Rethinking Prison Disciplinary Processes: A Potential Future for Restorative Justice

Abstract

The movement for restorative justice (RJ) has struggled with marginalization on the soft end of the criminal justice system where the threat of net widening and iatrogenesis looms large. To realize the full potential of RJ as an alternative philosophy of justice, restorative practices need to expand beyond the world of adolescent and small-level offenses into the deeper end of the justice system. Disciplinary hearings inside of adult prisons may be a strategic space to advance this expansion. This article presents findings from a study of prison discipline in four U.K. prisons. The findings strongly suggest that in their current form such disciplinary proceedings are viewed by prisoners as lacking in legitimacy. Although modeled after the adversarial system of the criminal court, the adjudications were instead universally derided as “kangaroo courts” lacking the basic elements of procedural justice. Based on these findings, we argue that RJ interventions may offer a viable redress to these problems of legitimacy which, if successful, would have ramifications that extend well beyond the prison walls.     

Crime Victims’ Perceptions of Police Behavior,Legitimacy, and Cooperation: A Review of the Literature

According to Tyler’s theoretical framework, police officers can motivate cooperation among citizens during direct interactions by using fair procedures and by showing how the police perform their job in combating crime. By conducting a systematic literature review, prior research was examined to see whether perceptions of procedural justice and police performance result in higher levels of perceived legitimacy of the police institution, and in turn whether this perceived legitimacy stimulates cooperative behavior among crime victims specifically. Results of the 15 included studies indicate that partial support for the applicability of this framework on crime victims was found. However, none of the included studies tested all relationships within the framework simultaneously among crime victims; they typically focused only on one of the interrelationships between the frameworks’ key concepts. Implications for future research and police practice are discussed.     

The G20's role in legitimating global capitalism: beyond crisis diplomacy?

The rising profile of the G20 in the aftermath of the Global Financial Crisis has led to various forms of concern about the legitimacy of this forum. While debates about the legitimacy of the G20 are important and ongoing, they overlook the important observation that the G20 is also attempting to perform a key role in legitimating global capitalism. This role of legitimating global capitalism emphasises the importance of the G20 to act, and be seen to act, to normalise global capitalism, to strengthen global economic governance, and also facilitate a political consensus with regard to key policy issues. This essay critically examines the role that the G20 plays in legitimating global capitalism and contends that the G20 is not just a technical forum of international policy-making but also a political forum for creating and performing visible responses to problems which are seen to be socially responsive.     

The quest for regional legitimation: Analyzing the Arab League’s legitimizing role in the Arab spring

The topic of international legitimacy has returned to centre stage during the Arab Spring, in which the Arab League has apparently assumed a prominent legitimation role. Although some scholarship has studied how international organizations are decisive in legitimizing actors and their actions during conflicts, relatively scant attention has been focused at constructing a comprehensive analytical framework for this kind of assessment that could be also applied to regional organizations (ROs). This paper proposes that when actors are involved in battles over international legitimation, analysing their access to the socially identified brokers of three legitimation functions (appropriateness, consensus, and empathy) is key to assess their success. Particularly, we argue that relevant identity-based ROs may have a crucial legitimizing role by operating as brokers of regional consensus. For this purpose, two case studies – Bahrain and Libya – illustrate how the Arab League’s brokerage influenced the legitimation of the actors involved and their outcomes. The findings suggest novel implications about the decisive legitimizing impact of regionalism on conflict resolution.     

Legitimacy and Coercion in Peacebuilding: A Balancing Act

ABSTRACT

Despite the tendency of the power literature to analyse legitimacy and coercion in isolation, both theoretical and empirical evidence suggest that coercion and legitimacy are not parallel lines but can interact in different ways, supporting or undermining each other. A methodical exploration of the relationship between legitimacy and coercion is important not only for improving the theoretical literatures on power and legitimacy but also in the light of the increasing interest in the power of legitimacy in statebuilding and peacebuilding. This article first analyses the overall interaction between coercion and legitimacy, and then explores the question that emerges from the interaction analysis; what level of coercion is permitted or required in order for a mission’s local legitimacy to be sustained? Finally, for the practice of peacebuilding, the article shows that an operation needs to understand its initial legitimacy standing with the local population, as this determines how much coercive force it can employ without undermining its overall legitimacy.     

Water Service Provision and Peacebuilding in East Timor: Exploring the Socioecological Determinants for Sustaining Peace

This article presents an examination of post-conflict water resource management in East Timor through the United Nations Transitional Administration in East Timor (UNTAET) with the aim of contributing to our understanding of the opportunities and challenges inherent to the sustainable management of water resources in post-conflict countries and of gaining insight into its potential long-term benefits for sustaining peace. The article contributes one of the first theory-centred, empirical analyses of post-conflict water resource management, in which the challenges and failures of UNTAET in East Timor shed light on the opportunities and risks inherent to post-conflict water service provision for peacebuilding.     

Unpacking public justification

ABSTRACT

This brief response to Greenfeld’s caveat submits that public justification is not omnipresent, but can extend, and has extended, beyond the modern, liberal West. Subscribing to a thin, rather than thick, conceptualization of public justification, we chart the contested contours of public justification, and urge scholars of this emergent field to clarify their own take before advancing pertinent theories and case studies. We briefly expound the nature and historical roots of both ‘justification’ and ‘the public’, suggesting that their amalgam into public justification transcends the modern, liberal West.     

Differentiated legitimacy,differentiated resilience: beyond the natural in ‘natural disasters’

This paper starts with a flood in southern Malawi. Although apparently a ‘natural’ event, those most affected argued that it was made much worse by the rehabilitation of a nearby irrigation scheme. We use this example to interrogate the current interest in resilience from a perspective informed by political ecology and political economy, arguing that a focus on resilience should not be at the expense of understanding the conditions that shape vulnerability, including the ways in which ‘communities’ are differentiated. Complex factors are at play – and the ways in which these combine can result in a ‘perfect storm’ for some individuals and households. These factors include the effects of history combining with ethnicity, of legitimacy influencing voice, and of the interplay of political dynamics at different levels. In particular, processes of commodification have played an important role in shaping how some may benefit at the cost of catastrophic harm to others.     

Can my religion influence my conception of justice? Political liberalism and the role of comprehensive doctrines

In his last works, John Rawls explicitly argued for an overlapping consensus on a family of reasonable liberal political conceptions of justice, rather than just one. This ‘Deep Version’ of political liberalism opens up new questions about the relationship between citizens’ political conceptions, from which they must draw and offer public reasons in their political advocacy, and their comprehensive doctrines. These questions centre on whether a reasonable citizen’s choice of political conception can be influenced by her comprehensive doctrine. In this paper I present two models of the relationship, which give contrasting answers to these questions, and defend the model that is more permissive with regard to the influence of comprehensive doctrines. This has important implications for our understanding of Rawlsian political liberalism, and reduces the force of objections that have been offered by theorists sympathetic to religion.     

Populism and technocracy: opposites or complements?

Although populism and technocracy increasingly appear as the two organising poles of politics in contemporary Western democracies, the exact nature of their relationship has not been the focus of systematic attention. This article argues that whilst these two terms – and the political realities they refer to – are usually assumed to be irreducibly opposed to one another, there is also an important element of complementarity between them. This complementarity consists in the fact that both populism and technocracy are predicated upon an implicit critique of a specific political form, referred to in this article as ‘party democracy’. This is defined as a political regime based on two key features: the mediation of political conflicts through the institution of political parties and a procedural conception of political legitimacy according to which political outcomes are legitimate to the extent that they are the product of a set of democratic procedures revolving around the principles of parliamentary deliberation and electoral competition. This argument is made through a close analysis of works by Ernesto Laclau and Pierre Rosanvallon, chosen as exemplary manifestations of the contemporary cases for populism and technocracy, respectively.