I entitled this chapter with a question because of the complexity of the issues involved and the unresolved matters that continue to be debated among restorative justice advocates. Much of the debate over restorative justice ‘traditions’ centres around claims that restorative justice draws on traditional processes for resolving disputes among indigenous peoples and on processes in the western world which were eroded from the twelfth century onwards and were gradually supplanted with the modern state. Yet there are serious historical and factual questions that need to be addressed before we can assume an Arcadian past where restorative justice ruled supreme. Are there restorative justice traditions to be revived? And should they be revived? Like most complex matters, a simple answer to these questions is neither possible nor desirable.
Criminal Law | Criminal Procedure
Date of this Version
Chris Cunneen, "Reviving Restorative Justice Traditions?" (April 2008). University of New South Wales Faculty of Law Research Series 2008. Working Paper 15.