Beyond Apology? Domestic Violence and Critical Questions for Restorative Justice

Criminology & Criminal Justice, Vol. 7, No. 2, pp. 169-187, 2007

Sydney Law School Research Paper No. 07/75

20 Pages Posted: 27 Nov 2007

See all articles by Julie Stubbs

Julie Stubbs

University of New South Wales (UNSW, Australia) - Faculty of Law

Abstract

The virtues claimed for restorative justice include its emotional engagement with crime and the opportunities afforded to participants by its discursive character. Yet these issues are rarely explored from a perspective that is attentive to gendered or other asymmetrical forms of social relations. This article explores key issues that remain under-developed in the restorative justice literature from a feminist perspective, taking domestic violence as a focus. Central to this analysis are questions of victims' interests and safety, expectations about the victim's role and the appeal to apology and forgiveness in much of the restorative justice literature. It is argued that the challenge of taking gendered harms seriously may require an approach that differs from common restorative justice practices such as the development of hybrid models that draw from both conventional criminal justice and restorative justice.

Keywords: apology, domestic violence, emotion, feminist analysis, gender relations, restorative justice, victime of crime

JEL Classification: K10, K40

Suggested Citation

Stubbs, Julie, Beyond Apology? Domestic Violence and Critical Questions for Restorative Justice. Criminology & Criminal Justice, Vol. 7, No. 2, pp. 169-187, 2007; Sydney Law School Research Paper No. 07/75. Available at SSRN: https://ssrn.com/abstract=1032482

Julie Stubbs (Contact Author)

University of New South Wales (UNSW, Australia) - Faculty of Law ( email )

Kensington
High St
Sydney, NSW 2052
Australia

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