Restorative Justice and the Big Tent

tentI have a new paper on SSRN discussing some of the pitfalls that the restorative justice movement may encounter.  The paper responds to Professor Erik Luna’s essay “In Support of Restorative Justice.” Luna extolls the capacity of restorative justice practices to accommodate diverse theories of punishment, but I argue that such a “big tent” approach may undermine the ability of the restorative justice movement to bring meaningful reform to the American system of mass incarceration. This comment was published along with Luna’s essay and additional responses in Criminal Law Conversations (Paul H. Robinson et al. eds., 2009).

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