Source: (2006) thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy. College of Health and Science.University of Western Sydney.
This thesis considers how â€˜restorative justiceâ€™ has emerged as a legitimate response to crime. It presents the beginnings of a genealogical analysis of â€˜restorative justiceâ€™ as it applies to criminal justice contexts. It comprises a â€˜backwards-lookingâ€™ component, in which accepted historical accounts of â€˜restorative justiceâ€™ are problematised, and a â€˜forwards-lookingâ€™ component, in which a partial history of discourse of â€˜restorative justiceâ€™ is presented. I conclude that these silenced discourses might be read as an incomplete and partial history of discourse of â€˜restorative justiceâ€™. That is, â€˜restorative justiceâ€™ â€˜makes senseâ€™ as an approach to criminal justice partly because of the credence of these discourses, upon which it relies, to some extent, for discursive legitimacy. These diverse and divergent discourses cast the â€˜restorative justiceâ€™ project not as the unified and stable â€˜movementâ€™ as which it is usually portrayed, but as a fragmented and shifting phenomenon, comprised of a loose and heterogeneous assemblage of practices with variegated historical antecedents. Additionally, I conclude that some concerns raised by various scholars in the field â€“ particularly in relation to the potential of â€˜restorative practicesâ€™ to impact negatively on already marginalised and disadvantaged populations â€“ are validated by this genealogy. (author’s abstract)
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