Informal reckonings : conflict resolution in mediation, restorative justice and reparations /

Woolford, Andrew John, 1971-

Informal reckonings : conflict resolution in mediation, restorative justice and reparations / Conflict resolution in mediation, restorative justice and reparations Andrew Woolford and R.S. Ratner. - First edition. - viii, 150 pages ; 24 cm

"A GlassHouse book.".

Includes bibliographical references (pages 133-146) and index.

Formal and informal justice -- Assessing informal justice -- Mediation in the informal-formal justice complex -- Restorative justice in the informal-formal justice complex -- Reparations in the informal-formal justice complex -- Informal justice counterpublics.

"The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice; complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations."--Publisher description.

1904385869 9781904385868 041542934X 9780415429344

2007027731


Reparation (Criminal justice)
Mediation
Restorative justice
Dispute resolution (Law)
Restitution
Criminal justice, Administration of
Truth commissions

K970 / .W66 2008

347.09

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