Towards a Paschal theology of restorative justice.
by DANAHER, WILLIAM
June 4, 2015
Source: (2007) Anglican Theological Review. 89(3): 359-373. In this essay, I argue that the resurrection, rather than the atonement, provides the proper starting point for theological reflection on reconciliation and, restorative justice. To frame this discussion, I survey attitudes toward the...
Read More
Protocol no. 14 to the european convention for the protection of human rights and fundamental freedoms: Towards a more effective control mechanism?
by Egli, Patricia
June 4, 2015
Source: (2007) Journal of Transnational Law & Policy. 17(1): 1-34. At a time when nearly all of Europe’s countries have become party to the Convention, an urgent need has arisen to adjust the control mechanism to ensure that the European Court of Human Rights can continue to fulfill...
Read More
Responding to the model penal code sentencing revisions: Tips for early adopters and power users.
by Marcus, Michael H.
June 4, 2015
Source: (2007) Southern California Interdisciplinary Law Journal. 17(1): 67-138. The next release of the Model Penal Code sentencing revision is quite predictable; although the revision will be undergoing some years of further development, the primacy of “just deserts” ordered by...
Read More
Extended jurisdiction juvenile prosecutions: To revoke or not to revoke.
by Sulok, Megan M.
June 4, 2015
Source: (2007) Loyola University Chicago Law Journal. 39(1): 215-284. If this incident had occurred two years earlier, the state’s attorney would have had two options for prosecuting J.W.: (1) petition the juvenile court for a discretionary transfer to try J.W. in adult court, or (2)...
Read More
Restorative justice: Sketching a new legal discourse.
by Hill, Frank D.
June 4, 2015
Source: (2009) Contemporary Readings in Law and Social Justice. 1(1): 115-162. The aim of this paper is not merely an exploration of the practice of restorative justice, but rather an examination of the radical re-visioning of criminal justice specifically and legal discourse generally toward...
Read More
The politics of pain: A political institutionalist analysis of crime victims’ moral protests.
by Barker, Vanessa
June 4, 2015
Source: (2007) Law and Society Review. 41(3): 619-664. Like the new social movements, crime victim movements were part of broad cultural struggles to redefine the character of social order in the late twentieth century. Motivated by pain and outrage over criminal victimization, they were...
Read More
The personal is political – and economic: Rethinking domestic violence.
by Weissman, Deborah M.
June 4, 2015
Source: (2007) Brigham Young University Law Review. 2007(2): 387-450. The domestic violence movement is no exception. … The domestic violence movement developed into largely a legal movement ensconced within the criminal justice system. … The domestic violence movement itself has...
Read More
The illusion of transformative conflict resolution: Mediating domestic violence in Nicaragua.
by ALDANA, RAQUEL
June 4, 2015
Source: (2008) Buffalo Law Review. 55(4): 1261-1330. In this article, we examine the implementation of mediation in domestic violence cases in Nicaragua as a case study of the transnational movement of alternative conflict resolution through rule-of-law reforms across the world. Unlike...
Read More
Transitional justice in postconflict contexts: The case of Sierra Leone’s dual accountability mechanisms.
by Apori-Nkansah, Lydia
June 4, 2015
Source: (2008) Dissertation submitted. Walden University. Literature on in-depth studies of dual transitional justice mechanisms in postconflict settings is inadequate. This qualitative case study sought to understand the practice of dual transitional justice by examining the Truth and...
Read More
Reconceiving civil protection orders for domestic violence: Can law help end the abuse without ending the relationship?
by Goldfarb, Sally F.
June 4, 2015
Source: (2008) Cardozo Law Review 29(4): 1487-1553. This Article argues that the dual goal of advancing women’s safety and women’s autonomy can be achieved by bringing protection orders that allow ongoing contact between the parties from the margin to the center of domestic...
Read More
Finding interior peace in the ordinary practice of law: Wisdom from the spiritual tradition of St. Teresa of Avila.
by Nolan-Haley, Jacqueline
June 4, 2015
Source: (2007) Journal of Catholic Legal Studies. 46(1): 29-42. It is no secret that the legal profession is troubled by a vocational crisis and so the inquiry posed in this symposium – how the lives of extraordinary Catholics can inform the ordinary practice of law – is a...
Read More
When it’s so hard to relate: Can legal systems mitigate the trauma of victim-offender relationships?
by Madeira, Jody Lyneé
June 4, 2015
Source: (2008) ExpressO This article argues that, in the aftermath of violent crime, a relationship that is both negative and involuntary can form between crime victims and offenders. This relationship fetters the victim to the crime and the criminal, rendering it difficult to recover from the...
Read More
The Secularization of South Africa’s truth and reconciliation commission in Mike Nicol’s The Ibis Tapestry.
by Titlestad, Michael
June 4, 2015
Source: (2006) Research in African Literatures. 37(4): 48-67. In this article we read Mike Nicol’s The Ibis Tapestry (1998) as an intertextual novel that brings a postmodern inflection to its interrogation of the principles and practices of the South African Truth and Reconciliation...
Read More
South African mandatory minimum sentencing: Reform required.
by Roth, Sandra M.
June 4, 2015
Source: (2008) Minnesota Journal of International Law. 17(1): 155-182. In 1997, the South African Parliament enacted Section 51 of Criminal Law Amendment Act 105 of 1997 (“the Act”) in an effort to remedy increasing crime rates, increase public satisfaction with the criminal...
Read More
Knowledge, experience, and South Africa’s scenarios of forgiveness.
by Castillejo-Cuéllar, Alejandro
June 4, 2015
Source: (2007) Radical History Review. 97(1): 11-42. In the early hours of Monday, March 3, 1986, seven young activists from Old Crossroads and Gugulethu Townships in Cape Town were led by askaris into an ambush where members of South Africa’s security branch and covert operations...
Read More