RESTORATIVE JUSTICE AS AN ALTERNATIVE TO PENAL PUNISHMENT - EXPERIENCES FROM HISTORY
Objective: to analyze the history, formation and development of restorative justice (mediation).Methods: the dialectic approach to the cognition of social phenomena, which allows to analyze them in their historical development and functioning, in the context of the unity of objective and subjective...
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| Format: | Article |
| Language: | English |
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Tatar Educational Center “Taglimat” Ltd.
2016-12-01
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| Series: | Russian Journal of Economics and Law |
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| Online Access: | https://www.rusjel.ru/jour/article/view/2038 |
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| _version_ | 1846117081180798976 |
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| author | A. Kuhlmann H. Kury |
| author_facet | A. Kuhlmann H. Kury |
| author_sort | A. Kuhlmann |
| collection | DOAJ |
| description | Objective: to analyze the history, formation and development of restorative justice (mediation).Methods: the dialectic approach to the cognition of social phenomena, which allows to analyze them in their historical development and functioning, in the context of the unity of objective and subjective factors, determined the choice of research methods: formal-logical, comparative-legal, and sociological.Results: this article provides an overview of the main themes and controversies in the restorative justice discussions in Europe and the US with special attention to the role of victims and mediators. This discussion is contextualized through a short description of the history of both state-centered and community-oriented restorative systems in response to law violation. Indigenous and pre-state formation responses to crime have predominantly been of a restorative nature with the interest in healing the harm experienced by all participants with the aim of addressing social problems and strengthening the community as a whole.Scientific novelty: for the first time the article proves that at the outset mediation was established to help victims, it was intended to offer them a possibility for some resolution after experiences of victimization and opportunities for restitution of the damages. The meanwhile broad research results show clearly that this aim can be reached if this measure is practised professionally. Most victims find that they benefit from participation in mediation; they have a better chance to overcome the emotional and material damage caused by the crime than in traditional penal procedures. Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activity when considering the issues of the essence, content and functioning of restorative justice (mediation). |
| format | Article |
| id | doaj-art-fa322d26a04c413b841024521366e94f |
| institution | Kabale University |
| issn | 2782-2923 |
| language | English |
| publishDate | 2016-12-01 |
| publisher | Tatar Educational Center “Taglimat” Ltd. |
| record_format | Article |
| series | Russian Journal of Economics and Law |
| spelling | doaj-art-fa322d26a04c413b841024521366e94f2024-12-18T11:47:02ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232016-12-0110412614910.21202/1993-047X.10.2016.4.126-1492036RESTORATIVE JUSTICE AS AN ALTERNATIVE TO PENAL PUNISHMENT - EXPERIENCES FROM HISTORYA. Kuhlmann0H. Kury1University of Wisconsin-Baraboo, Baraboo, USAUniversity of Freiburg, Max Planck-Institute for Foreign and International Penal Law, Department of Criminology (ret.), Freiburg, GermanyObjective: to analyze the history, formation and development of restorative justice (mediation).Methods: the dialectic approach to the cognition of social phenomena, which allows to analyze them in their historical development and functioning, in the context of the unity of objective and subjective factors, determined the choice of research methods: formal-logical, comparative-legal, and sociological.Results: this article provides an overview of the main themes and controversies in the restorative justice discussions in Europe and the US with special attention to the role of victims and mediators. This discussion is contextualized through a short description of the history of both state-centered and community-oriented restorative systems in response to law violation. Indigenous and pre-state formation responses to crime have predominantly been of a restorative nature with the interest in healing the harm experienced by all participants with the aim of addressing social problems and strengthening the community as a whole.Scientific novelty: for the first time the article proves that at the outset mediation was established to help victims, it was intended to offer them a possibility for some resolution after experiences of victimization and opportunities for restitution of the damages. The meanwhile broad research results show clearly that this aim can be reached if this measure is practised professionally. Most victims find that they benefit from participation in mediation; they have a better chance to overcome the emotional and material damage caused by the crime than in traditional penal procedures. Practical significance: the main provisions and conclusions of the article can be used in scientific and educational activity when considering the issues of the essence, content and functioning of restorative justice (mediation).https://www.rusjel.ru/jour/article/view/2038criminal lawrestorative justicemediationpunitive justiceingenuous justiceislamic law |
| spellingShingle | A. Kuhlmann H. Kury RESTORATIVE JUSTICE AS AN ALTERNATIVE TO PENAL PUNISHMENT - EXPERIENCES FROM HISTORY Russian Journal of Economics and Law criminal law restorative justice mediation punitive justice ingenuous justice islamic law |
| title | RESTORATIVE JUSTICE AS AN ALTERNATIVE TO PENAL PUNISHMENT - EXPERIENCES FROM HISTORY |
| title_full | RESTORATIVE JUSTICE AS AN ALTERNATIVE TO PENAL PUNISHMENT - EXPERIENCES FROM HISTORY |
| title_fullStr | RESTORATIVE JUSTICE AS AN ALTERNATIVE TO PENAL PUNISHMENT - EXPERIENCES FROM HISTORY |
| title_full_unstemmed | RESTORATIVE JUSTICE AS AN ALTERNATIVE TO PENAL PUNISHMENT - EXPERIENCES FROM HISTORY |
| title_short | RESTORATIVE JUSTICE AS AN ALTERNATIVE TO PENAL PUNISHMENT - EXPERIENCES FROM HISTORY |
| title_sort | restorative justice as an alternative to penal punishment experiences from history |
| topic | criminal law restorative justice mediation punitive justice ingenuous justice islamic law |
| url | https://www.rusjel.ru/jour/article/view/2038 |
| work_keys_str_mv | AT akuhlmann restorativejusticeasanalternativetopenalpunishmentexperiencesfromhistory AT hkury restorativejusticeasanalternativetopenalpunishmentexperiencesfromhistory |