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 : 27.54 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

Responsive Regulation

Author : Ian Ayres
ISBN : 9780195093766
Genre : Science
File Size : 89.44 MB
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Drawing extensively on empirical studies from the US, UK, Australia, and New Zealand, John Braithwaite and Ian Ayres offer an well-argued addition to the comparative literature on government regulation. In an effort to transcend the ongoing debate between those who favour strong state regulation and those who call for deregulation, they argue that regulation does not have to proceed with an adversarial tone, nor does it have to be 'soft' or 'hard' to be effective.
Category: Science

Contemporary Issues In Criminological Theory And Research

Author : Richard Rosenfeld
ISBN : 9781133707455
Genre : Education
File Size : 64.17 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

The Encyclopedia Of Theoretical Criminology

Author : J. Mitchell Miller
ISBN : 9780470658444
Genre : Reference
File Size : 22.98 MB
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The two–volume Encyclopedia of Theoretical Criminology, available in print and online, is the definitive reference resource for theoretical criminology. This encyclopedia offers a state–of–the–art survey of leading theories, concepts, and key figures in the field. It combines this breadth of coverage with the authority and international perspective of an experienced team of contributors, creating a definitive reference resource for students, scholars, and professionals. Comprehensive: Broad coverage spans the origins and evolution of leading theories, major theorists, concepts, applications, and degree of empirical support for both criminology and justice Authoritative: Edited by a leading team of experts in the field and enhanced by contributions from an international group of leading criminology and criminal justice scholars International: Offers a global perspective from an international team of leading scholars, including coverage of the strong and rapidly growing body of work on criminology in Europe and other areas Wide–ranging: Includes coverage of theories of justice, crime, applied criminology, and traditional and alternative criminological theories Multi–format: Publishing simultaneously as a two–volume print set and via Wiley Online Library; visit www.theoreticalcriminology.com for further details
Category: Reference

Restorative Justice And The Law

Author : Lode Walgrave
ISBN : 9781135999025
Genre : Social Science
File Size : 45.48 MB
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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

Regulation And Criminal Justice

Author : Hannah Quirk
ISBN : 9781139493994
Genre : Law
File Size : 61.4 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

Restorative Justice

Author : Heather Strang
ISBN : 9781351965309
Genre : Law
File Size : 64.68 MB
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The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book – such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice – are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.
Category: Law

Regulatory Theory

Author : Peter Drahos
ISBN : 9781760461027
Genre : Law
File Size : 35.36 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

Law And Corporate Behaviour

Author : Christopher Hodges
ISBN : 9781782255833
Genre : Law
File Size : 50.19 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