Restorative Processes & Doing Justice

10 Pages Posted: 15 Feb 2007

See all articles by Paul H. Robinson

Paul H. Robinson

University of Pennsylvania Carey Law School

Abstract

This essay argues that, while many restorative processes are quite valuable, there is the potential for their use to produce results that conflict with the community's shared intuitions of justice and to thereby undermine the criminal law's moral credibility. Because such moral credibility can have practical crime-control value, it ought not be undermined unless the crime-control benefits of doing so clearly outweigh the costs. In practice, it is entirely possible to rely upon restorative processes in ways that avoid injustice and that assure justice is done.

Keywords: shared intuitions of justice, crime control

JEL Classification: K14

Suggested Citation

Robinson, Paul H., Restorative Processes & Doing Justice. University of St. Thomas Law Journal, Vol. 3, No. 3, p. 421, 2006, U of Penn Law School, Public Law Working Paper No. 07-07, Available at SSRN: https://ssrn.com/abstract=963467

Paul H. Robinson (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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