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  • What Is Restorative Justice? Fresh Answers to a Vexed Question

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    DalyPUB848.pdf (460.7Kb)
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    Accepted Manuscript (AM)
    Author(s)
    Daly, Kathleen
    Griffith University Author(s)
    Daly, Kathleen
    Year published
    2016
    Metadata
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    Abstract
    It has become commonplace to say that restorative justice cannot be defined. I argue that restorative justice can and must be defined concretely as a justice mechanism. I develop this argument with four points: (1) restorative justice is not a type of justice, it is a justice mechanism; (2) retributive justice is not a type of justice or a justice mechanism; (3) restorative justice is one of many justice mechanisms under an innovative justice umbrella; and (4) restorative justice can be defined. The way forward is to assess and compare a variety of justice mechanisms, which reside on a continuum from conventional to innovative. ...
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    It has become commonplace to say that restorative justice cannot be defined. I argue that restorative justice can and must be defined concretely as a justice mechanism. I develop this argument with four points: (1) restorative justice is not a type of justice, it is a justice mechanism; (2) retributive justice is not a type of justice or a justice mechanism; (3) restorative justice is one of many justice mechanisms under an innovative justice umbrella; and (4) restorative justice can be defined. The way forward is to assess and compare a variety of justice mechanisms, which reside on a continuum from conventional to innovative. In time, the justice mechanisms studied may come to matter more than the concept of restorative justice.
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    Journal Title
    Victims and Offenders
    Volume
    11
    DOI
    https://doi.org/10.1080/15564886.2015.1107797
    Copyright Statement
    © 2015 Taylor & Francis (Routledge). This is an Accepted Manuscript of an article published by Taylor & Francis in Victims and Offenders on 07 Dec 2015, available online: http://www.tandfonline.com/doi/full/10.1080/15564886.2015.1107797
    Note
    This publication has been entered into Griffith Research Online as an Advanced Online Version.
    Subject
    Criminology
    Courts and sentencing
    Publication URI
    http://hdl.handle.net/10072/101836
    Collection
    • Journal articles

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