Risk and Restorative Justice: Governing Through the Democratic Minimisation of Harms

THE INSTITUTIONALISATION OF RESTORATIVE JUSTICE, pp. 216-236, I. Aertson, et. al., eds., Wilan, 2006

Sydney Law School Research Paper No. 09/88

34 Pages Posted: 16 Sep 2009  

Pat O'Malley

The University of Sydney Law School

Date Written: September 14, 2009

Abstract

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.

Keywords: restorative justice, participation, risk, security, democracy, community

JEL Classification: K10, K14, K30

Suggested Citation

O'Malley, Pat, Risk and Restorative Justice: Governing Through the Democratic Minimisation of Harms (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. Available at SSRN: https://ssrn.com/abstract=1473583

Pat O'Malley (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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