This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the (...) recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

Unquestionably, Restorative Justice (hereafter RJ) has finally gathered some real momentum. It has become a sine qua non topic in many national and international policy and statutory agendas. However, as the restorative practice expands to deal with crimes, ages and situations it has never addressed before (at least in its contemporary version), and as its application starts to make sense not only to national but also to regional and international bodies and fora, new theoretical problems are posed. In the fast-growing (...) literature many theories and Schools have been evoked to support RJ's claims. This paper will take the discussion a step back by looking at questions of meta-theoretical character. In particular, the paper will ask: Does RJ have a place in the “world of theories,” and if it does, then what kind of theory is it, and on what level should it be placed? Second, does RJ theory need a philosophy, and why? Finally, how can restorative practices be morally justified? (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect both the theoretical and (...) practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

The chapter revisits the relationship between restorative justice and punishment through the eyes of Classical Greek philosophy and tragedy, the School of Collectivists, and contemporary thinkers. The extant literature sees restorative justice either as alternative punishment or an alternative to punishment. This chapter puts forward the notion of restorative punishment by deconstructing the concept of pain, and by reconstructing a new vision through the notion of catharsis. The chapter then takes a bold step in proposing a philosophical framework to justify (...) the normative thinking underpinning its proposed concept of restorative punishment and pain. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and policy amendments (...) in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

Restorative justice (RJ) in the secure estate is widespread internationally, although piecemeal and inconsistent in its application. It exists in the form of many practices such as mediation, conferencing, circles, and panels. As the interest in RJ continues to grow, this research takes a step back to ask how reconcilable RJ is with incapacitation. Through a combination of normative thinking, literature review, and primary research that applied qualitative methodologies over a 3-year period, the article examines where the two notions meet (...) in their intentions and expected outcomes. A new classification of restorative practices in prisons is proposed, placed in the context of case studies of existing programs from around the world. (shrink)

Although community cohesion and human rights are currently two of the most discussed political discourses in the UK, their links for policy are underplayed. This article presents the findings of a nine-month research project that included interviews with a selected expert sample, and which aimed to explore whether human rights values and legislation can be used as tools for community cohesion. Available levers within human rights and the 1998 Human Rights Act are identified, and evidence-based policy recommendations are posited. The (...) article aims to start a new and more inclusive dialogue on community cohesion policy. (shrink)

This chapter makes the argument that the origins of restorative justice are to be found in the Aristotelian notion of “επανορθωτικόν δίκαιον” (corrective or rectificatory justice). A linear historical approach to the Aristotelian theory of justice was avoided. Instead, we argue that certain aspects of this school of thought are reflected in contemporary restorative justice discourse. The concepts of ‘fairness’, justice’, ‘equity’, ‘restoration’, ‘punishment’, ‘responsibility’ and ‘polis’ are the common places (κοινοί τόποι) where Aristotle and restorative justice theories meet. These (...) ‘τόποι’ help us reflect on the roots of restorative justice, (re)define its values and help us (re)position RJ within the worlds of theory, research and practice. (shrink)

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. As humanity is getting to grips with socio-economic consequences that can only be compared with those that followed World War II, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. (...) Structured around the four concepts of power - race - justice - restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with twenty-five case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides' new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful book that generates much needed hope. Through a multi-disciplinary dialogue that uses social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally. (shrink)

This groundbreaking book revisits the current model for preventing and controlling violent radicalisation and extremism. It proposes a new, evidence-based model, using restorative justice and positive psychology. Using data collected through six international projects and pilots in several countries from 2017 to 2023, it presents the results of these pilots and recommends best practices that adopt successful and positive models for the prevention and control of extremist and hate attitudes. This book speaks to researchers, policymakers, practitioners, and human rights campaigners (...) from around the world looking for a new approach that can better serve harmed parties, their families, and communities. (shrink)

‘Justice’ is spoken of in two ways: the lawful and the fair. The law is a human construct that is devoted to the advantage of all, or to the advantage of the best, or to the advantage of those in power or to the advantage of those representing it – let it be the politician, the media, the TV presenter, the filmmaker. Thus, the law serves the production or the preservation of happiness within politics and business. The law commands us (...) to act according to the mean. A well-written law follows the mean well and a poorly written law does not. On the other hand, fairness is a principle sometimes materialised through the law and the given justice system. Fairness is the ultimate value pursued by both the common law and civil law traditions. However, its distribution through the law and the representation of this delivery varies. Does this mean that a different kind of justice is distributed? Through the teachings of Aristotle, this essay aims to deconstruct the notion of justice, by breaking down its two ingredients, the lawful and the fair, and by analysing the effect of their representation in modern European society. The relativity attached to the notion of justice is not a modern phenomenon, but a philosophical matter that can be analysed and indeed explained through the teachings of Aristotle and its contemporary students. The analysis will be developed in the context of convergent Europe, focusing on the role of the media and courts especially in relation to criminal justice. (shrink)

This chapter claims that only rarely do critical youth studies and social policy include young people in a truly participatory way. The implications of and reasons for this failure are explored. Moreover, through evidence collected over a 3 year youth-led research programme, the chapter investigates how the tools found within the field of user-led, action research can be used for the construction of evidence-based youth policy and the development of new theoretical and methodological models for critical youth studies. A secondary (...) aim is to identify best practices that encourage true participation of young people in decision-making and democratic structures. -/- . (shrink)

This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and (...) improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. -/- This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world. (shrink)

Edited by two leading restorative justice scholars from the West and East, this unique e-book bridges a gap in the literature by bringing together new evidence on the application of restorative practices in educational settings. The book has two aims. First, it builds a bridge between the restorative justice world in the East with that of the West. The volume demonstrates how similar the theoretical and practical experiences are in the two sides of the world. It presents us with evidence (...) of what works in policy, research and practice and allows us to make comparisons for the future. Secondly, the book challenges restorative justice which is often seen through the narrow lenses of the criminal justice system. -/- ------ -/- “It is arrogant indeed to think that schools in the west have all the answers and we are somehow more advanced in our thinking and practice. The scope of the chapters in this book travails many of the issues that face schools and systems everywhere. This book is highly recommended for anyone practicing, studying or legislating restorative justice in educational settings. Restorative practice is who we are, not what we do!”. Margaret Thorsborne, Restorative practitioner, trainer, facilitator and author. (shrink)

social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. -/- To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities that (...) are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners. (shrink)

Fueled by ever-growing amounts of (digital) data and advances in artificial intelligence, decision-making in contemporary societies is increasingly delegated to automated processes. Drawing from social science theories and from the emerging body of research about algorithmic appreciation and algorithmic perceptions, the current study explores the extent to which personal characteristics can be linked to perceptions of automated decision-making by AI, and the boundary conditions of these perceptions, namely the extent to which such perceptions differ across media, (public) health, and judicial (...) contexts. Data from a scenario-based survey experiment with a national sample (N = 958) show that people are by and large concerned about risks and have mixed opinions about fairness and usefulness of automated decision-making at a societal level, with general attitudes influenced by individual characteristics. Interestingly, decisions taken automatically by AI were often evaluated on par or even better than human experts for specific decisions. Theoretical and societal implications about these findings are discussed. (shrink)

Straightforward theory revision, taking into account as effectively as possible the established nomic possibilities and, on their basis induced empirical laws, is conducive for (unstratified) nomic truth approximation. The question this paper asks is: is it possible to reconstruct the relevant theory revision steps, on the basis of incoming evidence, in AGM-terms? A positive answer will be given in two rounds, first for the case in which the initial theory is compatible with the established empirical laws, then for the case (...) in which it is incompatible with at least one such a law. (shrink)

There are two principles which bear the name Frege''sprinciple: the principle of compositionality, and the contextprinciple. The aim of this contribution is to investigate whether thisis justified: did Frege accept both principles at the same time, did hehold the one principle but not the other, or did he, at some moment,change his opinion? The conclusion is as follows. There is a developmentin Frege''s position. In the period of Grundlagen he followed to a strict form of contextuality. He repeatedcontextuality in later (...) writings, but became less strict. From 1914 on,pushed by the needs of research, he comes close to compositionality. Buthe could never make the final step toward compositionality forprincipled reasons, therefore he always would reject compositionality. (shrink)

In this paper it is argued that Hintikka's game theoreticalsemantics for Independence Friendly logic does not formalize theintuitions about independent choices; it rather is aformalization of imperfect information. Furthermore it is shownthat the logic has several remarkable properties (e.g.,renaming of bound variables is not allowed). An alternativesemantics is proposed which formalizes intuitions aboutindependence.

Why do agent-relative reasons have authority over us, reflective creatures? Reductive accounts base the normativity of agent-relative reasons on agent-neutral considerations like ‘having parents caring especially for their own children serves best the interests of all children’. Such accounts, however, beg the question about the source of normativity of agent-relative ways of reason-giving. In this paper, I argue for a non-reductive account of the reflective necessity of agent-relative concerns. Such an account will reveal an important structural complexity of practical reasoning (...) in general. Christine Korsgaard relates the rational binding force of practical reasons to the various identities or self-conceptions under which we value ourselves. The problem is that it is not clear why such self-conceptions would necessitate us rationally, given the fact that most of our identities are simply given. Perhaps, Harry Frankfurt is right in arguing that we are not only necessitated by reason, but also, and predominantly by what we love. I argue, however, that “the necessities of love” (in Frankfurt’s phrase) are not to be separated from, but should be seen as belonging to the necessities of reason. Our loves, concerns and related identities provide for a specific and important structure to practical reflection. They function on the background of reasoning, having a specific default role: they would lose their character as concerns, if there was a need for them to be cited on the foreground of deliberation or if there was a need to justify them. This does not mean that our deep concerns cannot be scrutinised. They can only be scrutinised in an indirect way, however, which explains their role in grounding the normativity of agent-relative reasons. It appears that this account can provide for a viable interpretation of Korsgaard’s argument about the foundational role of practical identities. (shrink)

The Knowledge-Based Bio-Economy has gained prominence as an agricultural R&D agenda of the European Union. Specific research policies are justified as necessary to create a KBBE for societal progress. Playing the role of a master narrative, the KBBE attracts rival visions; each favours a different diagnosis of unsustainable agriculture and its remedies in agro-food innovation. Each vision links a technoscientific paradigm with a quality paradigm: the dominant life sciences vision combines converging technologies with decomposability, while a marginal one combines agro-ecology (...) with integral product integrity. From these divergent visions, rival stakeholder networks contend for influence over research policies and priorities, especially within the Framework Programme 7 on Food, Agriculture, Fisheries and Biotechnology, which has aimed to promote a Knowledge-Based Bio-Economy. Although the FAFB programme has favoured a life sciences vision, agro-ecological approaches have gained a presence, thus overcoming their general lock-out from agricultural research agendas. In their own way, each rival paradigm emphasises the need for collective systems to gather information for linking producers with users, as a rationale for the public sector to fund distinctive research priorities. (shrink)

At the beginning of Posterior Analytics 2.19 Aristotle reminds us that we cannot claim demonstrative knowledge ( epistêmê apodeiktikê ) unless we know immediate premisses, the archai of demonstrations. By the end of the chapter he explains why the cognitive state whereby we get to know archai must be Nous . In between, however, Aristotle describes the process of the acquisition of concepts, not immediate premisses. How should we understand this? There is a general agreement that it is Nous by (...) means of which we acquire both premisses and concepts. I argue that this cannot be the case. Since concepts are simples while premisses are composites (predications of concepts), the two cannot be objects of the same cognitive state. I further argue that, whereas Nous is responsible for our grasp of concepts, the state Aristotle elsewhere calls non-demonstrable knowledge is the one whereby we get to know the premisses of demonstrations. (shrink)

Peptidylprolyl‐isomerases (PPIases) comprise of the protein families of FK506 binding proteins (FKBPs), cyclophilins, and parvulins. Their common feature is their ability to expedite the transition of peptidylprolyl bonds between the cis and the trans conformation. Thus, it seemed highly plausible that PPIase enzymatic activity is crucial for protein folding. However, this has been difficult to prove over the decades since their discovery. In parallel, more and more studies have discovered scaffolding functions of PPIases. This essay discusses the hypothesis that PPIase (...) enzymatic activity might be the consequence of binding to peptidylprolyl protein motifs. The main focus of this paper is the large immunophilins FKBP51 and FKBP52, but other PPIases such as cyclophilin A and Pin1 are also described. From the hypothesis, it follows that the PPIase activity of these proteins might be less relevant, if at all, than the organization of protein complexes through versatile protein binding. Also see the video abstract here https://youtu.be/A33la0dx5LE. (shrink)

The successful decoding of human genome and subsequent advances in new life sciences innovation create technological presuppositions of a new possibility of justice i.e. the just distribution of both social and natural goods. Although Rawlsians attempt to expand their theory to include this new possibility, they fail to provide plausible metrics of social justice in the genomics and post-genomics era. By contrast, Senians seem to succeed to do so through their index of basic capabilities. This paper explores what might be (...) regarded as a Senian perspective of distributive justice in new life sciences innovation. The argument is that, by comparing freedoms instead of primary goods, the capability theory allows not only for the identification of injustices linked to natural lottery but also for their elimination through the use of new genomic technologies, including gene-based diagnostics, gene therapy, somatic cell engineering and germ-line engineering. These innovative technologies seem to have the potential to reduce variability in natural goods and therefore enable individuals to convert social goods into well-being or welfare. (shrink)

The brain adapts to changes that take place in the body. Deprivation of input results in size reduction of cortical representations, whereas an increase in input results in an increase of representational space. Amputation forms one of the most dramatic disturbances of the integrity of the body. The brain adapts in many ways to this breakdown of the afferent–efferent equilibrium. However, almost all studies focus on the sensorimotor consequences. It is not known whether adaptation takes place also at other “levels” (...) in the system. The present study addresses the question whether amputees dream about their intact body, as before the amputation, or about the body after the amputation and whether the dream content was a function of time since the amputation and type of amputation. The results show that the majority of the dreamers reported dreams about their intact body although the mean time that elapsed since the amputation was twelve years. There is no clear relation with the type of amputation. The results give modest evidence for the existence of a basic neural representation of the body that is, at least, partly genetically determined and by this relatively insensitive for changes in the sensory input. (shrink)

This chapter contains sections titled: “Talking about Santa is not lying” Why Might Lying Not Be Wrong? The Platonic Account of Why Lying is Not Wrong.

This collection of 21 essays explores the creative interaction among the cognitive neurosciences, philosophy, and theology. It is the result of an international research conference co-sponsored by the Vatican Observatory, Rome, and the Center for Theology and the Natural Sciences, Berkeley.

Social Networking Sites (SNSs) not only enable users to read or create content about brands, but also to easily pass along this content using information diffusion mechanisms such as retweeting or sharing. While these capabilities can be optimal for viral marketing, little is known, however, about how reading brand messages passed along by SNS contacts influences online brand communication outcomes. Results of a survey with active SNS users indicate that (1) message evaluation, (2) the relationship with the sender, and (3) (...) the receiver’s opinion leadership and opinion-seeking levels influence not only the receiver’s intention to pass along the message further, but also his or her attitude towards the brand. The implications of these findings are discussed, including how these capabilities brought on by SNSs change the brand-consumer relationship online. (shrink)

We examine an article of Paul Ricoeur on autonomy and vulnerability. Ricoeur presents the two notions in the field of justice as intricately woven into each other. He analyzes their interdependence on three levels of human agency. Ricoeur’s exposition has a focus on judicial judgment. After presenting Ricoeur’s argument and an analysis of his main points, the author argues that Ricoeur’s reflection lines up with some essential intentions of care ethics. Ricoeur’s contribution to care ethics is given in a delicate (...) balance of autonomy and its vulnerability. (shrink)

Physicalism ? or roughly the view that the stuff that physics talks about is all the stuff there is ? has had a popular press in philosophical circles during the twentieth century. And yet, at the same time, it has become quite fashionable lately to believe that the mind matters in this world after all and that psychology is an autonomous science irreducible to physics. However, if (true, downward) mental causation implies non-reducibility and Physicalism implies the converse, it is hard (...) to see how these two views could be compatible. This paper reviews some classical arguments purportedly showing how the autonomy of the special sciences can be upheld without violating the laws of physics or the principle that physics constitutes a complete and closed system. These arguments are presented in order of increasing strength, indicating how the more popular arguments in fact fall short of establishing anti-reductionism of the intended kind. New arguments are added which claim to demonstrate quite effectively how downward causation is possible compatibly with the reign of physics. The paper begins with a section which distinguishes various kinds of reductionism. (shrink)

This review portraits FK506 binding protein (FKBP) 51 as “reactivity protein” and collates recent publications to develop the concept of FKBP51 as contributor to different levels of adaptation. Adaptation is a fundamental process that enables unicellular and multicellular organisms to adjust their molecular circuits and structural conditions in reaction to environmental changes threatening their homeostasis. FKBP51 is known as chaperone and co‐chaperone of heat shock protein (HSP) 90, thus involved in processes ensuring correct protein folding in response to proteotoxic stress. (...) In mammals, FKBP51 both shapes the stress response and is calibrated by the stress levels through an ultrashort molecular feedback loop. More recently, it has been linked to several intracellular pathways related to the reactivity to drug exposure and stress. Through its role in autophagy and DNA methylation in particular it influences adaptive pathways, possibly also in a transgenerational fashion.Also see the video abstract here. (shrink)