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“New Wine and Old Wineskins: Four Challenges of Restorative Justice.”

Van Ness, Daniel W
June 4, 2015

Source: (1993) Criminal Law Forum 4(2):251-276. Reprinted in Restorative Justice. Declan Roche (2003), ed. Pp. 137-162. The International Library of Essays in Law & Legal Theory, Second Series. Aldershot, Hants, England: Dartmouth/Ashgate.

This essay asserts that dissatisfaction with the current paradigm of criminal justice is leading to new programs with different visions. Some, such as restitution, can be incorporated into existing structures. Others, such as victim-offender reconciliation, point to restorative justice approach. The new approach is actually a new application of an ancient vision. Though the new paradigm faces major challenges, these can be effectively addressed. A response by Andrew Ashworth expresses some doubts about restorative justice, particularly greater victim participation in the process. A reply to these doubts is provided.


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