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Probation, Punishment and Restorative Justice: Should Al Turism be Engaged in Punishment?

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The argument of this article is that we should understand probation as a mode of punishment: not as the kind of ‘merely punitive’ punishment which is all too familiar in our existing penal systems, but as a mode of constructive punishment which seeks to bring offenders to face up to the effects and implications of their crimes, to rehabilitate them, and to secure the kinds of goal — reparation and reconciliation — that are emphasised by advocates of restorative justice. To support this argument, I sketch a conception of punishment as a communicative enterprise in which probation officers would play a crucial role — not merely in administering sentences, but as mediators between offenders, victims and the wider community.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/1468-2311.00275

Affiliations: Professor of Philosophy, Department of Philosophy, University of Stirling

Publication date: May 1, 2003

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