THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
THE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGl*Mitakuyapi Owas'in (All My Relations) Traditional Dakota greeting* 1Wi? belong to one another Douglas Sturm on the Principle of Internal Relations2INTRODUCTIONRestorative justice is a value-based, dialogue-driven approach to conflict resolution that is rooted in a wager about the nature of reality THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING and the human condition, namely that “(e]very human being wants to be connected in a good way'* and in a “safe place'* we are able to take action thrTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
ough dialogue to build community so that all life might flourish.3 This wager embraces the idea that deep within every human heart there is a restoratTHE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGjustice offers a refreshingly different framework for thinking about* Professor of Law. Hamline University School of Law. Thanks to my teaching colleague Penelope Harley for proposing that the two of US undertake the experiment we shared in the spring of 2005 to teach Restorative Justice inside a ta THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGlking circle in a law school setting. That experience, and the students who participated in the course then, and in our separate offerings in the sameTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
format since, have been the source of many fruitful conversations as I have worked on this article. Thanks also to my colleagues Bobbi McAdoo and JimTHE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGntribution these three colleagues have made to my understanding of conflict resolution. 1 hasten to add that the opinions set out here and the errors that remain are mine alone.1Waziyatawin Angela Wilson. Remember This!: Dakota Decolonization and THE Eli Taylor Narratives 62 (2005).2Douglas Sturm. I THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGntroduction: Thinking Afresh About Faith and Politics, in Belonging Together: Faith and Politics in a Relational Age 1 (Douglas Sturm ed.. 2003).3KayTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
Pranis, Barry Stuart & Mark Wedge. Peacemaking Circles: From Crime, TO Community 9 (2003) [hereinafter Pranis ET AL.Ị.565566 CARDOZO J. OF CONFLICT RETHE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING. Restorative justice acknowledges the damaged relationships, as well as the injuries sustained by victims, that result from any wrongdoing and focuses on healing for all those involved, including communities and offenders. Applied within the criminal justice system, restorative justice shares with THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGretributive justice the concern with making right the wrong that has been done, but restorative justice takes a broader and deeper approach because thTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
ere is much more involved in crime and wrongdoing than law breaking. Therein lies its potential for application beyond the concerns of conventional crTHE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGght not normally be thought of as having the potential for resolution in the judicial system, such as conflicts between groups of people that involve issues of social justice.The promise of restorative justice is found in the vision of hope for building community in the midst of conflict that animat THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGes its practice. Inspired by this vision, restorative justice is a distinctive form of conflict resolution that has transformative possibilities for mTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
oving from the burden of past wrongdoing into the promise of a new future in which new relationships are forged so that all life might flourish. This THE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGe practice of restorative justice dialogue as a “wager” is to speak of it as the starting point for the practice of restorative justice, and to assert its truth as a matter of reason and experience while acknowledging the limits of both reason and experience, as well as embracing an openness to its THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGamendment as future thought and experience might dictate. In a formal sense, a “wager” is something that one makes based on a conviction of the truthTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
of a proposition or likelihood that an event will occur.4 In the case of the restorative justice wager. I intend it to mean a commitment to a startingTHE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGRandom House Unabridged Dictionary (2136) (2d ed. 1993). defines “wager” as follows: "wager n. 1. Something risked or staked on a certain event... 6. Hist, to pledge oneself (to battle) for the decision of a cause.”2007] THE RESTORATIVE JUSTICE WAGER 561 conflict resolution present in the face of th THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGe human condition.5 In a nutshell, the wager of restorative justice says something about who we are as humans and what we together can accomplish to bTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
uild community through open dialogue . Thus, while humans are limited in many ways and their judgments and actions are always contingent and based on THE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGto be connected in a good way' and that in a ‘safe* place we are able to take action through dialogue to build community so that all life might flourish*'6 is a wager about the human possibility to collectively construct and reflect, in a good way. our deep interconnectedness as a matter of the real THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGity we share.In this article. I explore the deep assumptions and commitments associated with what I have called the restorative justice wager and theTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
way in which they are embodied in restorative justice dialogue, the heart of restorative justice practice, in order to describe the important contribuTHE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGe is divided into three parts. Part I explores the definition of restorative justice in a criminal context and beyond in order to set up the discussion of the restorative justice wager and the possibilities for healing presented by restorative justice dialogue that are taken up in Part II. In Part I THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGI. extended discussion is devoted to peacemaking circles, one of the four major forms of restorative justice, as the quintessential example of the traTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
nsformative possibilities that restorative justice offers when careful and continuing attention is placed on the quality of the dialogue conducted in THE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGe key to initiating and maintaining careful attention to the quality of the dialogue in order to invite the transforming possibilities of such dialogue to emerge on the road to social healing that takes the restorative justice wager seriously as both the starting point, touchstone and purpose of eng THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGaging in restorative practices. In Part III. I offer a suggestion for the next step in constructing a relational theory of5In doing so I am explicitlyTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
embracing the transformative possibilities of conflict resolution as described in John Paul LederacÌ1. The Lirn.E Book op Conflict Transformation (20THE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING conflict resolution with the help of the principle of internal relations. In the Epilogue that follows Part 111. 1 offer a brief personal reflection on the challenges and possibilities that restorative justice sets before US to address the on-going trauma caused by the clash between indigenous peop THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGles and the immigrants who have settled upon their lands in the United States.I. RESTORATIVE JUSTICE DEFINED: Tin: Criminal Conti-XT and BeyondTo begiTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
n our discussion of the restorative justice wager and the potential for its application to conflict resolution beyond the criminal context that restorTHE RESTORATIVE JUSTICE WAGER: THE PROMISE AND HOPE OF A VALUEBASED, DIALOGUE-DRIVEN APPROACH TO CONFLICT RESOLUTION FOR SOCIAL HEALINGHoward J. Vogel THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALINGr forms, and the many variations on these forms that have been developed as the result of the experience of practitioners around the world. In North America, victim-offender mediation (VOM) was the first of the four major forms of restorative justice to emerge. It arose out of the experiments of the THE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING victim offender reconciliation project (VORP) conducted by Mennonite groups in Kitchener. Ontario in 1974 and Elkhart. Indiana in 1977-78/ The shiftTHE-RESTORATIVE-JUSTICE-WAGER--THE-PROMISE-AND-HOPE-OF-A-VALUEBASED-DIALOGUE-DRIVEN-APPROACH-TO-CONFLICT-RESOLUTION-FOR-SOCIAL-HEALING
in terminology from VORP to VOM signaled a shift in focus, based on experience, from reconciliation to mediation as a defining characteristic of victiGọi ngay
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