Judges and public prosecutors across Europe continue to be the main source of referral of cases to restorative justice programmes organised in the context of the criminal justice system. As a result, the training of these two groups of legal professionals regarding what restorative justice is and what it can offer to victims, offenders and the community has for many years been identified as a priority for the development of restorative justice in the European Union (EU). However, little information is available about what actually exists in terms of judicial training on restorative justice within the national judicial training institutions responsible for the initial and/or continuous training of judges and/or public prosecutors. Therefore, we developed an online survey on judicial training on restorative justice and invited 38 judicial training institutions operating in the (then) 28 EU Member States to participate in our study. We were able to make relevant observations regarding the reasons for the non-existence of restorative justice training in most of the judicial training institutions studied and identify important elements of the architecture of the restorative justice training offered by the judicial training institution of Czech Republic. |
Search result: 1720 articles
Article |
Restorative justice training for judges and public prosecutors in the European Union: what is on offer and where are the gaps? |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | restorative justice, judicial training, judges, public prosecutors |
Authors | Ana Catarina Pereira, Britt De Craen and Ivo Aertsen |
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Editorial |
Restorative spaces: how does the organisation of space contribute to the experience of justice? |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Authors | David Tait and Munzer Emad |
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Conversations on restorative justice |
A talk with Howard Zehr |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Authors | Brunilda Pali |
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In Memoriam |
Elmar G.M. Weitekamp (1954‒2022): opening the windows of crime and justice studies to the world |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Authors | Stephan Parmentier and Mina Rauschenbach |
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Notes from the field |
Every enemy is someone whose story we do not know |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Authors | Robi Damelin |
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Editorial |
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Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Authors | John Braithwaite |
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Article |
The case for using culturally relevant values in restorative justice programming for Australian Aboriginal prisoners |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | Australia, Aboriginal, prison, values, restorative justice |
Authors | Jane Anderson |
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Western Australia is experiencing high rates of recidivism among Aboriginal offenders. This challenge can be partly addressed by delivering culturally relevant programming. Its dearth, however, suggests two questions: what is culturally fit in the context of the prison, and how might such programming be constructed? This article responds to these questions by focusing on one element of culture, ‘values’, that is influential ideas that determine desirable courses of action in a culture. Firstly, a review of the literature and comparative analysis is given to the respective key values of Aboriginal culture and European and Anglo-Australian cultures. It also highlights the importance of repairing Aboriginal values with implications for providing culturally relevant prison programming. Secondly, a report is given on how an in-prison Aboriginal restorative justice programme (AIPRJP) was co-designed by Noongar Elders and prisoners and me, an Anglo-Australian restorativist. Using an ethnographic approach, the project identified a set of Aboriginal values for addressing the harms resulting from historical manifestations of wrongdoing by settler colonialism and contemporary crimes of Aboriginal offenders. Brief commentary is then given to the delivery of the AIPRJP, followed by a summary of findings and recommendations for using culturally relevant programming. |
Article |
Towards a restorative justice approach to white-collar crime and supra-individual victimisation |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | restorative justice, white-collar crimes, supra-individual victimisation, spokespersons at restorative meetings, eligibility criteria |
Authors | Daniela Gaddi and María José Rodríguez Puerta |
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This work examines the feasibility of extending the implementation of restorative justice to the field of white-collar crime for a specific class of victimisation: that which people experience as a group (i.e. supra-individual victimisation). For this purpose, we analyse some key issues and outline a number of criteria for determining who would be able to speak on behalf of supra-individual victims of white-collar crime in restorative meetings. Some initial proposals are offered, based on four types of supra-individual victimisation, which would provide a framework for the selection of spokespersons who could attend restorative meetings in restoratively oriented criminal proceedings. |
Article |
Mediation in Greece: The ‘Formal’ and Various ‘Informal’ Types, Off- and OnlineThe Architecture of Mediation in Greece – Shifting towards a Culture That Values Consensus-Building |
Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | mediation, Greece, special forms, mandatory, online, informal types |
Authors | Dimitris Emvalomenos |
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Article |
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Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | international commercial mediation, Belt and Road Initiative, Singapore Convention, China, international dispute resolution |
Authors | Henneke Brink |
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With unfaltering determination, China continues to expand its Belt and Road Initiative (BRI). This article focuses on the preference that is given to mediation for the resolution of BRI-related disputes. China, Hong Kong and Singapore proclaim that this approach better fits with ‘Asian’ cultural values than adversarial processes like arbitration and litigation. The BRI can be seen as an innovative field lab where mechanisms for international commercial conflict management and resolution are being developed and put to action - and where legitimacy is tested. |
Article |
Online Mediation and e-commerce (B2B and B2C) Disputes |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | ODR, online Mediation, e-commerce, business-to business (B2B), business-to consumer (B2C) |
Authors | Mariam Skhulukhia |
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Nowadays, electronic commerce plays a significant role in our society as internet transactions continue to grow in the business industry. Electronic commerce mainly refers to commercial transactions, such as business-to-business and business-to-consumer. Disputes are inevitable, part of our lives. Simultaneously by developing technology the need for an effective dispute resolution was obvious. Information communication technology and alternative dispute resolution together created online dispute resolution. Businesses and consumers are actively engaged in online dispute resolution. Therefore, the use of the internet makes business or consumer transactions easier. The online environment is much flexible when it comes to electronic commerce. This article focuses on online mediation, one of the most popular forms of online dispute resolution. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Global solidarity, Pandemics, Global Existential Threats, Collective Intelligence, CrowdLaw |
Authors | José Luis Martí |
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Some of the existential threats we currently face are global in the sense that they affect us all, and thus matter of global concern and trigger duties of moral global solidarity. But some of these global threats, such as the COVID-19 pandemic, are global in a second, additional, sense: discharging them requires joint, coordinated global action. For that reason, these twofold global threats trigger political – not merely moral – duties of global solidarity. This article explores the contrast between these two types of global threats with the purpose of clarifying the distinction between moral and political duties of global solidarity. And, in the absence of a fully developed global democratic institutional system, the article also explores some promising ways to fulfill our global political duties, especially those based on mechanisms of collective intelligence such as CrowdLaw, which might provide effective solutions to these global threats while enhancing the democratic legitimacy of public decision-making. |
Editorial |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Authors | Wouter Veraart, Lukas van den Berge and Antony Duff |
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Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Solidarity, Community, COVID-19 pandemic, Humanity, Ethnocentrism |
Authors | Luigi Corrias |
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What is at stake in invoking solidarity in legal-political contexts? The guiding hypothesis of this article is that solidarity is always and necessarily linked to the concept of community. A plea for solidarity will, in other words, directly lead one to the question: solidarity with whom? On the one hand, solidarity may be understood as extending only to those who belong to the same community as us. In this reading, solidarity builds upon an already existing community and applies to members only. On the other hand, invoked by those who aim to question the status quo, solidarity also plays a key role in practices of contestation. In these contexts, it focuses on collective action and the reimagination of political community. The article ends by articulating how this second interpretation of solidarity might prove helpful in making sense of our current predicament of a global pandemic. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Populism, Liberal democracy, Political representation, Société du spectacle, Theatrocracy |
Authors | Massimo La Torre |
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Populism is a somehow intractable notion, since its reference is much too wide, comprising phenomena that are indeed in conflict between them, and moreover blurred, by being often used in an instrumental, polemical way. Such intractability is then radicalized through the two alternative approaches to populism, one that is more or less neutral, rooting in the political science tradition, and a second one, fully normative, though fed by political realism, founding as it does on a specific political theory and project. In the article an alternative view is proposed, that of populism as the politics that is congruent with the increasing role played by ‘screens’, icons, and images in social relationships and indeed in political representation. In this way populism is approached as the specific way politics is done within the context of a digitalized société du spectacle. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | SARS-CoV-2 pandemic, The state’s duty to protect, Duty to rescue, Responsibility, Solidarity |
Authors | Konstantinos A Papageorgiou |
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The article discusses a range of important normative questions raised by anti-COVID-19 measures and policies. Do governments have the right to impose such severe restrictions on individual freedom and furthermore do citizens have obligations vis-à-vis the state, others and themselves to accept such restrictions? I will argue that a democratic state may legitimately enforce publicly discussed, properly enacted and constitutionally tested laws and policies in order to protect its citizens from risks to life and limb. Even so, there is a natural limit, factual and normative, to what the state or a government can do in this respect. Citizens will also need to take it upon themselves not to harm and to protect others and in the context of a pandemic this means that endorsement of restrictions or other mandatory measures, notably vaccination, is not to be seen as a matter of personal preference concerning the supposedly inviolable sovereignty of one’s own body. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Mechanical solidarity, Organic solidarity, Contract, Good faith, Punishment |
Authors | Candida Leone |
AbstractAuthor's information |
The article uses three prominent examples from the Dutch context to problematize the relationship between contractual and social solidarity during the coronavirus crisis. The social science ideal types of ‘mechanical’ and ‘organic’ solidarity, and their typified correspondence with legal modes of punishment and compensation, are used to illuminate the way in which solidarity language in private relationships can convey and normalize assumptions about the public interest and economic order. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Solidarity, COVID-19 epidemic, Foucault, Social cohesion, Practicing |
Authors | Marli Huijer |
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In response to the COVID-19 pandemic, most governments in Europe have imposed disciplinary and controlling mechanisms on their populations. In the name of solidarity, citizens are pressed to submit to lockdowns, social distancing or corona apps. Building on the historical-philosophical studies of Michel Foucault, this article shows that these mechanisms are spin-offs of health regimes that have evolved since the seventeenth century. In case of COVID-19, these regimes decreased the infection, morbidity and mortality rates. But, as a side-effect, they limited the opportunities to act together and practice solidarity. This negatively affected the social cohesion and public sphere in already highly individualistic societies. To prevent the further disappearing of solidarity – understood as something that is enacted rather than as a moral value or political principle – governments and citizens need to invest in the restoral of the social conditions that enable and facilitate the practicing of solidarity after the epidemic. |