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Some thoughts on the relationship between restorative justice and the criminal law

Bosnjak, Marko
June 4, 2015

Source: (2007) In Robert Mackay, Marko Bosnjak, Johann Deklerck, Christa Pelikan, Bas van Stokkom, and Martin Wright, ed., Images of Restorative Justice Theory. Frankfurt, Germany: Verlag fur Polizeiwissenschaft. Pp. 94-111.

“In my opinion, three basic models of relationship between restorative justice and the criminal law may be discerned, namely: 1) restorative justice and the criminal law as two separate systems; 2) restorative justice as a new ethical dimension or concept within the sphere of the criminal law; 3) restorative justice as a replacement (full or partial) of the criminal law. The first model seems less interesting from the theoretical point of view, since within that model, restorative justice and the criminal law do not interact in a way that would substantially influence either of them. In contrast to that, the other two models call for in-depth theoretical inquiry.” (abstract)

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