The Restorative Justice Wager: The Promise and Hope of a Value-Based, Dialogue-Driven Approach to Conflict Resolution for Social Healing

Cardozo Journal of Conflict Resolution, Vol. 8, p. 565, 2006-2007

43 Pages Posted: 2 Apr 2013  

Howard J. Vogel

Hamline University - School of Law

Date Written: January 1, 2006

Abstract

This article speaks of restorative justice dialogue as a “wager,” asserting its truth as a matter of reason and experience while acknowledging the limits of both reason and experience, as well as embracing an openness to its amendment as future thought and experience might dictate. In this article, the author explores the deep assumptions and commitments associated with the restorative justice wager in order to describe the important contribution that restorative justice has to offer to conventional forms of conflict resolution. The author argues that the restorative dialogue practice of talking circles strikingly embodies the restorative justice wager and invites us to construct a relational theory of restorative justice by taking the principle of internal relations of Process Thought seriously as a way to do so. The author breaks this discussion apart in three sections including the following: (1) the definition in a criminal context, (2) peacemaking circles, and (3) the theory of restorative justice.

Keywords: Restorative justice, wager, restoration, conflict resolution, peacemaking circles

JEL Classification: J52, K14, K00

Suggested Citation

Vogel, Howard J., The Restorative Justice Wager: The Promise and Hope of a Value-Based, Dialogue-Driven Approach to Conflict Resolution for Social Healing (January 1, 2006). Cardozo Journal of Conflict Resolution, Vol. 8, p. 565, 2006-2007. Available at SSRN: https://ssrn.com/abstract=1940026

Howard J. Vogel (Contact Author)

Hamline University - School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

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