The Works of Jürgen Habermas: A Tool for Further Understanding the Theory and Practice of Restorative Justice
Date
2011-12-19
Authors
Barrett, Audrey Laurel
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Abstract
The theory of restorative justice has always lagged behind practice. As such, gaps in
theory have existed over time and continue to exist today, particularly in terms of
explaining “the magic” that occurs within the encounter process. By exploring the
theories of Jürgen Habermas, it is suggested that new frameworks can be developed that
can help theorists think about, and explain the experiences and outcomes central to
restorative processes. This paper focuses on Habermas’ theory of universal pragmatics
and communicative action as a means to better understand the mechanisms within the
encounter process, and the conditions necessary, to give rise to common understanding,
agreement, learning and strengthened relationships. It then examines Habermas’ concept
of the lifeworld and the interplay with communicative action to shed light on restorative
justice’s potential for community building through norm clarification, victim and
offender reintegration and increased individual capacity.
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Keywords
Restorative Justice, Jürgen Habermas, Communicative Action, Encounter, Restorative Justice Theory, Restorative Process, Building Community, lifeworld