Restorative Justice: A Conceptual Framework

Prepared for the Law Commission of Canada, 1999

112 Pages Posted: 21 Jul 2012

See all articles by Jennifer Llewellyn

Jennifer Llewellyn

Schulich School of Law, Dalhousie University

Robert L. Howse

New York University School of Law

Date Written: 1999

Abstract

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, we have been content simply to identify what restorative justice is not - namely two lawyers, a jury and/or judge in a courtroom.

Keywords: restorative justice, framework, rights protection, restoration, social protection

Suggested Citation

Llewellyn, Jennifer and Howse, Robert, Restorative Justice: A Conceptual Framework (1999). Prepared for the Law Commission of Canada, 1999. Available at SSRN: https://ssrn.com/abstract=2114291

Jennifer Llewellyn (Contact Author)

Schulich School of Law, Dalhousie University ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada
902-494-1013 (Phone)

Robert Howse

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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