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Christian B.N. Gade

Promoting restorative justice as de jure punishment: A vision for a different future

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Promoting restorative justice as de jure punishment: A vision for a different future. / Gade, Christian B.N.

In: The International Journal of Restorative Justice, 2021.

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@article{1e995271341f42ed8fde2408a10b8725,
title = "Promoting restorative justice as de jure punishment:: A vision for a different future",
abstract = "Restorative justice has frequently been presented as a new criminal justice paradigm, and as something that is radically different from punishment. I will argue that this {\textquoteleft}oppositioning{\textquoteright} is problematic for two reasons: first, because some cases of restorative justice constitute de facto punishment from the perspectives of some positions on what punishment is; second, because restorative justice could reasonably be more widely adopted as a new form of de jure punishment, which could potentially increase the use of restorative justice for the benefit of victims, offenders and society at large. In connection with the latter, I want to present some preliminary thoughts on how restorative justice could be incorporated into future criminal justice systems as de jure punishment. Furthermore, I will suggest that by insisting that restorative justice is radically different from punishment, restorative justice advocates may − contrary to their intentions − play into the hands of those who want to preserve the status quo rather than developing future criminal justice systems in the direction of restorative justice.",
keywords = "restorative justice, punishment",
author = "Gade, {Christian B.N.}",
year = "2021",
language = "English",
journal = "The International Journal of Restorative Justice",

}

RIS

TY - JOUR

T1 - Promoting restorative justice as de jure punishment:

T2 - A vision for a different future

AU - Gade, Christian B.N.

PY - 2021

Y1 - 2021

N2 - Restorative justice has frequently been presented as a new criminal justice paradigm, and as something that is radically different from punishment. I will argue that this ‘oppositioning’ is problematic for two reasons: first, because some cases of restorative justice constitute de facto punishment from the perspectives of some positions on what punishment is; second, because restorative justice could reasonably be more widely adopted as a new form of de jure punishment, which could potentially increase the use of restorative justice for the benefit of victims, offenders and society at large. In connection with the latter, I want to present some preliminary thoughts on how restorative justice could be incorporated into future criminal justice systems as de jure punishment. Furthermore, I will suggest that by insisting that restorative justice is radically different from punishment, restorative justice advocates may − contrary to their intentions − play into the hands of those who want to preserve the status quo rather than developing future criminal justice systems in the direction of restorative justice.

AB - Restorative justice has frequently been presented as a new criminal justice paradigm, and as something that is radically different from punishment. I will argue that this ‘oppositioning’ is problematic for two reasons: first, because some cases of restorative justice constitute de facto punishment from the perspectives of some positions on what punishment is; second, because restorative justice could reasonably be more widely adopted as a new form of de jure punishment, which could potentially increase the use of restorative justice for the benefit of victims, offenders and society at large. In connection with the latter, I want to present some preliminary thoughts on how restorative justice could be incorporated into future criminal justice systems as de jure punishment. Furthermore, I will suggest that by insisting that restorative justice is radically different from punishment, restorative justice advocates may − contrary to their intentions − play into the hands of those who want to preserve the status quo rather than developing future criminal justice systems in the direction of restorative justice.

KW - restorative justice

KW - punishment

M3 - Journal article

JO - The International Journal of Restorative Justice

JF - The International Journal of Restorative Justice

ER -