Academic literature on the topic 'Restorative and retributive justice'

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Dissertations / Theses on the topic "Restorative and retributive justice"

1

Farooqi, Nadeem U. "Retributive Theory’s Restorative Corollary." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1076.

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According to retributivism, what justifies punishment is a wrongdoer's desert. Critics argue that retributivists fail to provide sufficient justification for punishment. Herbert Morris offers the type of justification critics demand, providing an account of punishment that: 1) values autonomy, and 2) appeals to the principle of fairness. Punishment, in this account, restores equilibrium of benefits and burdens with respect to autonomy. Since punishment largely ignores the autonomy of the victim, however, punishment alone seems unable to ensure justice. In order to provide a more complete accou
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Jakobsson, Ellen. "Transitional Justice – An Analysis of Restorative and Retributive Mechanisms in Sub-Saharan Africa." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-76027.

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Transitional justice is an essential part of the peacebuilding process, as the need to obtain justice for victims of conflict has been recognised as imperative when constructing peace. Subsequent to the established role of justice, the debate on approaches to justice has emerged. A debate concerned with whether restorative or retributive justice is suitable for the context, as the two are frequently presented as exclusive alternatives in academic debates.   Restorative justice favours inclusion and participation as instruments to repair harm caused by crimes, while retributive justice favours
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Muwereza, Nathan [Verfasser], and Hans-Jörg [Akademischer Betreuer] Albrecht. "Retributive vs restorative justice in the Northern Uganda conflict : : a case for selective justice; the application of different forms of criminal justice = Retributive vs Restorative Justiz in der Nord-Uganda Konflikt : ein Fall für selektive Justiz; die Anwendung der verschiedenen Formen der Strafjustiz." Freiburg : Universität, 2013. http://d-nb.info/1139778498/34.

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4

Augustin, Nkusi. "A description of Gacaca courts : do they constitute a categroy of retributive or restorative justice?" Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/13511.

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Includes bibliographical references.<br>This dissertation examined restorative and retributive justice systems in order to clarify and uncover the real nature of Gacaca courts which is a mixture of both with more elements of the retributive system. The dissertation also traces the origin of Gacaca courts through a historical background of Rwanda, a description of the Gacaca courts and their procedures, outlines the principles of restorative and retributive justice and compares each to Gacaca courts, in the process revealing the real nature of Gacaca.
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Farris, Mariah. "The Differential Impacts of a Restorative Justice Approach Versus a Retributive Approach in School Discipline." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/scripps_theses/1167.

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Statistics show that suspension and expulsion rates are very high in K-12 education in the United States, and a range of studies indicate that these disciplinary strategies have long-term negative impacts on the success of students. This study evaluated perceptions of retributive and restorative approaches to discipline in schools through a two (restorative process versus retributive process) by two (restorative outcome versus retributive outcome) design. Two hundred and forty-one participants were recruited online and in person for this study. They each read a vignette that presented one of t
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Gamarra, Herrera Ronald Alex, and Acevedo Juan Pablo Pérez-León. "Serious Human Right violation victims/ International crimes and transitional justice mechanisms." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118748.

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This article discusses, in a general manner, the most important transitional justice mechanisms at which victims of serious human rights violations, constitutive of international crimes such as crimes against humanity, can participate. The analysis is mainly conducted in the light of international law areas such as international human rights law and international criminal law. Transitional justice mechanisms are examined under two categories: transitional justice mechanisms that are mainly of a retributive nature and those that are mainly of a restorative kind. In each category, possibilities,
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Imiera, Pius. "Developing a legal framework for state compensation of crime victims in Nigeria." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64611.

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The 1999 Constitution of Nigeria provides expressly for the safety and protection of the rights of citizens in general terms, including other provisions which guarantee the safety of the Nigerian people; however, the Constitution places priority on the rights of criminals over and above the rights and interests of crime victims. This position and situation has engendered public dissatisfaction with the Nigerian criminal justice systems in general and the Constitution in particular. This study has analysed the means and mechanisms available in the Nigerian legal system for crime victims’ compe
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Mesquita, Marcelo Rocha. "Justiça restaurativa : uma opção na solução de conflitos envolvendo violência doméstica e familiar contra a mulher." Universidade Federal de Sergipe, 2015. https://ri.ufs.br/handle/riufs/4360.

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This study aims to analyze the dissatisfaction of women victims of domestic and family violence with the strategy used by most of the feminist movement, evidenced in the Law|Maria da Penha|, to use the criminal law and its retributive model, as a tool anti-discrimination and gender-based violence, and to identify restorative justice as an alternative to supply better the expectations and needs of women. For this purpose, a field research in the Domestic and Family Violence against Women Court in Aracaju County (SE), which were heard 191 (one hundred and ninety-one) victims in criminal proceed
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Sasaki, Kazuyuki. "Beyond dichotomies : the quest for justice and reconciliation and the politics of national identity building in post-genocide Rwanda." Thesis, University of Bradford, 2009. http://hdl.handle.net/10454/4891.

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Justice and reconciliation are both highly complex concepts that are often described as incompatible alternatives in the aftermath of violent conflicts, despite the fact that both are fundamental to peacebuilding in societies divided by the legacies of political violence, oppression and exclusion. This thesis examines the relationship between justice and reconciliation, pursued as essential ingredients of peacebuilding. After advancing an inclusive working conceptual framework in which seemingly competing conceptions regarding justice and reconciliation are reconceived to work compatibly for b
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Fulkerson, William Andrew. "What works : retribution or restoration? : an examination of the drug treatment court and the victim impact panel as restorative justice interventions and their effect on recidivism rates." Thesis, University of Portsmouth, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.402287.

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