Outlining the shadow of the axe: On restorative justice and the use of trial and punishment
Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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Outlining the shadow of the axe : On restorative justice and the use of trial and punishment. / Holtermann, Jakob von Holderstein.
I: Criminal Law and Philosophy, Bind 3, Nr. 2, 2009, s. 187-207.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Outlining the shadow of the axe
T2 - On restorative justice and the use of trial and punishment
AU - Holtermann, Jakob von Holderstein
PY - 2009
Y1 - 2009
N2 - Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best
AB - Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best
U2 - 10.1007/s11572-008-9069-y
DO - 10.1007/s11572-008-9069-y
M3 - Journal article
VL - 3
SP - 187
EP - 207
JO - Criminal Law and Philosophy
JF - Criminal Law and Philosophy
SN - 1871-9791
IS - 2
ER -
ID: 18477491