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Cover The Oxford Handbook of Criminology

33. Restorative justice in the twenty-first century: Making emotions mainstream  

Meredith Rossner

This chapter explores recent developments in restorative justice theory, research, and practice. It examines reasons why it has been challenging to define restorative justice and offers a definition that articulates the relationship between values, processes, and outcomes. It then explores the main theoretical traditions that seek to explain how and why restorative justice ‘works’ as a response to crime: shame theories, procedural justice theories, and ritual theories. Following this, it reviews the empirical evidence on how offenders and victims experience restorative justice compared to court, and whether it can reduce reoffending. It concludes by surveying select debates and tensions that arise as the practice continues to evolve.

Chapter

Cover The Oxford Handbook of Criminology

39. Punishment in the community: Evolution, expansion, and moderation  

Gwen Robinson and Fergus McNeill

This chapter examines the development and expansion of community sanctions and measures in the UK since the introduction of probation in the early twentieth century. After introducing the main types of punishment in the community (supervision; unpaid work; treatment and other activities; restrictions and prohibitions), it considers their evolution in relation to four main rationales: rehabilitation, reparation, management, and punitiveness. The chapter then reviews some key sociological perspectives on punishment in the community, focusing on work inspired by Foucault, Durkheim, and Marx. Finally, it provides an introduction to recent research on punishment in the community in other jurisdictions, particularly Europe and the USA. The chapter presents two main conclusions: firstly, that there is now substantial international evidence to suggest that the expansion of punishment in the community has failed to deliver reductions in the use of imprisonment; and secondly, that arguments for penal moderation should take into account the ‘painful’ character of community sanctions and measures.

Chapter

Cover International Law Concentrate

9. State responsibility  

The law of international responsibility sets out the legal consequences arising from a breach by a State of its international obligations. It should be distinguished from ‘primary rules’ of international law, which lay down international obligations. International responsibility arises when a certain act or omission is wrongful, ie it is attributed to a State and it amounts to a violation of its ‘primary’ obligations. The international responsibility may be excused under certain strict circumstances, such as consent or necessity. Otherwise, the responsible State should cease the wrongful conduct and, in case of damage, it should provide reparation to the injured State, in the form of restitution, compensation, and satisfaction.

Chapter

Cover International Law

14. The Character and Forms of International Responsibility  

James Crawford and Simon Olleson

This chapter begins with an overview of the different forms of responsibility/liability in international law, and then focuses on the general character of State responsibility. The law of State responsibility deals with three general questions: (1) has there been a breach by a State of an international obligation; (2) what are the consequences of the breach in terms of cessation and reparation; and (3) who may seek reparation or otherwise respond to the breach as such, and in what ways? As to the first question, the chapter discusses the constituent elements of attribution and breach, as well as the possible justifications or excuses that may preclude responsibility. The second question concerns the various secondary obligations that arise upon the commission of an internationally wrongful act by a State, and in particular the forms of reparation. The third question concerns issues of invocation of responsibility, including the taking of countermeasures.

Chapter

Cover Cassese's International Law

12. International State Responsibility for Wrongful Acts  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

The chapter begins by discussing the history of the codification of the law of State responsibility. It then considers the current regulation of State responsibility, by distinguishing the ‘ordinary’ legal regime and the ‘aggravated’ State responsibility, and goes on to explore the main differences between the two regimes. It focuses on the elements of the internationally wrongful act, particularly on the attribution of conduct to a State and the relevance of fault and damage. In addition, it examines the circumstances which preclude wrongfulness and the consequences of the internationally wrongful act (with particular reference to the obligation to provide reparation).

Chapter

Cover The Oxford Handbook of Criminology

38. Punishment in the community: evolution, expansion, and moderation  

Gwen Robinson and Fergus McNeill

This chapter examines the development and expansion of community sanctions and measures in the UK since the introduction of probation and parole in the early twentieth century. After introducing the main types of punishment in the community (supervision; unpaid work; treatment and other activities; restrictions and prohibitions), it considers their evolution in relation to four main rationales: rehabilitation, reparation, management, and punitiveness. The chapter then reviews some key sociological perspectives on punishment in the community, focusing on work inspired by Foucault, Durkheim, and Marx. Finally, it provides an introduction to recent research on punishment in the community in other jurisdictions, particularly Europe and the USA. The chapter presents two main conclusions: firstly, that there is now substantial international evidence to suggest that the expansion of punishment in the community has failed to deliver reductions in the use of imprisonment; and secondly, that arguments for penal moderation should take into account the ‘painful’ character of community sanctions and measures.

Chapter

Cover The Oxford Handbook of Criminology

42. Restorative justice in the twenty-first century: making emotions mainstream  

Meredith Rossner

This chapter explores recent developments in restorative justice theory, research, and practice. It examines reasons why it has been challenging to define restorative justice and offers a comprehensive definition that articulates the relationship between values, processes, and outcomes. It then explores the main theoretical traditions that account for the claims of restorative justice: shame theories, procedural justice theories, and ritual theories. Following this, it reviews the empirical evidence on how offenders and victims experience restorative justice compared to court, and whether it can reduce reoffending. This chapter also discusses contemporary debates around restorative justice and punishment. It concludes by offering an assessment of the future of restorative justice.

Chapter

Cover Brownlie's Principles of Public International Law

26. Consequences of an internationally wrongful act  

In the event of an internationally wrongful act by a state or other subject of international law, other states or subjects may be entitled to respond. This may be done by invoking the responsibility of the wrongdoer, seeking cessation and/or reparation, or (if no other remedy is available) possibly by taking countermeasures. This chapter discusses international law governing cessation, reparation, invocation.