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Thinking Critically about Restorative Justice

Cunneen, Chris
June 4, 2015

Source: (2003) In Eugene McLaughlin, Ross Fergusson, Gordon Hughes and Louise Westmarland, eds., Restorative Justice: Critical Issues. London: Sage Publications in association with The Open University. Pp. 182-194.

This chapter is presented as a sympathetic critique of restorative justice. It is both the critical story of the restorative justice discourse that is, as well as a contemplation of the restorative justice that might be….Critical perspectives on restorative justice have emerged from a number of avenues. For the purposes of this discussion, these arguments may be grouped as neo-marxist, postmodernist, feminist, postcolonial and liberal…. I will deal with what I consider to be the essential elements of the critique within these five perspectives, perhaps more determinedly from a perspective informed by postcolonial critiques…. I have centred these critiques on a number of issues: the state; globalization; community; gender; human rights and indigenous rights; and the rule of law. The chapter concludes with a discussion of evaluations of existing restorative justice practices and possible future directions. (excerpt)

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