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File Restorative Justice
Instructor: Lydia Voigt. School: Loyola University New Orleans. Date: Spring 2007. Description: This course offers a critical review of Restorative Justice (RJ) including a consideration of its definitions, historical roots, theoretical origins, key principles and substantive practices, global policies and programs, controversial issues, and future directions and possibilities. The course brings together a wide range of perspectives encompassing historical, philosophical, religious, political, sociological, anthropological, criminological, economic, and legal considerations. The course also provides a critical assessment of the potential of Restorative Justice as well as its limitations. Finally, special attention is given to the implications of Restorative Justice for our personal lives and for society.
Located in Lecture Hall / Restorative Justice Course Syllabi
File Special Topic: Restorative Justice
Instructor: Judah Oudshoorn. School: Conrad Grebel University College. Date: Winter 2009. Description: This is a seminar course investigating the history, theory, principles, practices and people of restorative justice. Content will centre particularly on restorative justice as a way of dealing with crime and interpersonal violence in the Canadian context. Although restorative justice practice goes back 1,000’s of years in many aboriginal and indigenous communities, it has only been since the mid-1970’s that it began to formally (re)emerge. Since then restorative justice programs have sprouted up all over the world.
Located in Lecture Hall / Restorative Justice Course Syllabi
File Restorative Justice: The Promise, The Challenge
Instructors: Howard Zehr and Lorraine Stutzman Amstutz. School: Eastern Mennonite University. Date: Summer 2009. Description: This course will provide a critical introduction to the fundamental principles and practices of restorative justice. The course explores the needs and roles of key “stakeholders” (victims, offenders, communities, justice systems), outlines the basic principles and values of restorative justice, and introduces some of the primary models of practice. It also addresses challenges to restorative justice - the dangers, the pitfalls – as well as possible strategies to help prevent restorative justice from failing to live to its promise.
Located in Lecture Hall / Restorative Justice Course Syllabi
File Transformative Justice - Seminary
Instructor: Dwight Duff. School: Ambrose University College. Date: May 2009. Description: Transformative Justice is a new, yet old way of thinking and doing justice. It is not a specific program or set of programs but it is a way of thinking about responding to the problem of crime. It offers a set of values that guides decisions on policy, programs, and practice. This course will look at a transformative response to crime as a resource for reconciliation of victims, offenders and community. It will study the effectiveness of the current retributive model and the role the media plays in its perpetuation. The student will be invited to consider a transformative model of justice that is grounded in Christian, as well as other faith traditions.”
Located in Lecture Hall / Restorative Justice Course Syllabi
File Restorative Justice
Instructors: Lydia Newlin, Maria Alderink. School: Metropolitan State University School of Law Enforcement and Criminal Justice. Date: Spring 2008. Description: Restorative Justice is encourages students to develop a working definition and knowledge of restorative justice principals and concepts. Students will examine restorative justice from a historical, sociological, criminological and psychological perspective. A wide range of specific restorative practices, including issues relating to diversity, will be studied, reviewed and analyzed.
Located in Lecture Hall / Restorative Justice Course Syllabi
RJ Article Rachel Reesor -Taylor. Anselm's Cur Deus Homo For a Peace Theology: On The Compatability of Non-Violence and Sacrificial Atonement
Although the interpretation of Anselm's Cur Deus Homo in the tradition of Albrecht Ritschl,Adolf Von Harnack and Gustav Aulen has led to a suspicion about its usefulness for a Peace Theology, a reading through the lens of more recent scholarship,which assumes its original Catholic, sacramental and sacrificial framework,reveals a beautiful understanding of the cross in this medieval classic that is perfectly compatible with a commitment to non-violence.Three Mennonite scholars writing in pursuit of an Anabaptist Peace Theology, John Howard Yoder,John Driver and J. Denny Weaver display varying degrees of dissatisfaction with the explanation that Anselm provided in Cur Deus Homo,and none held out many prospects for its usefulness.Yoder highlighted the weaknesses, Driver essentially repeated them, and Weaver went a step further to charge that Cur Deus Homo depicted divinely sanctioned violence and ought to be rejected.They did not demonstrate much awareness of our reliance on the contributions of scholars who have focused on Anselm's theology and context.Reading Cur Deus Homo through the lens of more recent anselmian scholarship reveals that the honour and justice of God are one with the mercy and love of God.Humanity is restored not through punishment, but through the means of satisfaction and reward, while the whole explanation is seen in a sacrificial framework. Anselm's isistence upon human participation, and on satisfaction are very congenial to certain emphases of a Peace Theology, namely, discipleship and restorative justice. The real death understood metaphorically as a sacrifice does not violate the commitment to non-violence, but strengthens it. A rejection of Anselm's metaphysic,ontology and sacrificial framework, a failure to distinguish between punishment and satisfaction, a failure to reflect from the perspective of the guilty,and a neglect of or an ambivalence about the doctrines of the two natures and the trinity all lead to a distorted impression of Cur Deus Homo, concealing the contribution Cur Deus Homo might make to a peace theology.
Located in articlesdb / articles
RJ Article Paul McCold. Protocols for Evaluating Restorative Justice Programmes
This article provides a review and critique of the current research findings about restorative justice. It is suggested that some of the positive findings are not due to programme efficacy, but rather to well-known threats to validity. The effect of case attrition on selection bias is considered in light of the voluntary nature of many restorative justice programs. Standardization of program measures is urged with specific research protocols presented and described. Protocols for measuring participant perceptions are compared. Before scientifically valid statements can be made about best practices, much more rigorous research needs to be conducted.If the results of multiple program evaluations are going to contribute to accumulated understanding of the practice,measures across programs must be standardized. A research agenda is described that would eventually allow for empirically fitting the forum to the fuss and establishing best practice standards across models. Six programme level and six case level measures are proposed as the minimum required for basic program comparisons to be meaningful.
Located in articlesdb / articles
RJ Article Ian Freckelton. THERAPEUTIC JURISPRUDENCE MISUNDERSTOOD AND MISREPRESENTED: THE PRICE AND RISKS OF INFLUENCE
Therapeutic jurisprudence has been described as a mechanism, vector, prism, lens, and heuristic for viewing the content of law and legal process, and as having the potential for reform of the law. It has been highly influential and, if anything, its influence is gathering momentum. However, in the two decades of success since it was coined as a concept in 1987,1 a number of less welcome challenges and consequences have followed. These include detractors, trendiness, populism, cult status, and a degree of indiscriminate and inaccurate invocation of ‘‘TJ’’ as a rationalization, justification, and even a badge of honor. This Article scrutinizes a range of the critiques of therapeutic jurisprudence and reflects upon the risks of it being misused in the name of legislative and court reforms. Unfortunately, some proponents that wish reforms to appear avant-garde, sensitive, and community-responsive do not fulfill the basic tenets of lawyering. But it is these basic tenets of lawyering that will promote autonomy and choice, minimize adverse outcomes to health, and maximize pro-therapeutic consequences. This Article argues that in the maturation phase of therapeutic jurisprudence those who identify its advantages have an intellectual responsibility to be clear about the parameters and limits of therapeutic jurisprudence. This will reduce its invocation in ways that will bring it into disrepute and result in outcomes inconsistent with its values. In addition, with its successes comes an obligation to explore what is claimed to be its implementation in practice and to evaluate rigorously whether such implementation is achieving the desired objectives.
Located in articlesdb / articles
RJ Article Abdulkadir, Rahma. Gender, Transitional Justice and Failed Statehood: Can the Somali Traditional Customary Law be the Basis for Viable and Inclusive Mechanism(s) of Transitional Justice for Somalia?
Although the localization of transitional justice may have certain advantages, such as legitimacy,critics have expressed some significant concerns about it. For instance, critics have argued that in some cases local customary or indigenous law based mechanisms of transitional justice tend to exclude women and often concentrate power in the hands of males from dominant groups. In this regard, the Somali case is interesting in so far as it combines a complete collapse of the state and a protracted civil war. In addition, the exploration of this case is important as there are very few studies that have attempted to empirically investigate it. Thus, this dissertation addresses explores the overarching research question: how can an approach of transitional justice, which takes into account Somalia’s economic, political and socio-cultural history, and is attentive to the needs of victims of human rights abuses in this country be achieved in this country? This dissertation deals with three interrelated questions that are empirically explored in three separate chapters. In answering these questions, this dissertation employs a theoretical framework and appropriate research methodologies. Further, the analyses presented show that major differences in opinion exist regarding the usefulness of the Somali traditional xeer or customary law in building a model of transitional justice among male and female respondents as well as among respondents from different regions of Somalia.(Excerpt).
Located in articlesdb / articles
RJ Article Dhami, Mandeep K. and Fox, Darrell and Mantle, Greg. Restorative justice in prisons
Restorative Justice (RJ) has found significant utility outside the prison setting. For many reasons, it has not received the same level of consideration inside the institution...Although RJ has the potential to have a positive impact on the work of prisons and the experience of imprisonment, it has not found wide acceptance and is currently limited to a relatively small number of prisons and then often only delivered in partial platforms. We believe that RJ has a realistic future in prison settings and that the contradictions that may be identified are not debilitating. (Excerpt)
Located in articlesdb / articles