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Author: John Braithwaite
Publisher:
ISBN: 9781876861063
Category : Criminal justice, Administration of
Languages : en
Pages : 336
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Book Description
Restorative justice has become an important new way of thinking about crime, responsive regulation an influential way of thinking about business regulation. In this volume, John Braithwaite brings together his important work on restorative justice with his work on business regulation to form a sweepingly novel picture of the way society regulates itself. Braithwaite, internationally renowned for his work on restorative justice, has argued that restoring victims, offenders, and communities is more effective than punitive practices for deterring, incapacitating, and rehabilitating offenders. In this fascinating book, he reconceives responsive regulation as an approach to regulating any phenomenon. Offering an original and incisive argument, he establishes the relevance of the business regulation literature on responsive regulation to the problem of crime and the relevance of the restorative justice literature on crime not only to business regulation but also to many of our biggest social and economic problems. These include the problems of war and peace, education, poverty, and sustainable development. Braithwaite's theories offer radically different ways of thinking about policies to confront these problems. They also propose a complete transformation of the legal system - from tort to tax - in accordance with the principles of restorative justice and responsive regulation. Braithwaite summarises a great deal of research evidence - from criminal justice in the case of restorative practices, from business in the case of responsive regulation - on how and why restorative justice and responsive regulation works in healing our biggest social problems. This book offers compelling arguments for a problem-solving approach to social ills, and challenges us to develop a legal system that works more efficiently and fairly with a morally decent approach to social problems of all stripes.
Author: John Braithwaite
Publisher:
ISBN: 9781876861063
Category : Criminal justice, Administration of
Languages : en
Pages : 336
Get Book Here
Book Description
Restorative justice has become an important new way of thinking about crime, responsive regulation an influential way of thinking about business regulation. In this volume, John Braithwaite brings together his important work on restorative justice with his work on business regulation to form a sweepingly novel picture of the way society regulates itself. Braithwaite, internationally renowned for his work on restorative justice, has argued that restoring victims, offenders, and communities is more effective than punitive practices for deterring, incapacitating, and rehabilitating offenders. In this fascinating book, he reconceives responsive regulation as an approach to regulating any phenomenon. Offering an original and incisive argument, he establishes the relevance of the business regulation literature on responsive regulation to the problem of crime and the relevance of the restorative justice literature on crime not only to business regulation but also to many of our biggest social and economic problems. These include the problems of war and peace, education, poverty, and sustainable development. Braithwaite's theories offer radically different ways of thinking about policies to confront these problems. They also propose a complete transformation of the legal system - from tort to tax - in accordance with the principles of restorative justice and responsive regulation. Braithwaite summarises a great deal of research evidence - from criminal justice in the case of restorative practices, from business in the case of responsive regulation - on how and why restorative justice and responsive regulation works in healing our biggest social problems. This book offers compelling arguments for a problem-solving approach to social ills, and challenges us to develop a legal system that works more efficiently and fairly with a morally decent approach to social problems of all stripes.
Author: John Braithwaite
Publisher: Oxford University Press, USA
ISBN: 0195158393
Category : Business & Economics
Languages : en
Pages : 334
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Book Description
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.
Author: Ian Ayres
Publisher: Oxford University Press
ISBN: 0199879958
Category : Law
Languages : en
Pages : 216
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Book Description
This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
Author: Gale Burford
Publisher: Routledge
ISBN: 0429676905
Category : Social Science
Languages : en
Pages : 260
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Book Description
In Restorative and Responsive Human Services, Gale Burford, John Braithwaite, and Valerie Braithwaite bring together a distinguished collection providing rich lessons on how regulation in human services can proceed in empowering ways that heal and are respectful of human relationships and legal obligations. The human services are in trouble: combining restorative justice with responsive regulation might redeem them, renewing their well-intended principles. Families provide glue that connects complex systems. What are the challenges in scaling up relational practices that put families and primary groups at the core of health, education, and other social services? This collection has a distinctive focus on the relational complexity of restorative practices. How do they enable more responsive ways of grappling with complexity than hierarchical and prescriptive human services? Lessons from responsive business regulation inform a re-imagining of the human services to advance wellbeing and reduce domination. Readers are challenged to re-examine the perverse incentives and contradictions buried in policies and practices. How do they undermine the capacities of families and communities to solve problems on their own terms? This book will interest those who harbor concerns about the creep of domination into the lives of vulnerable citizens. It will help policymakers and researchers to re-focus human services to fundamental outcomes at the foundation of sustainable democracies.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Restorative Justice and Responsive Regulation Restorative Justice and Responsive Regulation are policy ideas that have spread widely in the 21st century. They are about the notion that because crime hurts, justice should heal. Because injustice causes great pain, it is more important to fix it than punish it. That said, these policies leave a strategically important place for deterrence in crime control, the control of school bullying, business regulation and peacemaking in international affairs. In this film, John Braithwaite explains how we can make wise choices about whether to punish or persuade. Whether the challenge is to regulate climate change, crime, or war-making, responsive regulation helps us organise a mix of regulatory strategies to tackle the problem. Because most regulatory strategies fail most of the time, we must learn to fail fast, learn, and adjust to a different regulatory strategy. Because people need to learn to work together again after terrible tragedy or wrong-doing, acknowledging shame, repairing the harm and restoring relationships are also critical. John Braithwaite John Braithwaite is a Distinguished Professor at the Australian National University. He is a criminologist and scholar of peace-building and business regulation. He is best known for his work on restorative justice and responsive regulation. Professor Braithwaite was an inaugural Federation Fellow in Australia and won a second Fellowship from 2007. His work has also won many prizes from US and European scholarly societies, including the Grawemeyer Award for Ideas Improving World Order for his work with Peter Drahos on business regulation, the Sutherland Award of the American Society of Criminology, the Prix Emile Durkheim of the International Society of Criminology, the Kalven Prize of the Law and Society Association, the first Stockholm Prize in Criminology, the Future Justice Prize and an honourary doctorate from Leuven University in Belgium. Braithwaite founded the Regulatory Institutions Network at the Australian National University. He was an author of the "Braithwaite Report", Raising the Standard: Resident Centred Nursing Home Regulation in Australia, in 1993. His nursing home work was central to his 1992 Oxford University Press book, Responsive Regulation, with Yale Law Professor Ian Ayres. His restorative justice ideas are best captured in his 1989 book Crime, Shame and Reintegration and his 2002 work Restorative Justice and Responsive Regulation. From 1983 ...
Author: Brenda Morrison
Publisher: Federation Press
ISBN: 9781862874770
Category : Education
Languages : en
Pages : 276
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Book Description
Restoring Safe School Communities: a whole school response to bullying,violence and alienation introduces a whole school approach to addressing the problems of bullying and violence in schools. Author Brenda Morrison proposes a continuum of responsive and restorative practices for building safe school communities. The first, most proactive, level of practices aims to develop all students' social and emotional competencies, to enable students to resolve their differences in caring and respectful ways. The second level of practices widens the circle of care around the participants. Typically this level of response occurs when the problem has become more protracted or has involved (and affected) a larger number of people, and involves other members of the school community stepping in to assist in the resolution of the conflict or concern. The third and final level of practices involves the participation of an even wider cross-section of the school community, including parents, guardians, social workers, and others who have been affected. This tertiary level of intervention is normally only used for serious incidents within the school. Morrison explains the thinking behind the suggested responses and shows how they can be implemented by practices such as a responsible citizen program and restorative justice circles and conferences.
Author: Peter Drahos
Publisher: ANU Press
ISBN: 1760461024
Category : Law
Languages : en
Pages : 820
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Book Description
This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
Author: Heather Strang
Publisher: Cambridge University Press
ISBN: 9780521521659
Category : Family & Relationships
Languages : en
Pages : 304
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Book Description
This 2002 book addresses one of the most controversial topics in restorative justice: its potential for dealing with conflicts within families. Most restorative justice programs specifically exclude family violence as an appropriate offence to be dealt with this way. This book focuses on the issues in family violence that may warrant special caution about restorative justice, in particular, feminist and indigenous concerns. At the same time it looks for ways of designing a place for restorative interventions that respond to these concerns. Further, it asks whether there are ways that restorative processes can contribute to reducing and preventing family violence, to healing its survivors and to confronting the wellsprings of this violence. The book discusses the shortcomings of the present criminal justice response to family violence. It suggests that these shortcomings require us to explore other ways of addressing this apparently intractable problem.
Author: Yvon Dandurand
Publisher: United Nations Publications
ISBN: 9789211337549
Category : Law
Languages : en
Pages : 0
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Book Description
The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
Author: Elmar G. M. Weitekamp
Publisher: Routledge
ISBN: 1135999236
Category : Law
Languages : en
Pages : 367
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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 burgeoning field of restorative justice, and they provide a comprehensive review of developing international practice and directions, and the context in which restorative justice practices are developing. Restorative Justice in Context moves beyond a focus on restorative justice for juveniles to a broader concern with the application of restorative justice in such areas as corporate crime, family violence and the application of restorative justice in cases of extreme violent crimes. The contexts examined are drawn from Europe, North America, Australasia and Japan. leading world authorities analyse international case studies reflecting the growth of restorative justice worldwiderapidly expanding area of interest
