Crime has long been a stable term with a finite definition, but many modern reforms attack the foundation of retributive justice. Following two incidents of children killing children, this paper will examine various arguments made by Nils Christie (2000) and Louk Hulsman (1986) in regards to crime.
This paper will describe and analyse the public and political responses to two notorious cases of the killing of children by children, one in England and one in Norway. Using the works of Christie (2000) and Hulsman (1986), I will present the ways in which the cases were discussed as symptomatic of wider social problems, and how differently England and Norway acted, ultimately portraying their respective juvenile criminal justice system.
This paper will examine both the similarities and the differences in the reactions to the killings in England and Norway, arguing that while the similarities may be more obvious the differences may be more instructive. On the surface, both seem like similar cases but because of the different geographical locations, they were handled quite differently. This sets up the context of penological arguments about the emergence of a postmodern penality. To start, one must understand the basis of Christie's (2000) and Hulsman's (1986) theories respectively. Nils Christie (2000) argues that a nation's extent and level of punishment is a normative question. In criminology, the term normative defines the structures within culture which help regulate the proper function of society. These structures encourage and enforce valued social activity and discourage negative acts. Punishment is normative because crime control executives and decision-makers are both free and obliged to choose how far punishment will go. The argument Christie (2000) raises is that contemporary crime control values the prison-industrial complex (expansion, big business, and continued incarceration) because society fears any alternative.
Table of Contents
1. The Transition from Retributive to Transformative Justice
Objectives and Topics
The paper examines the shift from retributive justice systems to transformative justice models by analyzing specific case studies of juvenile crime and exploring the theoretical frameworks of penal abolitionism. The primary research goal is to determine how restorative and transformative approaches can provide viable alternatives to traditional, incarceration-based penal systems by addressing the needs of victims, offenders, and the wider community.
- Theoretical foundations of penal abolitionism (Christie, Hulsman).
- Comparative analysis of juvenile criminal justice responses in England and Norway.
- Critique of restorative justice through an abolitionist lens.
- Components and stages of the transformative justice model.
- Application of Thomas Mathiesen’s concept of "the unfinished" to modern justice reform.
Excerpt from the Book
The two crime cases being analyzed are of James Bulger from England and Silje Raedergard from Norway
The two crime cases being analyzed are of James Bulger from England and Silje Raedergard from Norway, who were both young children murdered by other children. In regards to these cases, the children in both cases were punished differently based on the decision that the community made as a whole, reflecting its respective morals and values. In terms of Christie’s (2000) argument of joint moral community, the killers of Silje Raedergard in Norway were dealt with more liberally. Christies argues that this joint community means that the decisions made in terms of the punitive system, as well as how offenders are punished, are agreed upon by the community and immediate actors. The individuals within this community are forced by close proximity to communicate with one another in terms of how to deal with offenders, as well as means of appropriate punishment. As a result, decisions are made in relation to the community members attitudes towards the offense. Furthermore, corrective measures can be more responsive and specialized to local conditions. In the Raedergard case, based on this joint moral community perspective, these two young boys were not seen as criminals, rather as victims. The same cannot be said for the Bulger case where the offending children served eight years for their crimes.
Summary of Chapters
1. The Transition from Retributive to Transformative Justice: This chapter introduces the theoretical arguments of Nils Christie and Louk Hulsman to examine how different national responses to juvenile crime reflect varying interpretations of social order, punishment, and the role of the community.
Keywords
Transformative Justice, Retributive Justice, Penal Abolitionism, Restorative Justice, Crime Control, Incarceration, Juvenile Criminal Justice, Social Reality, Thomas Mathiesen, The Unfinished, Community Moral, Victim Support, Offender Support, Social Movement, Criminalization
Frequently Asked Questions
What is the core focus of this research paper?
The paper explores the transition from traditional, retributive justice systems to alternative models such as transformative and restorative justice, specifically focusing on how society conceptualizes and responds to crime.
What are the primary thematic areas addressed in the study?
The central themes include penal abolitionism, the comparison of international juvenile justice systems, the evaluation of restorative justice models, and the transformative potential of community-led conflict resolution.
What is the main research objective?
The objective is to analyze how theoretical frameworks—specifically those of Christie, Hulsman, and Mathiesen—can challenge current incarceration-heavy practices and provide a pathway toward systemic penal abolition.
Which scientific methodology is employed?
The author uses a qualitative, comparative case study approach, analyzing two specific cases of juvenile homicide in England and Norway, while applying theoretical critique based on established criminological literature.
What topics are covered in the main body of the text?
The main body examines the normative nature of punishment, the critique of the "prison-industrial complex," the fundamental differences between retributive and restorative justice, and the practical implementation stages of transformative justice programs.
Which keywords best characterize this work?
Key terms include Penal Abolitionism, Transformative Justice, The Unfinished, Restorative Justice, and Joint Moral Community.
How does the author define Norway in the context of the study?
The author defines Norway as a "joint moral community," where the close-knit nature of society allows for more liberal and community-oriented decisions regarding criminal justice compared to the English system.
What does the term "the unfinished" signify in this paper?
Derived from Thomas Mathiesen, it refers to the political necessity for constant competition and contradiction against the existing penal system to prevent it from becoming static, thus keeping the goal of abolition alive.
How does transformative justice differ from restorative justice according to the text?
While restorative justice focuses on restoring the parties affected by a specific offense, transformative justice views crime as a "symptom of opportunity" for wider social transformation, seeking to involve the community in resolving conflict and preventing future harm.
- Citar trabajo
- Cory Contini (Autor), 2009, The Transition from Retributive to Transformative Justice, Múnich, GRIN Verlag, https://www.grin.com/document/230619
