Crime and punishment are two key concepts in both Criminal Justice and Criminology. These concepts are designed by criminal Law to align with each other. RJ considered as a movement in Criminology is principally focused on the second key concept, that is to say the punishment. In fact, in RJ literature one can find rich consideration on the conceptual relationship between RJ and punishment, comparisons between retributivism and restoration etc. Nevertheless, there is much less research on the relation between RJ and the crime per se. The authors of this paper chose three of the criminological theories of crime that have influenced current criminal policies, namely the “classicism”, the “individual positivism”, and the “’law and order’ conservatism” and try to examine their convergence or not with RJ.
- MANTLE Greg, FOX Darrell and DHAMI Mandeep K., “Restorative Justice and Three Individual Theories of Crime”, Internet Journal of Criminology IJC, 2005:5
Claudia Mazzucato is Professor of Criminal Law at the Università Cattolica del Sacro Cuore in Milan and one of the facilitators in a ten-year long restorative process with victims and former members of Italian armed groups responsible for political violence during the ‘70s-‘80s. In this video Claudia gives her plenary speech during the 10th EFRJ International Conference that took place in June 2018 in Tirana. Claudia propose to expand the imagination of the legal theory, capitalizing on RJ as a way to challenge the accepted vision not only of the penal systems, but of criminal law itself, in a most concrete and fascinating way. Claudia’s speech deepens the intimate, democratic relationship between the criminal norm – or rule of conduct – and RJ: each one needing the other, each one controlling and curbing the other, each one enriching the other. Two images, each drawn from Claudia’s most recent philosophical passions and personal experiences, will guide her reflections: the straight lines of ‘rights’ (the law) and the circles of (restorative) justice; the linear ‘ought to’ and the contorted stories and narratives of people, especially those confronted with injustices; the square provisions of the ‘general’ norm and the twisted elements of the ‘particular’ case.
- MAZZUCATO Claudia, “Restorative intersections with the criminal justice system” (Tirana 14 June 2018)
Restorative Justice (RJ) awareness campaign launched by
the Center for the Study of Crime (CESC)
in collaboration with
PhD candidate Aix-Marseille University
European Forum for Restorative Justice (EFRJ) Board member
Athens, 17-24 November 2019