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Justice on the Margin: Can Alternative Justice Be Different?

Henry, S
June 4, 2015

Source: (1989) Howard Journal of Criminal Justice 28(4):255-271.

The way that extreme cases of alternative justice, such as the non-State forms of private justice in co-operatives and how they reproduce capitalist legal control forms, even where co-optation is absent, is examined. Drawing on the constitutive social theory of Giddens and others, the paper points to the inevitability of such reproduction by marginal justice institutions. This inevitability is argued to result from marginal justice practitioners sharing a common repository of control talk which impedes but does not exclude their ability to sustain divergent forms of justice. How genuine alternatives might develop is then considered.


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