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Higher Learning: Restorative Justice and Higher Education

Higher Learning: Restorative Justice and Higher Education

Patrick Webb (Saint Augustine's University, USA)
Copyright: © 2023 |Pages: 27
DOI: 10.4018/978-1-6684-6145-7.ch005
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Abstract

The existence and use of restorative justice has evolved in the past 50 years. This includes research related to the development and effectiveness of such within a number of academic and professional areas. It also includes the types of practical activities and processes based upon the theoretical premise of restorative justice, which is referred to as restorative pedagogy. The purpose of this chapter is to outline the use of restorative justice in higher education. This includes the application of restorative justice practices as a viable alternative to punitive-based responses to student misconduct. Finally, this chapter discusses the infusion of restorative justice content and practices in criminal justice courses.
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Higher Learning: Restorative Justice And Higher Education

Origin and Definition of Restorative Justice

The origin of restorative justice has been documented within the context of various time periods, sources, and uses. This includes certain areas in Africa, such as Ghana, Rwanda, and Nigeria (Ameh, 2006; Costelo, 2016; Ratenbaucgh, 2015). In most textbooks and research documents, the modern interpretation and use of restorative justice is attributed to a process initially designed to resolve disputes among parolees by a parole officer in Canada in the 1970s. This included the use of face-to-face interactions between individuals, namely victims and offenders of various crimes (Peachey, 1989). Given its multi-dimensional inclusion of philosophies, values, processes, and applications, a single definition of restorative justice does not exist. Overall, restorative justice might be defined as a paradigmatic response to conflict with an intent to develop (or restore) a fundamental idea and existence of community between individuals. Regardless of the number, types, and emphasis of each definition, the overwhelming substance of most definitions of restorative justice includes an emphasis on 1) responding to harm, and 2) providing repair (or resolution) (Marshall, 1996; Roche, 2001).

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Development Of Restorative Justice

The study and publication of restorative justice has developed within a number of various topics and areas of specialization. For instance, consider the following subject areas and corresponding studies:

Table 1.
Development of restorative justice topics
Subject AreaSource of Study
Mental healthCook, A. (2019). Restorative practice in a forensic mental health service: Three case studies. The Journal of Forensic Psychiatry & Psychology, 30(5), 876-893. https://doi.org/10.1080/14789949.2019.1637919
TerrorismWalgrave, L. (2015). Domestic terrorism: A challenge for restorative justice. Restorative Justice: An International Journal 3 (2): 282–290.
EducationRomano, A., & Arms Almengor, R. (2021). It’s deeper than that!: Restorative justice and the challenge of racial reflexivity in white-led schools. Urban Education (Beverly Hills, Calif.),4208592199841. https://doi.org/10.1177/0042085921998419
PsychologyMartinez, A., Villegas, L., Hassoun Ayoub, L., Jensen, E., & Miller, M. (2022). Restorative justice and school-wide transformation: Identifying drivers of implementation and system change. Journal of School Violence, 21(2), 190-205. https://doi.org/10.1080/15388220.2022.2039682
Business EthicsSchormair, M. J. L., & Gerlach, L. M. (2019;2020;). Corporate remediation of human rights violations: A restorative justice framework. Journal of Business Ethics, 167(3), 475-493. https://doi.org/10.1007/s10551-019-04147-2
MedicineReverby, S. M. (2020). Compensation and reparations for victims and bystanders of the U.S. public health service research studies in tuskegee and guatemala: Who do we owe what? Bioethics, 34(9), 893-898. https://doi.org/10.1111/bioe.12784
LawKelly, E. I. (2021). From retributive to restorative justice. Criminal Law and Philosophy, 15(2), 237-247.
https://doi.org/10.1007/s11572-021-09574-9
Arts/HumanitiesHazou, R. (2020). Enacting restorative justice: Shakespeare and tikanga maori in 'cellfish' (2017). Australasian Drama Studies, (76), 211-240. https://doi.org/10.3316/ielapa.159572784481677
Covid-19/Political SciencePropst, L., & Robinson, C. C. (2021). Pandemic fiction meets political science: A simulation for teaching restorative justice. PS, Political Science & Politics, 54(2), 340-345. https://doi.org/10.1017/S1049096520001626

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