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Restorative Justice and Responsive Regulation


Restorative Justice and Responsive Regulation

Hardback by Braithwaite, John (Professor of Law, Professor of Law, Australian National University)

Restorative Justice and Responsive Regulation

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£131.75

ISBN:
9780195136395
Publication Date:
20 Dec 2001
Language:
English
Publisher:
Oxford University Press Inc
Pages:
328 pages
Format:
Hardback
For delivery:
Estimated despatch 27 May - 1 Jun 2024
Restorative Justice and Responsive Regulation

Description

Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

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