TY - CHAP
T1 - Restorative Justice and the Potential of 'Exemplarity': In Search of a 'Persuasive' Coherence Within Criminal Justice
AU - Mazzucato, Claudia
PY - 2017
Y1 - 2017
N2 - A philosophical exploration in the field of RJ is proposed in this chapter. The contribution highlights the difference between criminal justice system which focuses on punishment, coercion, deterrence, incapacitation, enforcement, and negative sanctions, with restorative justice and responsive regulation which focus on rule of conduct, compliance, persuasion, participation, positive sanctions, and reparation. The author argues that restorative justice can show criminal law how to 'work' in a different way and to rethink its aims, drafting an idea in which the law and the justice system have the primary task to protect, not to control or punish. Participation and compliance play a central role, both in designing norms and in responding to their violations. A new theory of criminal law in which norms of conduct are more important than mere sanctions is put forward. Basing her arguments on the philosophical concepts of 'example' and 'exemplarity', as proposed by Alessandro Ferrara, the author argues that restorative justice-oriented norms talk about the experience of injustices with the 'force of example', where 'is' and 'ought' merge. In the frame of restorative justice and responsive regulation, norms address the citizens as examples do, and stimulate their reflective judgment, persuading them, and asking them to comply. In this frame, sanctions too should address citizens as examples do, stimulating their reflective judgment, persuading them, and asking them to comply.
AB - A philosophical exploration in the field of RJ is proposed in this chapter. The contribution highlights the difference between criminal justice system which focuses on punishment, coercion, deterrence, incapacitation, enforcement, and negative sanctions, with restorative justice and responsive regulation which focus on rule of conduct, compliance, persuasion, participation, positive sanctions, and reparation. The author argues that restorative justice can show criminal law how to 'work' in a different way and to rethink its aims, drafting an idea in which the law and the justice system have the primary task to protect, not to control or punish. Participation and compliance play a central role, both in designing norms and in responding to their violations. A new theory of criminal law in which norms of conduct are more important than mere sanctions is put forward. Basing her arguments on the philosophical concepts of 'example' and 'exemplarity', as proposed by Alessandro Ferrara, the author argues that restorative justice-oriented norms talk about the experience of injustices with the 'force of example', where 'is' and 'ought' merge. In the frame of restorative justice and responsive regulation, norms address the citizens as examples do, and stimulate their reflective judgment, persuading them, and asking them to comply. In this frame, sanctions too should address citizens as examples do, stimulating their reflective judgment, persuading them, and asking them to comply.
KW - Criminal Justice Reform
KW - Exemplarity (philosophy)
KW - Norms of Conduct in Criminal Law
KW - Restorative Justice
KW - Theory of judgment
KW - Theory of punishment
KW - Criminal Justice Reform
KW - Exemplarity (philosophy)
KW - Norms of Conduct in Criminal Law
KW - Restorative Justice
KW - Theory of judgment
KW - Theory of punishment
UR - http://hdl.handle.net/10807/109224
UR - https://www.bloomsburyprofessional.com/uk/critical-restorative-justice-9781509906635/
M3 - Chapter
SN - 9781509906635
SP - 241
EP - 258
BT - Critical Restorative Justice
ER -