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"I punish, therefore I am." Potential of Restorative Approach towards a new Legal Paradigm.
Fri, September 5, 2:00 to 3:15pm, Communications Building (CN), CN 2104Abstract
Despite the institutionalisation of restorative justice and the introduction of various restorative programmes into the criminal justice systems of many countries, the relationship between the values and principles of restorative justice and those of traditional criminal justice remains ambiguous, particularly regarding their interaction and articulation. On one hand, there are significant legal gaps and challenges in the current normative frameworks and legal standards governing restorative justice. On the other hand, it remains unclear how restorative theory might influence traditional legal thinking and practices, potentially fostering a new legal culture. In particular, how can restorative justice be understood from a legal perspective? Is it possible to develop a legal theory grounded in the philosophy of restorative justice? Does it hold penological significance, and what implications does it have for our current approach to crime and punishment?
These critical issues, which span legal theory, penology, and restorative justice, are the subject of ongoing reflection by legal scholars, practitioners, and policymakers within the "Restorative Justice and the Law" working group of the European Forum for Restorative Justice. This initiative aims to deepen legal understanding, offer recommendations for a potential EU directive on restorative justice, and contribute to its academic and practical development. The two co-founders of this working group will present the main challenges involved in examining the relationship between restorative justice and the law, outlining the key themes and initial conclusions of this collective effort.
The presentation was created as part of the research project of the Czech Science Foundation "Mediation in Criminal Proceedings in the Context of Restorative Justice", GA24-11201S.