Genesis of the theory of restorative justice

Teacher Dobrinka ChankovaChair of public law departement e-mail: chankova@law.swu.bg chankova@yahoo.comSouth-West-Blagoevgrad,Bulgaria

In Barcelona was the first seminar pan europeen in July 1990.Idea, in 1996 mediation in Council of Europe. Recomandation 99/19 mediation in penal matters.Another Comitation EFRJ in 2000.France was legislation in mediation in penal matters which is a genial idea.In France that will been also the others projects,ideas about the restorative justice.Is a restauraty univerity in Bulgaria because their starting to teaching in 2000 but about the university ,they accepted students and doctors and we can leran anothers matters not only the restorative justice.Bulgaria is a nice place to visit.Also ,a electronic journal.

So is the time to start discusing about restorative justice.

What is restorative justice?A new paradigm of criminal justice?A new way of thinking about crime?A new lifestyle?because the new vocabulary of daily life,we are spiking about of restorative detention,prison ,so many things about the restorative justice.Cold be??History of restorative justice(RJ)

It is not a europeen invention.It is inventig another places.Old traditional practices of Maori,Native of America,Africans and Aboriginals.Europe is not in the begining and idea was exportes into Europe but it is a idea general.About the Western Reconciliztion Programme experiment in Kitchener ,Ontario, in the early 1970 s .

The contribution of a New Zeeland because wad developped and adopted and now is truly in a map.Why the restorative justice was be inveted,why we need restorative justice, why v-we are need the somenthig new??Its capable to assure peace in social life that are the principal argument to invented something new.The father of retsurative justice is Nils Christie and it is very important to comprending the theory of justice restorative and the theoryConflits as property who is just an article of Oxford University and it is pure theorie and just was an article in 1977 in the British of Criminology.The conflicts are their proper owners because they saved the originals sources and whit them we cold find a conciliation.Is the first paradigme to changing justiceand is a different way to doing justice.

Basic assumptionsCrime has its origins in social conditions and relantionships in the community.Importance of informal justice and Victim Rights movements.Crime prevention is dependant on communities taking some responsabilities for remedying those conditions that cause crime.Its necessar to puting the victim in the centre of the process and that is the restorative justice.Creation of a new theorie of restaurative justice. Definition of retsaurative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offenceand ist implications in the future.

The parties with a stake in an offencE: the victim, the offender,the families of each, another members of their respective communities who may be affected, or who may be able to contribute to prevention or recurrence. The implications for the future for a normal life of a vitims.

Philosophy of restaurative justiceA restorative process gives the victim a forum to ask qustions,etc ,etc but not a punishment and also to be accepted back into the community of the offender and the resturative justice donne that right.But still was the begining to restaurative justice.

Paradigms of justice H.ZehrOld paradigm retributive justice / encouragement of competitive,individualistics value,punishement,stigma of crime,no encouragement and forgiveness and punishement;dependence upon professionals;New paradigm restorative justice:encouragement of mutuality,victims offenders roles recognized,hope the offender and the victim, compensation of each of parties, implications of parts to doing and restoratg justice and implication moral,social,etc;posibilities for repentance and forgiveness,direct involvement by participants;

Key restaurative justice values by D.V.NessEncounter and amends,reintegration and inclusion and any others values: mutual respect, integrity,tolerance,openness,compassion,patience,sensivity,wamth,remaining impartial and non judgement but the key the must important is the full participation and consensus in all the aspects to repair what is broken. AnalysisReintegration back to the society.Their is a strong ethical aspect and the small details must be not ignored.

Further readingZehr.H(1995) Changing lenses; a new focus for crime and justiceVan Ness D. and Strong,Faget J.(2006,2012),Cario R.Restorative,Justice Council