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. |
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 |
Article |
Listening deeply to public perceptions of Restorative JusticeWhat 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. |
Article |
How framing past political violence affects reconciliation in the Basque CountryThe role of responsibility attributions and in-group victimhood |
Journal | The International Journal of Restorative Justice, Issue 2 2019 |
Keywords | Political violence, apologies, in-group victimhood, responsibility attributions, Basque Country |
Authors | Magdalena Bobowik, Darío Páez, Nekane Basabe e.a. |
AbstractAuthor's information |
The present study examines the impact of reminders of political violence with and without an apology on the desire for intergroup revenge in the context of political violence in the Basque Country. We expected attributions of responsibility and perceived in-group victimhood to explain these effects. A total of 257 Basque adults were assigned to three conditions: no reminder, reminders of political violence without an apology and reminders of political violence with an apology. Results showed that, as compared to no reminder condition, reminders of political violence without an apology led to assigning more responsibility to police forces and the Spanish state and less responsibility to Euskadi Ta Askatasuna (ETA) and Basque nationalism, as well as increased perceptions of in-group victimhood and the desire for intergroup revenge. Reminders of political violence accompanied by an apology activated less assignment of responsibility to police forces and the Spanish state, but more responsibility attributions to ETA and Basque nationalism, as well as activated perceptions of in-group victimhood. As expected, there was a sequential indirect effect of reminders without an apology (but not with an apology) on revenge through responsibility attributions and then perceptions of in-group victimhood. We discuss implications of these findings for intergroup relations in post-conflict contexts. |
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. |
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. |