Here are the opening and references of another paper I’ve recently submitted, coming at the whole ‘governance of problematic behaviour under law’ question from a different angle. (On reflection, ‘problematic’ may be redundant – what other kind of behaviour would you want to govern? Answer: hmm. File under “questions, big, deceptively”.)
Where, how, who? Some questions for restorative justice
The adoption of restorative justice in Britain has expanded greatly over the last decade, both in and outside the criminal justice system. Restorative justice has been seen as offering an unusual combination of benefits. It has appealed simultaneously to advocates of an enhanced role for victims in criminal justice, to believers in reducing reoffending by facilitating desistance, and to police forces committed to resolving problems of low-level disorder. It also, crucially, offers to deliver results in all these areas more quickly, less contentiously and (perhaps most important) at much less cost, in comparison to the conventional functioning of the criminal justice system.
While this situation presents opportunities for ever-increasing numbers of people to benefit from restorative justice, it also prompts some questions. These are
– Where does restorative justice fit within the criminal justice system?
– How does restorative justice achieve its effects? and
– Who is the beneficiary of restorative justice – and how can the process be managed so as to benefit both victims and offenders?
This paper will argue that the answer to the third question – which also addresses the first two – can be found by adopting a regulatory perspective, and in particular by foregrounding concepts of interdependency. The needs of victims and offenders, while they may both be met through restorative justice, are so different that a process designed to meet one may be oppressive and unjust to the other. The participatory equality on which just outcomes depend requires the articulation of relations of interdependency between participants.
The penultimate sentence there is key – there’s probably scope for another paper just developing that.
The references are a bit more predictable than for the previous paper, if you know the area, but there are a couple of less obvious ones in there:
Ashworth, A. (2000), “Victims’ Rights, Defendants’ Rights and Criminal Procedure”. In Crawford, A. and Goodey, J. (eds.) (2000), Integrating a Victim Perspective Within Criminal Justice: International Debates. Aldershot: Ashgate.
Bottoms, A. (2003), “Some sociological reflections on restorative justice”. In von Hirsch et al (2003), Restorative justice and criminal justice: Competing or reconcilable paradigms?. Oxford: Hart.
Braithwaite, J. (1989), Crime, shame and reintegration. Cambridge: Cambridge University Press.
Braithwaite, J. and Mugford, S. (1994), “Conditions of successful reintegration ceremonies”. British Journal of Criminology 34(2): 139-71.
Braithwaite, J. (1999), “Restorative justice: assessing optimistic and pessimistic accounts”. Crime and Justice: A review of research 25:1-127.
Braithwaite, J. (2002), Restorative justice and responsive regulation. Oxford: Oxford University Press.
Christie, N. (1977), “Conflicts as property”. British Journal of Criminology 17(1):1-15.
Christie, N. (2004), A suitable amount of crime. London: Routledge.
Duff, R.A. (2010), “A criminal law for citizens”. Theoretical Criminology 14(3):293-309.
Garfinkel, H. (1956), “Conditions of successful degradation ceremonies”. American Journal of Sociology 61(5):420-24.
Makkai, T. and Braithwaite, J. (1994), “Reintegrative shaming and compliance with regulatory standards”. Criminology 32(3):361-85.
Maruna, S. (2001). Making good: How ex-convicts reform and rebuild their lives. Washington DC: American Psychological Association.
Shapland, J. et al (2004), Implementing restorative justice schemes (Crime Reduction Programme). Home Office Online Report 32/04.
Shapland, J. et al (2006a), Restorative justice in practice. University of Sheffield Centre for Criminological Research.
Shapland, J. et al (2006b), “Situating restorative justice within criminal justice”. Theoretical Criminology 10(4):505-32.
Shapland, J. et al (2007), Restorative justice: the views of victims and offenders. Ministry of Justice Research Series 3/07.
Shapland, J. et al (2008), Does restorative justice affect reconviction?. Ministry of Justice Research Series 10/08.
Wittgenstein, L. (1953) (tr. G.E.M. Anscombe), Philosophical Investigations. Oxford: Blackwell.