Restoring Harm

To what extent is restorative justice able to ‘restore’ the harm suffered by victims of crimes of interpersonal violence? Restorative justice is an innovative, participatory and inclusive reaction to crime that permits victims and offenders to engage in a communication process about the consequences of the offence. It looks to the future, actively involving parties to find, agree and implement ways to repair the harm. Restoring Harm analyses the restoration process from a psychosocial point of view and discusses the role of victim–offender mediation within such a process. It brings together literature from the fields of restorative justice, victimology and psychology, and shares original findings from victims who were interviewed in Belgium and Spain. This book not only offers descriptive findings but also provides a theoretical and comprehensive model that elucidates several possibilities for why victim–offender mediation may or may not play a role in victims’ processes of emotional restoration. Well informed and well documented, this volume brings together evidence from different regions and develops a detailed discussion of the ‘effectiveness’ of restorative justice with regard to victims. Providing new and solid evidence thanks to a quasi-experimental methodological design, theory and practice come together to offer relevant reflections for researchers and practitioners who are concerned about the victim’s position within victim–offender mediation and desire to develop a victim-sensitive restorative justice practice.

To what extent is restorative justice able to 'restore' the harm suffered by victims of crimes of interpersonal violence? Restorative justice is an innovative, participatory and inclusive reaction to crime that permits victims and offenders to engage in a communication process about the consequences of the offence. It looks to the future, actively involving parties to find, agree and implement ways to repair the harm. Restoring Harm analyses the restoration process from a psychosocial point of view and discusses the role of victim-offender mediation within such a process. It brings together literature from the fields of restorative justice, victimology and psychology, and shares original findings from victims who were interviewed in Belgium and Spain. This book not only offers descriptive findings but also provides a theoretical and comprehensive model that elucidates several possibilities for why victim-offender mediation may or may not play a role in victims' processes of emotional restoration. Well informed and well documented, this volume brings together evidence from different regions and develops a detailed discussion of the 'effectiveness' of restorative justice with regard to victims. Providing new and solid evidence thanks to a quasi-experimental methodological design, theory and practice come together to offer relevant reflections for researchers and practitioners who are concerned about the victim's position within victim-offender mediation and desire to develop a victim-sensitive restorative justice practice.

Drawing on original research, this book examines the victim restoration process from a psycho-social perspective. It offers an integrative, comprehensive and in-depth analysis of victims' experiences of restorative justice.

Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities

A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.

This handbook explores the dynamic new field of Environmental Restorative Justice. Authors from diverse disciplines discuss how principles and practices of restorative justice can be used to address the threats and harms facing the environment today. The book covers a wide variety of subjects, from theoretical discussions about how to incorporate the voice of future generations, nature, and more-than-human animals and plants in processes of justice and repair, through to detailed descriptions of actual practices of Environmental Restorative Justice. The case studies explored in the volume are situated in a wide range of countries and in the context of varied forms of environmental harm – from small local pollution incidents, to endemic ongoing issues such as wildlife poaching, to cataclysmic environmental catastrophes resulting in cascades of harm to entire ecosystems. Throughout, it reveals how the relational and caring character of a restorative ethos can be conducive to finding solutions to problems through sharing stories, listening, healing, and holding people and organisations accountable for prevention and repairing of harm. It speaks to scholars in Criminology, Sociology, Law, and Environmental Justice and to practitioners, policy-makers, think-tanks and activists interested in the environment.

This book examines changes that are likely to impact adolescents' lives and their futures as adults.

How as a society can we find ways of ensuring the people who are the most vulnerable or have little voice can avail themselves of the protection in law to improve their social, cultural, health and economic outcomes as befits civilised society? Better Law for a Better World answers this question by looking at innovative practices and developments emerging within law practice and education and shares the skills and techniques that could lead to confidence in the law and its ability to respond. Using recent research from Australia, practice initiatives and information, the book breaks down ways for law students, legal educators and law practitioners (including judicial officers, law administrators, legislators and policy makers) to enhance access to justice and improve outcomes through new approaches to lawyering. These can include: Multi-Disciplinary Practice (including health justice partnerships); integrated justice practice; restorative practice; empowerment modes (community & professional development and policy skills); client-centred approaches and collaborative interdisciplinary practice informed by practical experience. The book contains critical information on what such practice might look like and the elements that will be required in the development of the essential skills and criteria for such practice. It seeks to open up a dialogue about how we can make the law better. This includes making the community more central to the operation of the law and improving client-centred practice so that the Rule of Law can deliver on its claims to serve, protect and ensure equality before the law. It explores practical ways that emerging lawyers can be trained differently to ensure improved communication, collaboration, problem solving, partnership and interpersonal skills. The book explores the challenges of such work. It also gives suggestions on how to reduce professional barriers and variations in practice to effectively, humanely and efficiently make a difference in people’s lives. The book builds essential skills and new approaches to lawyering for law students, legal educators, new lawyers and seasoned lawyers, judicial members and law administrators to equip them to better respond to community need. It looks at the law in context by also exploring the role of the law in improving the social determinants of health and socially just outcomes.