1. Restorative Justice and the Law
Based on
Lode Walgrave (2008), Restorative Justice, Self-interest and Responsible Citizenship, Cullompton (UK): Willan Publishing

2. Introduction A difficult relationship between RJ and legal safeguards
RJ needs a legal frame
Penal justice does not have the monopoly of legal safeguards

3. RJ as another paradigm A different paradigm
inspired by a clearly distinct philosophy;
it conceptualizes the essentials of crime differently,
aims at different goals,
involves other key actors,
uses dissimilar means, and
operates in a different social and juridical context.
Two important principles to be guaranteed.
- The equivalence of all citizens before the law.
- Protection of citizens against abuse of power by fellow citizens and by the state.

4. Dominion (Braithwaite & Pettit 1990)
The set of assured rights and freedoms
A collective good (contrary to liberal concept of freedom)
Restoring assurance in dominion
Public intervention after crime is not primarily to redress the balance of benefits and burdens, or to reconfirm the law, as in traditional penal theories, but to enhance assurance through the message that authorities take dominion seriously.
Respecting rights and freedoms in dominion
Parsimony
Checking of power

5. Restorative justice as inversed constructive retributivism
Blaming norm transgression
Responsibility
Balance
The retributive character provides retrospectivity, which is crucial for the development of legal safeguards.

6. Different meanings of principles
Equality
Presumption of innocence
Proportionality
Public nature

7. Respect for human rights and a legal frame
Restorative processes cannot take place in a juridical vacuum
Juridical procedures in view of reparative sanctions must allow all checks and balances typical in a constitutional democracy
Lawyers as crucial partners in restorative justice