Returning to the Practices of Our Ancestors? Reconsidering Indigenous Justice and the Emergence of Restorative Practices

Description

Restorative practices have often been considered both as emerging from the customs of Indigenous peoples, and ways of responding to crime that might be most suitable for Indigenous individuals and communities. This paper reconsiders these claims from a critical perspective. The author argues that although many advocates of restorative justice uncritically and unproblematically accept that restorative practices emerged from the customs of Indigenous peoples, the relationship between Indigenous justice customs and the emergence of restorative justice is much more nuanced than proponents imply. The paper considers the continued relevance of restorative justice for Indigenous young people in Australia.