Decolonising Restorative Justice

Decolonising Restorative Justice PDF Author: Leanne Alexis Levers
Publisher: Taylor & Francis
ISBN: 1000936279
Category : Law
Languages : en
Pages : 153

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Book Description
This book critically examines the colonial dimensions of restorative justice through the lens of justice policy reform in Jamaica. Restorative justice is not new. Practices of restitution can be found throughout history, predominantly in non-Western traditions and religions. One of the key principles of restorative practices is contextualisation. That is, restorative practices are developed and embedded within the political, economic, and cultural context of the communities in which they are practised. Many of the countries that have gone on to develop restorative justice as part of their formal justice system have developed their policy on the model of their indigenous communities – for example, in Canada and in New Zealand. However, with the globalisation of restorative practices within the past decade, many countries have sought to ‘colonise’ restorative justice, by developing a standardised, best-practice approach. Instead of a practice that is developed and formed by its community, colonised restorative justice dictates that one size fits all. Examined through the lens of the development and implementation of restorative justice policies in Jamaica, this book argues that this Westernised approach diminishes the effectiveness of restorative justice in its capacity: to address the victim’s needs; to hold the offender accountable in a way that reintegrates them into society; and to empower the community by involving them in the provision of justice to victims. Restorative justice, then, must be decolonised –and local, indigenous practices acknowledged –if it is to achieve its aims. This book will be of interest to a range of scholars with interests in decolonisation, as well as alternative dispute resolution, especially those in sociolegal studies, criminology, human rights, social policy, political science, and Caribbean studies.

Decolonising Restorative Justice

Decolonising Restorative Justice PDF Author: Leanne Alexis Levers
Publisher: Taylor & Francis
ISBN: 1000936279
Category : Law
Languages : en
Pages : 153

Get Book Here

Book Description
This book critically examines the colonial dimensions of restorative justice through the lens of justice policy reform in Jamaica. Restorative justice is not new. Practices of restitution can be found throughout history, predominantly in non-Western traditions and religions. One of the key principles of restorative practices is contextualisation. That is, restorative practices are developed and embedded within the political, economic, and cultural context of the communities in which they are practised. Many of the countries that have gone on to develop restorative justice as part of their formal justice system have developed their policy on the model of their indigenous communities – for example, in Canada and in New Zealand. However, with the globalisation of restorative practices within the past decade, many countries have sought to ‘colonise’ restorative justice, by developing a standardised, best-practice approach. Instead of a practice that is developed and formed by its community, colonised restorative justice dictates that one size fits all. Examined through the lens of the development and implementation of restorative justice policies in Jamaica, this book argues that this Westernised approach diminishes the effectiveness of restorative justice in its capacity: to address the victim’s needs; to hold the offender accountable in a way that reintegrates them into society; and to empower the community by involving them in the provision of justice to victims. Restorative justice, then, must be decolonised –and local, indigenous practices acknowledged –if it is to achieve its aims. This book will be of interest to a range of scholars with interests in decolonisation, as well as alternative dispute resolution, especially those in sociolegal studies, criminology, human rights, social policy, political science, and Caribbean studies.

Decolonising Restorative Justice

Decolonising Restorative Justice PDF Author: Leanne Alexis Levers
Publisher:
ISBN: 9781032371115
Category : Decolonization
Languages : en
Pages : 0

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Book Description
"This book critically examines the colonial dimensions of restorative justice through the lens of justice policy reform in Jamaica. Restorative justice is not new. Practices of restitution can be found throughout history, predominantly in non-western traditions and religions. One of the key principles of restorative practices is that of contextualisation. That is, restorative practices are developed and embedded within the political, economic, and cultural context of the communities in which they are practiced. Many of the countries that have gone on to develop restorative justice as part of their formal justice system have developed their policy on the model of their indigenous communities - for example, in Canada and in New Zealand. However, with the globalisation of restorative practices within the past decade, many countries have sought to 'colonize' restorative justice, by developing a standardized, best practice approach. Instead of a practice that is developed and formed by its community, colonized restorative justice dictates that one-size-fits all. Examined through the lens of the development and implementation of restorative justice policies in Jamaica, this book argues that this westernised approach diminishes the effectiveness of restorative justice in its capacity: to address the victim's needs; to hold the offender accountable in a way that reintegrates them into society; and to empower the community by involving them in the provision of justice to victims. Restorative justice, then, must be decolonized - and local, indigenous, practices acknowledged - if it is to achieve its aims. This book will be of interest to a range of scholars with interests in decolonization, as well as alternative dispute resolution; and especially those in sociolegal studies, criminology, human rights, social policy, political science, and Caribbean studies"--

The Routledge International Handbook on Decolonizing Justice

The Routledge International Handbook on Decolonizing Justice PDF Author: Chris Cunneen
Publisher: Taylor & Francis
ISBN: 1000904040
Category : Political Science
Languages : en
Pages : 723

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Book Description
The Routledge International Handbook on Decolonizing Justice focuses on the growing worldwide movement aimed at decolonizing state policies and practices, and various disciplinary knowledges including criminology, social work and law. The collection of original chapters brings together cutting-edge, politically engaged work from a diverse group of writers who take as a starting point an analysis founded in a decolonizing, decolonial and/or Indigenous standpoint. Centering the perspectives of Black, First Nations and other racialized and minoritized peoples, the book makes an internationally significant contribution to the literature. The chapters include analyses of specific decolonization policies and interventions instigated by communities to enhance jurisdictional self-determination; theoretical approaches to decolonization; the importance of research and research ethics as a key foundation of the decolonization process; crucial contemporary issues including deaths in custody, state crime, reparations, and transitional justice; and critical analysis of key institutions of control, including police, courts, corrections, child protection systems and other forms of carcerality. The handbook is divided into five sections which reflect the breadth of the decolonizing literature: • Why decolonization? From the personal to the global • State terror and violence • Abolishing the carceral • Transforming and decolonizing justice • Disrupting epistemic violence This book offers a comprehensive and timely resource for activists, students, academics, and those with an interest in Indigenous studies, decolonial and post-colonial studies, criminal legal institutions and criminology. It provides critical commentary and analyses of the major issues for enhancing social justice internationally. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Decolonising Criminology

Decolonising Criminology PDF Author: Harry Blagg
Publisher: Springer Nature
ISBN: 1137532475
Category : Social Science
Languages : en
Pages : 413

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Book Description
This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies. Through its historical and political analysis and place-based case studies, it challenges criminological inquiry by installing colonial structures of power at the centre of the contemporary criminological debate. This work unseats the Western nation-state as the singular point of departure for comparative criminological and socio-legal research. Decolonising Criminology argues that postcolonial and postdisciplinary critique can open up new pathways for criminological investigation. It builds on recent debates in criminology from outside of the Anglosphere. The authors deploy a number of heuristic devices, perspectives and theories generally ignored by criminologists of the Global North and engage perspectives concerned with articulating new decolonised epistemologies of the Global South. This book disputes the view that colonisation is a thing of the past and provides lessons for the Global North.

Restorative Justice: Theoretical foundations

Restorative Justice: Theoretical foundations PDF Author: Elmar G. M. Weitekamp
Publisher: Routledge
ISBN: 1135999589
Category : Social Science
Languages : en
Pages : 374

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Book Description
This book brings together a selection of papers originally presented and discussed at the fourth international restorative justice conference, held at the University of Tübingen. The contributors include many of the leading authorities in the field of restorative justice, and they provide a comprehensive review of the theoretical foundations underlying this rapidly expanding movement. Restorative Justice: Theoretical foundations addresses a wide range of fundamental questions about restorative justice,considering amongst other things ways in which conceptual pitfalls can be avoided, and how traditional models of peacemaking and healing developed in traditional societies can be integrated into the justice systems of late modern societies. Overall it provides an authoritative overview of contemporary thinking about restorative justice and will be essential reading for anybody concerned with the future direction of criminal justice and criminal justice systems. leading world authorities address the theoretical foundations of restorative justicea rapidly expanding area within criminal justiceincludes chapters on restorative justice as applied to corporate crime, family violence and cases of extreme violence

Decolonizing Law

Decolonizing Law PDF Author: Sujith Xavier
Publisher: Routledge
ISBN: 100039655X
Category : Law
Languages : en
Pages : 271

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Book Description
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Restorative Justice

Restorative Justice PDF Author: Declan Roche
Publisher: Routledge
ISBN: 1351150103
Category : Law
Languages : en
Pages : 544

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Book Description
The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.

Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women

Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women PDF Author: Lily George
Publisher: Springer Nature
ISBN: 3030445674
Category : Social Science
Languages : en
Pages : 290

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Book Description
This book closes a gap in decolonizing intersectional and comparative research by addressing issues around the mass incarceration of Indigenous women in the US, Australia, Canada, and Aotearoa New Zealand. This edited collection seeks to add to the criminological discourse by increasing public awareness of the social problem of disproportionate incarceration rates. It illuminates how settler-colonial societies continue to deny many Indigenous peoples the life relatively free from state interference which most citizens enjoy. The authors explore how White-settler supremacy is exercised and preserved through neo-colonial institutions, policies and laws leading to failures in social and criminal justice reform and the impact of women’s incarceration on their children, partners, families, and communities. It also explores the tools of activism and resistance that Indigenous peoples use to resist neo-colonial marginalisation tactics to decolonise their lives and communities. With most contributors embedded in their indigenous communities, this collection is written from academic as well as community and experiential perspectives. It will be a comprehensive resource for academics and students of criminology, sociology, Indigenous studies, women and gender studies and related academic disciplines, as well as non-academic audiences: offering new knowledge and insider insights both nationally and internationally.

Decolonising Justice for Aboriginal youth with Fetal Alcohol Spectrum Disorders

Decolonising Justice for Aboriginal youth with Fetal Alcohol Spectrum Disorders PDF Author: Harry Blagg
Publisher: Routledge
ISBN: 1000300676
Category : Law
Languages : en
Pages : 188

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Book Description
This book reflects multidisciplinary and cross-jurisdictional analysis of issues surrounding Fetal Alcohol Spectrum Disorders (FASD) and the criminal justice system, and the impact on Aboriginal children, young people, and their families. This book provides the first comprehensive and multidisciplinary account of FASD and its implications for the criminal justice system – from prevalence and diagnosis to sentencing and culturally secure training for custodial officers. Situated within a ‘decolonising’ approach, the authors explore the potential for increased diversion into Aboriginal community-managed, on-country programmes, enabled through innovation at the point of first contact with the police, and non-adversarial, needs-focussed courts. Bringing together advanced thinking in criminology, Aboriginal justice issues, law, paediatrics, social work, and Indigenous mental health and well-being, the book is grounded in research undertaken in Australia, Canada, and New Zealand. The authors argue for the radical recalibration of both theory and practice around diversion, intervention, and the role of courts to significantly lower rates of incarceration; that Aboriginal communities and families are best placed to construct the social and cultural scaffolding around vulnerable youth that could prevent damaging contact with the mainstream justice system; and that early diagnosis and assessment of FASD may make a crucial difference to the life chances of Aboriginal youth and their families. Exploring how, far from providing solutions to FASD, the mainstream criminal justice system increases the likelihood of adverse outcomes for children with FASD and their families, this innovative book will be of great value to researchers and students worldwide interested in criminal and social justice, criminology, youth justice, social work, and education.

Restorative Justice in British Columbia, Nova Scotia and Bangladesh

Restorative Justice in British Columbia, Nova Scotia and Bangladesh PDF Author: Muḥammad Asadullāh
Publisher:
ISBN:
Category :
Languages : en
Pages : 265

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Book Description
More than a hundred countries around the world practice some form of restorative justice. Although research of these practices has expanded exponentially, there remain significant gaps in international comparative studies, understanding of community praxis, and perspectives of visionaries and practitioners on the genesis of RJ. This doctoral study bridges these gaps through thirty-eight semi-structured interviews and follow up surveys within the three research sites: British Columbia and Nova Scotia, in Canada, and Bangladesh. The research question addresses both genesis and praxis of RJ across the research sites. The data identifies the key factors that contributed to the genesis of restorative justice at each site. This growth is then situated within the phasic stages of social movements, arguing that restorative justice has not yet reached a 'tipping point' at any of the sites. The findings of this study illustrate the intricate nuances and complexities in the genesis of RJ, and enhances the understanding of community praxis in British Columbia, Nova Scotia and Bangladesh. Whilst similarities in community praxis, such as a circle of care or community as volunteer, exists across the sites, this study finds additional distinct forms of community praxis, such as 'reflective community' in British Columbia and 'learning community' in Nova Scotia. The research contributes to the existing literature in three ways. First, it documents the stories and voices of restorative justice visionaries who played a pivotal role in the early days at the three sites. Second, it identifies and contributes to contemporary debates: the standardization of restorative justice; the application of restorative justice on gender-based violence; and the role of INGOs. Third, it contributes to the theoretical framework of community praxis in restorative justice through a proposed Community Engagement Framework as well as a conceptual framework for decolonization and restorative justice. This study posits that the proposed Decolonizing Framework for RJ would facilitate the evolution of culturally and socially conducive RJ practices in previously colonized countries, like Bangladesh.