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

See all articles by Susan Duncan

Susan Duncan

University of Louisville - Louis D. Brandeis School of Law

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

Suggested Citation

Duncan, Susan, Restorative Justice and Bullying: A Missing Solution in the Anti-Bullying Laws (June 6, 2011). 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. Available at SSRN: https://ssrn.com/abstract=1858990

Susan Duncan (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States
502-852-6373 (Phone)
502-852-0862 (Fax)

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