Restorative Justice and Responsive Regulation

Paperback | October 15, 2002

byJohn Braithwaite

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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 thanexisting 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 regulatoryframework 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 hesupports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

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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 thanexisting criminal justice practices. Counterintu...

John Braithwaite is professor of Law at Australian National University. He is currently a visiting professor at New York University School of Law. He is the author of Responsive Regulation (OUP,1995) with Ian Ayers.
Format:PaperbackDimensions:336 pages, 5.98 × 9.09 × 0.91 inPublished:October 15, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195158393

ISBN - 13:9780195158397

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"John Braithwaite's recent book, Resorative Justice and Responsive Regulation, is an impressive achievement. Braithwaite weaves together an exhaustive review of empirical research on restorative justice programs and an overview of their theoretical foundations to make a compelling case forexpanding the role of such programs in our criminal justice system." - - he Law and Politics Book Review