Criminal Law and Philosophy 3 (2):187-207 (2009)

Abstract
Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best.
Keywords Braithwaite, John  Court trial  Responsive regulation  Restorative justice  State punishment
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DOI 10.1007/s11572-008-9069-y
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Two Treatises of Government.John Locke - 1988 - Cambridge University Press.
Two Treatises of Government.Roland Hall - 1966 - Philosophical Quarterly 16 (65):365.

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