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Restorative Justice and the Justification of Punishment

Dolinko, David
June 4, 2015

Source: (2003) Utah Law Review. 2003(1): 319-342. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003.

Inasmuch as restorative justice is a broad term defined in a variety of ways by different advocates, David Dolinko focuses in this paper on John Braithwaite’s vision of restorative justice. With this in mind, he describes the restorative justice perspective in these terms: crime consists of a violation of people and relationships; it creates obligations to make things right; and justice is a process in which the victim, offender, and community seek solutions to repair, reconcile, and reassure. Dolinko uses this perspective to examine some of the conundrums of restorative justice in relation to the longstanding philosophical consideration of the nature, purpose, and justification of punishment.

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