ABSTRACT

This chapter examines the trend of lawmaking as a means to further the use of restorative justice as a criminal legal system response. It focuses on the case of the United States, finding that the implementation of statutory enactments has been limited by a number of factors. As a result, these changes have not resulted in the breadth or depth of outcomes imagined by activists. This chapter seeks alterative pathways to further the principles and practices of restorative justice within and between governments and communities, expanding on learnings from the field of collaborative governance. It proposes a model for restorative governance as an approach to the management of public processes, policies and systems focused on preventing and repairing social harm. It offers cautions related to the limits of institutions as viable homes for restorative justice, and invites further exploration, development and critique of the restorative governance model.