This course introduces students to the main concepts and debates in restorative justice in an evidence-informed way. It explores the multitude of ways restorative justice can and is being used to respond to a variety of societal challenges. This includes the juvenile and adult criminal justice context, as well as areas as diverse as environmental protection, sexual abuse and health. We will also examine how restorative justice is being used within institutions to respond to concerns about harassment, bullying and sexual abuse. The course will also introduce students to relevant methodological tools for assessing the impact of restorative justice based approaches.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Demonstrate a working knowledge of key terms, concepts and ideas in the area of restorative justice;
- Analyse, debate and critically evaluate different restorative justice approaches and their value in a range of contexts (justice, institutional reform, environmental disasters etc;
- Demonstrate an understanding of the importance of adopting an evidence-based approach to the study of restorative justice and be familiar with the methodological tools necessary to develop an evidence base in this area
- Apply a restorative justice theory to a range of real life situations
- Adapt restorative justice practices for a range of real life situations
Recommended Resources
Visit leading restorative justice websites to view some videos of different forms of restorative practices:
International Institute for Restorative Practices:
http://restorativejustice.org/rj-library/#sthash.nR0km3tk.dpbs
Prison Fellowship International:
https://www.prisonfellowship.org/2015/07/restorative-justice-in-practice/
Restorative Practices Australia:
http://www.restorativepractices.org.au/
European Forum for Restorative Justice
https://www.euforumrj.org/en
Or simply do an internet search for: ‘Restorative Justice Videos’ to find your areas of practice of special interest
Staff Feedback
Students will be given feedback in the following forms in this course:- Written comments
- Verbal comments
- Feedback to the whole class, to groups, to individuals, focus groups
Student Feedback
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.Class Schedule
| Week/Session | Summary of Activities | Assessment |
|---|---|---|
| 1 | What is restorative justice and why do we need it?In this first session we get to know each other, set up expectations of the course, and understand what is required from the assessment and from each other. We will also cover:
Restorative practice: Multiple perspective-taking |
Readings
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| 2 | Theoretical underpinnings to restorative justiceRestorative justice can be linked with a number of theoretical underpinnings that support its emergence as a practice. Here we will look at some of the main theories that inform and support it, in addition to identifying some of the main principles and values. We focus on: · Conflicts as property; · Braithwaite’s theory of reintegrative shaming and active/ passive responsibility; · Procedural justice and fair process; · Relational theory; · Responsive regulation· the Social Discipline Window Restorative practice: Respectful dialogue and setting group norms in a deliberative way |
Readings
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| 3 | Common processes associated with restorative justiceMany people associate restorative justice with certain distinct processes. We will look at the main forms of restorative justice from a processual perspective, as well as some helpful practices and conceptualisations that have been developed to utilise restorative justice in institutions and in everyday life. We will cover:· Victim Offender Mediation, · Restorative justice conferencing, · Family group conferencing, · Sentencing circles; · Restorative circles and dialogue; · Yarning circles· Restorative practice· How is restorative justice different to mediation and arbitration? Restorative practice: Deep, reflective or active listening |
Readings
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| 4 | Understanding the emotional dynamics of restorative justiceRestorative justice is often declared to be transformative, but how can we explain how that happens? Sometimes people talk about seeking to understand what happens inside the “black box” of a restorative justice conference. Understanding this requires engaging with emotions and emotional change, rituals and more. The topics we cover are:· Emotional transitions and ritual in restorative justice· Nathanson’s Compass of shame and · The temporality of restorative justice· Memory consolidation and telling stories · Redemption narratives· The concept of Readiness Restorative practice: Asking affective and restorative questions |
Readings (choose 2 )
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| 5 | Restorative justice and the criminal justice system part 1Restorative justice plays a wide range of roles in the criminal justice system, being potentially present in many different places in the system. We will examine these over the next two sessions, focusing on particular areas where its potential and use is highest. We will take as an example the place of restorative justice in the ACT’s criminal justice system. We will watch some short clips of a restorative justice conference held in Australia following a fatal shooting.· The places we can find restorative justice in the criminal justice system from policing to sentencing to prisons· Example of the role of RJ in the ACT· Critiques about deterrence and proportionality in relation to restorative justice and other common critiquesRestorative practice: Role playing a restorative justice conference | Readings (choose 2)
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| 6 | Restorative justice and the criminal justice system part 2In this session we continue to investigate the role of restorative justice in the criminal justice system, focusing on a range of different areas in which it has been used. We will focus on:
We also examine power dynamics which are omnipresent in doing and discussing restorative justice. We discuss a number of approaches to conceptualising power that are helpful in engaging in discussions about restorative justice and power. We will also think about whether power imbalances mean restorative justice is never appropriate through focusing on some of the most contentious uses of restorative justice.
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Readings (choose 2)
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| 7 | Restorative justice in other regulatory spheresWhilst restorative justice is best known in the criminal justice context, it has spread to many different regulatory domains. We will look at a number of these, certainly environmental regulation, and also at the phenomenon of restorative cities that seek to infuse an entire city with a restorative ethos and approach. We will work together to choose a regulatory domain and consider how to “turn up the restorative dial” in the way in which it currently functions.· Restorative justice in schools, workplaces, universities, hospitals, mental health, environmental regulation, restorative enquiries, community responses to sexual violence, and restorative cities· Restorative justice continuumRestorative practice: Collaborative decision-making | Readings (choose 2)
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| 8 | How is the effectiveness of restorative justice measured? And what is the role of apology and forgiveness in restorative justice?Determining whether restorative justice works requires understanding what it seeks to achieve and whether and how these factors can be measured. We will look at some of the ways in which scholars and policy makers have sought to answer the question of how effective restorative justice is, whilst also being alive to the difficulties of measuring it. The session examines:· Understanding the evidence base about restorative justice· How do we know what we know? What constitutes ‘evidence’, How do we interpret the reliability and generalisability of statistics/research/data?· What do we measure? Recidivism? Increased social capital? Other factors?· Cost benefit analyses · Control trials and meta analyses Apology and Forgiveness In the second half of the class we also take a a deep dive into apology and forgiveness, two concepts that are at the heart of much restorative justice and practice. What does it take to apologise? Why is apology so powerful? Restorative practices: Engaging with emotions (empathy, courage, vulnerability, shame) and restorative practices for daily life |
Readings, (choose one from this group):
(and one from this group):
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| 9 | Restorative justice within the international legal framework and in our regionRestorative justice has spread to every corner of the globe as a modern phenomena, and many forms of it always existed in the more relational justice systems that characterise many parts of the global South and indigenous communities. After an overview of what the international legal framework provides we will examine restorative justice in Asia and the Pacific, as well as considering how it can be used in the context of war and peacebuilding. Restorative practices: Managing differing opinions restoratively (dialogue vs debate) | Readings (choose two)
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| 10 | Critiquing and developing restorative justice and other non-adversarial forms of justiceToday we focus on understanding the common critiques made of restorative justice? What are some of its greatest challenges? How have these been responded to? How can restorative justice continue to develop? In the second half we think about the way that restorative justice can be seen as part of a growing body of scholarship and practice seeking new ways to create a more just society. We examine here a number of other alternative justice approaches that also seek to heal at the same time as addressing conflict.We will also have a final reflective circle.Restorative practice: Reframing or “changing lenses” | Readings (choose two)
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Assessment Summary
| Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
|---|---|---|---|---|
| Active in-class participation for the entire course (10 classes) (5%) | 5 % | * | 30/05/2025 | 1,2,3 |
| Restorative Justice in Media Analysis & Response (1700 words) | 25 % | 02/05/2025 | 09/05/2025 | 1,4 |
| Research and writing plan and outline for major essay (1000 words) | 20 % | 12/05/2025 | 19/05/2025 | 1,2,3 |
| Major essay (4000 words) | 50 % | 13/06/2025 | 27/06/2025 | 1,2,3 |
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
Policies
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Policy and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
Assessment Requirements
The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.Assessment Task 1
Value: 5 %
Learning Outcomes: 1,2,3
Learning Outcomes: 1,2,3
Active in-class participation for the entire course (10 classes) (5%)
Students are expected to engage in class activities and demonstrate they have done the readings each week.
Assessment Task 2
Value: 25 %
Learning Outcomes: 1,4
Learning Outcomes: 1,4
Restorative Justice in Media Analysis & Response (1700 words)
Assignment Overview:
Students will analyze how restorative justice concepts are represented (or absent) in a media case of their choice, and then develop an alternative restorative approach.
Media Selection & Summary (300 words)
- Select a news article, documentary clip, podcast episode, or fictional portrayal that depicts a conflict or harm
- Provide a concise summary of the case and key stakeholders involved
Critical Analysis (600 words)
- Analyze how justice is framed and pursued in the case
- Identify retributive elements and their underlying assumptions
- Discuss missed opportunities for restorative approaches
- Examine how power, culture, and systemic factors influence the situation
Restorative Alternative Design (600 words)
- Develop a detailed restorative justice intervention for this specific case
- Specify who should be included and why
- Outline key questions and processes you would implement
- Explain how your approach addresses harms, needs, and obligations
- Discuss potential challenges and how you would address them
Reflection (200 words)
- Reflect on what this exercise revealed about mainstream justice narratives
- Discuss insights gained about restorative justice principles and application
Assessment Task 3
Value: 20 %
Learning Outcomes: 1,2,3
Learning Outcomes: 1,2,3
Research and writing plan and outline for major essay (1000 words)
Requirements:
Submit a 1000-word research proposal (excluding references) that includes:
Research Focus (250 words)
- A clearly articulated research question related to a specific aspect or domain of restorative justice
- Brief explanation of why this topic is significant
- Indication of the scope and boundaries of your investigation
Conceptual Framework (300 words)
- Initial analysis of key restorative justice or other relevant concepts relevant to your topic
- Identification of the theoretical framework(s) you will apply
- Discussion of how these frameworks will guide your analysis
Methodological Approach (200 words)
- Description of what types of literature and evidence you will examine
- Explanation of how you will evaluate conflicting perspectives or evidence
- Discussion of any potential limitations in available research
Structured Outline (250 words)
- Proposed structure of your final essay with brief descriptions of each section
- Preliminary thesis statement or central argument
- Key questions you intend to address in each section
Annotated Bibliography
- List of 8-10 key sources with 2-3 sentence annotations explaining their relevance
- Must include academic literature and may include policy documents, case studies, or other relevant sources
Submission Requirements:
- Written in academic prose (paragraphs rather than bullet points)
- Properly formatted citations in your preferred citation style
- Topic of essay must be discussed with and approved by the course convener by Week 3
Assessment Task 4
Value: 50 %
Learning Outcomes: 1,2,3
Learning Outcomes: 1,2,3
Major essay (4000 words)
Purpose: To critically analyze a specific aspect or domain of restorative justice, demonstrating comprehensive understanding of both theoretical foundations and practical applications.
Requirements: Submit a 4000-word scholarly essay that includes:
Critical Conceptual Analysis (approximately 1000 words)
- Thorough examination of restorative justice concepts or other relevant relevant to your topic
- Critical engagement with competing definitions and interpretations
- Evaluation of philosophical and theoretical underpinnings
- Positioning of your analysis within broader scholarly debates
Theoretical Application (approximately 1000 words)
- Application of specific restorative justice theories to your chosen topic
- Analysis of how these theories explain, predict, or inform practice
- Discussion of theoretical tensions or contradictions relevant to your topic
Critical Evaluation (approximately 1000 words)
- Balanced assessment of strengths and limitations of restorative approaches in your context
- Consideration of contextual factors that influence effectiveness
- Acknowledgment of critiques and alternative perspectives
Evidence Analysis (approximately 1000 words)
- Critical evaluation of the quality and nature of evidence in your topic area
- Analysis of gaps in the current evidence base
- Discussion of methodological strengths and weaknesses in existing research
- Suggestions for future research directions
Submission Requirements:
- Must follow from the approved research proposal
- Properly formatted citations in your preferred citation style
- Must include bibliography (not counted in word limit)
Academic Integrity
Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.Online Submission
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.Hardcopy Submission
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.Late Submission
No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded.
Referencing Requirements
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.Privacy Notice
The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information. In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service — including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy. If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes. Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Convener
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Research InterestsRestorative justice; Legal pluralism; Law and society; Legal anthropology; Crime and violence; Government and politics of Asia and the Pacific; Intellectual property law. |
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Dr Miranda Forsyth
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Instructor
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Research InterestsRestorative justice; Legal pluralism; Law and society; Legal anthropology; Crime and violence; Government and politics of Asia and the Pacific; Intellectual property law. |
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Dr Miranda Forsyth
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