TY - JOUR

T1 - Outlining the shadow of the axe

T2 - On restorative justice and the use of trial and punishment

AU - Holtermann, Jakob von Holderstein

PY - 2009

Y1 - 2009

N2 - Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best

AB - Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best

U2 - 10.1007/s11572-008-9069-y

DO - 10.1007/s11572-008-9069-y

M3 - Journal article

VL - 3

SP - 187

EP - 207

JO - Criminal Law and Philosophy

JF - Criminal Law and Philosophy

SN - 1871-9791

IS - 2

ER -