E-Book Overview
What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today's criminal law might develop in order to bring restoration directly into the mix for tomorrow.This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.
E-Book Content
Developing Restorative Justice Jurisprudence This is a welcome addition to restorative justice literature. Tony Foley joins those who argue that restorative and retributive justice can and should be integrated. He proposes jurisprudential and systemic changes that would move criminal justice closer to such a joint purpose. His ‘minimalist approach’ deserves careful consideration – and adoption. Daniel W. Van Ness, Prison Fellowship International, USA A thoughtful and distinctive approach to transforming criminal law jurisprudence. Tony Foley identifies deficiencies in both restorative and criminal justice and then seeks to forge a provocative new amalgam. This is a book serious criminal law scholars must read. John Braithwaite, Australian National University, Australia INTERNATIONAL AND COMPARATIVE CRIMINAL JUSTICE Series Editors: Mark Findlay, Institute of Criminology, University of Sydney, Australia Ralph Henham, Nottingham Law School, Nottingham Trent University, UK This series explores the new and rapidly developing field of international and comparative criminal justice and engages with its most important emerging themes and debates. It focuses on three interrelated aspects of scholarship which go to the root of understanding the nature and significance of international criminal justice in the broader context of globalization and global governance. These include: the theoretical and methodological problems posed by the development of international and comparative criminal justice; comparative contextual analysis; the reciprocal relationship between comparative and international criminal justice and contributions which endeavor to build understandings of global justice on foundations of comparative contextual analysis. Other titles in the series: International Criminal Law Using or Abusing Legality? Edwin Bikundo ISBN 978 1 4094 3867 0 The Dual State Edited by Eric Wilson ISBN 978 1 4094 31077 Policing in Hong Kong Kam C. Wong ISBN 978 1 4094 1060 7 Criminal Law Reform and Transitional Justice Human Rights Perspectives for Sudan Edited by Lutz Oette ISBN 978 1 4094 3100 8 Codification, Macaulay and the Indian Penal Code The Legacies and Modern Challenges of Criminal Law Reform Edited by Wing-Cheong Chan, Barry Wright and Stanley Yeo ISBN 978 1 4094 2442 0 Developing Restorative Justice Jurisprudence Rethinking Responses to Criminal Wrongdoing Tony Foley Australian National University, Australia © Tony Foley 2014 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the