Gavrielides, T. (2021). Comparative Restorative Justice. New York: Springer.
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Peer-Reviewed | Original contributions only, based on unpublished data | British English Spelling | Chapter length: 6,000 - 9,000 inclusive of references | Publication date: May 2021 | Harvard Referencing System | Indexing Guidelines| Permissions' Copyrights Form| Contributor's Copyrights' Agreement Form | Editorial Guidelines | Key style points |
Restorative justice was reborn in the 1970s as a reaction to the current criminal justice system’s failures. It has now taken considerable dimensions in research, policy and practice internationally. While some countries adopt restorative justice through the legal system and legislation, others have found it difficult to pull its practices out of the shadows. Restorative practices have also been criticised for being inconsistent, unevaluated and over-rated. The reasons behind the inconsistent application of restorative justice as well as what makes it a successful option for conflict resolution remain largely unexplored. This question is now becoming a serious obstacle for international policy makers such as the European Commission, UN and the Council of Europe, as they promote regional laws and policies to roll out restorative justice in their member states. Furthermore, a number of countries have been trying to “reinvent the wheel” when implementing restorative justice either for policy or as a practice. Very little cross learning has taken place especially in the form of comparative restorative justice policy and practice.
This edited collection will take the first step in presenting evidence of restorative justice theory and practice comparatively. The book’s aim is to compare the implementation and theoretical development of restorative justice using three different criteria that will also reflect the volume’s structure (i.e. three Parts)
First, it will compare its practices in relation to the implementing environment let that be cultural, political or societal. Second, it will look at obstacles and enablers in relation to the criminal justice system and whether inquisitorial versus adversarial jurisdictions impact on how restorative justice is regulated and implemented. Finally, Part III will compare the reasons that drive governments, regional bodies and practitioners to implement restorative justice and whether these impetuses impact on ultimate delivery.
Table of contents
Introduction: Dr. Theo Gavrielides
Part I: Comparing restorative justice in its implementing environments
Chapter 1: George Pavlich - Formative Promises, Restoration and Decolonizing Justice
Chapter 2: Amanda Wilson - General Terms of Comparison: Two Cores of the Restorative Justice Apple
Chapter 3: Julena Jumbe - An East African Comparative study of indigenous vs post-colonial restorative justice in Tanzania
Chapter 4: Robert Mackay - The shadows of blood feud in the development of restorative justice – illustrations from Albanian and Scottish literature
Chapter 5: John Winterdyk - Rethinking restorative justice and its implementation in a postcolonial era: The case of Canada.
Chapter 6: Gabriel Velez, Madeline Hahn and Antonio Butler - Opportunities and challenges for race equality in the age of COVID-19: Comparing virtual with face-face approaches to restorative practices in schools and communities.
Part II: Comparing restorative justice: Adversarial vs inquisitorial criminal justice systems and beyond
Chapter 7: Isabel Ramírez - The transition from an inquisitorial to an adversarial criminal justice system: An opportunity for restorative justice in Chile
Chapter 8: Wendy Lui - Two Systems in One Country: the influence of justice systems and cultural traditions over restorative justice practice in China and Hong Kong
Chapter 9: Lipika Sharma - Restorative Justice Approach and Environmental Crime :A comparative Analysis
Chapter 10: Jane Bolitho Roadblocks on the path to restorative ways: Australian & New Zealand experiences
Chapter 11: Rina Kashyap, Muhammad Asadullah, Ramkanta Tiwari, Nibras Sakafi, Contemporary Community Based Restorative Justice Practices in India, Nepal, and Bangladesh: A Comparison
Chapter 12: Ann Skelton and Mike Batley - Incorporation of African traditional justice processes in restorative child justice systems in Southern Africa
Part III: Comparing impetuses for restorative justice
Chapter 13: Marelize Schoeman - It takes a village to raise a delinquent child: Comparing structured and indigenous restorative justice in South Africa
Chapter 14: Lorenn Walker and Malina Kaulukukui - Comparison of Native Hawaiian Traditional Ho’oponopono and Modern Restorative Justice
Chapter 15: Arthur Hartmann - Comparative statistics in restorative justice practice
Chapter 16: Gerard Drennan - Restorative Justice Practice in Mental Health Settings: Minding the Gap
Afterword: Theo Gavrielides - Top down and bottom-up restorative justice structures in contemporary criminal justice systems