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Restorative values

In Gerry Johnstone & Daniel W. van Ness (eds.), Handbook of Restorative Justice. pp. 59--74 (2007)

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  1. Fictions of Restorative Justice, Vincent Geeraets.V. C. Geeraets - 2016 - Criminal Law and Philosophy 10 (2):265-281.
    In this paper, I argue that scholars such as John Braithwaite and Lode Walgrave rely on fictions when presenting their utopian vision of restorative justice. Three claims in particular are shown to be fictitious. Proponents of restorative justice maintain, first, that the offender and the victim voluntarily attend the restorative conference. Second, that the restorative conference enables the offender and the victim to take on active responsibility. Third, that the reparatory tasks on which the parties agree should not be understood (...)
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  • Can Restorative Justice provide a solution to the problem of incoherence in sentencing?Elizabeth Tiarks - unknown
    Current sentencing practice in England and Wales is incoherent. This stems from the combination of conflicting philosophies of punishment, with no clear method adopted by sentencers in choosing between them. This presents a significant challenge as sentencing can have a profound impact on an offender’s life, as well as having wider implications for family members. Therefore, a coherent decision-making process is essential in order to limit arbitrary sentencing and support the legitimacy of the penal system. This thesis argues that Restorative (...)
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