Restorative Justice and Responsive Regulation
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Restorative Justice and Responsive Regulation

3.33 (6 ratings by Goodreads)
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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.show more

Product details

  • Hardback | 328 pages
  • 166.1 x 238.3 x 27.7mm | 603.29g
  • Oxford University Press Inc
  • New York, United States
  • English
  • New.
  • 6 line illus
  • 019513639X
  • 9780195136395
  • 93,437

About John Braithwaite

John Braithwaite is professor of Law at Australian National University. He is currently a visiting professor at New York University School of Law. He is the author of Responsive Regulation (OUP,1995) with Ian Ayers.show more

Review quote

As one has come to expect from John Braithwaite, this is an ambitious, provocative and stimulating book that ranges across a wide range of issues... It is rich in empirical examples, and proposes a clear set of reforms clearly inspired by a deep concern for justice, humanitarianism and protection of the 'little people'. Not all will agree with its proposals, but in seeking to argue against them, they will have a formidable opponent. The book deserves to be widely read, and will no doubt be a standard reference point in both criminal justice and regulation. * 22(3) Legal Studies * John Braithwaite believes in grass-roots democracy, and in this important book he presents a convincing community-based model for civil society... He offers a wide-ranging vision... basing his proposals on extensive research. This book should be read by everyone who is not yet aware of the potential of restorative justice to transform the law and social integration... the text is enlivened by examples in boxes. There is an excellent index. * The Centre for Crime and Justice Studies, CJM No. 49, Autumn 2002 * Throughout, Braithwaite links theoretical exploration with empirical material and maintains a practical, policy-relevant focus that allows him, for example, to make consistently stimulating suggestions about research and development programmes that would test emerging theories on the value of restorative justice in the various fields of social, political and economic life that he discusses ... Braithwaite's combination of normative and explanatory theory, and his commitment to developing the empirical base of practice, makes for an argument that is not only persuasive but inspiring. * Youth Justice *show more

Rating details

6 ratings
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