Debating Restorative Justice

Posted: 4 Jan 2013

See all articles by Chris Cunneen

Chris Cunneen

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney; University of New South Wales, School of Social Sciences; James Cook University - Cairns Campus

Carolyn Hoyle

University of Oxford - Centre for Criminological Research

Date Written: 2010

Abstract

In Debating Restorative Justice, the first volume of the series 'Debating Law', author Carolyn Hoyle argues that communities and the state should be more restorative in responding to harms caused by crimes, anti-social behavior, and other incivilities. She supports the exclusive use of restorative justice for many non-serious offenses, and she favors approaches that, by integrating restorative and retributive philosophies, take restorative practices into the 'deep end' of criminal justice. While acknowledging that restorative justice appears to have much to offer in terms of criminal justice reform, author Chris Cunneen offers a different account, contending that the theoretical cogency of restorative ideas is limited by their lack of a coherent analysis of social and political power. He goes on to argue that after several decades of experimentation, restorative justice has not produced significant change in the criminal justice system, and that the attempt to establish it as a feasible alternative to dominant practices of criminal justice has failed.

Keywords: restorative justice, criminal justice reform, restorative and retributive philosophies, analysis, debate

Suggested Citation

Cunneen, Chris and Hoyle, Carolyn, Debating Restorative Justice (2010). Available at SSRN: https://ssrn.com/abstract=2195867

Chris Cunneen (Contact Author)

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney ( email )

15 Broadway, Ultimo
PO Box 123
Sydney, NSW 2007
Australia

University of New South Wales, School of Social Sciences ( email )

Kensington, New South Wales 2052
Australia

James Cook University - Cairns Campus ( email )

PO Box 6811
Cairns, Queensland 4870
Australia

Carolyn Hoyle

University of Oxford - Centre for Criminological Research ( email )

12 Bevington Road
Oxford, Oxfordshire OX2 6LH
United Kingdom

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