Abstract

While the potential of restorative justice is increasingly being recognized worldwide, its relation to criminal justice is a matter of debate. This chapter opts for a “consequential” approach to restorative justice. In the longer term, this view pursues the modification of the punitive premise in criminal justice into a reparative/restorative premise. The chapter explains the social-ethical and instrumental reasons for this option and describes the emerging contours of a restorative criminal justice system. It explores the relation of restorative justice to punishment, and it seeks grounds for constructing appropriate legal safeguards by considering restorative justice as a form of “inversed, constructive retributivism.” Finally, the process toward more restorative justice is positioned as a step in the civilization process.