Outlining the shadow of the axe: On restorative justice and the use of trial and punishment

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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
Translated title of the contributionEn optegning af øksens skygge: Om genoprettende ret og brugen af retssag og straf
Original languageEnglish
JournalCriminal Law and Philosophy
Issue number2
Pages (from-to)187-207
Number of pages21
Publication statusPublished - 2009
Externally publishedYes

ID: 18477491