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According to the lecture notes, what is restorative justice known for?
According to the lecture notes, what is restorative justice known for?
Who wrote a book titled 'Le complex de Cain', which discusses topics related to terrorism, hatred, and brotherly rivalry?
Who wrote a book titled 'Le complex de Cain', which discusses topics related to terrorism, hatred, and brotherly rivalry?
Gerard Haddad
According to the lecture, justice represented by a woman with shaded eyes is depicted as ____.
According to the lecture, justice represented by a woman with shaded eyes is depicted as ____.
neutral
Retribution is the most ancient and dominant model of justice according to the lecture notes.
Retribution is the most ancient and dominant model of justice according to the lecture notes.
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Name one of the fundamental characteristics of Restorative Justice (RJ) mentioned in the text.
Name one of the fundamental characteristics of Restorative Justice (RJ) mentioned in the text.
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Which forms of justice are centralized on force and coercion, as mentioned in the text?
Which forms of justice are centralized on force and coercion, as mentioned in the text?
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Restorative Justice aims primarily at peace and love reconciliation.
Restorative Justice aims primarily at peace and love reconciliation.
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Responsive Regulation is a flexible and dynamic _______________ system.
Responsive Regulation is a flexible and dynamic _______________ system.
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What are the key factors that legitimacy depends on according to empirical studies in sociology and criminology?
What are the key factors that legitimacy depends on according to empirical studies in sociology and criminology?
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What is the focus of the judicial or adversarial litigation model?
What is the focus of the judicial or adversarial litigation model?
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In the judicial adversarial litigation method, the third party's role is not important.
In the judicial adversarial litigation method, the third party's role is not important.
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Which theory stands for prevention to avoid retaliating?
Which theory stands for prevention to avoid retaliating?
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Deterrence is grounded on intimidation and coercion to promote obedience.
Deterrence is grounded on intimidation and coercion to promote obedience.
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What is the aim of special prevention?
What is the aim of special prevention?
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The threatened consequence in deterrence must be ____________.
The threatened consequence in deterrence must be ____________.
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Match the following models of justice with their concepts:
Match the following models of justice with their concepts:
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According to the document, what is the key aspect of judicial adversarial litigation models?
According to the document, what is the key aspect of judicial adversarial litigation models?
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In negotiated settlements, the domain is compromise, reciprocal concession, and autonomous decision-making by the parties.
In negotiated settlements, the domain is compromise, reciprocal concession, and autonomous decision-making by the parties.
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What is the primary role of a mediator in negotiations?
What is the primary role of a mediator in negotiations?
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In negotiated settlements, parties must accept the __ mechanism for resolving disputes.
In negotiated settlements, parties must accept the __ mechanism for resolving disputes.
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Match the following conflict resolution outcomes to their descriptions:
Match the following conflict resolution outcomes to their descriptions:
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Why is Restorative Justice (RJ) considered more preferable than negotiated settlements in a responsive regulatory system?
Why is Restorative Justice (RJ) considered more preferable than negotiated settlements in a responsive regulatory system?
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According to the content, what should be the approach when using punishment?
According to the content, what should be the approach when using punishment?
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Restorative Justice (RJ) is viewed as the most democratic method for addressing conflicts.
Restorative Justice (RJ) is viewed as the most democratic method for addressing conflicts.
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Punitive justice revolves around force and coercion.
Punitive justice revolves around force and coercion.
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What are the key features of restorative justice as mentioned in the content?
What are the key features of restorative justice as mentioned in the content?
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What is the basis at the top of the responsive regulation pyramid?
What is the basis at the top of the responsive regulation pyramid?
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According to Tom Tyler, people comply with the law voluntarily when they perceive the law to be just, fair, legitimate and not because they fear __________.
According to Tom Tyler, people comply with the law voluntarily when they perceive the law to be just, fair, legitimate and not because they fear __________.
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We now move to the third and last point of the lecture: ________.
We now move to the third and last point of the lecture: ________.
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What is the main focus of the Circle Up documentary?
What is the main focus of the Circle Up documentary?
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According to the content, what form does Restorative Justice (RJ) take?
According to the content, what form does Restorative Justice (RJ) take?
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The main legal instruments dedicated to Restorative Justice (RJ) are binding legal documents.
The main legal instruments dedicated to Restorative Justice (RJ) are binding legal documents.
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According to the content, 'Restorative outcome' refers to an agreement reached as a result of a restorative process, aimed at meeting the individual and collective needs and responsibilities of the parties and achieving the __________ of the victim and the offender.
According to the content, 'Restorative outcome' refers to an agreement reached as a result of a restorative process, aimed at meeting the individual and collective needs and responsibilities of the parties and achieving the __________ of the victim and the offender.
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What does the term 'RJ' stand for in the context provided?
What does the term 'RJ' stand for in the context provided?
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In the context provided, what is stressed about prisoners participating in restorative justice programmes?
In the context provided, what is stressed about prisoners participating in restorative justice programmes?
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What is the key concept that hasn't changed much from the 1999 resolution to the 2018 recommendation?
What is the key concept that hasn't changed much from the 1999 resolution to the 2018 recommendation?
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The 2018 recommendation only concerns mediation in penal matters.
The 2018 recommendation only concerns mediation in penal matters.
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Study Notes
Restorative Justice Course Overview
- The course focuses on the exploration of restorative justice, its theory, and practice, including philosophical and juridical perspectives.
- The course will examine the key issues restorative justice addresses, such as conflict and violence, and the aspiration for peace and justice.
The Issues at Stake
- Restorative justice is a non-violent, participatory, and deliberative way to resolve conflicts and respond to injustices.
- The concept of brotherhood and the relationships between brothers can be problematic, as seen in the killing of Cain and Abel in the Bible and the founding of Rome.
- The brother is a symbol of any other, and the love towards brothers is not easy or spontaneous.
- Frécocity, a French word coined by Lacan, mixes brotherhood with ferocity, highlighting the complexity of relationships between brothers.
- Examples of places where conflicts are hard to solve include South Africa, Israel, and Palestine, where people share common land and must coexist.
Models of Justice
- Justice is used to respond to wrongdoing, not to address social justice or inequalities.
- The traditional model of justice is retribution, which aims to respond to evil with evil, often through punishment and violence.
- Retribution is problematic, as it can lead to an increase in violence and does not address the root causes of wrongdoing.
- Alternative models of justice include negotiated agreements, rehabilitation, reparations, and forgiveness.
- Prevention is another theory, which aims to prevent wrongdoing through general and special prevention strategies.
- General prevention addresses the general population, while special prevention addresses those who have already offended.
- Deterrence is a popular form of general prevention, which uses the threat of punishment to deter individuals from committing crimes.
- Incapacitation is a form of special prevention, which aims to prevent re-offending by neutralizing offenders.
Critique of Traditional Justice Models
- Retribution and prevention models are based on force and coercion, which are not compatible with democratic values.
- These models can lead to an increase in violence and do not address the root causes of wrongdoing.
- Deterrence and incapacitation can be problematic, as they use intimidation and violence, which can be counterproductive.
Restorative Justice as an Alternative
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Restorative justice is a participatory, rule-centered model of justice that requires consent and compliance.
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It addresses the root causes of wrongdoing and focuses on rehabilitation and reintegration.
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Restorative justice is based on democratic values, such as respect for human rights and the protection of life.
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It is a more effective and sustainable way to address conflicts and wrongdoing, as it promotes voluntary compliance and social inclusion.### Restorative Justice and Responsive Regulation
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Restorative justice is an alternative approach to justice that focuses on repairing the harm caused by a crime, rather than punishing the offender.
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It is based on the principles of voluntariness, participation, active involvement, togetherness, dialogue, encounter, and deliberative processes.
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Restorative justice is a democratic way of responding to injustices, as it involves all parties affected by the crime in the resolution process.
Critique of Traditional Punitive Justice
- Traditional punitive justice systems are based on force, coercion, and punishment, which can be counterproductive and lead to more harm.
- These systems are often distant, abstract, and formalistic, and can be unresponsive to the needs of victims and offenders.
- Punitive justice systems can also be based on the idea of retaliation and revenge, rather than public virtue and justice.
Restorative Justice and Democracy
- Restorative justice is a way of responding to injustices that is consistent with democratic values, as it involves the participation of all parties affected by the crime.
- It is a method of promoting democracy and public virtue, as it encourages citizens to take an active role in the resolution of conflicts.
- Restorative justice can help to promote a sense of public ownership and responsibility, as it involves citizens in the resolution of conflicts.
Responsive Regulation
- Responsive regulation is an approach to regulation that is based on the idea of responding to the conduct of those being regulated.
- It is a flexible and dynamic system that can adjust to different situations, and can be used in a variety of contexts, including criminal justice and environmental protection.
- Responsive regulation is based on the idea of using persuasion and dialogue to encourage compliance, rather than relying on coercion and punishment.
Features of Responsive Regulation
- Flexibility and dynamism, as the system can adjust to different situations and contexts.
- Ability to respond to the conduct of those being regulated, rather than relying on a one-size-fits-all approach.
- Use of persuasion and dialogue to encourage compliance, rather than coercion and punishment.
- Emphasis on building voluntary compliance and promoting a sense of public ownership and responsibility.
Examples of Responsive Regulation
- Australia has used responsive regulation in a variety of contexts, including environmental protection and criminal justice.
- The South Australian Environmental Protection Authority has used responsive regulation to promote compliance and enforcement in a way that is proportional, consistent, transparent, and timely.
Conclusion
- Restorative justice and responsive regulation offer a new model of justice that is based on democratic values and principles.
- This model is focused on promoting public virtue and justice, rather than relying on punishment and coercion.
- It is a way of responding to injustices that is more effective, efficient, and fair, and can help to promote a more peaceful and just society.### Punitive Justice vs. Restorative Justice
- Punitive justice is offender-centered, requiring the offender to punish, whereas the victim is irrelevant.
- Punitive justice is unable to look at the future, only focusing on the past and the legal deed deserving punishment.
- Punitive justice simplifies the quest for justice, downgrading it to the use of punishment, which is not effective in solving problems.
Restorative Justice
- Restorative justice is an innovative approach that protects rather than controls, focusing on the future and the well-being of people and communities.
- Restorative justice involves rules of conduct that demand voluntary compliance, with rules issued after voluntary and participatory processes involving those regulated.
- Participation and compliance are fundamental, and rules are meant to protect fundamental human needs and rights, rather than punish disobedience.
- Restorative justice uses positive sanctions, based on voluntary compliance, and focuses on reparation, restitution, and corrective actions.
Components of Restorative Justice
- Respect
- Persuasion
- Participation
- Fairness
- Responsibility-taking
- Positive sanctions
- Forward-looking engagements
- Victims, offenders, and citizens are all involved
Reactions to Restorative Justice
- Respect
- Motivation
- Commitment
- Compliance
- Desistance
- Mobilization of personal resources
- Ownership
- Empowerment
Legitimacy and Compliance
- Legitimacy is essential for compliance, with people complying with the law voluntarily when they perceive it to be just, fair, and legitimate.
- Legitimacy depends on the capability of norms to protect essential goods and human rights, procedural fairness, and the degree of democracy in the system.
Conflict Resolution Methods
- Judicial/Adversarial Litigation
- Decision-making process is a judgment according to the law
- Third party is fundamental, holding the power to issue the judgment
- Adversarial debate is required, with parties opposing each other
- The law plays a crucial role, with rules seen as obligations, orders, or commands
- Negotiated Settlements
- Domain of compromise and reciprocal concession
- Demands are reciprocally reduced, and conflicting interests are sorted out
- Autonomy of the parties is essential, with the process fully owned by the parties
- Negotiations can be carried out with or without the help of a third party (mediator)
- Restorative Justice
- Focuses on the harm, needs, and obligations of all affected parties
- Aims to create a plan to heal the harm and avoid repetition
- Involves participation, respect, and fairness, with a focus on the future and well-being
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Description
Learn about the principles and practices of restorative justice through this course notes from the University Cattolica del Sacro Cuore. Discover the concept of restorative justice and its applications.
