Finding common ground: restorative justice and its theoretical construction(s)

Abstract

Restorative justice presents important opportunities for those who work in the criminal justice system and those interested in community building through informal mechanisms of social control. Yet fears exist that as a result of the ‘paradoxical identity’ (Pavlich, 2005) of restorative justice, greater integration within the traditional justice system will lead to its co‐optation. This article argues that any identity challenge can be addressed by re‐situating restorative justice principles within existent criminological theories such as social disorganization, social learning and moral development. In this way, the values and characteristics central to restorative processes can be seen as complimentary and consistent and common theoretical ground can serve as the basis for greater cooperative ventures between individuals, communities and the state.

Keywords:

• restorative justice
• peacemaking criminology
• social disorganization
• social learning
• moral development

Notes

1. This designation is my own. It refers not to one specific program or service but is based on the ideals and central tenets common to peacemaking criminology and restorative justice. This movement is based on common principles of reducing harm, and greater participation in decision making by those affected by an event. It promotes the creation and maintenance of space which allows people to develop relationships and build consensus absent traditional state based forms of power construction.

2. While this is a clever argument, one might be tempted to argue that restorative justice has something to say about a wide variety of conflicts from disagreements between neighbours to school bullying and from family disputes to geo‐political strife. Thus, it may be incomplete to limit restorative justice conceptually by tying it explicitly to the criminal justice system.

3. R. v. Gladue, [1999] 1 SCR 688.