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Lecture 5

CC211 Lecture 5 notes.doc

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Wilfrid Laurier University
Thomas Rose

-hard to create a restorative justice “theory” -more useful to identify restorative justice ethos -the dispositions or guiding beliefs of the restorative justice movement -delineating a restorative justice ethos allows for a fuller critique of how the restorative justice movement that inhibits rather than foster is transformative change Revisionists: -people who try to say that true events of the past never happened -e.g. holocaust -history cannot be separated from government because it’s because of their rules and regulations that we view holocausts the way we do, or crime in general -must approach any claim of “true” history with critical thinking so we can assess assumptions that are involved into the part of history we are looking at -prior to the 12th century, the world had little systematic dispute regulation in place -everyone killed everyone -state intervened with what they saw as “public wrongs” and therefore the state was the only one for determining what was wrong and right and how to punish SystemofComposition: -defined by laws of Ethelbert of Kent -enforced a practice which criminals would pay botfor injuries that didn’t result in death, and witeto the state to help with the costs of administering justice -seen as an early stage in gradual rationalization -this stage tended to ignore and minimize the wrongdoings that came with newer, more “rational” approaches -this system often led to further injustices -poor couldn’t pay their debts -state abused it’s power when it came to punishments MichaelFoucault: -wrote Discipline and Punish -when the King’s method of punishment is compromised, it can cause problems because the onlookers go from hating the offender to sympathizing with them if they are being tortured -spectacle fails when the audience begins to identify with the punished rather than the punisher -part of the reason that punishment began changing in the 18th century -following the lead of militaries and schools, government looked to detain criminals rather than torture them -whole process wasn’t linear, it was a difficult development -on the contract, some believe that the 12th century was when restitution and negotiation were part of the dispute resolution -aboriginals, in Canada, used community meetings to decide resolutions to crimes rather than having one person dictate -used by contemporary restorative justice practitioners -goal is to restore community harmony -Aboriginal dispute resolution wasn’t forgotten, but colonized by settlers from Europe that enforced their laws and regulations among all TheoriesofRestorativeJustice: -modern res
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