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Law and Philosophy

Hyun G Lee

2015

Restorative Justice

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Reforming Restorative Justice For Legal Philosophy, Hyun G. Lee Jan 2015

Reforming Restorative Justice For Legal Philosophy, Hyun G. Lee

Hyun G Lee

Many jurisdictions around United States and rest of the world have implemented restorative justice practices as part of its justice system. Despite the growing number of restorative justice initiatives, “scholars of jurisprudence and legal philosophy … have paid little attention to the developments….” If the legal philosophy scholars accepted or engaged in restorative justice theory, there would be even broader acceptance of restorative justice practices. There are, however, several obstacles that prevent a broader acceptance of restorative justice.

First, restorative justice practitioners must use the same terminology and definition as legal philosophers, particularly the terms retribution and punishment. Restorative justice …