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The Restorative Justice Apparatus: A Critical Analysis of the Historical Emergence of Restorative Justice

The Restorative Justice Apparatus: A Critical Analysis of the Historical Emergence of Restorative... Drawing on Michel Foucault’s theoretical reservoir, this article conceptualizes restorative justice (RJ) as an ‘apparatus’, that is, a dynamic ensemble of elements whose emergence is related to the development of a distinctive political rationality (ethopolitics). This approach enables a multidimensional comprehension of RJ, since it targets both discursive and non-discursive elements, their power/knowledge relations and subjugating effects. Furthermore, the article explores possibilities for an emancipatory RJ, against the subjective entrapment that the apparatus produces, offering some practical examples. Overall, this work aims to offer a theoretically engaged and critical scrutiny of RJ by using an underexploited analytical device – the apparatus – apt to make visible unexpected dimensions of this ‘new’ frontier of western penalty. This could enhance our understanding of the emergence and possible trajectories of RJ, by identifying risks and opportunities as well as tools for disentanglement from its most problematic institutional developments. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Social & Legal Studies SAGE

The Restorative Justice Apparatus: A Critical Analysis of the Historical Emergence of Restorative Justice

Social & Legal Studies , Volume 28 (5): 25 – Oct 1, 2019

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References (114)

Publisher
SAGE
Copyright
© The Author(s) 2018
ISSN
0964-6639
eISSN
1461-7390
DOI
10.1177/0964663918806561
Publisher site
See Article on Publisher Site

Abstract

Drawing on Michel Foucault’s theoretical reservoir, this article conceptualizes restorative justice (RJ) as an ‘apparatus’, that is, a dynamic ensemble of elements whose emergence is related to the development of a distinctive political rationality (ethopolitics). This approach enables a multidimensional comprehension of RJ, since it targets both discursive and non-discursive elements, their power/knowledge relations and subjugating effects. Furthermore, the article explores possibilities for an emancipatory RJ, against the subjective entrapment that the apparatus produces, offering some practical examples. Overall, this work aims to offer a theoretically engaged and critical scrutiny of RJ by using an underexploited analytical device – the apparatus – apt to make visible unexpected dimensions of this ‘new’ frontier of western penalty. This could enhance our understanding of the emergence and possible trajectories of RJ, by identifying risks and opportunities as well as tools for disentanglement from its most problematic institutional developments.

Journal

Social & Legal StudiesSAGE

Published: Oct 1, 2019

There are no references for this article.