Book Review: <Emphasis Type="Italic">Criminal Justice: Retribution vs. Restoration Eleanor Hannon Judah and Rev.</Emphasis> Michael Bryant (Eds.) Bighamton,NY: The Haworth Social Work Press. ISBN: 0-7890-0061X $29.95 Softcover/$39.95 Hardcover

Book Review

Book Review: Criminal Justice: Retribution vs. Restoration Eleanor Hannon Judah and Rev. Michael Bryant (Eds.) Bighamton, NY: The Haworth Social Work Press. ISBN: 0-7890-0061X 29.95 Softcover/29.95 Softcover/39.95 Hardcover     

Book Review: <Emphasis Type="Italic">The Zapruder Film: Reframing JFK’s Assassination by David R. Wrone. Lawrence Kansas: University of Kansas Press, 368 pp. Reviewed by Dennis W. MacDonald,Saint Anselm College</Emphasis>.

Book Review

Book Review: The Zapruder Film: Reframing JFK’s Assassination by David R. Wrone. Lawrence Kansas: University of Kansas Press, 368 pp. Reviewed by Dennis W. MacDonald, Saint Anselm College.     

Organizational Justice Comes of Age: Review of the <Emphasis Type="Italic">Oxford Handbook of Justice in the Workplace</Emphasis> Edited by Russell Cropanzano and Maureen Ambrose

The subfield of organizational justice has entered young adulthood. Its scientific achievements from conception to contemporary applications are represented in The Oxford Handbook of Justice in the Workplace, edited by Russell Cropanzano and Maureen Ambrose. The Handbook highlights advances in the field’s theoretical foundations, measurements, and applications. This Handbook follows a decade on the heels of its predecessor, Handbook of Organizational Justice, edited by Jerald Greenberg and Jason Colquitt. In 2005 the justice field was dominated by developmental debates over esoteric definitions of various facets of organizational justice, whereas the present Handbook reflects construct refinement, orientation to detail, and theoretical nuance that comes with maturation. This timely release therefore offers a fitting opportunity to reflect on key trends over the last 10 years and to consider the future of organizational justice research. This collection of comprehensive chapters meticulously compiled by the luminaries of organizational justice shows that organizational justice is still young, developing, and full of potential to influence the world.     

REVIEWS

Book reviewed in this article: John Cartwright, Unequal Bargaining: A Study of Vitiating Factors in the Formation of Contracts Andrei Marmor, Interpretation and Legal Theory Hugh Collins, Justice in Dismissal: The Law of Termination of Employment Robert Post (ed), Law and the Order of Culture     

REVIEWS

Book reviewed in this article: Costas Douzinas and Ronnie Warrington, Justice Miscarried: Ethics, Aesthetics and the Law Eileen Spring, Law, Land and Family: Aristocratic Inheritance in England 1300 to 1800 Rebecca J. Cook (ed), Human Rights of Women: National and International Perspectives Jonathan Harr, A Civil Action     

Agency,Coercion, and Global Justice: A Reply to My Critics

Mathias Risse, Andrea Sangiovanni, and Kok-Chor Tan have offered some subtle and powerful criticisms of the ideas given in my Justice and Foreign Policy. Three themes in particular recur in their critiques. The first is that the arguments I make in that book rest upon unjustified, arbitrary, or contradictory premises. The second is that the use of coercion in the analysis of distributive justice is a mistake. The third is that the global institutional set represents, contrary to my arguments, an independent first-order site of justice. I address these criticisms, and try to vindicate the methodology of Justice and Foreign Policy in the face of these objections.     

Before the Law: Criminalization,Accusation and Justice

This review essay critically engages three socio-legal books directed to the changing bases of criminalization; namely, Lacey (In search of criminal responsibility: ideas, interests, and institutions, Oxford University Press, Oxford, 2017); Farmer (Making the modern criminal law: criminalization and civil order, Oxford University Press, Oxford, 2016); and Norrie, Justice and the slaughter bench: essays on law’s broken dialectic, Routledge, New York, 2016). The texts explore how modern (largely English) institutions of criminal law proscribe, assign responsibility and appear through contradictory socio-political ‘constellations’. They variously reference criminal law’s expanding punitiveness as it: embraces revived character-based ways of attributing responsibility via ideas of risk; drifts away from a social function of creating civil order; and, works through a ‘broken dialectic’ that fails to recognize its ethico-political auspices. The ensuing ‘overcriminalization’ is referenced variously, but this review questions a tendency to work off legal lexicons, with consequent limitations placed on the scope of social analysis. Referring to Roman and Cape colonial forms of criminalization, this review highlights processes of accusation that call subjects to account as criminals, thereby signalling an initiating socio-political layer upon which unequal forms of overcriminalization rest.     

REVIEWS

Book reviewed in this article: Alan Brudner, The Unity of the Common Law: Studies in Hegelian Jurisprudence Andrew Grubb and Maxwell J. Mehlman (eds), Justice and Health Care: Comparative Perspectives Genevra Richardson and Hazell Genn (eds), Administrative Law and Government Action: The Courts and Alternative Mechanisms of Review Elizabeth Boros, Minority Shareholders' Remedies Michael J. Zimmerman, The Concept of Moral Obligation     

REVIEWS

Book reviewed in this article: D. Attard, The Exclusive Economic Zone in International Law. M.D. Evans, Relevant Circumstances and Maritime Delimitation. Brian D. Smith, State Responsibility and the Marine Environment. G. Westerman, The Juridical Bay, Oxford: Oxford University Press. J. Braithwaite and P. Pettit, Not Just Desert: A Republican Theory of Criminal Justice.     

Learning more from social experiments: evolving analytic approaches

Book Review

Learning more from social experiments: evolving analytic approaches     

Speech by Minister of Justice B.M. Imashev on the Draft Law on the National Preventive Mechanism

On December 5, 2012, Minister of Justice of the Republic of Kazakhstan Berik Imashev introduced the draft law “On Questions Pertaining to the Creation of a National Preventive Mechanism for the Prevention of Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment” in the Majlis (lower house) of Parliament.     

Persia to China: the Silk Road of Restorative Justice I

This paper to the 2016 Beijing meeting of the Asian Criminological Society is the first of two lectures on the theme of The Silk Road of Restorative Justice. The second is the annual lecture of the European Forum for Restorative Justice held jointly with the Asia-Pacific Forum for Restorative Justice in Milan (Braithwaite 2017). This first paper opens the idea of restorative justice as a way of thinking that flows back and forth along the Silk Road with a special focus on the development of relational, republican, and feminist thought in ancient and modern China and Persia. Both contemporary China and Iran are left today with quite a universal yet modest national policy of support for restorative justice. Some co-optation of restorative justice by the state and disengagement from it by many key justice professionals are evident in both China and Iran. The second paper argues more normatively for openness to hybridity along the Silk Road. It identifies virtues of being a republican-socialist-capitalist-feminist advocate of restorative justice in light of what we learn along the Silk Road. The unifying message of both papers is that excellence in restorative justice is nurtured by travelling many roads in search of helpful hybrids.

     

The Council for the Administration of Criminal Justice and Protection of Juveniles

The Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming) is an independent advisory, supervisory and judiciary board to the Netherlands Minister of Justice on matters relating to the prison system, the hospital order detention system, the probation system and the youth incarceration system. Members are recruited from a variety of backgrounds, such as magistracy, science, medicine, psychiatry and social work. As a rule, they have a full-time job in society. They are recruited by virtue of their expertise, competence and professional experience in relevant fields. Nowadays, there are about 60 members. The combination of the Council’s three tasks has been criticised. The argument is that the advisory and supervisory tasks of the Council could interfere with the independent and impartial nature of its judicial task. The supposed incompatibility of the three tasks has been one of the arguments of the Minister of Justice in defending his decision to set up an Inspectorate for the whole field of the administration of justice. This Inspectorate would overlap the Council’s supervisory task. So, legislation has been prepared in order to prevent overlap by taking away this task from the Council. The resistance to these plans was an important reason for the Dutch government to ask the Verwey-Jonker Institute to evaluate the performance of the Council. The Council performed very well in this evaluation. Its performance could not, therefore, really be used as an argument for curtailing its tasks. The independent nature of an Inspection Board is open to question, as it is functioning under the responsibility of the Minister of Justice. However, the Minister of Justice has not been convinced by this and other arguments, so there is a big chance that the Council will loose its supervisory task.

Justice Matters: lifting the lid on Pandora's box

The starting point of Justice Matters is simple: criminal justice is far too big; far too costly; far too intrusive. Far from being a means of delivering social justice, it is the cause of much social injustice. The large footprint in society occupied by the combined criminal justice institutions is profoundly socially harmful.

The criminal justice process inflicts unnecessary suffering on many thousands of suspects, defendants and convictees every year. This suffering is experienced very differently depending on your position in society: for instance whether you are young or old, black or white, male or female, rich or poor.

The collateral damage of the criminal justice process is also profound. A criminal record isa life sentence for many: an ongoing obstacle to participation in work and the wider community. Families and communities whose loved ones are arrested, prosecuted, imprisoned and supervised experience deep and lasting loss. Collateral damage is also found in the stress experienced by many victims, whose traumas and distress are often left unresolved, and in the dissatisfaction of witnesses, whose experience of the criminal justice process can be so negative.

Criminal justice also crowds out other, more innovative, just and effective policy and practice solutions to the problems our society faces. It is good at punishing certain individuals and groups. It fails to prevent social problems from arising, or to resolve those that occur.

To get involved in Justice Matters visit: www.crimeandjustice.org.uk/why-justice-matters     

Child Justice in Canada and the Four Ps: Protection,Prosecution, Prevention,and Participation

This article provides an analysis of the flaws in the Canadian legal system with respect to child rights, in the light of the three Ps set forth by former Canadian Justice Minister Irwin Cotler (2004–2006): Protection, Prosecution, and Prevention. Contrary to the general trend of research on “youth” crime which focuses on the visible criminal activities of children and for which they are readily ascribed the status of “young offenders,” I examine whether the legal system is just as swift in giving child victims adequate Protection and Prosecution against their assailants. Six specific child victimization contexts have been identified, which are all characterized by invisibility: in the home, in care, in school and public spaces as well as by corporations and the criminal justice system. I explore why these victimizations are invisible and what legal protection is offered to affected children. Finally, I analyse the extent to which a fourth P, that of Participation, can strengthen the three Ps of Protection, Prosecution and Prevention in fighting crimes committed against children. The contents of this article reflect the author’s opinions only.

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Juvenile Justice in Pennsylvania: Mission‐Driven; Performance‐ Based; Outcome‐Focused

Since 1995, Pennsylvania's Balanced and Restorative Justice Mission has been the driving force behind Pennsylvania's reform and system improvement efforts. Pennsylvania has made strong and steady progress towards advancing this statutory mission and the related operational goals through policy, practice and programmatic enhancements over these past 20+ plus years. Three key events spurred forth this advancement: the legislative passage of Act 33 in 1995 that statutorily established the goals of Balanced and Restorative Justice (BARJ), the Models for Change Juvenile Justice Reform Initiative–Additional Reform Momentum (2004) and the Juvenile Justice System Enhancement Strategy–Evidence‐based Approach to the Reforms (2010).What follows is the story of how it all unfolded.     

Stocktaking after two sessions of the commission on Crime Prevention and Criminal Justice

B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972. Professor Clark was a member of the former United Nations Committee on Crime Prevention and Control and represented New Zealand as an observer at the first two meetings of the United Nations Commission on Crime Prevention and Criminal Justice. Any views expressed here are his own.See generally Roger S. Clark,United Nations Crime Prevention and Criminal Justice Program: Formulation of Standards and Efforts at Their Implementation (forthcoming 1994).     

REVIEWS

Book reviewed in this article: The Law and Practice Relating to Charities . By Hubert Picarda South African Company Law Through the Cases . Third Edition. By H. R. Hahlo Negotiated Justice : Pressures on Defendants to Plead Guilty . By John Baldwin and Michael Mc Conville Law , Morality and Society (Essays in Honour of H. L. A. Hart). Edited by P. M. S. Hacker and J. Raz Gore -Browne on Companies , 43rd edition