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Gavrielides, T. (2021). Comparative Restorative Justice. New York: Springer.
 

DOI https://doi.org/10.1007/978-3-030-74874-6
 

Hardcover ISBN 978-3-030-74873-9

Softcover ISBN 978-3-030-74876-0

Book aims

 

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, the 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. 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.

 

First, it compares restorative practices in relation to their implementing environment let that be cultural, political or societal. Second, it looks 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 compares the reasons that drive governments, regional bodies and practitioners to implement restorative justice and whether these impetuses impact on ultimate delivery.

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Book Extract

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Table of contents

 

Foreword:              David Nelken

Guest Preface:      William Elliott Butler

Editor Preface:      Theo Gavrielides

 

Introduction:    Theo Gavrielides – Comparative restorative justice

In memory of Hennessey Hayes: William R Wood

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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 history literature

Chapter 5:           John Winterdyk - Comparing aboriginal and post-colonial restorative justice: 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

 

Chapter 7:          Isabel Ramírez - Comparing the transition from an inquisitorial to an adversarial criminal justice system: An opportunity for restorative justice in Chile

Chapter 8:           Wendy Lui - Comparing the implementation of restorative justice in the inquisitorial system of China with the adversarial tradition in Hong Kong

Chapter 9:          William R Wood, Masahiro Suzuki, Hennessey Hayes, Jane Bolitho, Roadblocks and Diverging Paths for Restorative Justice in Australia and Aotearoa/New Zealand

Chapter 10:        Rina Kashyap, Muhammad Asadullah, Ramkanta Tiwari, Nibras Sakafi, Community and Restorative Justice Practices in India, Nepal, and Bangladesh: A Comparative Overview 

Chapter 11:        Ann Skelton and Mike Batley - A comparative review of the incorporation of African traditional justice processes in restorative justice child justice systems selected in Sub-Saharan Africa

 

Part III: Comparing impetuses for restorative justice

 

Chapter 12:        Arthur Hartmann - Comparative statistics in the field of restorative justice

Chapter 13:        Marelize Schoeman - Contemporary structured vs. indigenous restorative justice in South Africa: Quo vadis?

Chapter 14:     Lorenn Walker and Malina Kaulukukui - Comparison of Native Hawaiian Traditional Ho’oponopono and Modern Restorative Justice

 

Conclusion:    Francis Pakes

Afterword:     Michael Palmer

 

Editor’s biography

Index

Back cover – selected endorsements 

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