Kerry Clamp - Restorative Justice in Transition

A comprehensive scholarly engagement with the key issues of restorative justice in transitional settings. Students of transitional justice will find this an analytically incisive introduction to the restorative justice vision and challenges for peace building.

For anybody who is interested in the fields of peace-making, transitional justice and restorative justice, Kerry Clamp's book Restorative Justice in Transition is an absolute must. It should be on the desk of every serious scholar with an interest in these areas.

This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism for responding to crime in democratic settings, and while there is a burgeoning literature on these contexts there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression.

This book interrogates both macro-and micro-utilisations of restorative justice including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process for responding to conflict. Four values are put forward that should frame any restorative approach engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace.

This book will be of interest to those conducting research in the fields of restorative justice, transitional justice and criminology in general.

Kerry Clamp is a Lecturer in Criminology in the Department of Social Sciences and Psychology at the University of Western Sydney. She received her PhD from the University of Leeds in 2010 and also holds degrees from the University of Sheffield and the University of South Africa. Dr Clamp's research agenda focuses on restorative justice and transitional justice. Her research appears in a number of journals including the British Journal of Community Justice (2011), Nottingham Law Journal (2012), International Criminal Law Review (2012), Northern Ireland Legal Quarterly (2012), and Criminology and Criminal Justice (2012). Dr Clamp is also the Chair of the Editorial Board for the European Forum for Restorative Justice, a role that she has held since January 2011.

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Restorative Justice in Transition

Kerry Clamp

First published 2014
by Routledge
2 Park Square, Milton Park, Abingdon Oxon OX14 4RN

Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017

2014 Kerry Clamp

The right of Kerry Clamp to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data
Clamp, Kerry.
Restorative justice in transition/Kerry Clamp.
pages cm. (Routledge frontiers of criminal justice)
1. Restorative justice. 2. Victims of crimes. 3. Human rights.
4. International crime. I. Title.
HV8688.C53 2014
364.68dc23

2013012487

ISBN: 978-0-415-52371-4 (hbk)
ISBN: 978-0-203-71519-2 (ebk)

Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear

Few can have failed to have noticed the prolific expansion of restorative justice over the past two decades. While the parameters of the concept remain somewhat contested, there can be little doubt that policymakers on both national and international platforms are actively seeking ways to promote more effective and more legitimate responses to criminal offending. This shift is, in part, a response to growing doubts concerning the capacity of orthodox criminal justice systems to deliver participatory processes and fair outcomes that are capable of benefiting victims, offenders, communities and, indeed, society as a whole. There is no shortage of literature exploring both the theory and practice underpinning restorative justice in its many guises; its expansion has been particularly well-charted in Australia, New Zealand, North America, England and Wales and (increasingly) continental Europe. Innumerable evaluations consistently show that it outperforms orthodox approaches to criminal justice across range of variables.