John Braithwaite

John Braithwaite
Australian National University | ANU · School of Regulation and Global Governance (RegNet)

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360
Publications
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19,414
Citations

Publications

Publications (360)
Article
Restorative justice may be effective because it is a street-level meta-strategy that is responsive and relational. Nonresponsive, nonrelational strategies that are enacted from desks are less likely to be effective; best-practice strategies may be less likely to be effective than wisely sequenced meta-strategies. Responsive regulation is conceived...
Article
This article describes an environmental crisis in Iran that is actually a multidimensional crisis of law and policy. The article explores the restorative nodal governance response to such polycentric problems by weaving together five related ideas originating from criminologist and regulatory scholar Clifford Shearing: nodal governance; regulatory...
Article
Full-text available
The sheer international variability of crime can make international criminology more interesting and revealing than national criminologies. Crime is a phenomenon that cascades from hot-spot to hot-spot, often across borders, giving it some transnational characteristics and some regional clustering. This article makes a case that sometimes internati...
Article
A disappointment of responses to the Covid-19 crisis is that governments have not invested massively in public housing. Global crises are opportunities for macro resets of policy settings that might deliver lower crime and better justice. Justice Reinvestment is important, but far from enough, as investment beyond the levels of capital sunk into cr...
Article
Regulation, welfare, and markets grow interdependently, shaping, reinforcing, and supporting each other: markets allow for the expansion of welfare states, and welfare states create demand for regulatory state services that help to solve perceived welfare problems. Crises can drive this path dependency because they create opportunities for growth i...
Article
The Peacebuilding Compared project deployed South Asian data to conclude that war tends to cascade across space and time to further war, crime to further crime, war to crime, and crime to war. This article is an analytic sketch of crime as a cascade phenomenon. Examining crime through a cascade lens helps us to imagine how to more effectively casca...
Article
Responsibilities to protect and prevent elite crimes are best energized by enforcement that walks through many doors. Effective deterrence is rarely delivered by the International Criminal Court. Yet deterrence is possible when it patiently cumulates through many doors. Likewise truth, justice, and reconciliation can achieve little through one door...
Article
This article argues against abolitionism, then against excess in criminalization for white-collar and corporate crime. While the criminal label does useful work, it does that work better when combined with a wide range of regulatory tools. The best strategies create spaces where reformers inside criminal organizations and regulatory agencies are su...
Chapter
Restorative justice coupled with responsive regulatory strategies help chart practical pathways for moving from healing to problem solving and contributes to the development of theory and research relevant to tackling complex social problems. In the face of increasing evidence that despotic, authoritarian or simply invisible powerful hands control...
Article
This is a study of how vacuums in state services attract alternative providers. Christian churches in Kachin state engage in police work to tackle drug markets in response to heavy participation of state police in those markets and limited police interest in regulating them. Churches aim to induce democratisation of the police and responsiveness of...
Chapter
This chapter argues that a degree of institutional forcing of a New Zealand kind is required to make families nodally powerful. Most of the entrepreneurial energy to move restorative and responsive principles into completely new domains of the human services is best to come bottom-up from restorative communities. The dangers of excess in neoliberal...
Chapter
This chapter considers over-regulation and under-regulation both as potential threats to freedom. It conceives political knee-jerks that see-saw between over- and under-regulation as posing particularly strong threats of domination. Responsive regulation was developed as an integrated and balanced approach to these threats to freedom. Its balance i...
Book
In Restorative and Responsive Human Services, Gale Burford, John Braithwaite, and Valerie Braithwaite bring together a distinguished collection providing rich lessons on how regulation in human services can proceed in empowering ways that heal and are respectful of human relationships and legal obligations. The human services are in trouble: combin...
Article
Limits of intelligence services in identifying opportunities for preventive diplomacy are identified. These limits are then used to suggest an open source preventive diplomacy wiki strategy for armed conflict prevention. A complexity theory analysis lays a foundation for arguing that a good theory of preventive diplomacy is less useful than a good...
Article
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Cohen and Machalek’s (1988) evolutionary ecological theory of crime explains why obscure forms of predation can be the most lucrative. Sutherland explained that it is better to rob a bank at the point of a pen than of a gun. The US Savings and Loans scandal of the 1980s suggested ‘the best way to rob a bank is to own one’. Lure constituted by the a...
Article
Dangers exist in both maximalist approaches to deterrence and minimalist ones. A minimal sufficiency strategy aims to avert these dangers. The objectives are to convince people that the webs of relationships within which they live mean that lawbreaking will ultimately lead to desistance and remorse and to persuading offenders that predatory crime i...
Chapter
It may be that Southern criminology should not be overly criminological if it is to advance global justice. It may be that transitional justice should not be overly focused on transition if it is to advance peace with justice, but rather more focused on the longue durée. There is much to learn from the way different locales across the global South...
Article
A standard narrative is that nonviolence failed in Kosovo: the Milosevic regime was ended by a NATO bombing campaign. This essay exposes errors in this narrative. Kosovo's nonviolent resistance successfully unified the masses against the regime with a distinctive innovation of building solidarity by reducing violence. In particular, it reduced murd...
Chapter
Australian peacekeeping has been redemptive, often occurring in the aftermath of complicity in crimes against peoples of our region. As with our Gallipoli trope, the most courageous and noble Australian military contributions often have arisen in the context of regional disasters we failed to help prevent. While Australia’s contributions to UN peac...
Article
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This paper to the 2016 Beijing meeting of the Asian Criminological Society is the first of two lectures on the theme of The Silk Road of Restorative Justice. The second is the annual lecture of the European Forum for Restorative Justice held jointly with the Asia-Pacific Forum for Restorative Justice in Milan (Braithwaite 2017). This first paper op...
Article
This article argues three propositions. The first is that restorative justice should be a legal principle that can trump legal rules, such as sentencing rules. Second it argues for embedding restorative justice in a hybrid political philosophy that is republican-feminist-socialist-capitalist. Third, it goes beyond ‘Persia to China: the Silk Road of...
Article
Criminal justice seems an implausible vehicle for reviving democracy. Yet democracy is in trouble. It is embattled by money politics and populist tyrannies of majorities, of which penal populism is just one variant. These pathologies of democracy arise from democracy having become too remote from the people. A new democracy is needed that creates s...
Article
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Paramilitary violence in Northern Ireland is un nished but nishable. In response to the 2016 ‘Fresh Start’ Panel report (Northern Ireland Government 2016) on disbanding paramilitaries, is it time to nish through a restorative peace? This would require a focus on building justice as a better future for excluded working class neighbourhoods, challeng...
Article
Genuine forgiveness usually does not happen in restorative justice. It should never be demanded. The objective is to create the kind of space for participants’ empathic and spiritual selves that welcomes forgiveness. The evidence is persuasive that forgiveness enhances human well-being. Eliza Ahmed’s evidence finds that forgiveness reduces bullying...
Article
In the “Peacebuilding Compared” research project violence is seen as cascading across space and time within and between war-torn societies. This article illustrates the cascade lens as a framework for hypothesis generation. Both violent actions and violent imaginaries cascade. The recent history of Sri Lanka is used to illustrate three cascade dyna...
Article
Full-text available
L’hybridité délibérative républicaine par la justice restaurative Republican theory has primarily been forged by normative work within the discipline of political philosophy and by the historiography of Western governance from Roman times. This contribution seeks to inform the republican tradition with insights from empirical research on criminal j...
Article
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This editorial is about how a paralegal program can multiply the effectiveness of restorative justice and reduce the imprisonment rate. That program is in Bangladesh, but it helps answer a question relevant for every country.The paralegals are the equivalent of the old “barefoot doctors” idea, translated into the justice field. They are not law gra...
Article
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One reason that regulation is difficult is that repeated encounters between regulator and regulatee are rare. We suggest diplomacy as a model for reconfiguring regulatory institutions in response. Ambassadors for Regulatory Affairs who would be agents for all state regulatory agencies could be based in most large firms and small and medium enterpri...
Article
Full-text available
Five cases of radical diversity in Asian reconciliation are used to suggest hypotheses for the kind of Asian relational theory building suggested in the contribution of Liu (2014) to this special issue: 1. Polynesian shame 2. Confucius and East Asian restorative justice 3. Indonesian and Timorese cultures of compliance with reconciliation agreem...
Article
Full-text available
In the “Peacebuilding Compared” research project violence is seen as cascading across space and time within and between war-torn societies. This article illustrates the cascade lens as a framework for hypothesis generation. Both violent actions and violent imaginaries cascade. The recent history of Sri Lanka is used to illustrate three cascade dyna...
Working Paper
Control of armies, police and parties delivers hard power in the ‘state of exception’ illustrated by civil war in Nepal. The history of Nepal nevertheless shows how in revolutionary conditions, the crowd can be decisive to advance equality. Soft people power is mostly superior for advancing egalitarian agendas than hard power. Yet momentary people...
Presentation
Full-text available
Paper Prepared for the Penn Program on Regulation’s Best-in-Class Regulator Initiative, June 2015
Article
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What are the virtues of institutions we take for granted-universities, the study of the social sciences and humanities, and scholarship on professions such as law? What are the vices of the disciplinary structure of the social sciences, even in the law and society movement and criminology that started as interdisciplinary projects? Research on regu...
Article
Responsive regulation is a general theory of how to steer the flow of events. This article seeks to understand when violence is and is not defensible as an enforcement escalation. It specifies limits on the claim of responsive regulatory theory that a tough enforcement peak to a regulatory pyramid helps drive regulation down to persuasion at the ba...
Article
Pakistan state law and Taliban rule of Sharia law are at different ends of a politico-legal spectrum. They share advocacy of one system of law and attraction to eradication of alternatives. Muslahathi Committees in Pakistan are used to explore legal pluralism, hybrid institutions that allow deliberative democracy to seek workable responses to injus...
Article
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State incapacity to ensure security for reconciliation after wars and to stand behind enforcement of reconciliation agreements is a problem. Lessons are drawn from Libya, a country teetering on the precipice of intractable violence. First, a logic of deterrence is that where deterrence is most needed, it is most dangerous. Second, a logic of restor...
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Le Canada est un contributeur distinct et important aux études criminologiques. Comme c’est le cas pour de nombreux autres domaines, il tire profit de sa proximité avec les leaders américains en la matière et de sa capacité à s’en éloigner. Cet éloignement est nécessaire, car la criminologie fait partie d’une structure disciplinaire pathologique de...
Article
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Transitional justice has an expectation management problem. International law imposes a right to justice and an obligation to defeat impunity from crimes against humanity. Yet there has not been a war where a substantial proportion of criminals against humanity have been convicted. Nor is one likely. The theoretical solution considered in this pape...
Chapter
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Article
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There are two fundamental ways to reduce crime: fix crime prevention weaknesses or build on crime prevention strengths. Three crime prevention strengths that have delivered most Asian societies comparatively low and falling levels of violence are considered: (1) war reduction as a path to reduction of common criminal violence; (2) comparatively low...
Working Paper
Chenoweth and Stephan (2011) found that nonviolent resistance movements since 1900 have twice the success rate of violent movements in achieving their objectives. Schock and Chenoweth (2012) furthermore show that nonviolent resistance movements with a violent radical flank have a lower success rate than nonviolent movements without a violent radica...
Book
The pharmaceutical industry exists to serve the community, but over the years it has engaged massively in corporate crime, with the public footing the bill. This readable study by experts in medicine, law, criminology and public health documents the problems, ranging from false advertising and counterfeiting to corruption waste and overpricing, wit...
Article
Full-text available
On the occasion of receiving the Australian and New Zealand Society of Criminology’s Distinguished Criminologist Award, John Braithwaite reflects on his time in the field. He defends a public-critical-professional-policy criminology of a more distinctively Pacific character. He canvasses options for the Australian and New Zealand Society of Crimino...
Article
This response refutes point (i) in the Ayres comment's abstract. It argues that at its heart responsive regulation is about seeking strategies that will render regulation more relational when it counts. This is possible even in domains like tax compliance where 99 per cent of the routine regulatory action occurs without face-to-face encounter. A nu...
Article
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In Part I of this article, US President, Barack Obama, is reported as saying to his inner circle that their objective in Afghanistan is not to build a Jeffersonian democracy. Part II is about the idea that a more Jeffersonian architecture of rural republicanism in tune with Afghan traditions is a remedy to limits of the Hobbesian analysis of cases...
Article
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This article views Afghanistan less as a war, and more as a contest of criminalized justice systems. The Taliban came to power because they were able to restore order to spaces terrorized by armed gangs and Mujahideen factions. After the Taliban’s ‘defeat’ in 2001, their resurgence was invited by the failure of state justice and security institutio...
Article
An increasing proportion of the largest corporations in the world are majority publicly owned; a growing proportion of the biggest national economies have higher levels of public ownership than the North Atlantic economies that dominated the twentieth century. The Cold War contest between purer forms of capitalism and communism has given way to a m...

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Projects

Projects (4)
Project
This project aims to enrich the understanding of restorative justice in the Greater China area.
Project
This project aims to build upon the work of the Centre for Restorative Justice at RegNet in advancing the use of RJ to address sexual assault and sexual harassment (SASH) on campus. The problem of SASH is well documented and the ANU through the Respectful Relationships committee has been exploring the use of restorative justice as an option for victims/survivors.