Healthy Skepticism Library item: 1196

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: book

Braithwaite J.
Restorative Justice and Responsive Regulation
Oxford: Oxford University Press 2002
http://www.oup.co.uk/isbn/0-19-515839-3

Abstract:

Description
Provides analyses to the growing restorative justice movement
Looks at restorative justice within a broad multi-cultural context

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.

Readership: Legal theorists, criminologists, business and economic scholars.

Authors, editors, and contributors

John Braithwaite, Professor of Law, Australian National University in Canberra