书评:恢复性司法中的关键问题

J. O’Mahoney
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引用次数: 0

摘要

随着恢复性司法对刑事司法的影响不断扩大,坚定的恢复性司法倡导者认识到需要采取一种更为批判的方法,以便将愿景与现实进行比较。Howard Zehr和Barb Toews认为,如果恢复性司法要保持其完整性,那么就必须面对对其“灵魂”的威胁。例如,恢复性司法可能会产生意想不到的后果,损害其真实性,或者可能保留其完整性,但被边缘化和无效。为此,Zehr和Toews邀请了一个国际作家小组,通过解决一系列关于恢复性司法的问题,提供一个批判性的视角。乍一看,这本书似乎在涉及恢复性司法的“关键问题”方面过于雄心勃勃,共分31章。然而,每一章都很简短,并解决了非常具体的问题,这些问题可能会被从业者或学生提出。这些问题都包含在附录中。本书分为六个主要部分:原则和概念;利益相关者问题;政府和系统;实践与实践者;土著和宗教传统;还有社会公正。每一部分都有一个简短的介绍,描述了主题的范围,因为本书的目的是对正在进行的对话做出贡献,所以每章都以通信地址结束。这本书的优势之一是,它不仅包括一些犯罪学和刑事司法领域的关键理论家和研究人员,而且还包括一些在基层经历过恢复性司法的有趣作家。其结果是一个有用的想法集合,这可能有助于理论和政策辩论。第1部分探讨了由于缺乏恢复性司法的标准定义而出现的问题和可能性。一个有趣的贡献是瓦尔·拿破仑的一章,他从一个土著社区成员的角度写作。她问道:“谁定义了恢复性司法?”她对西方的现实模式提出了挑战,她认为,这种模式是原因的一种模式
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Book Review: Critical Issues in Restorative Justice
As the influence of restorative justice on criminal justice expands, committed restorative justice advocates are recognizing the need for a more critical approach in order to compare the vision against the reality. Howard Zehr and Barb Toews believe that if restorative justice is to retain its integrity then threats to its ‘soul’ must be confronted. Restorative justice might, for example, have unintended consequences that compromise its veracity or it may retain its integrity but be marginalized and ineffective. To this end Zehr and Toews have invited an international group of writers to contribute a critical perspective through addressing a set of questions about restorative justice. The book appears, at first glance, to be overly ambitious in the range of ‘critical issues’ related to restorative justice, which it covers in 31 chapters. However each chapter is brief and addresses very specific issues, which are likely to be raised by practitioners or students. These questions are helpfully included in the Appendix. The book is divided into six main sections: principles and concepts; stakeholder issues; governments and systems; practice and practitioners; indigenous and religious traditions; and social justice. Each part also has a short introduction describing the scope of the topic and, because the intention is that the book should make a contribution to an ongoing dialogue, each chapter ends with a correspondence address. One of the strengths of this book is that it not only includes some of the key theorists and researchers in criminology and criminal justice, but also an interesting range of writers who have experienced restorative justice at grassroots level. The result is a useful collection of ideas, which is likely to contribute to both theoretical and policy debates. Part 1 explores the problems and possibilities that emerge from the lack of a standard definition of restorative justice. An interesting contribution is a chapter by Val Napoleon, who writes from the perspective of a member of an aboriginal community. She asks ‘who defines restorative justice?’. She challenges a Western model of reality, which, she suggests, is a model of the cause B O O K R E V I E W S
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