The emergence of the idea of a ‘restorative city’ and its link to restorative justice

Grazia Mannozzi
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引用次数: 2

Abstract

From the very beginning, mainly criminologists, criminal lawyers and social work‐ ers have processed and fostered the theory of restorative justice. The basic, sim‐ ple, yet revolutionary idea behind it is to encourage dialogue with cooperative and constructive processes, in order to manage conflict by listening and acknowledg‐ ing the other person’s dignity and by a concrete, credible offer of monetary or even symbolic reparation. From a practical viewpoint, restorative justice has been interpreted with vari‐ ous forms of methods and standard procedures: these mainly include mediation, conferencing, restorative dialogue and circles. The common thread linking the different methodologies is the dialogue form of the meeting, the perspective of reparation and the fundamental role of the mediator/facilitator, appointed as an impartial, equidistant, adequately trained individual.1 In concrete terms, restora‐ tive justice was initially used with young offenders, as a diversion intervention, and subsequently with adults for even serious offences and during the adminis‐ tration of the sentence. Although it began as an approach to conflict arising from an offence, restora‐ tive justice has shown over time to be extremely adaptable. Restorative methods have spilled beyond the sphere of extra-judicial settlements to be experimented in various fields and not merely in a reactive, but also in a proactive dimension (i.e. with a view to preventing conflict): from family conflict to interethnic or interreligious conflicts; from school bullying to improper or oppressive behaviour on university campuses; from inappropriate conduct or mobbing in the workplace, to the management of disputes in complex organisations. Of particular interest among these areas of intervention is the emergence of the so-called restorative cities.
“恢复性城市”概念的出现及其与恢复性司法的联系
从一开始,主要是犯罪学家、刑事律师和社会工作者对恢复性司法理论进行了加工和培育。其基本、简单却革命性的理念,是鼓励以合作与建设性的方式对话,透过倾听与承认对方的尊严,以及具体、可信的金钱补偿,甚至象征性的补偿,来处理冲突。从实践的角度来看,对恢复性司法的解释有各种形式的方法和标准程序:主要包括调解、会议、恢复性对话和圈子。连接不同方法的共同线索是会议的对话形式、赔偿的观点和调解人/调解人的基本作用,调解人被任命为公正、平等和受过充分训练的个人具体来说,恢复性司法最初用于青少年罪犯,作为一种转移注意力的干预措施,后来用于成年人,甚至是严重的罪行,以及在执行判决期间。虽然恢复性司法最初是作为一种处理犯罪引起的冲突的方法,但随着时间的推移,恢复性司法显示出极强的适应性。恢复性方法已经超出了法外解决的范围,在各个领域进行试验,不仅是被动的,而且是主动的(即为了防止冲突):从家庭冲突到种族间或宗教间冲突;从校园欺凌到大学校园的不当或压迫行为;从工作场所的不当行为或骚乱,到复杂组织中的纠纷管理。在这些干预领域中,特别令人感兴趣的是所谓恢复性城市的出现。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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