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Dialogical justice: Philosophical considerations for re-thinking the reaction to crime in a restorative way.

Reggio, Federico
June 4, 2015

Source: (2013) In, David J. Cornwell, John Blad, and Martin Wright, eds., Civilising criminal justice: An international restorative justice agenda for penal reform. pp. 315-345.

Despite the superficial perception that sometimes occurs within the context of legal doctrine, the restorative approach does not merely propose some programmes or techniques as an alternative to the traditional idea and practice of both the legal process and punishment. Restorative justice aspires to represent a different and autonomous ‘paradigm’ of justice. Thus if restorative justice challenges both the practice and (most of all) the idea of criminal justice, it also invites a discussion of the underlying philosophy that informs criminal justice as a system and as an idea. For these reasons, it is appropriate to reflect on restorative justice from the perspective of legal philosophy — as this chapter attempts. (excerpt)

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