The adoption of restorative justice ideas as an example for cursory affairs in the legal sociology: Case of Serbia
The modern agenda of restorative justice has arisen as a critique against the retributive criminal justice. The restorative-justice-movement offers valuable ideas, which can be adopted, rethought and incorporated in any self-aware criminal justice system. Therefore, the fact that there is a raising...
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Format: | Article |
Language: | English |
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Serbian Sociological Association, Belgrade
2011-01-01
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Series: | Sociološki Pregled |
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Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0085-6320/2011/0085-63201101045B.pdf |
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author | Breneselović Luka |
author_facet | Breneselović Luka |
author_sort | Breneselović Luka |
collection | DOAJ |
description | The modern agenda of restorative justice has arisen as a critique against the retributive criminal justice. The restorative-justice-movement offers valuable ideas, which can be adopted, rethought and incorporated in any self-aware criminal justice system. Therefore, the fact that there is a raising awareness in many countries for different victim rights and restorative programmes does not by necessity mean that all claims of the restorative-justice-movement are to be accepted and baptized in the near or far future. However, the case of Serbia shows that for some countries the restorative-justice-movement may represent a serious danger: very modern and advanced institutions of criminal justice may be disregarded, while misinterpreted as a barrier to introduction and existence of restorative justice. The purpose of punishment in Serbian criminal law has traditionally been the crime prevention. Therefore the goal of restorative justice advocates in Serbia must not be to plainly transplant the arguments, such as the one that the 'traditional' criminal justice system must be and eventually will be replaced with a restorative one. Differently than in many other countries, the 'traditional' criminal justice system in Serbia is not the retributive but the preventive one, and therefore compatible with basic restorative justice ideas. |
first_indexed | 2024-12-18T00:40:49Z |
format | Article |
id | doaj.art-7982514657474450884c02031c0bcf4f |
institution | Directory Open Access Journal |
issn | 0085-6320 2560-4880 |
language | English |
last_indexed | 2024-12-18T00:40:49Z |
publishDate | 2011-01-01 |
publisher | Serbian Sociological Association, Belgrade |
record_format | Article |
series | Sociološki Pregled |
spelling | doaj.art-7982514657474450884c02031c0bcf4f2022-12-21T21:26:53ZengSerbian Sociological Association, BelgradeSociološki Pregled0085-63202560-48802011-01-01451456610.5937/socpreg1101045B0085-63201101045BThe adoption of restorative justice ideas as an example for cursory affairs in the legal sociology: Case of SerbiaBreneselović Luka0Institute of Comparative Law, Belgrade, SerbiaThe modern agenda of restorative justice has arisen as a critique against the retributive criminal justice. The restorative-justice-movement offers valuable ideas, which can be adopted, rethought and incorporated in any self-aware criminal justice system. Therefore, the fact that there is a raising awareness in many countries for different victim rights and restorative programmes does not by necessity mean that all claims of the restorative-justice-movement are to be accepted and baptized in the near or far future. However, the case of Serbia shows that for some countries the restorative-justice-movement may represent a serious danger: very modern and advanced institutions of criminal justice may be disregarded, while misinterpreted as a barrier to introduction and existence of restorative justice. The purpose of punishment in Serbian criminal law has traditionally been the crime prevention. Therefore the goal of restorative justice advocates in Serbia must not be to plainly transplant the arguments, such as the one that the 'traditional' criminal justice system must be and eventually will be replaced with a restorative one. Differently than in many other countries, the 'traditional' criminal justice system in Serbia is not the retributive but the preventive one, and therefore compatible with basic restorative justice ideas.http://scindeks-clanci.ceon.rs/data/pdf/0085-6320/2011/0085-63201101045B.pdfrestorative justicecriminal policycriminal lawsociology of law |
spellingShingle | Breneselović Luka The adoption of restorative justice ideas as an example for cursory affairs in the legal sociology: Case of Serbia Sociološki Pregled restorative justice criminal policy criminal law sociology of law |
title | The adoption of restorative justice ideas as an example for cursory affairs in the legal sociology: Case of Serbia |
title_full | The adoption of restorative justice ideas as an example for cursory affairs in the legal sociology: Case of Serbia |
title_fullStr | The adoption of restorative justice ideas as an example for cursory affairs in the legal sociology: Case of Serbia |
title_full_unstemmed | The adoption of restorative justice ideas as an example for cursory affairs in the legal sociology: Case of Serbia |
title_short | The adoption of restorative justice ideas as an example for cursory affairs in the legal sociology: Case of Serbia |
title_sort | adoption of restorative justice ideas as an example for cursory affairs in the legal sociology case of serbia |
topic | restorative justice criminal policy criminal law sociology of law |
url | http://scindeks-clanci.ceon.rs/data/pdf/0085-6320/2011/0085-63201101045B.pdf |
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