Teaching restorative justice to education and criminal justice majors

In academia, departments in Education and Sociology/Criminal Justice are in different colleges, but professionals in these fields frequently interact, such as probation officers working in schools and teachers working in prisons. This paper describes a course that addressed a commonality of the two by focusing on Restorative Justice. The content of the course was multi-disciplinary and co-taught by two professors from these different disciplines, and students were from a wide range of majors. Not only did the course content focus on Restorative Justice, this perspective guided how the course was taught. All classes were conducted within a Circle, students participated in the creation of the syllabus, students contracted for grades, and students organized many of the discussions. Emphasis was on critical analysis of Restorative Justice practices and theories. Quantitative and qualitative evaluations were provided as well as reflections by the teachers.     

‘Joe everyday,people off the street’: a qualitative study on mediators’ roles and skills in victim–offender mediation

This qualitative study examined multiple perspectives of participants who experienced a Victim–Offender Mediation (VOM) program in a Midwestern city in the United States. Of particular interest are the roles and skills of mediators. Data consisted of 34 face‐to‐face interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators and representatives from referring agencies. Insider perspectives regarding the roles and skills of the mediators in restorative processes were revealed through personal stories. Although the majority of the participants reported that the roles and skills of mediators were consistent with restorative justice principles, this exploratory study also revealed that some roles and skills exhibited by mediators were inconsistent with restorative justice values, which shows the variance of ‘real world’ restorative justice. Recommendations are made to promote mediators’ roles and skills that are compatible with restorative justice principles.     

Shifts in police–informant negotiations

This paper examines the impact of increasing criminal cooperation programmes for police handler–informant relationships. Over the last two decades, many countries have introduced policies to regulate the use of criminal informants and defendants who agree to provide information or testimony in exchange for financial incentives, protection, and leniency. Many researchers assume this trend has no bearing on the relationship between the handler and the informant. Following this assumption, they maintain that agreements made with criminal trade participants are still informally negotiated and unsupervised. I investigate this oversight, drawing on data obtained from in-depth interviews with handlers and informants. Findings from this fieldwork illustrate that, in order to compensate for weakening of their discretionary power, police officers are developing new deceptive tactics in dealing with informants. Furthermore, the increasingly institutionalised use of informants has given handlers a false sense of security. Informants gain skills and knowledge from their relationship with handlers, which they can use to undermine the handler's authority.     

Criminal defendants' satisfaction with lawyers: perceptions of procedural fairness and effort of the lawyer

At present, procedural justice theory has predominantly been used to explain defendants' satisfaction with the police, courts and prisons. It is unclear to what extent this theory is also applicable to lawyers. This study investigates to what extent (1) criminal defendants are satisfied with their lawyers and (2) procedural fairness characteristics and the effort of the lawyer are related to defendants' satisfaction with their lawyers. Data from the Prison Project were used: a large-scale research project among Dutch criminal defendants (N = 1479). Results suggest that generally, Dutch defendants are very satisfied with their lawyers. Variation in defendants' satisfaction with their lawyers can be attributed for a substantial part to procedural fairness characteristics.     

The impact of gender roles on verdicts and sentences in cases of filicide

Although mothers and fathers are equally likely to kill their children, maternal filicide cases tend to draw more media coverage and community outrage. While traditional gender role expectations appear to contribute to the community response that follows a report of filicide – and influence media representations – little is known about the offenders’ treatment in the criminal justice system. Drawing on theorizing within gender studies, this article examines relationships between traditional gender role expectations and court case outcomes in cases of maternal and paternal filicide. Findings indicate that both verdicts and sentences in these cases vary by gender and that, for female offenders, the differential treatment is related to how well they appear to fit traditional gender roles.     

生态文明建设与环境法的正义追求

环境法产生和兴起于环境危机的时代,在法律领域承载着应对环境危机的历史使命。环境法的基本品格和历史使命决定了环境法成为保障和促进生态文明的首要法律部门。以生态文明为基本理念,根据生态文明建设的基本要求,环境法呈现出完全不同于传统法律部门的价值追求。作为环境法的核心价值,环境法的正义追求表现为多面的正义,包括代内正义、代际正义和人际正义。环境法的正义追求以实现人与自然的和谐共处为终极目的,这同时也是生态文明建设的题中之义。     

德里达与解构正义论

德里达在《法律暴力》文中通过对正义的解读,揭示了解构成为正义的条件,法律与正义的区别。他认为,理解正义必须与特定的文化共同体的实践相联系,没有一种超越的、普遍的正义,只有特定语境中的正义。正义是一种解构的可能性,解构就是正义。解构的正义是一种方法、一种困境体验、一种绝对他性的体验。     

Introduction: economic security,globalization and governance

Abstract

This introductory article examines different approaches to conceptualizing economic security by drawing on the broader social science literature beyond realism/neorealism. Arguing that traditional conceptions of economic security that see economics as a source, or instrument of state power are insufficient, it draws on a growing literature that looks directly at the economic roots of conflicts, particularly those arising from the manner in which capitalist production is organized in distinct settings. While the paper identifies a range of ways in which scholars, policy practitioners and communities think about economic security depending on the particular circumstances different states and societies find themselves in, the paper, nonetheless, argues for a notion of economic security that also emphasizes issues of justice/fairness and distributive equity. Under conditions of globalization, it is important for us to think of the needs of those made insecure by prevailing systems of market governance but in ways that do not undermine the integrity of the market nor sanction protection for chronically uncompetitive firms. Drawing on insights from International Political Economy and Economic Sociology, the paper suggests one useful way of conceptualizing economic security under conditions of globalization: that of ensuring a low probability of damage to (a) the income and consumption streams that are deemed appropriate for individual well-being; (b) the income-generating potential of an economy; and (c) some minimal level of distributive equity. To this end, appropriately designed national, regional and global institutions can function as mechanisms of governance in the interests of economic security. The rest of the papers in this Special Issue provide empirical case studies drawn from East Asia on many of the points raised in this introduction.     

The New China: Dynamism and vulnerability

Abstract

From 1998 to 2003, the Solomon Islands found itself in the grip of ‘the Tensions’, a violent civil conflict that left some 200 people dead, more than 20,000 displaced, and countless others subjected to torture, rape, fear and intimidation. In the aftermath of the conflict, two dominant approaches to post-conflict justice emerged. The first, implemented by the Regional Assistance Mission to the Solomon Islands (RAMSI), favoured a ‘rule of law’ approach according to which large numbers of militants on both sides were arrested and processed through the criminal justice system resulting, in many cases, in the imposition of lengthy period of imprisonment. The second, ‘reconciliation’ approach, favoured local, grassroots, traditional and indigenous justice processes and were routinely implements by community groups, women's organisations and the churches. This article demonstrates that in the absence of a formally planned transitional justice process, these two approaches to post-conflict justice have come into serious tension with proponents of each accusing the other of hampering their justice efforts. It examines those tensions and analyses the extent to which the Solomon Islands’ Truth and Reconciliation Commission, designed in part to provide a bridge between the rule of law and reconciliation approaches, has been able to quell this new set of tensions.     

论我国刑事政策的演进及具体运用——以人身危险性为视角

人身危险性是刑事政策科学化的重要支柱,是体现刑事政策的重要内容,二者之间存在密切联系。"承办与宽大相结合"的基本刑事政策和"严打"的具体刑事政策在一定程度上忽略了人身危险性是质与量、稳定性与变动性的统一。从人身危险性视角看,宽严相济刑事政策的提出,是对犯罪现象和犯罪人客观规律的尊重,是刑事政策研究科学化的重要成果,是对人身危险性的认识由形而上学到辩证统一的转变。从人身危险性视角落实宽严相济刑事政策,可以从探求人身危险性评估的科学方法、健全犯罪分类理论、完善立法和改善司法等方面寻找途径。