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On restoration and punishment: Favourable similarities and fortunate differences.

Walgrave, Lode
June 4, 2015

Source: (2001) In Restorative justice for juveniles: Conferencing, mediation and circles, ed. Allison Morris and Gabrielle Maxwell, 17-37. With a foreword by DJ Carruthers. Oxford: Hart Publishing.

The issue of punishment in relation to restorative justice constitutes a significant debate. For example, does or should restorative justice theory reject the idea of punishment? Should restorative justice reject all coerciveness in interventions as being punitive? Or, do restorative processes and obligations by their very nature actually constitute an alternative punishment rather than an alternative to punishment? Addressing the similarities and differences between punishment and restoration, Walgrave argues for a criminal justice system that is as deeply and comprehensively restorative as possible, even while allowing for some degree of coercive judicial intervention. In this perspective, he maintains that restorative measures are not tantamount to punishment, and he contends for the maximum possible restorative impact of even coercive judicial procedures and sanctions.


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