What is Restorative Justice? Fresh Answers to a Vexed Question

Abstract

It has become commonplace to say that restorative justice cannot be defined. I argue that restorative justice can and must be defined concretely as a justice mechanism. I develop this argument with four points: (1) restorative justice is not a type of justice, it is a justice mechanism; (2) retributive justice is not a type of justice or a justice mechanism; (3) restorative justice is one of many justice mechanisms under an innovative justice umbrella; and (4) restorative justice can be defined. The way forward is to assess and compare a variety of justice mechanisms, which reside on a continuum from conventional to innovative. In time, the justice mechanisms studied may come to matter more than the concept of restorative justice.     

Church–state conflict in Moldova: the Bessarabian Metropolitanate

The article’s main focus is the relationship between the re-established Bessarabian Orthodox Metropolitanate and the government of the post-Soviet Republic of Moldova. The article demonstrates that the Moldovan government refused recognition to the nascent church until 2002 primarily for two reasons: first and foremost, the Moscow Patriarchate opposed the idea of another Orthodox Christian church in Moldova outside of its jurisdiction; second, the government feared that the newly independent Republic of Moldova would fall under the influence of neighboring Romania, whose Orthodox Church offered patronage to the Bessarabian Metropolitanate. After a historical overview of the Orthodox Church in the Republic of Moldova, the article first presents and analyzes the history of the conflict between the Bessarabian Metropolitanate and the post-Soviet Moldovan government, and second, the European Court of Human Rights verdict ordering the government to recognize the Metropolitanate, before verdict’s implementation, and reactions to it. All these are done with an eye on intra-national relations among Moldova, Romania, and Russia, as well as those between the Romanian Orthodox Church and the Russian Orthodox Church in connection with this conflict.     

Restricting Russians: language and immigration laws in Soviet Latvia, 1956–1959

In 1956, a prominent faction within the leadership of Soviet Latvia, the Latvian national communists, launched two ambitious initiatives designed to redress perceived Stalinist Russification polices – a language law and residency restrictions. This article examines and evaluates these two policies and asks if they were part of a “Latvianization” program that deliberately targeted Russians for denial of residency permits and required Russians to gain Latvian-language competency within a two-year timeframe or face the threat of dismissal. In an effort to restore the primacy of the Latvian language, the national communists created a law enforcing knowledge of Latvian and Russian for Communist Party and government functionaries and service sector personnel. Using the Soviet legal system, the national communists also attempted to halt the influx of predominantly Slavic immigration to the Latvian capital, Riga. By instituting passport restrictions on settling in the city, the national communists sought to limit Slavic migration in order to maintain Riga’s Latvian character and reduce pressure on the city’s housing supply and municipal services. Existing studies deem passport restrictions in other Soviet cities a failure. The author argues, however, that the national communists’ scheme was generally successful, dramatically curbing migration to Riga during its operation.     

Authoritarian legality and informal practices: Judges, lawyers and the state in Russia and China

To participate in the global economy authoritarian states are pressed to offer international business a legal order that protects the interests of investors, customers, and sellers, but the creation of a modern legal order threatens to undermine the leaders’ control of public life. An increasingly common way to resolve this dilemma, I argue, is developing formal legal institutions that appear to meet world standards, while using informal practices to maintain control over the administration of justice when needed. In this paper I show how the governments of post-Soviet Russia (with its hybrid or competitive authoritarian regime) and the fully authoritarian People’s Republic of China as well, have used this approach in their relations with judges and defense lawyers in their respective countries. The analysis underscores the utility of investigating informal practices along with the reform of formal legal institutions, especially in the context of transition.     

Distributive justice attitudes in Ukraine: Need,desert or social minimum?

This paper presents research findings based on a factorial survey study of attitudes toward the justice of income distribution in Ukraine. The factorial survey design was used for the first time in a representative large-scale survey in Ukraine and provided an opportunity to investigate the effect of multiple factors concerning individual, family and enterprise characteristics in complex subjective evaluations of just earnings. The focus within this study lays on three fundamental principles, according to which the just income is assessed: equality, desert and need principles. Empirical results of the study show that Ukrainian respondents pay attention to almost all characteristics used in the vignettes, a fact which empirically supported the basic idea of the multiprinciple justice theory. Some generational differences in justice perception were uncovered and discussed. The analyses also revealed an overall domination of the need principle in the judgments on income justice. However, the need criterion loses its relative significance at the expense of the desert principle, as soon as rather large income amounts are treated. This finding leads to the reflection that the need considerations appear to be popular in the post-Soviet countries to the extent to which they find support among low-income population and not because of the Soviet ideological heritage.     

How Well Do We Know Max Weber After All? A New Look at Max Weber and His Anglo-German Family Connections

Guenther Roth's study places Max Weber in an intricate network of ties among members of his lineage. This paper presents core findings of Roth's analysis of Weber's family relations, discusses the validity of Roth's core theses and some of the implications of his analysis for Weber as a person and scholar, and addresses how Roth's book may influence future approaches to Weber's sociology.     

Obtaining redress for abuse of office in Russia: The Soviet legacy and the long road to administrative justice

This article examines the options for redressing abuse of office available to citizens in Soviet and post-Soviet Russia. I consider the courts, the procuracy, and the complaint mechanism as sites for citizens to lodge claims against abuse of office in late-Soviet and post-Soviet times. After the collapse of the Soviet system there was an attempt to overcome the Soviet legacy, to strengthen legal institutions and establish administrative justice. Analysis of Soviet and post-Soviet normative documents and statistical data allows us to argue that opportunities for Russian citizens to combat service crimes in the courts have improved substantially. However, the system for coping with abuse of office remains imperfect, and retains features of the Soviet legacy despite vague legislation about administrative justice and dual ways of coping with abuse through legal and quasi-legal mechanisms. The re-establishment of the complaint mechanism in the conditions of contemporary Russia exacerbates this imperfection. Overall, the complaint mechanism occupies a significant place in people's options for making claims against officials, especially claims against high-ranking officials.     

Restoring Choice: The Relationship Between Offense Seriousness,Intervening Time,and Victims’ Responses to the Offer of Restorative Interventions

This study investigates victims’ responses to the offer of involvement in a restorative intervention. It tests the hypotheses that victims’ choices are related to the seriousness of the offense (H1), and that this relationship is moderated by how long after the offense the restorative intervention is offered (H2). A cross-sectional, between-subjects design was used, drawing on data from 256 offenses collected for operational purposes by a restorative justice service. Victims of medium-seriousness offenses were most likely to choose indirect and direct reparation. Intervening time moderated the relationship between seriousness and victim choice: victims of low-seriousness offenses became more likely to choose community reparation with time, victims of medium-seriousness offenses became less likely to choose direct or indirect reparation, and there was no change with time for victims of the most serious offenses. These results suggest nonlinear relationships between seriousness, intervening time, and victim choice. Although more complex and in different directions than anticipated, they lend some support to both hypotheses. The study highlights qualitative differences between types of restorative interventions, points to a significant disparity between victims’ choices and processes the literature suggests are of most benefit, and raises questions regarding when and how restorative interventions should be offered.     

Global justice and education for global citizenship: considerations for education policy-planning process

Global citizenship education GCED) has been attracting all sectors of education with the focus on universal human rights and global issues. While all sectors are involved, the mainstream of instructional delivery is taking place in the informal education sector in Korea. The curriculum typically covers moral, values, and ethics with civics and citizenship education. Justice in relations to global issues, however, are often assumed, ignored or overlooked. Based on the changing educational demand in a rapidly changing world, there is a need for teachers with competency in addressing issues of globalization, diversity, and social justice. This paper identifies the crucial gaps along with missing context as to how justice fits into the larger picture in relation to grounds for recognizing the pathway for domesticating global issues through social justice.