The Journey of Restorative Justice in Italy. Recognition, Systematization, and Coherence from Morineau to Cartabia
The Journey of Restorative Justice in Italy. Recognition, Systematization, and Coherence from Morineau to Cartabia
Author(s): Federica MontanaroSubject(s): History of Law, Criminal Law, Sociology of Law
Published by: Primiceri Editore
Keywords: restorative justice; mediation; Cartabia reform; dialogue; harm;
Summary/Abstract: Despite initial scepticism, RJ has been gaining traction even in historically impermeable legal orders like Italy, as the Cartabia reform suggests. However, challenges persist in terms of harmonizing RJ principles within traditional criminal frameworks. Moreover, especially in certain cultures, e.g. Italy and Spain, RJ has been influenced by, and perhaps confused with, mediation. Since Morineau’s pioneering work, mediation has achieved a primary influence in continental Europe. Such influence on current understandings of RJ should therefore be investigated. The present contribution focuses on Italy by reconstructing recent reforms and their background legal antecedents and experiences stemming from bottom-up praxes. It then draws some final considerations on the potential evolutionary aspects concerning the implementation of the current models.
Journal: Mediares. Rivista su trasformazione dei conflitti, cultura della riparazione e mediazione.
- Issue Year: 2023
- Issue No: 2
- Page Range: 85-108
- Page Count: 24
- Language: English