Dimensions of Restorative Justice

Restorative justice proponents tend to focus their attention on criminal justice initiatives in a small number of developed countries, but restorative processes (which encourage citizens to negotiate among themselves, rather than rely on professionals to adjudicate), and restorative values (which emphasize the importance of repairing and preventing harm), can be found across a wide range of regulatory fields. Teachers, social workers, corporate regulators, civil mediators, members of truth commissions, diplomats, and peacekeepers all—at least some of the time—practice a variety of restorative justice. Consideration of these often-neglected examples can help refine current restorative justice theory and practice, which in turn has insights to offer practitioners and researchers in these fields.     

Youth Justice in New Zealand: Restorative Justice in Practice?

The Children, Young Persons, and Their Families Act 1989 put in place new objects, principles, and procedures for youth justice in New Zealand. Both the philosophy underpinning this system and the use of family group conferences exemplify a restorative justice approach that has now been adopted in many other countries. This article describes these changes and presents some of the results of recently published research that examines the extent to which young offenders have been diverted from courts and custody, held accountable for their actions, and had their wellbeing enhanced. It suggests that the New Zealand youth justice system has achieved many but not all of its goals, and that there are still aspects where improvement is possible.     

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。     

Victim Evaluations of Face-to-Face Restorative Justice Conferences: A Quasi-Experimental Analysis

One major goal of face-to-face restorative justice (RJ) is to help heal the psychological harm suffered by crime victims ( Braithwaite, 2002 ). Substantial evidence from randomized controlled trials (RCTs) has shown that this can be accomplished ( Strang, 2002 ) and more trials are underway ( Sherman & Strang, 2004 ). These outcomes are even more clearly, if less rigorously, demonstrated through retrospective interviews of victims about their feelings before and after RJ took place. We review the responses of victims ( N = 210) who participated in trials in Canberra (Australia) and in London, Thames Valley, and Northumbria (UK). Despite substantial variations in offense types, social contexts, nation and race, before-after changes revealed by qualitative and quantitative data are all in the same beneficial direction.     

确立公平与效率的法治标准

构建社会主义和谐社会,必须解决公平与效率的关系。公平与效率存在于动态的社会关系中,解决公平与效率问题,首先要研究判断公平与效率的价值标准,有了判断的价值标准,才能把握动态的社会关系。当前中国在发展市场经济的过程中,要进一步推进改革,必须以法治为手段,才能解决公平与效率的关系问题,深层次是解决公民权利保障问题。只有通过法治途径解决公平与效率的关系,才能从根本上解决公民权利保障问题。法治能够以理性的态度,构架社会公平与正义价值观,法治调整下的公平与效率,符合人类社会的根本追求目标。     

度义因民:谋略的适用法则——兼论儒家"义利之辩"的现代转化

中国谋略文化起源于春秋战国时期的兵家,由于"不战而能屈人之兵".被逐渐广泛用到社会生活的各个方面.在当代,随着市场经济的迅猛发展,谋略文化又掀起了新的热潮.正所谓"贤则谋,不肖则欺",谋略的滥用也带来了诸多社会问题,如政治上玩弄权术、经济上坑蒙拐骗、社会交往中勾心斗角.为避免这些负面影响,先贤早就提出了"度义因民"的权谋适用法则,其中谈论"义"最典型的就是儒家的"义利之辩",但儒家的"义"强调宗法血缘等级制,与当今公平正义的标准有一定距离.为此,我们应弥补传统儒家"义"的缺失,建构符合现代标准的正义内容,将谋略的使用限制在合理合法的范围内.     

School Bullying and Restorative Justice: Toward a Theoretical Understanding of the Role of Respect, Pride, and Shame

The adverse effects of school bullying and victimization have been well documented; yet, there has been little theoretical development in understanding these heterogeneous behavior patterns. This study integrates three theories that support the practice of restorative justice in responding to school bullying: Scheff's theory of unacknowledged shame, Braithwaite's reintegrative shaming theory; and Tyler's procedural justice theory. Specifically, the aim is to test the constructs of shame management (shame acknowledgment and shame displacement) and group value (pride, respect, and emotional group value) in explaining differences across four bullying status groups: nonbully/nonvictim, victim, bully, bully/victim. The results reveal different, but predictable, patterns of social and emotional disconnection from school across these groups. The importance of being emotionally intelligent when addressing bullying behaviors is discussed.     

依法治国必须弘扬正义法精神

由依法治国、依法治省到依法治市 (县、乡 )的全面依法治理 ,标志着中国已经实现了治国方式的重大转型。然而 ,由于对法治精神与原则把握和贯彻上的误区和障碍 ,却出现了工具主义、实用主义和懈怠主义倾向 ,使依法治理严重偏离法治目标。为此 ,必须对法治条件下的正义法精神予以重申和弘扬。这种体现时代要求的正义法精神 ,在价值导向上 ,以自由和平等为至上关怀 ;在规范形式上 ,以权利本位为基本模式取向 ;在制度理想上 ,以民主化法制为目标追求。只有弘扬正义法精神 ,才能克服依法治理过程中的不良倾向而使其沿着正确轨道走向法治 ,也才能实现法律规范体系与法的时代精神的耦合 ,从而建立起内在自觉、普遍有效的理性法治秩序 ,推动法治国家早日建立     

Breaking Silence,Building Solutions: The Role of Social Justice Group Work in the Retention of Faculty of Color

In spite of their many diversity initiatives, predominantly White colleges and universities have a poor track record in the recruitment and retention of faculty of color. This article unpacks the White privilege inherent in barriers to retention by focusing on three standards commonly used to make promotion and tenure decisions: teaching, service, and scholarship. A story of two Native American women faculty members denied academic advancement at a predominantly White university 30 years apart illustrates the White racism that underscored these decisions. Approaches to social justice group work are suggested for addressing the retention of faculty of color in the future.     

自然正义与约定正义

《希腊哲学史》第 2卷中曾经对希腊的“自然”与“约定”的问题进行过较为详尽的讨论。① nomos与 physis翻译为“自然”与“约定” ,不尽准确 ,所以我们一直倾向于直接用这两个字的西文字。Nomos常常被译为“约定” ,这在汉语中便与“约”、“契约”、“社会契约”等一系列理念发生了联系。但是本文希望阐明的是 ,希腊并不存在“与神立约” ,也不存在近代意义上的“社会契约论”。不过 ,这并不妨碍希腊人在“自然还是约定”的话语体系中思考类似的政治伦理问题 ,包括哲学家的城邦国家形成论 ,国际盟约的反思 ,② 以及借贷与租赁、置卖协议、释放奴隶的字契等等交易契约等。它们后面往往也会有希腊式神灵的特殊在场监临。本文从希腊早期的自然正义 ,雅典民主时代对于nomos的质疑与探讨 ,雅典后期哲学家的重新建立自然正义等三个阶段对此做一个分析。最后 ,我们对比近代社会契约论思想 ,以揭示正义观的古今异同。     

Restorative Practices and Child Welfare: Toward an Inclusive Civil Society

Child welfare systems in the United States are failing to include families in making plans, and this reduces their success in stabilizing children's placements and promoting children's well-being. A North Carolina study demonstrates how one restorative practice—family group conferencing (FGC)—advances family participation in child welfare planning. A sample of 27 conferences showed that the 221 family group members outnumbered the 115 service providers at the meetings. Family group members were usually satisfied with the conference process and decision and saw the plans as primarily reached through consensus, following a trusted leader, and bargaining. Satisfaction with the decision was reduced when bargaining was employed. Manipulation was more likely to occur when conference preparations were inadequate.     

Restorative justice for juvenile offenders in China: Current practices and challenges

ABSTRACT

In recent decades, restorative justice has gained considerable recognition worldwide and has become a prominent option for diverting juveniles away from the traditional criminal justice system as well as delivering fair and just outcomes in the justice process. This paper provides an overview of how the criminal justice system operates for juvenile offenders in the People’s Republic of China (hereafter, China). Based on a sophisticated literature review of recent Chinese academic journal articles on restorative justice for juveniles, the paper presents an analysis of the characteristics and operational procedures of current practices. Deficits and potential future developments pertaining to Chinese restorative practices for delinquents are also discussed.     

Restorative justice for delinquents in Hong Kong: current practices and challenges

ABSTRACT

In Hong Kong, juvenile justice embraces mainly disciplinary welfare and rehabilitative philosophies. Various statutory measures are applied to juvenile offenders, including police cautioning, community-based treatment programmes and custodial sentencing options. However, no statutory restorative measure has yet been incorporated into the mainstream criminal justice system in Hong Kong. Several non-governmental organisations are developing innovative strategies to prevent problematic adolescents from slipping into delinquency and are willing to apply restorative practices to help delinquents desist from engaging in criminal careers. This study begins with main features of restorative justice, and it highlights the preventive and correctional services for delinquents in Hong Kong. The study also questions the explanations offered by the government for not implementing restorative justice. By comparing restorative options for juveniles in some Asian jurisdictions, the study advocates for an earlier introduction of restorative justice for the benefits of juvenile offenders.     

妥善处理干部教育中的若干关系

当前我国于部教育的形势发生了许多新的变化,面临的新问题、新矛盾也越来越多。这些问题和矛盾涉及到理论研究与实践创新、政治培训与业务培训、培训时间与培训效果、管理与服务、学术研究与讲坛纪律、教师与学员等多方面的关系。正确认识和处理好这些关系是新时期干部教育面临的重要课题。     

Social Work: Gender, Care and Justice

Correspondence to: Joan Orme, Department of Social Policy and Social Work, Lilybank House, Bute Gardens, University of Glasgow, Glasgow G12 8RT, UK. Summary This article, in examining gender and justice, seeks to examinethe relationship between feminist theory and social work. Specificallyit reviews writings on social work ethics and suggests thatlittle attention has been paid to feminist scholarship thatresonates with social work practice. Focusing primarily on communitycare, it demonstrates how debates within feminism have becomemore complex and have problematized understandings of both careand justice. It argues that for social work it is unhelpfulto dichotomize justice and care; we should aspire to just socialwork practice.