Restorative justice as a new response to crime - the modern vision and Bulgarian dreamers and opponents

Author(s):  
Dobrinka Chankova

The concept of restorative justice as a type of alternative justice that focuses on the recovery of harm from crime, the victim, the perpetrator and the status quo in general, rather than on repression, is no longer new. It has long had its international legal basis – acts of the UN, EU, Council of Europe and others. Its main tools – victim-offender mediation, family conferences, problem-solving circles and more, are already established and widely used in most European countries and America, Asia, Australia, and Africa. Although marked in some strategic documents in our country recently, restorative justice is not a legal fact yet. However, in the global criminal crisis, deficits of the criminal justice system's functioning could be successfully, if not completely eliminated, then at least mitigated through its mechanisms. Individual scientists and representatives of non-governmental organizations have not only dreamed since the beginning of this century but are working hard to introduce its models. Politicians and decision-makers and part of the legal community show stubborn rigidity and resistance, refusing to put this issue on the current agenda of society, under various pretexts, but primarily defending their "preserved interests and monopoly" in criminal justice. At the same time, the crisis with the COVID-19 pandemic raises the issue again with particular urgency. That is why it is high time to abandon the unproductive "penal populism", to revitalize the debate for the mentioned novelty and achieve synchronicity between visionaries, dreamers, practitioners and users.

Author(s):  
Malose Langa ◽  
Steven Rebello ◽  
Linda Harms-Smith

Abstract This article reflects on the Marikana massacre of August 2012, subsequent violent strikes and responses by non-governmental organizations (NGOs) as a case study, and provides an analysis about whether these interventions bring transformative change or maintain the status quo in times of crisis. Events associated with Marikana are seen to be embedded in social structures of the time and part of deeper frictions and fractures of social transformation. The role that NGOs might play in this context must be interrogated as to their facilitation or hinderance of such social transformation. Interviews were conducted with representatives of NGOs intervening in Marikana that provided services of humanitarian assistance, and legal and psychosocial interventions and with mine workers and residents of Marikana about their experiences and views of these services. Findings from the study are illustrative of how NGOs were not primarily motivated to bring about lasting, transformative change but rather attempted to address immediate or short-term needs which, while important, did not account for underlying causes of the crises that they set out to address. Both ideological underpinnings of NGOs and structural conditions produced by state and capital impact on outcomes of interventions. Given these limitations, it is argued that there is a need for deep critical interrogation through praxis, for NGOs to intervene differently in times of crisis to bring ‘real’ change and transformation in the lives of those who are marginalized.


2019 ◽  
pp. 305-344
Author(s):  
Melanie Coni-Zimmer ◽  
Annegret Flohr ◽  
Klaus Dieter Wolf

The chapter investigates the preferences of BRICS and NGOs with regard to the exercise of transnational private authority. Three such governance schemes are selected: the Kimberley Process, the Global Compact, and the Social Accountability 8000 (SA8000) certification scheme. Transnational governance schemes are part of the liberal status quo. Yet, preferences of BRICS and non-governmental organizations (NGOs) are so diverse that there is rarely joint contestation nor is there an alliance between the two groups of actors. The analysis shows that it is mainly civil society organizations (CSOs) which contest privatized governance schemes. Business-related interest groups are generally supporting such schemes, to little surprise. BRICS also show a remarkable level of support for privatized forms of governance. The clearest differences in preferences exist between CSOs and BRICS: whereas CSOs champion stronger international institutions, the support of BRICS for private governance schemes increases in proportion to the weakness of a given arrangement or to the extent of national discretion it still affords them. In light of BRICS’ and NGOs’ different preferences, on the one hand, and among the members of each of these groups, on the other hand, neither of these two ‘groups’ can be considered close to having a single shared vision of global order. As a result, there is also little potential for strategic cooperation between BRICS and NGOs when it comes to contesting the status quo of transnational private authority.


Contested World Orders systematically compares the demands of rising powers and non-governmental organizations towards international institutions. As international institutions have taken on ever more ambitious tasks, they have been challenged by rising powers dissatisfied with existing institutional inequalities, by non-governmental organizations worried about the direction of global governance, and even by some established powers no longer content to lead the institutions they themselves created. While the debates about the changing international system often focus on the overall structure, this book aims at providing a comprehensive and comparative analysis of the constellation of preferences on the level of individual institutions. Three contributions should be highlighted. First, while demands for change are numerous and often severe, they are largely driven by specific institutional features and interest constellations. There is little evidence of a cleavage between established and rising powers or a hegemonic struggle between the US and China. On many conflicts there are established and rising powers on both sides. Second, in some cases the rising powers have in fact defended the status quo. They have opposed both Western countries’ attempts to increase the intrusiveness of market-making international institutions and NGOs’ attempts to have stronger market-braking regulation of global markets. Third, conflicts appear to be most intractable where established powers aim to defend their institutional privileges against rising powers who demand institutional roles commensurate with their new-found influence.


Author(s):  
Nadya Weber

This paper looks at the changing nature of international development non-governmental organizations' development education programming in England and Canada. A documentary analysis of the changes in Save the Children Canada and Save the Children UK's development education materials illuminates the shift in international development agencies' education programmes since the late 1990s. A review of a selection of materials produced by Save the Children UK and Save the Children Canada between 1999 and 2007 illustrates the trend of international development agencies moving away from programming that is longer-term, participatory, and dialogical with an emphasis on collective social change towards programming that is shorter-term, individualistic, and didactic, and which reinforces the status quo.


2018 ◽  
Vol 24 (1) ◽  
Author(s):  
V. S. CHAUHAN ◽  
BHANUMATI SINGH ◽  
SHREE GANESH ◽  
JAMSHED ZAIDI

Studies on air pollution in large cities of India showed that ambient air pollution concentrations are at such levels where serious health effects are possible. This paper presents overview on the status of air quality index (AQI) of Jhansi city by using multivariate statistical techniques. This base line data can help governmental and non-governmental organizations for the management of air pollution.


2020 ◽  
Vol 12 (10) ◽  
pp. 4026
Author(s):  
Mohammad Wais Azimy ◽  
Ghulam Dastgir Khan ◽  
Yuichiro Yoshida ◽  
Keisuke Kawata

The government of Afghanistan promotes saffron production as a means to achieve economic development while reducing the widely spread opium cultivation in the country by providing necessary support to its farmers via saffron farmer service centers. This study investigates the causal effects of relevant attributes of potential saffron production promotion policies on the participation probabilities of saffron farmers. This study applies a randomized conjoint experiment to primary survey data of 298 farmers in Herat Province, which is perceived by the government as the center of saffron production in the country. The proposed hypothetical saffron production promotion policy consists of six attributes, namely, provision of machinery equipment, weather-based crop insurance, accessibility to long-term loans, location of saffron farmer service centers, provider of services, and annual payment. In the randomized conjoint experiment design, the respondents rank two alternative policies and policies against the status quo. The desirable policy comprises the machinery provision, long-term (up to 5 years) loan accessibility, an easily accessible service center, and policy implementation by international non-governmental organizations (NGOs). The estimated results reveal that saffron farmers are highly supportive of the proposed saffron promotion policy and that their willingness to pay is as high as 17% of their per capita income.


2019 ◽  
Vol 4 (1) ◽  
pp. 1-25
Author(s):  
Patrick Odongo ◽  
Dr Kepha Ombui

Purpose: The current study sought to establish determinants of successful implementation of non-government organization health projects in Kibera informal settlement. The study sought to establish how community participation, resource mobilization, communication and project control determines successful implementation of health projects for NGOs operating in Kibera informal settlement.Methodology: The study adopted a descriptive survey design and 116 questionnaires were issued but only 92 questionnaires were received which represented a 79% response rate.Results: The results of the study revealed that resource mobilization, communication and project control positively and significantly determined successful implementation of health projects by Non-Governmental organizations in Kibera as shown by r=0.443, r=0.511 and r=0.798 respectively while community participation negatively determined the implementation success of the projects (r= -0.078).Recommendations: The study recommends that NGOs implementing health projects in Kibera should focus on mobilizing resources since the practice contributes to successful implementation of the projects. NGOs can achieve this by actively engaging sponsors, conducting harambees, networking and presenting grant proposals to prospective financiers to solicit resources for implementing the health projects. Additionally, the study recommends that NGOs implementing health projects in Kibera should focus on project communication since the practice contributes to successful implementation of the projects. NGOs can achieve this by establishing a concise project communication plan, and through continuous communication with project teams and stakeholders on matters concerning the progress of the project. The study further recommends that NGOs implementing health projects in Kibera should focus on project control since the practice contributes to successful implementation of the projects.NGOs can achieve this by using project management information systems in designing and controlling health projects, conducting a variance analysis on the progress of the project and by providing updates on the status of the project to the relevant stakeholders. 


2002 ◽  
Vol 75 (4) ◽  
pp. 330-339
Author(s):  
Keith Soothill

Somerset Maugham's writings had huge audiences in the first half of the twentieth century. In much of his work the focus is on people behaving badly. What effect did his work have on his readers? This article examines his short stories, of which approximately one-fifth of the major ones have murder as their theme. Focusing on the murders that Maugham ‘creates’, the claim is that Maugham is subversive, challenging some readily made assumptions. In Maugham's scheme of things, the criminal justice system is usually inappropriate, irrelevant or produces injustice, with ‘rough justice’ usually the best that is on offer. The resourceful can get away with murder. Murder is not the most serious crime for many. Instinct rather than rationality is the best judge. Maugham also emphasises the importance of fate, thus implying we are not in control of our destinies. The article argues that popular authors, such as Maugham, may have contributed much more than is generally recognised to the developing unease about the ‘status quo’ that ultimately led to the landslide victory of the Labour government in 1945.


Author(s):  
Руслан Миколайович Хван

Annotation. The article examines the essence of municipal legal policy as a system of strategic management of self-government activities. The essence and characteristics of local self-government entities, their individual categories, patterns and development trends have been investigated. It is emphasized that territorial communities, directly or indirectly, their authorities, non-governmental organizations exercise their legal personality both within the state and outside it. The prospects of functioning, improving the status of local self-government subjects have been determined..


2019 ◽  
Vol 60 (1) ◽  
pp. 24-44
Author(s):  
Brendan D Dooley ◽  
Sean E Goodison

Abstract Thomas Kuhn posits that the structure of science promotes revolutionary discovery. The decision of a scientific community to discard the status quo in favour of a revolutionary paradigm is influenced by sociological forces. Karl Popper disagreed, arguing that falsification is required. An examination of a random sample of 501 articles published in 14 peer-reviewed American outlets in criminology and criminal justice from 1993 to 2008 is coupled with oral histories from 17 leading criminologists in determining which approach best characterizes criminology. Twelve per cent of papers falsify theory. When not explicitly falsified, atrophy occurs when theory is overused (exhaustion), ignored (indolence) and subjected to a sustained critique (assault). The intention of the effort is to document and describe falsification and then invite further discourse.


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