Restorative Justice and Bullying: A Missing Solution in the Anti-Bullying Laws
New England Journal on Criminal & Civil Confinement, Vol. 37, p. 701, 2011
University of Louisville School of Law Legal Studies Research Paper Series No. 2011-09
33 Pages Posted: 8 Jun 2011 Last revised: 21 Sep 2011
Date Written: June 6, 2011
Abstract
This article proposes anti-bullying statutes to include restorative practices. Part II of this Article reviews the status of anti-bullying statutes and their lack of restorative justice language. Part III defines restorative justice and describes the key values and components of the restorative justice practices. Part IV makes the case for why restorative justice practices are particularly suited to address the harm created by school bullying. Although preventative educational programs are also needed, this Article only addresses effective intervention programs after a bullying incident occurs. Finally, Part V briefly discusses likely objections to using the restorative justice approach and possible responses to these objections.
Keywords: bullying, restorative justice, anti-bullying laws, repairing harm
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