining mechanisms that may be effective in reducing ethnic conflict in Guyana’s ethnopolitical circumstances.


Nicola Pierre
Nicola Pierre is Commissioner of Title and Land Court Judge in Guyana.
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

Access_open A future agenda for environmental restorative justice?

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords restorative justice, restorative practice, environmental justice, environmental regulation
Authors Miranda Forsyth, Deborah Cleland, Felicity Tepper e.a.
AbstractAuthor's information

    The challenges of developing meaningful environmental regulation to protect communities and the environment have never been greater. Environmental regulators are regularly criticised for failing to act hard and consistently, in turn leading to demands for harsher punishments and more rigorous enforcement. Whilst acknowledging the need for strong enforcement to address wantonly destructive practices threatening communities and ecosystems, we argue that restorative approaches have an important role. This article explores a future agenda for environmental restorative justice through (1) situating it within existing scholarly and practice-based environmental regulation traditions; (2) identifying key elements and (3) raising particular theoretical and practical challenges. Overall, our vision for environmental restorative justice is that its practices can permeate the entire regulatory spectrum, going far beyond restorative justice conferences within enforcement proceedings. We see it as a shared and inclusive vision that seeks to integrate, hybridise and build broader ownership for environmental restorative justice throughout existing regulatory practices and institutions, rather than creating parallel structures or paradigms.


Miranda Forsyth
Miranda Forsyth is Associate Professor at the School of Regulation and Governance in the College of Asia and Pacific in the Australian National University, Australia.

Deborah Cleland
Deborah Cleland is a Postdoctoral Fellow at the School of Regulation and Governance in the College of Asia and Pacific in the Australian National University, Australia.

Felicity Tepper
Felicity Tepper is a Senior Research Officer at the School of Regulation and Governance in the College of Asia and Pacific in the Australian National University, Australia.

Deborah Hollingworth
Deborah Hollingworth is a Principal Solicitor at the Environment Protection Authority Victoria, Australia.

Milena Soares
Milena Soares is a public servant at the Técnica de Desenvolvimento e Administração,Brazil.

Alistair Nairn
Alistair Nairn is Senior Engagement Advisor at the Environment Protection Authority Victoria, Australia.

Cathy Wilkinson
Cathy Wilkinson is Professor of Practice at Monash Sustainable Development, Australia. Contact author: miranda.forsyth@anu.edu.au.
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.


Amy Giles-Mitson
Amy Giles-Mitson, PhD, is a researcher in linguistics and restorative justice at Victoria University of Wellington, New Zealand. Contact author: amyjo_gm@yahoo.com.
Article

Access_open The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000: Proposals for Legislative Reform to Promote Equality through Schools and the Education System

Journal Erasmus Law Review, Issue 3 2020
Keywords Transformative pedagogy, equality legislation, promotion of equality, law reform, using law to change hearts and minds
Authors Anton Kok, Lwando Xaso, Annalize Steenekamp e.a.
AbstractAuthor's information

    In this article, we focus on how the education system can be used to promote equality in the context of changing people’s hearts and minds – values, morals and mindsets. The duties contained in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (‘Equality Act’) bind private and public schools, educators, learners, governing bodies and the state. The Equality Act calls on the state and all persons to promote substantive equality, but the relevant sections in the Equality Act have not been given effect yet, and are therefore currently not enforceable. We set out how the duty to promote equality should be concretised in the Equality Act to inter alia use the education system to promote equality in schools; in other words, how should an enforceable duty to promote equality in schools be fashioned in terms of the Equality Act. Should the relevant sections relating to the promotion of equality come into effect in their current form, enforcement of the promotion of equality will take the form of obliging schools to draft action plans and submit these to the South African Human Rights Commission. We deem this approach inadequate and therefore propose certain amendments to the Equality Act to allow for a more sensible monitoring of schools’ duty to promote equality. We explain how the duty to promote equality should then play out practically in the classroom to facilitate a change in learners’ hearts and minds.


Anton Kok
Anton Kok is Professor of Jurisprudence at the Faculty of Law of the University of Pretoria.

Lwando Xaso
Lwando Xaso is an independent lawyer, writer and historian.

Annalize Steenekamp
Annalize Steenekamp, LLM, is a Multidisciplinary Human Rights graduate from the University of Pretoria.

Michelle Oelofse
Michelle Oelofse is an Academic associate and LLM candidate at the University of Pretoria.

Rick Kelly
Rick Kelly is the Director of Just Us: A Centre for Restorative Practices, Tottenham, Ontario, Canada. Contact author: kellyrick95@gmail.com.

Mark Walters
Mark Walters is Professor of Criminal Law and Criminology, University of Sussex, Brighton, UK. Contact author: Mark.Walters@sussex.ac.uk.

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.
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

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

Access_open The Relationship between Empirical Legal Studies and Doctrinal Legal Research

Journal Erasmus Law Review, Issue 2 2020
Keywords empirical legal studies, legal research methods, doctrinal legal research, new legal realism, critical legal studies, law and policy
Authors Gareth Davies
AbstractAuthor's information

    This article considers how empirical legal studies (ELS) and doctrinal legal research (DLR) interact. Rather than seeing them as competitors that are methodologically independent and static, it suggests that they are interdependent activities, which may each be changed by interaction with the other, and that this change brings both opportunities and threats. For ELS, the article argues that DLR should properly be understood as part of its theoretical framework, yet in practice little attention is given to doctrine in empirical work. Paying more attention to DLR and legal frames generally would help ELS meet the common criticism that it is under-theorised and excessively policy oriented. On the other hand, an embrace of legal thinking, particularly of critical legal thinking, might lead to loss of status for ELS in policy circles and mainstream social science. For DLR, ELS offers a chance for it to escape the threat of insular sterility and irrelevance and to participate in a founded commentary on the world. The risk, however, is that in tailoring legal analysis to what can be empirically researched legal scholars become less analytically ambitious and more safe, and their traditionally important role as a source of socially relevant critique is weakened. Inevitably, in offering different ways of moving to normative conclusions about the law, ELS and DLR pose challenges to each other, and meeting those challenges will require sometimes uncomfortable self-reflection.


Gareth Davies
Gareth Davies is Professor of European Law at the Faculty of Law of the Vrije Universiteit Amsterdam.
Showing 1 - 20 of 111 results
« 1 3 4 5 6
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.