Handbook of Restorative Justice

Handbook of Restorative Justice

In this, and only in this peculiar sense, the restorative justice that is ubuntu is of Africans, by Africans, and for Africans. References Anderson, A. M. (2004) 'Restorative justice, the African philosophy of ''ubuntu'' and the ...

Author: Dennis Sullivan

Publisher: Routledge

ISBN: 9781134260799

Category: Social Science

Page: 592

View: 257

Handbook of Restorative Justice is a collection of original, cutting-edge essays that offer an insightful and critical assessment of the theory, principles and practices of restorative justice around the globe. This much-awaited volume is a response to the cry of students, scholars and practitioners of restorative justice, for a comprehensive resource about a practice that is radically transforming the way the human community responds to loss, trauma and harm. Its diverse essays not only explore the various methods of responding nonviolently to harms-done by persons, groups, global corporations and nation-states, but also examine the dimensions of restorative justice in relation to criminology, victimology, traumatology and feminist studies. In addition. They contain prescriptions for how communities might re-structure their family, school and workplace life according to restorative values. This Handbook is an essential tool for every serious student of criminal, social and restorative justice.
Categories: Social Science

Reconstructing Restorative Justice Philosophy

Reconstructing Restorative Justice Philosophy

Similarities in the Practices Associated With Restorative Justice and Ubuntu Both restorative and African traditional justice aim to promote reconciliation and to restore peace and harmony in the community.

Author: Theo Gavrielides

Publisher: Routledge

ISBN: 9781317070184

Category: Social Science

Page: 382

View: 326

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.
Categories: Social Science

Restorative Justice and Ubuntu

Restorative Justice and Ubuntu

This book examines the history of the development of restorative justice against a 'theories of punishment' backdrop.

Author: Ann Skelton

Publisher:

ISBN: 1409443167

Category:

Page: 240

View: 116

This book examines the history of the development of restorative justice against a 'theories of punishment backdrop. It considers the modern practice of restorative justice and draws on the experience gained from the justice systems of indigenous peoples in New Zealand, Australia and North America to explore the resonance of restorative justice with indigenous justice systems, focusing on African traditional systems. In particular, linkages with the African philosophical concept of ubuntu and the South African Truth Commission are explored. The work examines the contemporary development of restorative justice in South Africa, in particular the flourishing of restorative justice jurisprudence from the courts, including South Africa's globally influential Constitutional Court.
Categories:

Comparative Restorative Justice

Comparative Restorative Justice

4 Ubuntuism as Imputes for the Inclusion of Restorative Justice in South Africa's Criminal Justice System Johnstone (2004) opines that it ... 4.1 Similarities Between Restorative Justice and Ubuntu Regarding philosophical similarities, ...

Author: Theo Gavrielides

Publisher: Springer Nature

ISBN: 9783030748746

Category: Social Science

Page: 343

View: 511

This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have 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. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
Categories: Social Science

Child Soldiers and Restorative Justice

Child Soldiers and Restorative Justice

Ubuntu reparation as a better alternative than retaliation, and it finally promotes a spirit of Ubuntu instead of victimisation. The author singles out three main aspects of Ubuntu that crosscut restorative justice approaches, ...

Author: Jean Chrysostome K. Kiyala

Publisher: Springer

ISBN: 9783319900711

Category: Political Science

Page: 518

View: 439

This book investigates how, while children used as soldiers are primarily perceived as victims of offences against international law, they also commit war atrocities. In the aftermath of armed conflict, the mainstream justice system targets warlords internationally, armed groups and militias’ commanders who abduct and enrol children as combatants, leaving child perpetrators not being held accountable for their alleged gross human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, demobilised young soldiers have experienced rejection, and eventually, some have returned to soldiering. This research provides evidence of the potential of restorative justice peacemaking circles and locally-based jurisprudence – specifically the Baraza - to hold former child soldiers accountable and facilitate their reintegration into society.
Categories: Political Science

Restorative Justice

Restorative Justice

Restorative justice assumes the existence of what Gavrielides calls a “social liaison” that bonds individuals into a ... This intersection of restorative justice and ubuntu philosophies is of broader relevance as it demonstrates how ...

Author: Theo Gavrielides

Publisher: Routledge

ISBN: 9781351965323

Category: Law

Page: 500

View: 905

The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.
Categories: Law

A Discourse on African Philosophy

A Discourse on African Philosophy

This book explores the influence of ubuntu on South Africa’s post-apartheid transitional justice mechanism, the Truth and Reconciliation Commission (TRC), and—in contrast to ethnophilosophy—takes differences, historical developments, ...

Author: Christian B. N. Gade

Publisher: Lexington Books

ISBN: 9781498512268

Category: Philosophy

Page: 120

View: 368

This book explores the influence of ubuntu on South Africa’s post-apartheid transitional justice mechanism, the Truth and Reconciliation Commission (TRC), and—in contrast to ethnophilosophy—takes differences, historical developments, and social contexts seriously.
Categories: Philosophy

Navigating the Unknown

Navigating the Unknown

Restorative justice: Sachs J added to the range of meanings attributed to Ubuntu the notion of restorative justice and described Ubuntu as the “underlying motif” of the bill of rights (Port Elizabeth Municipality 2005, para. 37).

Author: Bertus de Villiers

Publisher: BRILL

ISBN: 9789004512115

Category: Law

Page: 316

View: 455

In this book Bertus de Villiers offers by way of selected case studies unique insight into the design of institutions for minority protection and practical insights into contemporary minority issues.
Categories: Law

Restorative Justice for Juveniles

Restorative Justice for Juveniles

Mokgoro (in Boraine 2000) describes ubuntu as an African worldview, which is both a guide for social conduct as well as a philosophy of life. Therefore, more than merely applicable to issues of justice, ubuntu describes the individual's ...

Author: Allison Morris

Publisher: Hart Publishing

ISBN: 9781841131764

Category: Law

Page: 290

View: 302

This book provides an up to date and critical account of recent developments in criminal justice which reflect restorative justice principles.
Categories: Law

Repositioning Restorative Justice

Repositioning Restorative Justice

Ubuntu means that in a real sense even the supporters of apartheid were victims of the vicious system which they implemented and which they supported so enthusiastically. Our humanity was intertwined. The Child Justice Bill, through its ...

Author: Lode Walgrave

Publisher: Routledge

ISBN: 9781135998745

Category: Social Science

Page: 372

View: 297

Restorative justice has become an increasingly important element in reform and change to criminal justice systems throughout the western world, and there are many reasons for satisfaction with the progress that has been made --from the point of view of victims, offenders, the level and incidence of reoffending, and in terms of public opinion. At the same time there has been cause for concern, not least to do with the confusion on aims that has accompanied the rapid spread of restorative justice practices, an over-estimate of its possibilities, a blurring of concepts and a lack of attention to legal rights and processes. This book, based on papers presented at the 5th international conference held at Leuven, Belgium in 2002, aims to provide an overview of recent experience of restorative justice in the light of these concerns. The central theme is the positioning, or repositioning, of restorative justice in contexts where it can offer hope to communities both fearful of crime and looking for more socially constructive responses to crime. At the same time restorative justice practitioners seek definition in relation to the kinds of crime it is appropriate to apply restorative justice to, how it relates to different forms of punishment, to rehabilitation, and how it fits in with criminal justice systems and the law of different countries --how to reconcile the informal, participatory philosophy of restorative justice with formal legal processes and the need for legal safeguards.
Categories: Social Science