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Thesis

Restorative justice as governance: tracing trajectories of penal politics

Abstract:
A new mode of penal governance, restorative justice has followed a turbulent trajectory in the UK. Drawing on a thematic analysis of qualitative interviews with advocates and professionals influencing criminal legal policy, this paper charts the contemporary trajectory of restorative justice in the UK in three ways. First, it argues that an interrelated composite of explanations underlay marginalizations of restorative justice— including broader punitive emotional and managerial discourses along with key decisionmakers’ personal lack of attachment to the practice. Second, it advances a dichotomy between restorative justice for young people and for adults, which fractures restorative justice as a mode of governance. Finally, it posits that different political contexts and contests over sovereignty between the UK jurisdictions of England and Wales and Northern Ireland once again fractured the approach. This study contributes to the growing literature about the politics of policymaking in general, and the politics of restorative justice policy in particular.

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Author

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Supervisor


DOI:
Type of award:
MPhil
Level of award:
Masters
Awarding institution:
University of Oxford

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