Restorative Justice: The Real Story

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Title Restorative Justice: The Real Story
Author Daly, Kathleen
Journal Name Punishment and Society: the international journal of penology
Editor Richard Sparks
Year Published 2002
Place of publication London, UK
Publisher Sage Publications
Abstract Advocates' claims about restorative justice contain four myths: (1) restorative justice is the opposite of retributive justice; (2) restorative justice uses indigenous justice practices and was the dominant form of pre-modern justice; (3) restorative justice is a 'care' (or feminine) response to crime in comparison to a 'justice' (or masculine) response; and (4) restorative justice can be expected to produce major changes in people. Drawing from research on conferencing in Australia and New Zealand, I show that the real story of restorative justice differs greatly from advocates' mythical true story. Despite what advocates say, there are connections between retribution and restoration (or reparation), restorative justice should not be considered a pre-modern and feminine justice, strong stories of repair and goodwill are uncommon, and the raw material for restorativeness between victims and offenders may be in short supply. Following Engel, myth refers to a true story; its truth deals with 'origins, with birth, with beginnings... with how something began to be' (1993: 791-2, emphasis in original). Origin stories, in turn, 'encode a set of oppositions' (1993: 822) such that when telling a true story, speakers transcend adversity. By comparing advocates' true story of restorative justice with the real story, I offer a critical and sympathetic reading of advocates' efforts to move the idea forward. I end by reflecting on whether the political future of restorative justice is better secured by telling the mythical true story or the real story.
Peer Reviewed Yes
Published Yes
Publisher URI http://pun.sagepub.com/cgi/content/abstract/4/1/55
Copyright Statement Copyright 2002 Sage Publications. Reproduced in accordance with the copyright policy of the publisher. First published in Punishment and Society. This journal is available online: http://pun.sagepub.com/content/vol4/issue1/
Volume 4
Page from 55
Page to 79
ISSN 1462-4745
Date Accessioned 2003-02-25
Date Available 2007-05-22T22:15:45Z
Language en_AU
Research Centre Key Centre for Ethics, Law, Justice and Governance
Faculty Faculty of Arts
Subject Criminology
URI http://hdl.handle.net/10072/6547
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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