Restorative Justice & Responsive Regulation

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Oxford University Press, Nov 15, 2001 - Law - 336 pages
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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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Contents

1 The Fall and Rise of Restorative Justice
3
2 Responsive Regulation
29
3 Does Restorative Justice Work?
45
4 Theories That Might Explain Why Restorative Justice Works
73
5 Worries about Restorative Justice
137
6 World Peacemaking
169
7 Sustainable Development
211
8 Transforming the Legal System
239
References
269
Index
297
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Page 5 - Restorative justice has been the dominant model of criminal justice throughout most of human history for all the world's peoples.

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A Suitable Amount of Crime
Nils Christie
No preview available - 2004
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About the author (2001)

John Braithwaite is professor of Law at Australian National University. He is currently a visiting professor at New York University School of Law. He is the author of Responsive Regulation (OUP,1995) with Ian Ayers.

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