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Feminist Engagement with Restorative Justice

Theoretical Criminology, Vol. 10, No. 1, pp. 9-28, 2006

Sydney Law School Research Paper No. 06/42

28 Pages Posted: 19 Apr 2005  

Kathleen Daly

Griffith University - School of Criminology and Criminal Justice

Julie Stubbs

University of New South Wales (UNSW, Australia) - Faculty of Law

Abstract

Feminist engagement with the idea of restorative justice (RJ) takes several forms, and this article maps five areas of theory, research, and politics. They are: theories of justice; the role of retribution in criminal justice; studies of gender in RJ processes; the appropriateness of RJ for partner, sexual, or family violence; and the politics of race and gender in making justice claims. There is overlap among the five, and some analysts or arguments may work across them. However, each has a particular set of concerns and a different kind of engagement with the idea of RJ.

The most developed area of feminist scholarship concerns the appropriateness of RJ for partner, sexual, or family violence. It is not surprising that feminist analysts have focused on this area: it is perhaps the most common context in which women come into contact with the justice system, and the significance of gender is readily apparent. It is also an area in which RJ advocates are poorly informed. At the same time, it is important to recognize that there are other domains of feminist engagement with RJ.

Keywords: Restorative justice, gender, race, feminism

JEL Classification: K40, K42, K49, K14

Suggested Citation

Daly, Kathleen and Stubbs, Julie, Feminist Engagement with Restorative Justice. Theoretical Criminology, Vol. 10, No. 1, pp. 9-28, 2006; Sydney Law School Research Paper No. 06/42. Available at SSRN: https://ssrn.com/abstract=699841

Kathleen Daly

Griffith University - School of Criminology and Criminal Justice ( email )

170 Kessels Road
Nathan, QLD 4111 QLD 4111
Australia

Julie Stubbs (Contact Author)

University of New South Wales (UNSW, Australia) - Faculty of Law ( email )

Sydney, NSW 2052
Australia

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