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Challenging co-optive criminalisation: Feminist-centred decarceration strategies for interpersonal and sexualised violence 挑战协同犯罪化:以女权主义者为中心的人际暴力和性暴力的分离策略
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12463
Brunilda Pali, Victoria Canning

Feminism and prison abolitionism are not theoretically or politically homogenous, and yet in their mainstream versions they are often situated at polar ends of the debate on how to respond to domestic and sexualised violence. The disproportionately gendered nature of sexualised and interpersonal violence has largely centralised such abuses in feminist movements. However, histories of abolitionism – particularly in continental Europe – have largely failed to address the severity of this violence and its impacts. In this article, we highlight the implications of so-called ‘carceral’ feminism on ending sexualised and interpersonal violence, while addressing key – and reasonable – critiques of abolitionism. Our central argument is that criminal justice has failed to significantly reduce and/or end sexualised or interpersonal violence. As such, we explore feminist-centred, restorative, and transformative alternatives, not only to prison, but to societies that continue to embed systematic levels of sexualised and interpersonal violence.

女权主义和废除监狱主义在理论上和政治上都不是同质的,但在如何应对家庭暴力和性暴力的辩论中,它们的主流版本往往处于两极。性暴力和人际暴力的不成比例的性别性质在很大程度上集中了女权主义运动中的这种虐待。然而,废奴主义的历史——特别是在欧洲大陆——在很大程度上未能解决这种暴力的严重性及其影响。在这篇文章中,我们强调了所谓的“专制”女权主义对结束性暴力和人际暴力的影响,同时解决了对废奴主义的关键和合理的批评。我们的中心论点是,刑事司法未能显著减少和/或结束性暴力或人际暴力。因此,我们探索以女权主义为中心的、恢复性的和变革性的替代方案,不仅针对监狱,而且针对那些继续嵌入系统性暴力和人际暴力的社会。
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引用次数: 1
Commandment, commencement and restorative justice 戒律,毕业典礼和恢复性司法
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12462
George Pavlich

Early restorative justice archives challenged state criminalisation through three basic pledges – diversion, social transformation, and decolonisation – thereby inaugurating a movement against repressive state criminalisation and announcing a new paradigm of justice. Returning to that movement's beginning, this article shows how its global successes were secured through intimate ties with state justice that diluted its early pledges. Highlighting oft-overlooked insights from legal pluralism, it calls for new articulations between semi-autonomous justice fields to revitalise, and not simply recover, restorative foundations. Forging links with diverse social fields, and engaging a politics of accusation, restorative justice could recraft lenses that bring harm-producing social assemblies into focus.

早期恢复性司法档案通过三项基本承诺——转移注意力、社会转型和去殖民化——挑战国家刑事定罪,从而开创了一场反对镇压性国家刑事定罪的运动,并宣布了一种新的司法范式。回到这场运动的开始,本文展示了它是如何通过与国家司法的密切联系获得全球成功的,而国家司法削弱了它早期的承诺。它强调了法律多元主义中经常被忽视的见解,呼吁在半自治的司法领域之间建立新的联系,以振兴而不仅仅是恢复恢复性的基础。与不同的社会领域建立联系,参与指控政治,恢复性司法可以重新塑造镜头,使产生伤害的社会集会成为焦点。
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引用次数: 0
The impact of employment upon young offenders’ identities 就业对青少年罪犯身份认同的影响
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12471
Rebecca Jayne Oswald

While numbers of first-time entrants have decreased dramatically in the last decade, young people remaining in the youth justice system in England and Wales today are the most persistent, troubled offenders. Research suggests that the formation of a non-offending or ‘prosocial’ identity is crucial for desistance among persistent offenders. This article examines how engaging in an employment programme at a social enterprise influenced the identity of offenders aged 16–18 years. Young people's self-narratives reveal that although none possessed a strong criminal identity, they developed a more coherent prosocial identity during their employment. This can be attributed to how the employment programme reduced the social exclusion experienced by employees, demonstrating the value of such opportunities for youths.

虽然在过去十年里,初犯的人数急剧减少,但在英格兰和威尔士,留在青年司法系统的年轻人是最顽固、最麻烦的罪犯。研究表明,不犯罪或“亲社会”身份的形成对长期罪犯的戒除至关重要。本文探讨参与社会企业就业计划如何影响16-18岁罪犯的身份。年轻人的自我叙述表明,虽然没有人拥有强烈的犯罪身份,但他们在就业期间发展了更连贯的亲社会身份。这可以归因于就业方案如何减少了雇员所经历的社会排斥,证明了这种机会对年轻人的价值。
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引用次数: 4
Rethinking the restorative dimension of criminal justice 重新思考刑事司法的恢复性维度
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12464
Amanda Wilson, Henrique Carvalho
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引用次数: 0
Feeling the absence of justice: Notes on our pathological reliance on punitive justice 感受正义的缺失:关于我们对惩罚性正义的病态依赖的注解
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12458
Anastasia Chamberlen, Henrique Carvalho

This article critically examines our relationship with justice in contemporary Western liberal settings, with a particular focus on why our pursuit of justice is intimately entangled with punitive logics. It starts by arguing that we have a predominantly pathological approach to justice, in the sense that it follows a logic that is akin to that displayed in contemporary sensibilities regarding bodily pain. We deploy Drew Leder's concept of ‘dys-appearance’ to discuss how, in Western liberal societies, justice is primarily experienced negatively as a phenomenon; that is, we mainly become conscious of justice through the painful and episodic experience of injustice. We then explore this phenomenological quality of justice which, we argue, is linked to how the pursuit of justice in these settings predominantly takes a hostile, punitive aspect. The article concludes by exploring how this punitive impulse can be resisted, through what we term a ‘lived sense of justice’.

本文批判性地审视了当代西方自由主义背景下我们与正义的关系,特别关注为什么我们对正义的追求与惩罚性逻辑紧密纠缠在一起。它首先提出,我们有一种病态的方法来对待正义,从某种意义上说,它遵循的逻辑类似于当代对身体疼痛的感知。我们利用Drew Leder的“外观不良”概念来讨论,在西方自由社会中,正义主要是作为一种现象被消极地体验的;也就是说,我们主要是通过痛苦的、断断续续的不公正经历而意识到正义的。然后,我们探讨了正义的现象学性质,我们认为,这与在这些环境中如何追求正义主要采取敌对的、惩罚性的方面有关。文章最后探讨了如何通过我们所说的“生活正义感”来抵制这种惩罚性冲动。
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引用次数: 1
Restoration, abolition and the loving prison: Jimmy Boyle and Barlinnie Special Unit 恢复,废除和爱的监狱:吉米·博伊尔和巴林尼特别小组
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12457
Alan Norrie

This article revisits Glasgow's Barlinnie Special Unit (BSU) in light of the reissue of Jimmy Boyle's biography of his time in Scottish prisons, ‘A sense of freedom’. Viewing BSU as expressing restorative values, it analyses the different meanings of the sense of freedom which emerge from Boyle's account. It finds a developing dynamic of different meanings of freedom, from negative resistance through trust and solidaristic action to love and creativity. Together these represent a basis for a moral psychology adequate to understanding human change in a prison context. The article considers BSU as a restorative and reparative practice which challenged the prison system's overall punitive and persecutory form – its ‘structure in dominance’. It reflects on Thomas Mathiesen's (1974/2015) Politics of Abolition about the relationship between therapeutic practice and political development to argue that BSU represented an abolitionism relevant to prison today.

这篇文章回顾了格拉斯哥的巴林尼特别部队(BSU),根据吉米博伊尔在苏格兰监狱的传记重新发行,“自由的感觉”。将BSU看作是一种恢复性价值的表达,分析了波义耳对自由意识的不同理解。它发现了自由的不同含义的发展动态,从负面抵制到信任和团结行动,再到爱和创造力。这些构成了道德心理学的基础,足以理解监狱环境下人类的变化。文章认为BSU是一种恢复性和补偿性的实践,它挑战了监狱系统的整体惩罚和迫害形式-其“主导结构”。它反映了托马斯·马蒂森(1974/2015)关于治疗实践与政治发展之间关系的废除政治,认为BSU代表了与当今监狱相关的废除主义。
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引用次数: 2
What a shame! Restorative justice's guilty secret 真可惜!恢复性司法的罪恶秘密
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12460
Amanda Wilson

In this article, I address a long-standing issue confronting restorative justice: its shaky ethical foundation. Leading restorative justice theorists have pursued an ethics of shame that has marginalised guilt (and remorse). The resulting shame-oriented concepts do not adequately capture the complex moral and psychological phenomena that the ethics of restorative justice requires. In part, this is because theorists have failed to account for the depths, not only of guilt, but of shame as well. These depths, I argue, are to be found in Freudian metapsychology. Guilt and shame have primitive and mature forms. It is only through understanding the difference between these formations that we can see how it is that the mature formations are related in ways that are essential to understanding restorative justice. I conclude that that the mature guilt-and-shame complex developed in the article provides the grounds for an adequate ethical foundation for restorative justice.

在这篇文章中,我解决了一个长期存在的问题:恢复性司法的道德基础不稳固。主要的恢复性司法理论家一直在追求一种将内疚(和悔恨)边缘化的羞耻伦理。由此产生的以羞耻为导向的概念并没有充分捕捉到恢复性司法伦理所要求的复杂的道德和心理现象。在某种程度上,这是因为理论家们不仅没有解释罪恶感的深度,也没有解释羞耻感的深度。我认为,这些深度可以在弗洛伊德的元心理学中找到。内疚和羞耻有着原始而成熟的形式。只有通过理解这些形态之间的区别,我们才能看到成熟形态是如何以一种对理解恢复性司法至关重要的方式联系在一起的。我的结论是,文章中发展起来的成熟的内疚和羞耻情结为恢复性司法提供了充分的伦理基础。
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引用次数: 1
What exactly are you restoring us to? A critical examination of Indigenous experiences of state-centred restorative justice 你到底要把我们恢复到什么状态?对以国家为中心的恢复性司法的土著经验的批判性审查
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12459
Juan Marcellus Tauri

Over the past 30 years the restorative justice (RJ) movement has become increasingly accepted within the creases of formal justice systems everywhere, but most especially within the systems of settler-colonial states. From a critical Indigenous perspective one especially powerful driver for the elevation of RJ to its current exalted place in state crime control, has been the purposeful utilisation of Indigenous cultural artefacts by the movement to market their wares. Utilising research on Indigenous peoples’ experiences of state-centred RJ programmes, this article challenges claims made by RJ practitioners and state functionaries regarding the emancipatory potential of RJ practices for Indigenous peoples residing in settler colonial contexts.

在过去的30年里,恢复性司法(RJ)运动在世界各地的正式司法系统中越来越被接受,尤其是在移民-殖民国家的系统中。从批判性的土著视角来看,一个特别强大的驱动因素将RJ提升到目前在国家犯罪控制方面的崇高地位,是有目的地利用土著文化文物来推销他们的商品。本文利用对土著人民以国家为中心的RJ项目经验的研究,挑战了RJ从业者和国家官员关于RJ实践对居住在移民殖民地背景下的土著人民的解放潜力的说法。
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引用次数: 3
The official history of criminal justice in England and Wales. Volume II: Institution-building. Paul RockNew York: Routledge. 2020. viii+555pp. £29.59 (pbk) ISBN: 978-0-367-73011-6 英格兰和威尔士刑事司法的官方历史。第二卷:体制建设。纽约:劳特利奇出版社,2020。八世+ 555页。ISBN: 978-0-367-73011-6
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12467
Coleman A. Dennehy

Following on from his eminently successful first volume in this series, dealing with the end of capital punishment, the decriminalisation of male homosexual acts, and that of abortion, Paul Rock has completed this equally impressive second volume of the government-appointed, official history of this aspect of the criminal justice system. While the previous volume concentrated on ‘the liberal hour’, this volume moves onto the more mundane, but no less important, issue of institutional reform in the second half of the 20th century in England and Wales. Perhaps because, since the 1650s, England and Wales never really experienced a period that was genuinely revolutionary, there were aspects of its criminal justice system that were considerably dated and had experienced at best a haphazard development until well into the 20th century. This was certainly the case with the long-needed reforms to the assize system of justice. More recent, but no less necessary, had been the developments surrounding a truly independent prosecution service. Rock's book undertakes the mammoth task of writing the history of the origins of these problems and the solutions that created two new institutions.

The book, which is essentially two fairly distinct studies, first tackles the end of the traditional assize and the establishment of the Crown Court. The assize system can trace its origins back to later 13th century (not ‘early medieval times’, p.6)! with the incorporation of most Welsh counties into the English assize system in the 1830s. The criminal side had largely continued without any substantial administrative reform until the mid-20th century – near 800 years after its establishment. Even as England and Wales entered its period of post-industrial decline, the assize at Exeter still necessitated the stopping of traffic, javelin men, trumpeters, and a coach for the sheriff. The list of preparations for the assize at Caernarvon is particularly illuminating of how many rituals were still endured up to 1971 (pp.19–26). Most pressing in the matter was the fact that many of the county towns where hearings took place had long since declined in relative importance and particularly in population over the centuries – six assize towns had populations of less than 5,000, whereas seven non-assize towns had populations in excess of 200,000 people. A particularly strong light was shone on the situation during the Great Train Robbery trial of 1964 when the assize town of Aylesbury (population 34,000) had to facilitate a 51-day trial of eleven defendants with 240 witnesses in attendance, all paid for by Buckinghamshire Council. The location was purely by dint of where the train had been stopped – none of the defendants had any connection with the county.

Thus, a Royal Commission was established to consider the archaic system of the administration of criminal justice in the provinces and recommend a more modern solution. Lord Beeching was chosen as chair; his experienc

这两名男孩和一名有学习困难的18岁男子后来被判有罪,被判处在各种拘留场所,包括青年和精神卫生设施服刑。他们在三年内被无罪释放,随后进行了调查(Fisher, 1977),然后是皇家刑事诉讼委员会(1981),确定了有必要(在这一点之前被许多人接受)有一个改革的制度,在侦查后,案件将委托给独立的检察官。接下来的章节讨论了这些小组的成员和工作,他们在法律和警务界的接受情况,以及白厅的影响和回应。随后的改革在几年后产生了《1985年刑事检控法》和皇家检察署。这本优秀的书有很多优点。这项工作的深度,大量政府记录的可用性,以及与许多参与高层决策的人进行的宝贵访谈,结合起来,产生了英格兰和威尔士刑事司法系统这两项重要改革的全面历史。特别是,口述历史方面,允许审讯异常坦率和公开的公务员和其他人(也许因为大多数人现在已经退休),对政府和刑事司法改革的行政机器内部发生的事件进行了令人信服的描述。也许作为犯罪学家和历史学家,我们应该对“官方历史”持更愤世嫉俗的态度,但洛克对主题的把握、他的资料来源(包括人与纸)以及对主题的仔细分析,总体上造就了一部非常有说服力的历史。这本书也写得特别好——关于行政史的书,引用调查报告、会议、委员会组成和调查结果,很少能像这本精彩的作品那样吸引读者的注意力。
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引用次数: 0
Restorative justice and the culture of control 恢复性司法和控制文化
Q2 Social Sciences Pub Date : 2022-03-22 DOI: 10.1111/hojo.12461
Gerry Johnstone

A profound change has occurred, during the last half century, in patterns and strategies for handling crime in modern societies. During the same period, the campaign for restorative justice has increasingly influenced penal policy and practice. In stories about correctional change, these developments are often linked by suggestions that the success of the campaign for restorative justice puts in question notions that we are experiencing relentless penal regression. This article argues for a different narrative, in which the rise of restorative justice is located within a broader disenchantment with large-scale, institutionalised ways of handling crime.

在过去的半个世纪里,现代社会处理犯罪的模式和策略发生了深刻的变化。在同一时期,恢复性司法运动日益影响到刑事政策和做法。在有关惩教改革的报道中,这些发展往往与这样的说法联系在一起:恢复性司法运动的成功,对我们正在经历无情的刑罚倒退的观念提出了质疑。本文提出了一种不同的观点,认为恢复性司法的兴起是由于人们对大规模的、制度化的犯罪处理方式不再抱有幻想。
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引用次数: 1
期刊
Howard Journal of Crime and Justice
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