{"title":"严峻时期的恢复性司法","authors":"L. Walgrave","doi":"10.1525/nclr.2019.22.4.618","DOIUrl":null,"url":null,"abstract":"Restorative justice is based on mutual respect and inclusion through dialogue. This approach may be threatened in current severe times, characterized by rampant individualism and mutual distrust. In crime and justice issues, exclusion and punishment are pushing away approaches based on inclusion and persuasion. In such a socio-cultural climate, restorative justice is threatened indeed to being co-opted as an extension to the predominant punitive and controlling tendency. However, countervailing forces persist in social life, social practice, and in the arts. A social-scientific tendency is also aware of its social responsibility and seeks to serve the quality of social life based on more mutual respect, solidarity, and taking active responsibility. Restorative justice can be a part of these countervailing forces, if it safeguards its roots in this socio-ethical groundstream. It may be a spearhead of what we can call a “criminology of trust,” a criminology that understands that all policy regarding crime and justice issues must be grounded in respect, inclusion, and persuasion. Particularly, restorative justice’s contribution to this is twofold. First, it offers a realistic and more positive alternative to detrimental punitiveness. Second, it contributes to de-dramatizing and demystifying the image of crime and criminals to more realistic dimensions (which are in themselves serious enough).","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":"65 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":"{\"title\":\"Restorative Justice in Severe Times\",\"authors\":\"L. Walgrave\",\"doi\":\"10.1525/nclr.2019.22.4.618\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Restorative justice is based on mutual respect and inclusion through dialogue. This approach may be threatened in current severe times, characterized by rampant individualism and mutual distrust. In crime and justice issues, exclusion and punishment are pushing away approaches based on inclusion and persuasion. In such a socio-cultural climate, restorative justice is threatened indeed to being co-opted as an extension to the predominant punitive and controlling tendency. However, countervailing forces persist in social life, social practice, and in the arts. A social-scientific tendency is also aware of its social responsibility and seeks to serve the quality of social life based on more mutual respect, solidarity, and taking active responsibility. Restorative justice can be a part of these countervailing forces, if it safeguards its roots in this socio-ethical groundstream. It may be a spearhead of what we can call a “criminology of trust,” a criminology that understands that all policy regarding crime and justice issues must be grounded in respect, inclusion, and persuasion. Particularly, restorative justice’s contribution to this is twofold. First, it offers a realistic and more positive alternative to detrimental punitiveness. Second, it contributes to de-dramatizing and demystifying the image of crime and criminals to more realistic dimensions (which are in themselves serious enough).\",\"PeriodicalId\":44796,\"journal\":{\"name\":\"New Criminal Law Review\",\"volume\":\"65 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2019-11-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"New Criminal Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1525/nclr.2019.22.4.618\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"New Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1525/nclr.2019.22.4.618","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Restorative justice is based on mutual respect and inclusion through dialogue. This approach may be threatened in current severe times, characterized by rampant individualism and mutual distrust. In crime and justice issues, exclusion and punishment are pushing away approaches based on inclusion and persuasion. In such a socio-cultural climate, restorative justice is threatened indeed to being co-opted as an extension to the predominant punitive and controlling tendency. However, countervailing forces persist in social life, social practice, and in the arts. A social-scientific tendency is also aware of its social responsibility and seeks to serve the quality of social life based on more mutual respect, solidarity, and taking active responsibility. Restorative justice can be a part of these countervailing forces, if it safeguards its roots in this socio-ethical groundstream. It may be a spearhead of what we can call a “criminology of trust,” a criminology that understands that all policy regarding crime and justice issues must be grounded in respect, inclusion, and persuasion. Particularly, restorative justice’s contribution to this is twofold. First, it offers a realistic and more positive alternative to detrimental punitiveness. Second, it contributes to de-dramatizing and demystifying the image of crime and criminals to more realistic dimensions (which are in themselves serious enough).
期刊介绍:
Focused on examinations of crime and punishment in domestic, transnational, and international contexts, New Criminal Law Review provides timely, innovative commentary and in-depth scholarly analyses on a wide range of criminal law topics. The journal encourages a variety of methodological and theoretical approaches and is a crucial resource for criminal law professionals in both academia and the criminal justice system. The journal publishes thematic forum sections and special issues, full-length peer-reviewed articles, book reviews, and occasional correspondence.