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引用次数: 0
摘要
恢复性司法(RJ)的迅速发展为文学带来了神话。K. Daly的《恢复性司法:真实的故事》(Punishment and Society 4(1), 55-79, 2002)是文学史上最重要的去神话化尝试之一。本文回顾了在这篇开创性的文章中讨论的四个神话:(1)RJ是报复正义的对立概念;(2) RJ根植于土著正义和过去占主导地位的正义形式;(3) RJ是一种关怀反应,而不是正义反应;(4) RJ具有改变人的潜力。本文首先考察了这四个迷思在2002年后的RJ文献中是否仍然普遍存在。回顾2002年后的文献表明,去神话化几乎已经发生。然后,本文试图突出2002年后RJ的理论差距。与上述四种误解相对应,本文提出了四个值得进一步讨论和研究的RJ领域:(1)RJ的制度化;(2)RJ的非殖民化;(3)男性气质在RJ中的作用;(4)RJ是如何运作的。
Revisiting the Real Story of Restorative Justice in the Criminal Justice System: 20 Years On
The rapid growth of restorative justice (RJ) has brought myths into the literature. K. Daly’s “Restorative Justice: The Real Story” ( Punishment and Society 4(1), 55–79, 2002) is among the most important demythologization attempts in the literature. This article revisits the four myths that were discussed in this seminal article: (1) RJ is an oppositional concept to retributive justice; (2) RJ is rooted in Indigenous justice and the past dominant form of justice; (3) RJ is a care response as opposed to a justice response; and (4) RJ has the potential to transform people. This article first examines whether these four myths remain pervasive in the post-2002 RJ literature. Reviewing the post-2002 literature suggests that demythologization has almost taken place. The article then seeks to highlight theoretical gaps in the post-2002 RJ. Corresponding to the four myths identified, it offers four areas of RJ that warrant further debate and research: (1) institutionalization of RJ, (2) decolonization of RJ, (3) the role of masculinity in RJ, and (4) how RJ works.
期刊介绍:
The Canadian Journal of Criminology and Criminal Justice publishes quarterly coverage of the theoretical and scientific aspects of the study of crime and the practical problems of law enforcement, administration of justice and the treatment of offenders, particularly in the Canadian context. Since 1958, this peer-reviewed journal has provided a forum for original contributions and discussions in the fields of criminology and criminal justice. This bilingual, peer-reviewed journal was previously called the Canadian Journal of Criminology, the Canadian Journal of Criminology and Corrections, and the Canadian Journal of Corrections.