Abstract
Restorative justice is highly promising as an effective approach to better supporting victims, reducing reoffending, and lowering costs. The challenge it faces is a dual hurdle of limited applicability and lack of public confidence. The issue is how we might better embed restorative justice in the criminal justice system so its promising effectiveness could be shared more widely while increasing public confidence. This chapter explores the new approach of punitive restoration, which gives more tools for restoration including a wider punitive element. Its goal is to win support for greater use of restorative practices and a less punitive criminal justice system overall.
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Notes
- 1.
There is a further concern that there is a gap between the rhetoric of restorative justice approaches and their practical achievements that will not be considered here (Daly 2003, 219).
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One study found that restorative conferences often include friends and family of the victim and of the offender, respectively, in 73 and 78 percent of cases examined. Parents were far more likely to attend restorative conferences (50 percent of offenders and 23 percent of victims) than partners (3 percent of offenders and 5 percent of victims) (Shapland et al. 2007, 20).
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- 4.
A unified theory of punishment may be constructed in different ways. The construction favored here is to view crime as a harm to individual rights and punishment as a response to crime with the purpose of protecting and maintaining individual rights. This model rejects the view that penalties and hard treatment have different justificatory foundations; rather, they share a common justificatory source: the protection and maintenance of rights. The model of a unified theory can then better address the fact that penal outcomes are often multidimensional and include both financial and punitive elements (Brooks 2021).
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Brooks, T. (2023). Punitive Restoration. In: Altman, M.C. (eds) The Palgrave Handbook on the Philosophy of Punishment. Palgrave Handbooks in the Philosophy of Law. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-11874-6_29
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