Good seeds, bad soil? A case study of the vital context in the restorative justice process in mainland China
Restorative justice (RJ) has gradually emerged as a global movement within the criminal justice systems of various jurisdictions around the world. Despite growth in the number of studies, very few have examined the social, moral, and structural elements in the current penal context that may contain...
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2018
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| In: |
International journal of law, crime and justice
Year: 2018, Volume: 54, Pages: 34-41 |
| Online Access: |
Volltext (Resolving-System) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | Restorative justice (RJ) has gradually emerged as a global movement within the criminal justice systems of various jurisdictions around the world. Despite growth in the number of studies, very few have examined the social, moral, and structural elements in the current penal context that may contain the implementation and development of restorative justice. The present article builds on a case study of mainland China, offering an empirical analysis of how social, moral, and structural (legal) barriers have impeded the growth of a restorative atmosphere. That said, the key goals of responsibility, reintegration, and restoration in Western restorative justice need to be placed within its liberal democratic context. In conclusion, the article suggests that the current RJ scholarship should overcome its methodological individualism and that it may be rewarding to examine the social dynamics that link the macro socio-legal context with the micro restorative encounters. |
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| ISSN: | 1756-0616 |
| DOI: | 10.1016/j.ijlcj.2018.06.001 |