RESTORATIVE JUSTICE RESPONSIVE REGULATION STUDIES IN CRIME AND PUBLIC POLICY

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Restorative Justice Responsive Regulation

Author : John Braithwaite
ISBN : 9780195158397
Genre : Law
File Size : 20.77 MB
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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.
Category: Law

Restorative Justice And Responsive Regulation

Author : John Braithwaite
ISBN : 1876861061
Genre : Criminal justice, Administration of
File Size : 74.14 MB
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Restorative justice has become an important new way of thinking about crime, responsive regulation an influential way of thinking about business regulation. In this volume, John Braithwaite brings together his important work on restorative justice with his work on business regulation to form a sweepingly novel picture of the way society regulates itself. Braithwaite, internationally renowned for his work on restorative justice, has argued that restoring victims, offenders, and communities is more effective than punitive practices for deterring, incapacitating, and rehabilitating offenders. In this fascinating book, he reconceives responsive regulation as an approach to regulating any phenomenon. Offering an original and incisive argument, he establishes the relevance of the business regulation literature on responsive regulation to the problem of crime and the relevance of the restorative justice literature on crime not only to business regulation but also to many of our biggest social and economic problems. These include the problems of war and peace, education, poverty, and sustainable development. Braithwaite's theories offer radically different ways of thinking about policies to confront these problems. They also propose a complete transformation of the legal system - from tort to tax - in accordance with the principles of restorative justice and responsive regulation. Braithwaite summarises a great deal of research evidence - from criminal justice in the case of restorative practices, from business in the case of responsive regulation - on how and why restorative justice and responsive regulation works in healing our biggest social problems. This book offers compelling arguments for a problem-solving approach to social ills, and challenges us to develop a legal system that works more efficiently and fairly with a morally decent approach to social problems of all stripes.
Category: Criminal justice, Administration of

Responsive Regulation

Author : Ian Ayres
ISBN : 0195361296
Genre : Law
File Size : 64.91 MB
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This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
Category: Law

The Oxford Handbook Of Crime And Public Policy

Author : Michael H. Tonry
ISBN : 9780195336177
Genre : Law
File Size : 42.87 MB
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Much of the scholarly literature and principal books on criminal justice and crime control policy take the operations of the criminal justice system, the causes of crime and delinquency, theories about crime and justice, and crime prevention as the central topics for study and policy analysis. But law enforcement and public officials create policy responses to specific crimes, not broad categories of offenses. In order to develop the most effective policies, one needs to understand why particular crimes occur and what approaches might best prevent them or minimize the harm they cause. Taking this fresh perspective, The Oxford Handbook of Crime and Public Policy offers a comprehensive examination of crimes as public policy subjects. Michael Tonry, a leading authority on criminology, has brought together the most distinguished active scholars in the field to present a wide-ranging overview and analysis of violent and sexual crimes, property crimes, transactional crimes, transnational crimes, and crimes against morality. The crimes investigated range from often-discussed offenses (homicide, auto theft, sexual violence) to those that only recently began to receive attention (child abuse, domestic violence, environmental crimes); it includes new crimes (identity theft, cybercrime) as well as age-old crimes (drug abuse, gambling, prostitution). Written in a straightforward and accessible manner, each chapter explains why crimes happen, how often, and what we know about efforts to prevent or control them. Aimed at a wide audience of scholars, students, and policy makers, the Handbook is the definitive reference work on crimes and public policy responses to them.
Category: Law

Restorative Justice And The Law

Author : Lode Walgrave
ISBN : 9781135999025
Genre : Social Science
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Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities
Category: Social Science

Contemporary Issues In Criminological Theory And Research

Author : Richard Rosenfeld
ISBN : 9781133707455
Genre : Education
File Size : 72.87 MB
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CONTEMPORARY ISSUES IN CRIMINAL JUSTICE THEORY, 1/e is an outstanding anthology of social institution-focused essays ideal for stimulating discussions and debates in the classroom. This collection features all 26 proposals and response essays presented at the American Society of Criminology's 2010 annual meeting, on the major social institutions family, education, religion, the economy, and the political system and features a lead paper and commentaries on the paper written by subject experts. The book's concise format makes it an invaluable resource for those wanting to incorporate current research and critical thinking into their criminology and criminal justice curricula. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Category: Education

Democratic Theory And Mass Incarceration

Author : Albert Dzur
ISBN : 9780190629144
Genre : Social Science
File Size : 23.96 MB
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The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society.
Category: Social Science

Regulatory Theory

Author : Peter Drahos
ISBN : 9781760461027
Genre : Law
File Size : 41.74 MB
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This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
Category: Law

Regulation And Criminal Justice

Author : Hannah Quirk
ISBN : 9781139493994
Genre : Law
File Size : 20.89 MB
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While regulatory institutions and strategies have been the subject of increasing academic attention, there has been limited application of regulatory theories to criminal justice scholarship. This collection of essays from a range of outstanding international scholars adopts a critical, inter-disciplinary approach, providing an innovative application of regulatory theory to the practice of criminal justice and offering suggestions for further research. Part I explores the aims and values of criminal justice and other regulatory networks and the synergies and tensions between these fields; Part II examines criminal justice as a regulatory force to control 'deviant' and anti-social behaviour and Part III examines the regulation and oversight of criminal justice through the operation of prison inspectorates and explores notions of responsive justice.
Category: Law

Law And Corporate Behaviour

Author : Christopher Hodges
ISBN : 9781782255833
Genre : Law
File Size : 24.65 MB
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This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.
Category: Law