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A contradiction and an alliance among restorative justice theories, feminism and Confucianism: From Taiwan Experience.

Hsiao-Fen Huang, Noam
June 4, 2015

Source: (2011) Paper presented at the Asian Criminological Society 3rd Annual Conference, “Asian Innovations in Criminology and Criminal Justice,” Regent Hotel, Taipai, Taiwan. 16-19 December 2011.

This paper aims to discuss a theoretical contradiction and to explore a possible alliance among restorative justice theories, feminism and Confucianism, with a focus on restorative justice practice in family violence cases. In addition to drawing on literature, the paper will undertake qualitative analyses on the interviews with six facilitators in Taiwan Restorative Justice Pilot. An important contradiction among these three theories is shown in the literature, referring to the roles of and relationship among three key players: individuals, community (including family), and the state. This paper will elaborate three elements of this contradiction: (1) The nature of the relationship among these three players, (2) Who is the key player in dealing with family violence? (3) What are the principles on which the key players are operating? Further through Taiwanese facilitators’ interpretation of restorative justice, a possible alliance of these three theories will be drawn out, demonstrating what the roles of and relationships among key players would be. However, this alliance is likely formed at the expense of certain vital aspects of each theory. Accountability for wrongdoing could be compromised in restorative justice theory, women’s obedience in COnfucianism, and intervention of the state in feminism. (author’s abstract)


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