Risk and Restorative Justice: Governing Through the Democratic Minimisation of Harms
University of Sydney - Faculty of Law
September 14, 2009
THE INSTITUTIONALISATION OF RESTORATIVE JUSTICE, pp. 216-236, I. Aertson, et. al., eds., Wilan, 2006
Sydney Law School Research Paper No. 09/88
Restorative justice holds much promise both as a technique of providing security, and also as a way in which the practices and politics of risk may be democratized. Through its emphasis on popular participation, and its limitation of expert involvement, democratic potentials are promoted actively. However, elimination of expertise presents certain dangers, including cutting off key sources of innovation and information. As well, expertise can provide limits on any tendencies toward vigilantism, exclusion and despotism that are potential characteristics of restorative justice. This paper explores promising institutions in risk-based justice, such as drug harm minimization, and examines how far promising new lines of justice may be developed by hybridizing key elements of such approaches with models taken from restorative justice.
Number of Pages in PDF File: 34
Keywords: restorative justice, participation, risk, security, democracy, community
JEL Classification: K10, K14, K30
Date posted: September 16, 2009
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