Web resource:	http://www.griffith.edu.au/__data/assets/pdf_file/0015/50307/kdaly_part2_paper10.pdf
Type:	Journal Article
Title:	Feminist engagement with restorative justice
Other Titles:	Theoretical Criminology
Authors:	Daly, Kathleen Stubbs, Julie
Keywords:	Restorative justice;Theories of violence;Sexual assault
Topic:	Sexual violence
Year:	2006
Publisher:	Sage Publications
Citation:	10 (1), 2006
Notes:	This article analyses 5 areas of feminist engagement with restorative justice: theories of justice; the role of retribution in criminal justice; studies of gender (and other social relations) in restorative justice processes; the appropriateness of restorative justice for partner, sexual or family violence; and the politics of gender and race in justice claims. Each of these has a particular set of concerns and different engagement with restorative justice. The most developed area of scholarship focuses on the appropriateness of restorative justice for partner, sexual or family violence. It is also an area in which advocates of restorative justice are poorly informed. A literature overview on theories of justice ranging from early feminist thinking, informal justice, to later feminist thinking, is provided. Potential problems with and potential benefits of restorative justice in terms of its appropriateness for partner, sexual and family violence are outlined. The different justice claims of gender and race politics are examined. It identifies a wider range of theoretical, empirical and political issues for the future feminist analysis of restorative justice. A need to assess whether restorative justice measures up to the ideal justice principles is suggested. The roles of retribution and punishment in restorative justice and criminal justice and the potential for restorative justice for a wider range of offences and in dealing with broader forms of community conflict can be further explored. It suggests the need for comparative analyses of feminist debates about restorative justice in different countries and communities requiring comparative work, including the need to recognise different political contexts. The problem for comparative analysis is the varying meanings and practices of restorative justice. The relationship of restorative justice to other new justice forms (Indigenous justice, transitional justice and international criminal justice) remains to be explored.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14833
ISSN:	1362-4806
Appears in Collections:	Journal Articles

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