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Lieve Bradt (Ghent University) Erik Claes (HUBrussels)

Lieve Bradt (Ghent University) Erik Claes (HUBrussels). Community thinking in/and restorative justice practices. Overview. The concept of community within restorative justice literature Changing lenses: Victim-offender mediation as community development practice?

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Lieve Bradt (Ghent University) Erik Claes (HUBrussels)

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  1. Lieve Bradt (Ghent University)Erik Claes (HUBrussels) Community thinking in/and restorative justice practices

  2. Overview • The concept of community within restorative justice literature • Changing lenses: Victim-offender mediation as community development practice? • Case study: local juvenile mediation service in Flanders hosting a project with volunteering mediators

  3. Community within RJ literature • ‘The truth is […] thatit has not been possiblefor RJ proponentstoformulate a definitiontowhichallwouldbeabletosubscribe. […] Arguably, the only agreement thatexists in the literatureregardingRJ’sconcepts is thatthere is no consensus as toits exact meaning” (Gavrielides, 2007, p. 37) • The sameseemstobetruefor the concept of ‘community’ • “[...] supporters of restorativejusticeembrace diverse definitions of the concept” (Pavlich, 2004) • “One of the greatestchallengesfacingrestorativejustice […] is todefine the role of “community” in theoryandpractice” (McCold, 2004) • “The concept of community is often put forward in restorativejusticeliterature but rarelyclearlydefined” (Vanfraechem, 2007)

  4. Community within RJ literature • Diverse conceptualisations • Local area ↔ international community • Micro-community ↔ macro-community (McCold, 2004) • Geographic entity/place ↔ communities of care • Dimensions: Communities of care – local community – public dimension of community (Vanfraechem, 2007) • Fixed or dynamic? (Dzur & Olson, 2004)

  5. Community within RJ literature • Conceptualisations are related to the assumed goals of restorative justice • Micro-community: focus on proces/means • Macro-community: focus on outcome/ends • Representation • Public protection

  6. Reasons for community involvement •  “RJ advocates all view the community in positive terms” (Pavlich, 2004) • Enhancing informal social control • Giving the conflict back • Strenghten family bonds and civil society • Building caring communities • Participation • Efficacy – empowerment – education (Dzur & Olson, 2004)

  7. Community within RJ literature • Five questions about community • Who is the community? • What are the characteristics of community? • What makes a community different – if at all – from other social relations? • Who embodies the community? • Why is community involvement relevant? •  No answers within RJ literature

  8. Changing lenses? • Community seems te be approached as something ‘outside’ restorative justice practices: • How to bring in the community? • How to restore the community? • Who can/should represent the community? •  Homogeneity • Changing lenses: Victim-offender mediation as community development practice • What kind of communities are constructed through victim-offender mediation

  9. ‘The community development’ lens • 1. Community is imagined and developed in concrete social practices. • Community is not a given entity, but social construction • 2. Highlights awareness of ‘togetherness’/interconnectedness as a value in itself

  10. The community-development lens • 3. Highlights the self-reflexive quality of social practices • 4. Social practices affirm plurality of perspectives and embrace exchanges between perspectives • 5. Social practices are constructed as part and parcel of civil society • 6. Social practices reflect and develop cooperative, deliberative and responsible citizenship

  11. Case study:Local mediation practice involving volunteers • local juvenile mediation service in Flanders (BAL) • = hybrid organisation (cooperation between local authority and NGO’s, funded by government of Flemish government, steered by multi-actor committee) • Serves a variety of goals: • 1. qualitative mediation offer for victims and offenders; • 2. promoting participative and communicative justitice; • 3. stimulating participative citizenship; • 4. building social support for restorative justice • Hosts a volunteers project since 2005

  12. Community development in BAL • How does BAL imagines community through its mediation practice and volunteers project? • 1. Community is construed/imagined as a society of trust-building citizens. • Volunteering mediators embody cooperative and trust-building citizenship • Professional mediators express ‘democratic professionalism’ (they facilitate public participation of victims, offenders and volunteering citizens)

  13. Community development in BAL • 2. Community development in mediation practices involves a co-learning process • Victims and offenders are invited to take part in a process of civic participation • Volunteering mediators and professional mediators support each other in their deliberative capabilities

  14. Community development in BAL • 3. BAL cultivates awareness of interconnectedness and resilience between citizens: • - through the mediation practice by facilitating interconnectedness between victims and offenders • - through the volunteers project by: • cultivating awareness of interconnectedness between volunteering mediators and conflicting parties • Cultivating awareness of interconnectedness between professionals and volunteering mediators

  15. Community development in BAL • 4. BAL highlights plurality of perspectives and embraces exchange of perspectives: • - through the principle and values of mediation • - through its account of restorative justice. • Restorative Justice is seen as a response to different perspectives and dimensions of criminality • - by recognising the distinctiveness of the formal- legal perspective and by promoting exchange with this perspective • - through interaction and cooperation between volunteers and professional mediatiors

  16. Community development in BAL • 5. BAL sees its practice as part and parcel of civil society • - By positioning itself as an independent actor cooperating with state-officials in and outside the criminal justice system • - By building broader social support in civil society for restorative values and practices. • - By attracting support from volunteering citizens and bringing volunteering citizens together around a common, civic purpose

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