Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer J. Llewellyn, Bruce P. Archibald, Don Clairmont, Diane Crocker
Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer J. Llewellyn, Bruce P. Archibald, Don Clairmont, Diane Crocker
Dalhousie Law Journal
Whether restorative justiceis "successful," or not, is a complex question. Attempts to answer this question by practitioners, professionals, and scholars have often been bounded by common notions of success in standard criminal justice terms. The authors of this paper suggest that ifrestorative justice is properly understood in terms of its focus on relationship, success should be measured on new and different dimensions. This paper seeks to bring a relational imagination to the scholarly effort of capturing the essence ofrestorative justice and figuring out how to assess its successes and failures. The authors offer a foundation and agenda for future research …
The Rise And Fall Of Duress (Or How Duress Changed Necessity Before Being Excluded By Self-Defence), Steve Coughlan
The Rise And Fall Of Duress (Or How Duress Changed Necessity Before Being Excluded By Self-Defence), Steve Coughlan
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada decision in R. v. Ryan significantly reshaped both the common law and statutory defenses of duress, harmonizing them and, in the case of the common law defense, fully articulating it for the first time. The decision is admirable for that reason. This paper argues that two further results can also be seen. First, the defense of necessity is a common law one which is conceptually similar to duress. The Court's reasoning at a policy level about duress ought therefore to be applicable to necessity: this paper traces the ways in which that latter defense ought …