Domestic Violence and Women's Safety: Feminist Challenges to Restorative Justice

RESTORATIVE JUSTICE AND FAMILY VIOLENCE, H. Strang, J. Braithwaite, eds., pp. 42-61, Cambridge University Press, 2002

Sydney Law School Research Paper No. 08/16

26 Pages Posted: 17 Jan 2008  

Julie Stubbs

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

Abstract

This chapter deals with domestic violence rather than other possible forms of family violence. It also proceeds from the position that domestic violence is different in many ways from other forms of crime. It takes as fundamental the need to provide safety to those who experience domestic violence, most commonly women and their children. An appeal to victim safety need not imply a punitive or exclusionary logic (see the debate between Scheingold, Olson and Pershing, Braithwaite and Pettit, and Daly in Law and Society Review, 1994). Restorative justice has made strong claims about providing better outcomes for victims than conventional criminal justice system practices and these claims are analysed with reference to empirical data concerning domestic violence. The chapter also examines the extent to which restorative justice practices mobilise resources for the protection of women and children - this is especially crucial at a time when resources are being withdrawn from the formal legal system and from the community.

Keywords: Restorative justice, domestic violence, theory, victims, race, gender, Indigenous women, community

JEL Classification: K10, K14, K42

Suggested Citation

Stubbs, Julie, Domestic Violence and Women's Safety: Feminist Challenges to Restorative Justice. RESTORATIVE JUSTICE AND FAMILY VIOLENCE, H. Strang, J. Braithwaite, eds., pp. 42-61, Cambridge University Press, 2002; Sydney Law School Research Paper No. 08/16. Available at SSRN: https://ssrn.com/abstract=1084680

Julie Stubbs (Contact Author)

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

Sydney, NSW 2052
Australia

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