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Restorative Justice and the Law: the case for an integrated, systemic approach

Dignan, Jim
June 4, 2015

Source: (2002) Expanded version of a paper presented at the fifth international conference of the International Network for Research on Restorative Justice for Juveniles, entitled ‘Positioning Restorative Justice’, which was held in Leuven on 16-19 September 2001.

Dignan advocates the promotion of restorative justice (RJ) principles and outcomes for widely reforming the existing criminal justice system. First arguing against the tendency to draw sharp distinctions between the conventional criminal justice system and RJ approaches, he identifies three xe2x80x98fault-linesxe2x80x99 within the restorative justice model, issues over: (1) including outcomes as well as processes in defining RJ, (2) emphasizing civilian approaches (eg., mediation) versus communitarian approaches (eg., conferencing), and (3) tending toward separatist versus integrationist strategy with regard to the criminal justice system. Expanding on John Braithwaitexe2x80x99s hybrid model, Dignan advocates a systemic model of RJ that reforms the imposition of non-custodial penalties while retaining a call for moral justification, and that rethinks prison life.
Rj, outcomes, principles, cjs, processes, separatist, integrationist, model, systemic, prison life, moral, penalties


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