Dr.Debarati Halder,Ph.D

National Law School of India University, Law, Alumna

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Advocate and the Managing Director of Centre for cyber victim counselling , URL:www.cybervictims.org; Founder Secretary of South Asian Society of Criminology & Victimology, Url: www.sascv.org
I hold Ph.D in law from National Law School Of India University ( NLSIU), Bangalore

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Call for Chapters: Minding the Gap Between Restorative Justice, Therapeutic Jurisprudence, and Global Indigenous Wisdom

Minding the Gap Between Restorative Justice, Therapeutic Jurisprudence, and Global Indigenous Wisdom

In practice, Restorative Justice (RJ) includes the victim, the wrong-doer, and the community in a... more In practice, Restorative Justice (RJ) includes the victim, the wrong-doer, and the community in a search for solutions which aim to restore a redemptive relationship among these ‘parties’, identified in the literature as ‘stakeholders.’ The purpose is healing and transformation. The theoretical origins in Western practice are various including cultural, religious, and a philosophical shift of dispute resolution according to rights, to problem-solving in light of relationships. Therapeutic Jurisprudence (TJ) evolved by grounding its approaches and objectives in psychology, that is, the known scientific understanding of human emotions, thinking, and behavior upon which wrong-doing is based. It challenges legal rules, procedures, and lawyer roles, to be reshaped to fulfill their therapeutic potential while not subordinating traditional due process principles. These principles are insufficient on two distinct points. Regarding RJ, while the understanding of the community to be restored is sometimes clear – such as in the case of a closed cultural community, it tends to be undefinable as when the model is dropped into a commonly used state system such as a rights-based, or heavily statutory system. Regarding TJ, the scientific grounding does not reach the metaphysical or diversity of accounts found in non-scientific cultures. Foundational principles of the contemporary practices of both RJ and the concepts of TJ often import organic and indigenous practices of conflict resolution to resolve these insufficiencies, and even to explain fundamental ideas. Too often, the indiscriminate use of such practices does not mind the gap between the defining principles, the guiding principles, or the limiting principles that challenge particular features of practical application. Such use is what Diné Justice Raymond D. Austin calls "over-extended borrowing." The book seeks to give authentic voice to practitioners and theorists whose work originates in organic or indigenous conflict resolution. The voices that will be privileged come from inside traditions that are embedded in world views and cultures that support the transformational potential of RJ and TJ from within distinctive models. The purpose of this publication is: (1) to raise awareness of the diversity of approaches to dispute resolution from the deep perspective of their foundations, and (2) to understand the challenges that arise in practical application of RJ and TJ models when using principles disconnected from their foundation, and (3) to offer ways to bridge the gap so that it is no longer an obstacle, but a source of transformation.
The intent of this book is mind the gap in which differences create challenges or obstacles to either RJ, TJ, or both, and recommend approaches that would move that gap to a place of transformation that is not merely illusory, or "the Nirvana story" described by Dr. Kathleen Daley. The articles in this volume will provide a review of indigenous, organic, dispute resolution models practiced throughout various regions of the world in their most traditional forms - for example - local, village, tribal -- least influenced by dominant state models, even if practiced concurrently. The contributing scholars would write to mine the cultural, metaphysical, definitional, and other multiplicities that are normative in those models. Challenges that arise from using a mixture of indigenous models with sometimes incompatible state adopted models will be articulated. Approaches that might close those gaps that challenge the adoption of a robust system of either restorative justice, or therapeutic jurisprudence systems will be considered.
The tentative structure of the book is as follows: Seven global regions would be covered with two chapters each. These global regions are 1. East Asia & Diaspora; 2. South Asia & Diaspora; 3. Middle East & Diaspora; 4. Europe - Eastern, Southern, Western, Northern; 5. North America - Continent & Islands; 6. Central and South America - Continent & Islands; 7. Africa & Diaspora. For each region, the two chapters would cover (1) Precise indigenous practices of either RJ, TJ, or both, in light of cultural, philosophical, metaphysical, religious, or other organic origins; (2) Challenges and controversies with state adopted models of conflict resolution - this would be a study of how diversity meets equity and inclusion - with ideas for approaches that would close those gaps. The strength of this book is that contributors could discuss these practices from a data driven social science or sociological study, or from a humanities view such as a philosophical, metaphysical, or justice perspective. A strong contribution would identify features of indigenous practices that become distorted when imported into contemporary practices of RJ and TJ as part of existing legal structures. The ideal contribution would offer recommendations for practice tips with the capacity to create the possibility of future rapprochement that sustains the integrity and difference of the systems contributing to RJ and TJ.

Dr.Debarati Halder,Ph.D

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