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The Case for Restorative Justice by Carolyn Hoyle I. Introduction II. A Route through Definitional constraints and Imprecision A. Introduction B. Defining Victims and Offenders C. Crimes and Harms D. Restorative Justice and Restorative Practices III. Community at the Heart of Restorative Justice IV. A reflection on the Imbalance between Restorative Aspirations and Restorative Practices A. Restorative Justice in the UK: All Talk and Little or No Action B. A Criminology of Hope C. Appeals to Communitarianism V. Restorative Justice and Criminal Justice: Complementary not Contradictory A. A Challenge to an Unhelpful Dichotomy B. The Case for the Coexistence of Restorative and Criminal Justice C. A Framework for the Coexistence of Restorative and Criminal Justice 1. Engaging community in search of appropriate participants 2. A qualified defence of coercion 3. The aims of punishment and the boundaries of proportionality 4. Who should facilitate restorative processes? 5. Conclusion VI. In Defence of Restoration in the 'Deep end' of Criminal Justice A. Domestic Violence B. Crimes against Humanity C. Everything has its Limits VII. Conclusion: Restoration for Fragmented Communities Bibliography The Limitations of Restorative Justice by Chris Cunneen I. Introduction II. Why Restorative Justice A. Concept of Origins B. Explaining the Rise of Restorative Justice C. Policy Transfer and the Globalisation of Restorative Justice III. Creating Ideal Victims and Offenders A. The Victim B. Victim Trauma C. Does Restorative Justice Offer a Better Deal for Victims? D. The Offender E. Structural Inequalities and the Offender/Victim Relationship 1. Violence against women 2. Hate crimes 3. Social inequality F. Victims, Offenders, Rights and Incommensurability IV. Law, State and Community A. The Role of Law and the State B. Policing and Criminalisation C. Punishment and Risk D. The Community E. Transitional Justice V. Conclusion: Searching for Truth in Restorative Justice Index
Chris Cunneen is Professor of Criminology at the Cairns Institute, James Cook University, Australia. Carolyn Hoyle is a Reader in Criminology and a Fellow of Green Templeton College at the University of Oxford.
This stimulating and thought-provoking read is the first volume in a new 'Debating Law' series. ... these essays provide a critical but accessible introduction to the current debate. The merit of this work is that it is not simply an informative outline of theories and practices. As a tool of learning, the dialectical structure is excellent. Both authors make useful references to theoreticians, practices and case studies, and Hoyle provides an extensive bibliography. A must read for the student of criminology, law and sociology, we can eagerly await the next in the series. Christine Baker JUSTICE Journal July 2011 This new and interesting series is an opportunity for expert scholars to offer contrasting perspectives on contemporary issues which will be welcomed by the thoughtful undergraduate criminologist. There are many useful references and the 'Debating Law' series will be an additional invaluable source for the inquisitive criminologist who will always be on the look-out for some answers...even though ti is clear from the finely balanced arguments of both schools of thought , that the debate will continue for a long time to come! Philip Taylor www.goodreads.com November 2010