Restorative justice as postmodern justice: exegesis and critique
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Date
2016
Authors
Journal Title
Journal ISSN
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Publisher
University of the Western Cape
Abstract
This essay explores the relationship between postmodernism and RJ.
Postmodernism quickly outgrew its non-legal origins and has extended its
reach to incorporate matters legal. Already, it has established a significant
presence in the law, as increasing numbers of legal theorists have adopted or
included a postmodern perspective in their analytical endeavours. The
particular concern of the essay is with the impact of postmodernism upon the
field of criminal justice. In this connection, it is submitted that RJ is the
exemplification of the postmodern attitude in criminal justice. This submission
is grounded in an investigation of the interrelations between postmodernism
and RJ in six spheres, namely, the state, history, alterity, power, subjectivity
and consumerism. This investigation shows that in each sphere there is a
discernible and compelling postmodern flavour to the RJ tenet in question. In
consequence, it is posited that the intersection between postmodernism and RJ
is significant enough to justify the proposition that if there is a postmodern
criminal justice it is RJ. In other words, RJ is postmodern justice. However, the
relationship between postmodernism and RJ is steeped in contradiction. The
latter part of the essay seeks to probe this contradiction, via an exposition and
critique of the political economies of postmodernism and RJ, with a view to
comprehending its implications for the future of RJ.
Description
Keywords
Law, Legislation, South Africa, Legal practice, Restorative justice, Banking, Corruption, Abortion, Corporate law, Life imprisonment, International Criminal Court
Citation
Koen, R. (2016). Restorative justice as postmodern justice: exegesis and critique. In Martin, B. and Koen, R. (ed.). Law and justice at the dawn of the 21st century: Essays in honour of Lovell Derek Fernandez. Bellville: University of the Western Cape