Transforming Relationships Through Participatory Justice
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Transforming Relationships Through Participatory Justice by Law Commission of Canada Pdf
This report described the development and current state of two groups of participatory justice programs. Restorative justice is a process of resolving crime and conflict, and includes victim-offender mediation, community and family group conferencing, sentencing circles and community boards or panels. Consensus-based justice operates in the non-criminal context, and includes community mediation, court-connected mediation, judge-led settlement conferencing, and collaborative family lawyering.
Achieving Open Justice through Citizen Participation and Transparency by Jiménez-Gómez, Carlos E.,Gascó-Hernández, Mila Pdf
Open government initiatives have become a defining goal for public administrators around the world. However, progress is still necessary outside of the executive and legislative sectors. Achieving Open Justice through Citizen Participation and Transparency is a pivotal reference source for the latest scholarly research on the implementation of open government within the judiciary field, emphasizing the effectiveness and accountability achieved through these actions. Highlighting the application of open government concepts in a global context, this book is ideally designed for public officials, researchers, professionals, and practitioners interested in the improvement of governance and democracy.
The Many Concepts of Social Justice in European Private Law by H. W. Micklitz Pdf
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
Handbook on Restorative Justice Programmes by Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime Pdf
The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
Mending Broken Fences Policing: An Alternative Model for Policy Management by Anil Anand, BPHE, LLM, MBA, GEMBA Pdf
Police services across the globe are increasingly perceived as heavy handed, racist, and unnecessarily violent. As a result, large, sometimes even national demonstrations have been waged against police policy and strategy. Mending Broken Fences Policing provides a discussion on contemporary policing, the role of policing in modern society, and its relationship to the diverse communities represented in a postmodern world. Mending Broken Fences Policing provides a model, based on social cohesion and police intervention, intelligence-led and community policing (IP-CP); which, supplemented by a quality/quantity/crime (QQC) framework provide a four-step process for viewing policing services from a vantage point beyond Broken Windows and StatCom.
The New Lawyer, Second Edition by Julie Macfarlane Pdf
The New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.
Rethinking Criminal Law Theory by Francois Tanguay-Renaud,James Stribopoulos Pdf
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
Institutionalizing Restorative Justice by Ivo Aertsen,Tom Daems,Luc Robert Pdf
Exploring the key issues and debates surrounding the question of the incorporation and institutionalization of restorative justice, this book builds bridges between those concerned with the practical and the more theoretical aspects of penal development.
Governing Paradoxes of Restorative Justice by George Pavlich Pdf
Restorative justice is the policy of eschewing traditional punishments in favour of group counselling involving both victims and perpetrators. Until now there has been no critical analysis of governmental rationales that legitimize restorative practices over traditional approaches but Governing Practices of Restorative Justice fills this gap and addresses the mentalities of governance most prominent in restorative justice. The author provides comprehensible commentary on the central images of this discursive arena in a style accessible to participants and observers alike of restorative justice.
Civil Justice, Privatization, and Democracy by Trevor C.W. Farrow Pdf
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Developing Restorative Justice Jurisprudence by Tony Foley Pdf
What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.
Conflict Transformation, Peacebuilding, and Storytelling by Laura E. Reimer,Katerina Standish,Chuck Thiessen Pdf
This book serves as an important link between conflict resolution practice and education by providing research from the unique perspective and approach of the Arthur V. Mauro Centre for Peace and Justice, one of the world’s leading academic programs for PACS research: storytelling, peacebuilding, and conflict transformation. Each chapter presents original research in critical issues in the field of PACS, and provides recent research for the future development of the field and the education of its practitioners and academics. The book has a wide audience targeting students at the undergraduate, graduate, and post-graduate levels. It also extends to those working in and leading community conflict resolution efforts as well as humanitarian aid workers. Exploring the issues facing the field provides a means by which academics, students, and practitioners can develop theory, practice, pedagogy, and methodology to confront the complexity of contemporary conflicts while expanding opportunities for future research and practice. Contributors to the book are recognized scholars and practitioners in their respective fields. The authors’ take a holistic approach to the study, analysis, and resolution of conflict at the personal, interpersonal, societal and cultural levels. The book is a retrospective of the Mauro Centre and through its content, explores the roots of a major contributor to PACS scholarship. The scholarship represents those who come to the PACS field with a diversity of ideas, approaches, disciplinary roots, and topic areas, which speaks to the complexity, breadth, and depth needed to apply and take account of conflict dynamics and the goal of peace. This book reflects the unique model and approach of the Arthur V. Mauro Centre for Peace and Justice at the University of Manitoba in central Canada: conflict transformation, peacebuilding, and storytelling. Based in the doctoral theses and in celebration of the first decade of Canada’s only doctoral program in PACS, this volume, co-edited by three of the graduates of the program and written by colleagues, presents and explores a number of these issues while presenting new and leading research across the broad spectrum of Peace and Conflict Studies.
“I learned that the problems were much deeper than a flawed criminal justice system, and that our work needed to begin in our relationships with each other and the natural world, and most importantly, with ourselves.” (from the preface) Restorative justice, as it exists in Canada and the U.S., has been co-opted and relegated to the sidelines of the dominant criminal justice system. In Security, With Care, Elizabeth M. Elliott argues that restorative justice cannot be actualized solely within the criminal justice system. If it isn’t who we are, says Elliott, then the policies will never be sustainable. Restorative justice must be more than a program within the current system – it must be a new paradigm for responding to harm and conflict. Facilitating this shift requires a rethinking of the assumptions around punishment and justice, placing emphasis instead on values and relationships. But if we can achieve this change, we have the potential to build a healthier, more ethical and more democratic society.
