Abstract
Drawing on restorative processes research and research on social justice, this chapter is organized in the following manner: First, the authors provide a brief history of the administration of justice. Second, the authors discuss the global rise of restorative justice in the education context. In order for a program to be completely restorative, it must include several educational components as part of restorative processes. Towards this end, the chapter then situates these components in the context of social justice and explores how school systems use them – with specific emphasis on victim-offender conferencing and human dignity. Next, the authors share examples of international initiatives pertaining to restorative practices. Conclusions summarize the significance of restorative practices in school settings in order to prevent violence, reduce rates of expulsions and suspensions, and create a safe and secure teaching and learning environment for all.
TopBrief History Of Administration Of Justice In The Western World
Based on Normore’s (2015) research, prior to our modern system of state-centered public justice, the administration of justice was not simply about applying rules. Instead, it was a mediating and negotiating process known as community justice. Community justice grew out of the need for communities to resolve disputes, reconcile harm, and to maintain relationships. The use of retributive justice, or forced resolution, was seen as a last resort. As governments grew communities began the process of replacing community justice with courts. Courts established rules of law and applied these rules, established guilt, and set penalties. Victims, offenders, and the community lost control of disputes; as punishment did very little to address the harm caused by the wrongdoing (Llewellyn & Howse, 1999).
Key Terms in this Chapter
Retributive Justice: A theory of justice that considers punishment, if proportionate, to be the best response to crime. When an offender breaks the law, justice requires that they forfeit something in return.
Restorative Justice: An approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community. This contrasts to more punitive approaches where the main aim is to punish the offender, or satisfy abstract legal principles.
Social Justice: Promoting a just society by challenging injustice and valuing diversity.. In conditions of social justice, people are not be discriminated against, nor their welfare and well-being constrained or prejudiced on the basis of gender, sexuality, religion, political affiliations, age, race, belief, disability, location, social class, socioeconomic circumstances, or other characteristic of background or group membership.
Violence: The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation although the group acknowledges that the inclusion of the use of power in its definition expands on the conventional meaning of the word.
Restorative Practices: A social science that integrates developments from a variety of disciplines and fields including education, psychology, social work, criminology, sociology, organizational development and leadership. Restorative practices build healthy communities, prevent violence, increase social capital, decrease crime and antisocial behavior, repair harm and restore relationships.
‘At-Promise’: A new euphemism for struggling students. Educators use the term ‘at-promise’ to describe children who have the potential to achieve at a higher rate than they are currently achieving. Educators want to focus on students’ strengths, rather than their “deficits,” such as disability, lack of English proficiency or family poverty. But, if the deficits really relate to learning, then focusing on something else means ignoring what children need to learn.