Evaluating New Zealand’s restorative promise: the impact of legislative design on the practice of restorative justice

ABSTRACT

Restorative justice is regarded in modern criminal justice systems as one approach to address inadequacies in the conventional justice model. New Zealand has become a leader in implementing legislatively mandated restorative procedures. This reputation is due in part to a handful of supportive statutes: the Sentencing Act 2002, the Victims’ Rights Act 2002, the Parole Act 2002, the Corrections Act 2004 and subsequent amendments to those acts. In this article, I evaluate the practices bolstered by these acts and how effectively they operate, accounting for how legislative design may contribute to achievements and shortcomings in New Zealand's restorative justice programmes. I supplement the results by comparing New Zealand's efforts to those in Vermont, a U.S. state similarly well-regarded for its restorative policies. The evaluation of each jurisdiction's restorative justice programme is based on metrics for restorative success from Bazemore and Schiff (2005. Juvenile justice reform and restorative justice: building theory and policy from practice. Cullompton: Willan Publishing). I employ qualitative and quantitative data, surveying existing evaluations of restorative justice in New Zealand and Vermont, collecting longitudinal statistics, and conducting interviews with restorative justice practitioners. Overall, this analysis reveals that the design of restorative justice programmes requires negotiation; it is difficult to balance the dimensions of effective restorative justice with the needs of modern justice systems.     

古希腊正义观的嬗变

正义在古希腊是先哲们探求的重要课题。文章在对古希腊哲学家和政治学家们的不同正义观系统梳理的基础上 ,揭示了其共同特征 :“神”是正义的基础 ;个人美德和社会规范是正义的性质 ;理性是正义的内在精神 ,并阐述了古希腊正义观与近现代各种正义观的内在关联及区别。     

Explaining the perceived justice of disaster relief policy: An empirical study based on the 2008 Wenchuan Earthquake in China

The Chinese government issued generous relief policies after the Wenchuan Earthquake. However, according to my survey, 20.32 per cent (n = 1,949) of the earthquake victim‐survivors felt that they were treated unfairly in receiving government assistance after the earthquake. In the present study, a perceived justice framework was established to explain the victim‐survivors’ perception of justice of the disaster relief policy in China and several hypotheses were developed. The hypotheses were tested empirically using household survey data of the Wenchuan Earthquake. The empirical study found that perceived justice, which is composed of three dimensions (distributive justice, interpersonal justice and informational justice), could directly assess the effect of the disaster relief policy. The results of the empirical study also demonstrated that the most important principle of the disaster relief policy was ‘need distribution’, which was also the most important factor of perceived justice. The study concluded that it is imperative to improve victim‐survivors’ feeling of fairness, policy information delivery and their expectations management when implementing a disaster relief policy.     

社会秩序·制度理性·公正理想——西方思想文化中公正观念之范式沿革（上）

人类政治活动的直接目标,即是平衡主体之个体性与社会性的关系。所谓正义或者公正,正是对个体性与社会性的理性平衡。西方历史文化中的正义观,概括起来,主要有六种形态:(1)奠立于古代"自然法"基础上的古希腊的理性"正义论";(2)奠立于基督教神学教义基础之上的中世纪"神学正义观";(3)奠立于社会"公意"基础之上的西方近代"契约正义观";(4)奠立于对人性之两面性整合与超越的哲学预设基础之上的"权利正义观";(5)奠立于未来美好的共产主义(社会主义)价值信念基础之上的马克思主义的"实践正义观";(6)奠立于自由主义基础之上的罗尔斯的"社会正义论"、诺齐克的"资格正义论"以及麦金太尔的后现代主义的"实用理性正义论"。     

Social Work and the Justice Model

Summary Three sets of ideas, which I am calling justice, welfare, andcommunity approaches interact in the criminal justice systemsof England and Scotland. Social workers are usually most influencedby a welfare approach but this approach is always in dangerof becoming arbitrary. The essential values of a welfare approachmight in fact be strengthened by introducing from the justiceapproach ways of structuring discretion. This idea will be examinedin relation to juvenile justice and parole where compulsorypowers back the application of welfare ideas. Ways of ensuringthat social work discretion is confined, structured and checkedwill be considered.     

论实体正义与程序正义的关系

法的正义是实体正义与程序正义的统一。在实体正义与程序正义的关系上,人们传统上倾向于重实体正义、轻程序正义,甚至认为实体正义决定程序正义。实际上,程序正义具有独立于实体正义的价值,程序正义的独立价值应该得到足够重视,但又不能把程序正义绝对化。     

转型期中国公众的分配公平感：结果公平与机会公平

本文考察了中国公众的结果公平感和机会公平感,检验并比较了社会结构解释和相对剥夺解释在中国的适用性。研究发现,大多数公众认可结果公平和机会公平,且机会公平感高于结果公平感,但二者仅微弱相关。结果公平感由收入水平决定,机会公平感主要受教育水平影响。外资和私营单位雇员比国有和集体单位雇员更具机会公平感,城市中下层就业者对结果和机会分配均持批评态度。“个体相对剥夺”而不是“群体相对剥夺”对分配公平感有决定性影响,结果公平感只受横向剥夺影响,而机会公平感则主要受纵向剥夺影响。     

公正观念的民间认同:“叶玉珍”财产继承案分析

在法律秩序达成官方和民间（国家和社会）两个面向的分析框架下,黄宗智和张静分别从“实践”和“利益分配”的角度提出民间面向上存在的两种解释维度。本文从“叶玉珍”财产继承案出发,着重探讨公正观念的民间认同,认为在抽象原则上,官方和民间都认同“权利和义务一致”的公正观念,但在义务的具体内容上,存在个人义务与家族义务的认同冲突。由此,本文回溯历史,梳理明清以来寡妇财产继承权的变迁,进一步揭示其中所反映的公正观念在官方和民间认同上的一致与冲突,提出在民间这一面向上,“公正观念的民间认同”是以往未注意到的另一解释维度,从而试图对法律秩序的达成加入新的解释维度。     

The time frame problem: the law, social construction, and the sciences

Among our official noblest virtues are truth and justice. In the sciences, officially, truth overrides every other virtue. In the law, officially, justice likewise overrides. That is neither to deny that justice should be tempered by mercy, nor that truth should be qualified by wisdom. Any discussion of law and the sciences is potentially high philosophy, the meeting ground of truth and justice. But there are also more practical concerns. How should scientific information and advice be used in the law courts? There is now a rather staid but thoroughly solid assessment of the current state of play in the United States Federal Court systems, Foster and Huber’s(1997) Judging Science: Scientific Knowledge and the Federal Courts. Far more challenging to the philosopher, the scientist and the student of jurisprudence is Sheila Jasanoff’s(1995) Science at the Bar because she enters current debates as a professed social constructionist, with a distinguished career of investigating science and public policy (Jasanoff and Jasanoff).     

Exploring Social Justice for Clinical Social Work Practice

This article explores social work practitioners' understanding of social justice and how understanding facilitates or impedes the pursuit of social justice within the practice field of mental health. Existing confusion and ambiguity regarding what social justice is poses a barrier to social justice pursuits. Analysis of qualitative interview data from practitioners resulted in a multidimensional conceptualization of social justice as social systems, resources, and transformative respect. Clinical social workers in the field of mental health with an enhanced understanding of social justice may be better prepared to meet the profession's social justice aims.     

I. Patients of the treatment division of the judge baker guidance center 1

Abstract

There is a growing emphasis in the social work literature that social work's overall mission should be that of social justice and that mental health be relegated as outside of social work's realm. This paper draws upon a constructionist and narrative perspective in developing a general formulation of clinical social work to bridge the gap between social justice and mental health.     

Involvement in the Juvenile Justice System for African American Adolescents: Examining Associations with Behavioral Health Problems

While researchers have found that African American youth experience higher levels of juvenile justice involvement at every system level (arrest, sentencing, and incarceration) relative to their other ethnic counterparts, few studies have explored how juvenile justice involvement and number of contacts might be correlated with this broad range of problems. A convenience sample of 638 African American adolescents living in predominantly low-income, urban communities participated in a survey related to juvenile justice involvement. Major findings using logistic regression models indicated that adolescents who reported juvenile justice system involvement versus no involvement were 2.3 times as likely to report mental health problems, substance abuse, and delinquent or youth offending behaviors. Additional findings documented that the higher the number of juvenile justice system contacts, the higher the rates of delinquent behaviors, alcohol and marijuana use, sex while high on drugs, and commercial sex. These findings suggest that identifying and targeting youth who have multiple juvenile justice system contacts, especially those in low-resourced communities for early intervention services, may be beneficial. Future research should examine whether peer network norms might mediate the relationships between juvenile justice involvement and youth problem behaviors.     

Build the social justice bridge: participatory photography with the international group work community

ABSTRACT

“Build the Social Justice Bridge” was a participatory photography project that engaged international group workers in an assessment of group work as a social justice profession. Inspired by principles of photovoice research, the project invited social work students, educators, and practitioners from around the world to contribute photographs and brief narratives that represented the relationship between group work and social justice. The photographs were exhibited during the opening session of the 2018 Symposium of the International Association for Social Work with Groups (IASWG) in South Africa, where more than 200 participants from ten countries reflected on the meaning of the photos for the group work community. In viewing the photos, symposium participants identified a common vision of social justice as well as culturally-specific approaches to group work. Implications are drawn for the internationalization of professional knowledge.     

现代性语境下的职业倦怠

社会-文化-历史的职业倦怠观认为,职业倦怠并不是某一阶段单一个体的突发状况,而是社会结构在个体身上的投影.现代社会结构的建立和形成,与我们中的每一个体息息相关,影响着现代人的生产、生活.世俗化与精神危机、社会分层及流动与职业追求、转型期的职业声望、科层制与现代企业组织理性化和现代生活方式等这些现代性的具体表征都对现代人...     

义与利的本质和目前我国义利观建设的根本原则

义与利是上层建筑与经济基础的另一表达形式 ;社会主义初级阶段义利观建设应该明确什么是社会主义初级阶段最根本的利与义 ,正确对待义利观的“一元”与“多元”的统一 ,强调对社会主义初级阶段生产关系的尊重和完善 ,强调对“四项基本原则”的尊重和维护 ,特别注意从理顺现实的利益关系出发 ,加强法治 ,以法治促德治。     

Criminal defendants’ family and the death penalty in China - a case analysis

ABSTRACT

The restorative justice movement has increased the rights of consciousness for crime victims and their families globally. Though the practice of family group conferences in Australia and New Zealand and the court-ordered mediation programmes in China have increasingly involved defendants and their families, their roles in the criminal justice system have not been the main focus of academic inquiries. Citing a high-profile capital case in China, the Nian Bin case, this study examines the defendant family’s strategies in seeking legal redress, managing physical, emotional and financial tolls as well as coping with the victim families, throughout their eight-year pursuit of Nian’s exoneration. Given Confucian teachings on the importance of family to the individual and the society at large, this study provides a microscopic view into various precipitating factors for a capital defendant’s family activism. It also draws broader implications for China’s criminal justice reforms and the restorative justice movement.     

Doing Justice Intelligently in Civil Society

Empirically, justice might be immanently holistic—with procedural, distributive, restorative, and social justice positively correlated. Restorative justice may be about creating spaces where the various imperfectly correlated facets of holistic justice might cohere. State institutions of justice (such as criminal courts) with deeply embedded traditions of narrowing the meaning of justice (to proportional punishment, for example) are less fertile soil for holistic justice than civil society. Beyond a move to holism and to civil society, the contributions to this special issue imply a move to what Sherman calls "emotionally intelligent justice." This means nurturing the expression of vulnerable emotions and trying to avert the provocation of aggressive or stigmatizing emotions.     

社会正义与政府责任

在现实生活中,人们总要求政府承担起社会正义的责任,但却不知道怎样才是对政府责任的证成;而在现实的政治生活中,批评政府作为不当或不作为的事情并不少见。本文在论述政府对社会正义责任的证成的基础上,提出了社会正义的维度,以及社会正义实现的决策方法。尤其给出了社会公正度的函数和数学模型,这一量化标准,对于推动社会公正的决策提供了可行的途径,有助于社会公平正义的实现。     

《资本论》的经济正义观与我国经济正义的构建

《资本论》包含着大量的经济伦理方面的思想,尤其是关于经济正义问题的思考。从"物的人格化"到"人的人格化",体现着马克思经济正义观的人文关怀;"重建个人所有制"的重要命题,为马克思倡导的经济正义观提供了现实路径。《资本论》所体现的经济正义观是现实的、革命的,有着历史唯物主义的理论品格,对我国经济正义的建设有重要的理论价值和现实意义。