A promise and a possibility : the limitations of the traditional criminal justice system as an explanation for the emergence of restorative justice

Richards, Kelly (2014) A promise and a possibility : the limitations of the traditional criminal justice system as an explanation for the emergence of restorative justice. Restorative Justice : An International Journal, 2(2), pp. 124-141.

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Abstract

The claim that restorative justice emerged in response to the failings of the traditional criminal justice system is frequently made and rarely challenged in the restorative justice literature. It is stated unproblematically, as though it is an unassailable fact rather than a powerful truth claim, thereby positioning restorative justice as a natural, progressive and superior model of justice in comparison with the traditional criminal justice system. This truth claim therefore bestows restorative justice with a legitimacy that is difficult to challenge or refute. Drawing on a Foucaultian genealogy of restorative justice, this article seeks to destabilise the truth claim that restorative justice emerged in response to the failings of the criminal justice system. While the shortcomings of the traditional criminal justice system may provide a backdrop to the emergence of restorative justice, this article argues that such a possibility makes restorative justice a possibility rather than an inevitability.

Impact and interest:

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ID Code: 74141
Item Type: Journal Article
Refereed: Yes
Additional URLs:
DOI: 10.5235/20504721.2.2.124
ISSN: 2050-4721
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Criminology not elsewhere classified (160299)
Divisions: Current > Research Centres > Crime & Justice Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Justice
Deposited On: 20 Jul 2014 22:46
Last Modified: 22 Mar 2015 22:03

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