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In Search of Restorative Jurisprudence

Braithwaite, John
June 4, 2015

Source: (2002) In, Lode Walgrave, ed., Restorative Justice and the Law. Devon, UK: Willan Publishing. Pp. 150-167.

Braithwaite maintains that it is premature to articulate a jurisprudence of restorative justice. With the continuing pace of innovation in restorative justice, practice is ahead of theory. Nevertheless, Braithwaite states that there is consensus in the restorative justice movement on two jurisprudential principles. One is that restorative justice processes should never exceed the upper limits on punishment enforced by the courts for a particular criminal offense. The other is that restorative justice processes should respect fundamental human rights. There may be disagreement as to the specifics of each of these principles, yet the principles are well established in restorative justice theory. With all of this in mind, Braithwaite discusses several jurisprudential issues, including retributive and restorative perspectives on proportionality, a jurisprudence of responsibility, contextual justice, and principles of a restorative justice jurisprudence.


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