修復的司法の限界と可能性 : 当事者の主体性尊重の観点から

抄録

This study aimed to examine practices of restorative justice in various countries and regions such as Europe and the United States, the ideas which supported these practices, and the limitations and problems associated with restorative justice. This study also examined the possibilities of restorative justice from the viewpoint of respecting the subjectivity of the person concerned. One of Howard Zehr's ideas on restorative justice was examined, as were practices of restorative justice using several typical models. We followed this by examining the institutional problems with and limitations of restorative justice, as well as the viewpoints of victims, perpetrators, and communities. Based on the study's results, we examined the possibilities and conditions for restorative justice to be useful to each of these persons, and to become a democratic and effective measure against crime. Our overriding conclusion was that respect for the subjectivity of the person concerned was the most important factor.