Restorative Justice & Responsive Regulation
Oxford University Press, 15.11.2001. - 336 страница
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.
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2 Responsive Regulation
3 Does Restorative Justice Work?
4 Theories That Might Explain Why Restorative Justice Works
5 Worries about Restorative Justice
6 World Peacemaking
7 Sustainable Development
8 Transforming the Legal System
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Страница 14 - Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights...
Страница 23 - Is there one word which may serve as a rule of practice for all one's life ? " The Master said, " Is not RECIPROCITY such a word ? What you do not want done to yourself, do not do to others.
Страница 23 - If the people be led by laws, and uniformity sought to be given them by punishments, they will try to avoid the punishment, but have no sense of shame. "If they be led by virtue, and uniformity sought to be given them by the rules of propriety, they will have the sense of shame, and moreover will become good.
Страница 192 - Each national political leader appears at both game boards. Across the international table sit his foreign counterparts, and at his elbows sit diplomats and other international advisors.
Страница 192 - The unusual complexity of this two-level game is that moves that are rational for a player at one board (such as raising energy prices, conceding territory, or limiting auto imports) may be impolitic for that same player at the other board. Nevertheless, there are powerful incentives for consistency between the two games.
Страница 192 - Any key player at the international table who is dissatisfied with the outcome may upset the game board, and conversely, any leader who fails to satisfy his fellow players at the domestic table risks being evicted from his seat. On occasion, however, clever players will spot a move on one board that will trigger realignments on other boards, enabling them to achieve otherwise unattainable objectives. This "two-table" metaphor captures the dynamics of the 1978 negotiations better than any model based...
Страница 5 - Restorative justice has been the dominant model of criminal justice throughout most of human history for all the world's peoples.
Страница 11 - Restorative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future.
Страница 14 - Informal mechanisms for the resolution of disputes, including mediation, arbitration and customary justice or indigenous practices, should be utilized where appropriate to facilitate conciliation and redress for victims.
Страница 230 - When scrap, harmful substances or energy forms are discharged into the environment as pollution, it is a sign that resources have been used incompletely, inefficiently or ineffectively. Moreover, companies then have to perform additional activities that add cost but create no value for customers - for example, handling, storage, and disposal of discharges. The...
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