The 'reparational turn' in the field of law has resulted in the
increased use of so-called 'informal' approaches to conflict
resolution, including primarily the three mechanisms considered in
this book: mediation, restorative justice and reparations. While
proponents of these mechanisms have acclaimed their communicative
and democratic promise, critics have charged that mediation,
restorative justice and reparations all potentially serve as means
for encouraging citizens to internalize and mimic the rationalities
of governance. Indeed, the critics suggest that informal justice's
supposed oppositional relationship to formal justice is, at base, a
mutually reinforcing one, in which each system relies on the other
for its effective operation, rather than the two being locked in a
struggle for dominance.
This book contributes to the discussion of the confluence of
informal and formal justice by providing a clearer picture of the
justice 'field' through the notion of the 'informal/formal
justicecomplex.' This term, adapted from Garland and Sparks (2000),
describes a cultural formation in which adversarial/punitive and
conciliatory/restorative justice forms coexist in relative harmony
despite their apparent contradictions. Situating this complex
within the context of neoliberalism, this book identifies the
points of rupture in the informal/formal justice complex to
pinpoint how and where a truly alternative and 'transformative'
justice (i.e. a justice that challenges and counters the hegemony
of formal legal practices, opening the field of law to a broader
array of actors and ideas) might be established through the tools
of mediation, restorative justice and reparations.
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