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Providing a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing, this book provides an empirically researched contribution to theoretical debates. Drawing on qualitative research, the book examines the significant gaps that exist between the ideas of proponents of restorative justice and the objectives being pursued in practice. The work also suggests possible ways forward for the restorative justice movement and the development of practices with a coherent set of restorative justice ideals.
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RESTORATIVE JUSTICE
INTERNATIONAL AND COMPARATIVE CRIMINAL JUSTICE Series Editors: Mark Findlay, Institute of Criminology, University of Sydney Ralph Henham, Nottingham Law School, Nottingham Trent University 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: The Crime of Destruction and the Law of Genocide Caroline Fournet ISBN 978 0 7546 7001 8 The Criminal Law of Genocide International, Comparative and Contextual Aspects Edited by Ralph Henham and Paul Behrens ISBN 978 0 7546 4898 7 The Genocide Convention An International Law Analysis John Quigley ISBN 978 0 7546 4730 0 A World View of Criminal Justice Richard Vogler ISBN 978 0 7546 2467 7
Restorative Justice Ideals and Realities
MARGARITA ZERNOVA University of Hull, UK
© Margarita Zernova 2007 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 prior permission of the publisher. Margarita Zernova has asserted her moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work. Published by Ashgate Publishing Limited Gower House Croft Road Aldershot Hampshire GU11 3HR England
Ashgate Publishing Company Suite 420 101 Cherry Street Burlington, VT 05401-4405 USA
Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data Zernova, Margarita Restorative justice : ideals and realities. (International and comparative criminal justice) 1. Restorative justice I. Title 364.6'8 Library of Congress Cataloging-in-Publication Data Zernova, Margarita. Restorative justice : ideals and realities / by Margarita Zernova. p. cm. -- (International and comparative criminal justice) Includes bibliographical references and index. ISBN 978-0-7546-7032-2 1. Restorative justice. 2. Reparation (Criminal justice) 3. Punishment--Philosophy. 4. Corrections--Philosophy. 5. Criminals--Rehabilitation. 6. Victims of crimes--Legal status, laws, etc. I. Title. K970.Z46 2007 345'.001--dc22 2007021819 ISBN 978-0-7546-7032-2
Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall.
Contents Acknowledgements
Introduction Introducing the theme Aspirations of proponents and concerns of critics What lies ahead
vii
1 1 2 3
Chapter One Restorative Justice in Action Ancient practice and its revival Victim-offender reconciliation/mediation programmes Family g