Research Output
Restorative Justice Policy in Context: A Legal-Archaeological Analysis
  This paper provides an original, in-depth analysis of English and Welsh criminal and penal policy on restorative justice. By using a historically-discursive approach—legal archaeology—this study firstly outlines the overarching representations of restorative justice within policy, unpacking their internal organisation. Then, it interprets such patterns of knowledge in light of specific cultural, political and professional transformations involving the Anglo-Welsh criminal justice field over the last 30 years. Along these lines, it generates a historically documented policy map whilst problematising the taken-for-granted images of restorative justice which populate regulations, codes and laws. This has implications for the study of the relationships between restorative justice policy and practice and for future research on the institutionalisation of this ‘new’ frontier of penality. More generally, the exploration of (unexpected) links between policy, politics and culture, provides material for a critical assessment of how state agencies appropriate community-based and practice-led forms of justice.

  • Type:

    Article

  • Date:

    21 July 2020

  • Publication Status:

    Published

  • Publisher

    Springer Science and Business Media LLC

  • DOI:

    10.1007/s11196-020-09747-0

  • Cross Ref:

    9747

  • ISSN:

    0952-8059

  • Funders:

    Edinburgh Napier Funded

Citation

Maglione, G. (2022). Restorative Justice Policy in Context: A Legal-Archaeological Analysis. International Journal for the Semiotics of Law, 35, 493-517. https://doi.org/10.1007/s11196-020-09747-0

Authors

Keywords

Restorative justice, Reparation, Legal archaeology, Discourses, England and Wales

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