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Restorative justice in theory: Addressing the shortcomings of retributive justice and undermining the rights-based critique of restorative justice.

Hunsberger, Adam
June 4, 2015

Source: (2013) Undergraduate Transitional Justice Review. 4(1):2-18.

In the following pages, restorative justice is discussed in both
theoretical and practical terms. The difficulties inherent to defining
restorative justice are discussed and the United Nations’ definition is
accepted for the following analysis. A rights-based criticism of
restorative justice is outlined and revealed as a weak counterargument
when considered. The value of several restorative justice processes,
namely truth commissions and family/community circles, are
demonstrated to be useful forms of creating justice and improving
communal relationships after an offense. Ultimately, restorative
justice processes are revealed as having the potential to contribute to
Western justice systems and to remedy the shortcomings of
retributive justice. (author’s abstract)


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