Abstract

http://ssrn.com/abstract=661123
 
 

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The Virtues of Restorative Processes, the Vices of Restorative Justice


Paul H. Robinson


University of Pennsylvania Law School

2003

Utah Law Review, pp. 375-388, 2003

Abstract:     
This conference and symposium are important for their ability to make better known the great benefits in the use of restorative processes. Below I try to summarize some of the many promising achievements of those processes, by which I mean to include such practices as victim-offender mediation, sentencing circles, and family group conferences to name just the most common. While many people refer to such processes by the name Restorative Justice, that term and its originators in fact have a more ambitious agenda than simply encouraging the use of such restorative processes. But that agenda is not one that the front-line practitioners of restorative processes necessarily share. It is primarily an anti-justice agenda, which prompts impassioned opposition to restorative processes. In this brief essay I try to explain why this is so and why it need not be so. I'll argue that restorative processes can and should be used more widely in ways entirely consistent with doing justice, and that the best thing for the restorative processes movement would be to publicly disavow the anti-justice agenda of the Restorative Justice movement.

Number of Pages in PDF File: 14

Keywords: restorative justice, vicim offender mediation, criminal law, punishment

JEL Classification: K14


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Date posted: February 4, 2005 ; Last revised: October 16, 2012

Suggested Citation

Robinson, Paul H., The Virtues of Restorative Processes, the Vices of Restorative Justice (2003). Utah Law Review, pp. 375-388, 2003. Available at SSRN: http://ssrn.com/abstract=661123

Contact Information

Paul H. Robinson (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
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