By Sinclair Dinnen, Anita Jowitt, Tess Newton
With their wealthy traditions of clash solution and peacemaking, the Pacific Islands supply a fertile atmosphere for constructing new methods to crime and clash. Interactions among formal justice platforms and casual equipment of dispute answer include important insights for coverage makers and others attracted to socially attuned resolutions to the issues of order which are discovered more and more within the Pacific Islands as in other places. individuals to this quantity contain Pacific Islanders from Vanuatu, Fiji, the Solomon Islands, Papua New Guinea together with Bougainville, in addition to outsiders with a longstanding curiosity within the area. they arrive from quite a few backgrounds and comprise felony justice practitioners, students, conventional leaders and neighborhood activists. The chapters take care of clash in a number of contexts, from interpersonal disputes inside of groups to large-scale conflicts among groups. it is a publication not just of reports but additionally of useful versions that mix diverse traditions in inventive methods and that provide the possibility of establishing extra sustainable resolutions to crime and clash.
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Extra info for A Kind of Mending: Restorative Justice in the Pacific Islands
Alumita Durutalo pursues a similar line of enquiry in her examination of traditional and introduced modalities of conflict resolution in Fiji. In the former context, she claims that the primary purpose of punishment was not to alienate but to reform. The absence of any significant reform dimension in the practice of modern judicial punishment is, in her view, a contributing factor to the current high rates of recidivism in Fiji (see Moore this volume). She also makes the connection between the marginalisation of large numbers of Fijian youth and increasing levels of social and political instability.
They are presided over by village leaders appointed as Village Court magistrates. Under the enabling legislation, the Court should attempt to reach a settlement through mediation prior to exercising its formal jurisdiction. Magistrates can impose fines, issue community work orders, or order that compensation be paid to 15 16 a kind of mending an aggrieved party. While designed primarily for rural areas, these courts now also operate in most urban centres. Alongside the courts and tribunals of varying degrees of formalism established by the state, numerous unofficial forums for dealing with local disputes with little or no formal connections to state institutions continue to exist.
Forgiveness and apology are gifts; they only have meaning and power if they are freely chosen by those who give them in response to an injustice. Yet the theory of restorative justice is that by creating safe spaces where people listen respectfully to the stories of the other about the injustices they believe they have suffered, forgiveness and apology are the fundamentals of restorative justice more likely to issue. 5 The prescriptive normative content of restorative justice is therefore rather minimalist — non-domination, empowerment, respectful listening and a process where all stakeholders have an opportunity to tell their stories about the effects of the injustice and what should be done to make them right.
A Kind of Mending: Restorative Justice in the Pacific Islands by Sinclair Dinnen, Anita Jowitt, Tess Newton