
Contents
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10.1 What Is Restorative Justice? 10.1 What Is Restorative Justice?
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10.2 Restorative Justice and Victim-Offender Mediation 10.2 Restorative Justice and Victim-Offender Mediation
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10.3 Criticisms of Restorative Justice 10.3 Criticisms of Restorative Justice
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10.4 The Rule of Law 10.4 The Rule of Law
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10.5 Expanding our Conception of the Rule of Law? 10.5 Expanding our Conception of the Rule of Law?
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10.6 Adjudicating the Debate between Restorative Justice and the Rule of Law 10.6 Adjudicating the Debate between Restorative Justice and the Rule of Law
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10.7 Conclusion 10.7 Conclusion
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Notes Notes
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References References
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10 Restorative Justice
Get accessChristopher Bennett is Professor of Philosophy at the University of Sheffield
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Published:22 October 2024
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Abstract
This chapter asks whether restorative justice is compatible with the rule of law. It outlines restorative justice, explaining that it is often thought of as a variety of informal justice. While there are attractions to its critique of existing justice systems, a range of criticisms are introduced that concentrate on problems with its character as a type of informal justice. It is suggested that these criticisms have to do with the value of the rule of law: informal justice risks losing the benefits of dealing with crime in characteristically legal ways. However, there are different variants of restorative justice, which demand different levels of reform of existing justice systems (or their abolition), and different levels of informality. There are also different conceptions of the rule of law. Furthermore, the chapter introduces the idea of a distinctive rule of criminal law. While the rule of law, construed a certain way, seems to preclude restorative justice, this does not rule out the possibility that the most adequate conception of both would be mutually compatible. One route to a possible reconciliation is sketched.
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