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Maxwell, Gabrielle and Morris, Allison (2004). What is the Place of Shame in Restorative Justice? In, Howard Zehr and Barb Toews, eds., Critical Issues in Restorative Justice. Monsey, New York and Cullompton, Devon, UK: Criminal Justice Press and Willan Publishing. Pp. 133-141.

As Gabrielle Maxwell and Allison Morris observe, John Braithwaite’s theory of reintegrative shaming (1989) has been quite influential in providing a basis for restorative justice in general and for some forms of conferencing in particular. (Braithwaite himself linked shaming with family group conferences in New Zealand and traditional Maori conflict resolution processes.) Following this, Masters (1998) argued that shame is a critical component in the development of effective restorative justice. Maxwell and Morris dissent. They do not link shaming with family group conferences in New Zealand, nor do they see shaming as an essential part of restorative justice. Hence, in this essay Maxwell and Morris question these presumed links between shaming and effective crime control at both theoretical and empirical levels.

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