The valid contract Case Study Example | Topics and Well Written Essays - 1500 words

The valid contract - Case Study Example However, a point to be noticed in this context is that to be legally binding, the promise made by the party and its acceptance must be aimed at forming a legal relationship. Anything made out of natural relationship (or domestic arrangements) are assumed not to create any legally binding obligations. Nevertheless, the case -Parker Vs Clark [1960] NLR 286- demonstrates that although domestic arrangements are assumed not to create legally-binding obligations, in some cases this assumption may be overruled by the facts . obligations. Moreover, Irene made the offer without having any intention to avail consideration from Gina. The offer is made just out of natural relationship. Therefore, it is not possible for Gina to approach the court for justice and get the promised money from Irene. Though, Gina has made some promises after the promise by Irene, this does not amount to a promise, which is legally enforceable. In this context, the case Balfour v Balfour [1919] 2 KB 571 is worth notable as "it demonstrates the strong presumption that domestic agreements, even if framed in contractual terms, are not intended to create legal obligations" (Law Glossary, 2006). Usually, when an order is made by one party to another for the supply of certain goods for a consideration, it becomes a contract. Both parties are legally binding to the terms of the contract are obliged to perform their part. If any of them makes a default, the aggrieved party can claim compensation from the defaulted party as the transaction is legally enforceable. When one is making an offer to another on the strength of the offer made by a third party, and if the third party makes a default and it subsequently results in the non performance of the offer, the third party is no way affected by the default of the promissor. In the given case, though Irene has made a promise to pay Gina a sum of 15000 and subsequently defaulted to pay the sum, the offer (s) business or personal made by Gina will in no way affect Irene as the first offer itself is not a legally binding one. Therefore, it is not legally obligatory for Irene to pay the remaining amount to Kolumbie, the aromatherapy oil supplier. Is Gina liable to Jaymark Fitness for the 4,000 balance on her debt When an offer is made out of the strength of the offer of another and the subsequent default of the original offer, the second offer cannot be performed and will result in breach of contract. But, it is to be noticed that whether the original offer is legally binding or not. In the given case, the original offer is a domestic arrangement and it is out of the natural relationship between Irene and Gina. However, when Gina has placed an order for 10,000 worth goods and after the default by Irene, Gina could not keep the promise that the payment shall be paid later. Gina informed Jaymark that she could not pay the 10,000 owed but could manage 6,000 and that if Jaymark tried to sue her for more, she would declare herself bankrupt and Jaymark would get nothing at all. Jaymark reluctantly agreed to accept the 6,000 in full and final satisfaction of the debt. Therefore, Gina is not

Horoscopes and Astrology Essay Example for Free

Horoscopes and Astrology Essay Horoscopes are charts created by astrologers. A definition of a horoscope is: the illustration of the position of the sun, moon, and planets from a given location on earth, usually at birth. Which simply means, where everything in the universe was in relation to everything else when you were born. People have been finding their horoscopes for a long time now, its nothing new. The earliest known horoscope was from 409 B.C. where it started to spread in the East with the conquerors of the Roman Empire. From there, it started spreading all the way across to Western Europe, where it was almost considered a science itself by all learned people. Everyone has an astrological sign. There are 12 in all. They are called the signs of the zodiac. The 12 signs are called : Aries, Taurus, Gemini, Cancer, Leo, Virgo, Libra, Scorpio, Sagittarius, Capricorn, Aquarius, and Pisces. Each sign represents a set of human characteristics. They deal with certain area of a persons life, such as marriage, health, work, travel, and death. Astrologers believe that the position of the objects in the sky when you were born and their movements reflect the persons character and destiny. The horoscope also is divided into 12 houses. Unlike the zodiacal signs, which represent the annual cycle of the sun, the house represent the 24 hours of a day of the Earths daily rotation. Astrologers make predictions by studying the position of the objects with all of the 12 signs and of the 12 houses. You might see your horoscope in the newspaper today. Its based on the signs of the zodiac I mentioned, and where the Sun was located when you were born. It implies that all people born under the same sign anywhere in the world at any time share common characteristics. Today, even though only a small percentage of people believe in it, books and  columns on astrology rate higher than ever no one can say why! I think curiosity has a big effect on the overall popularity of astrology and horoscopes. Horoscopes are illustrated by circles, called the ecliptic. Its the way the earth orbits around the sun in a year. Every planet (including the sun and moon) has a sign, depending on where the planet is on the ecliptic when the horoscope was made to be for. The astrology that horoscopes are based on are criticised and questioned often, and although many scientists disagree with the science involved in getting your horoscope, millions of people continue to believe or practice it.

Cubism Essay -- essays research papers

Pablo Picasso Pablo Picassso was probably the most famous artist of the twentieth century. During his artistic career he created a large body of work that consisted of sculptures, prints and ceramics, while experimenting with several different materials. Today Picasso is known as one the forefathers of the artistic movement known as Cubism. Pablo Picasso was born on October twenty-fifth 1881, in Malaga, Spain, to Jose Ruiz and Maria Picasso. Rather than adopt the common name of his father, Picasso took the more unique last name of his mother as his own. "An artistic prodigy, Picasso at the age of fourteen, completed the one month qualifying examination of the Academy of Fine Arts in Barcelona in one day." as stated by ( ). From there he went to the Academy of San Fernando in Madrid, returning to Barcelona in 1900. goes on to state that," Picasso attended one of the cities most famous cabarets of intellectuals and artist, El Quatre Gats." ( ). During the year of 1901 until 1904, Picasso went through what is now regarded as his "Blue Period". Picasso Became fascinated with unique characters as his subject manner. He began to paint images that were full of anger and sorrow. Some believe that Picasso was experiencing an early mid-life crisis because of the content of his work. All that changed in 1905, when Picasso began to paint in a more colorful manner. He became intrigued by the lifestyle of traveling circus acts. He started to paint in mid...

TXJ Companies

First of all, the TXJ Companies did not have as much security controls at all. The security controls that were in place were controls that were easy for hackers to have access to. The security’s controls weaknesses are that the computers that were used where computers that did not have the correct firewall installed. The firewall that was installed were firewalls that did not have as much of protection. They were not installed properly. The computers did not have any data encryption at all. These computers were easily to be access by hackers. The tools and technologies that could have been used to fix the weaknesses were to upgrade their computers to the latest security system. The computers could had firewalls installed, in order for hackers to stay away. An anti-virus could had been installed in order for malicious data to have access to the computers. The computers firewall should had been installed correctly as well. The business effect of TJX’s data loss to TJX, consumers, and banks were that due to its data loss, this lead to a raised in costs. The costs were from the personal data that had been lost. The business’s costs had raised a tremendous amount. The moral dimensions that may had been applied in this situation where to realize and focus what could had really happened if there were more security from the business. For instance, the business had to think before, after making any actions. The business made the action of not making secured computers and this is why, the business had to deal with a situation like this. The smart choice was not being conducted. By not making the correct decisions, the business had lost a lot.

Bell Hooks Views Higher Education is Important

The United States provides our society with the undeniable right to learn. The right to higher education is not limited to the middle and upper classes; it allows the less privileged, minorities, as well as both sexes, to receive an equal education. Two arguments which present interesting views on higher education are bell hook†s â€Å"Keeping Close to Home† and Adrienne Rich†s â€Å"What Does a Woman Need to Know? † Hooks views higher education with a concern for the underprivileged, whereas Rich views it with a concern for women. Of the two works, I personally do not agree with Rich†s argument. Bell hooks views higher education to be a time in which we find ourselves and learn more about who we are. This concept remains difficult on the underprivileged because they do not want to be known for their background. They see themselves as less privileged, and therefore want to keep this hidden from their new society. These students face many obstacles in their lives; college presents a whole new and much larger challenge. The transition is also hard on them. They want to fit in and hide their past, but at the same time, they do not want to lose sight of their upbringings. Hooks felt that she was an outsider in college, because she herself came from an underprivileged background, while most of her peers came from privileged backgrounds. Hooks states, â€Å"I did not intend to forget my class background or alter my class allegiance†(88), but she felt that in order to succeed, she must change who she was. Society, peers, and educators make assumptions that label the underprivileged and minorities as † ‘lower class† people† who have â€Å"no beliefs or values†(88). Professors expect these students to perform badly because of their past and their reputation in today†s society. The students are not given the fair chance other students receive. Knowing the way society portrays them, the students keep to themselves. Even after they prove to be serious and capable students, they are still looked down upon. Hooks, at first, thought that in order to succeed in college, she must change who she was, to blend in with her peers. She said many â€Å"believe that assimilation is the only possible way to survive, to succeed. (89). After going through the transition and facing these obstacles herself, hooks came to the conclusion that this was not the case. She has maintained close ties with her family, knows where she came from, and has succeeded in life. Hook†s essay tells us that you can maintain close relationships with home and still succeed. Not only are the underprivileged discriminated against, but women are too. One extreme feminist side, Adrienne Rich claims that women are not getting what they deserve when it comes to higher education. Rich states, â€Å"There is no woman†s college today which is providing young women with the education they need for survival as whole persons in a world which denies women wholeness†(45). This, of course, is all due to male dominance. Rich believes women are outsiders in man†s world. She wants women to keep their outsider†s view and not think like men when they are placed in a prominent position. The sense of male supremacy discourages women from performing at an equal level. This goes along with the idea that â€Å"feminist studies are ‘unscholarly,† ‘biased,† and ‘ideological†Ã¢â‚¬ (46). Rich claims that the education women are receiving is leaving them powerless and vulnerable. She believes â€Å"that without such an education, women have lived and will continue to live in ignorance of our collective context†(45). Because of male dominance over women†s education, the chance for women to be educated the way women should be educated is one that Rich believes does not exist. Because of Adrienne Rich†s extreme views and harsh tone towards men, I disagree with her view on higher education. Just as Rich, I do believe that women have the right to an education. Men do not have a hidden agenda to keep women powerless in the world as Rich implies. Despite the fact that this argument was given almost twenty years ago when women†s rights were a controversy, her view of women, even then, is a bit demeaning. Her comment that motherhood deprives women of their power is ridiculous. Clearly, bell hook†s â€Å"Keeping Close to Home† and Adrienne Rich†s â€Å"What Does a Woman Need to Know? display a view of higher education in which people are being discriminated against. The underprivileged, as well as women, continue to be taken advantage of in our society. The right to higher education is given to all persons – rich or poor, black or white, man or woman. Some fail to realize the importance of higher education as a step in the right direction. This opportunity is one that should and can be taken advantage of by everyone who wants badly enough to achieve success and lead a successful life.

How To Prepare A Good Resume And CV

How To Prepare A Good Resume And CV How To Prepare A Good Resume And CV â€Å"If you call failures experiments, you can put them in your resume and claim them as achievements,† said professor Mason Cooley. His witty observation highlights this basic truth: the effective resume and CV writing requires careful thought and attention. The following tips can help produce a quality resume or CV. Know The Difference It is important to know the difference between a resume and a CV (curriculum vitae). While resumes are commonly required by companies from job applicants, certain positions require a CV. Both documents are a written summary of a person’s background, but there are three main differences between the two: length, content, and purpose. First, a resume is a brief summary of a person’s background, education and work history. It usually is one page in length, and at most two pages. A CV is more detailed and therefore longer. For a younger professional a CV may only be 2-3 pages. As he/she gains more experience, the CV may increase to 10 pages or more. Second, a resume and CV will differ in contents. A resume will usually be limited to education, work experience, and credentials. A CV may include these as well, but will also have teaching experience, awards, publications, presentations, and any other career-related achievements. Finally, the two documents serve different purposes. A resume is a concise summary of education and experience focused on presenting a person’s qualifications for a specific job. Because of this, resume editing is often necessary to tailor it to the particular job sought. A CV is a detailed overview of life accomplishments often focusing on academic history, experience and research. As such, CV writing is often required if a person seeks a position in higher education, research, or medicine. Additionally, if a person applies for an international position, a CV is most often required and not a resume. Include Needed Information Since these documents will form a prospective employer’s first impression, a person needs to include the proper information for each type. For a resume, this includes the following: name and contact information, education, and work experience. Arrange the information in each section chronologically. An applicant should also prepare a cover letter to send with the resume. It serves as a written record of what is sent, to whom it is sent, and who sent it. A CV is much more detailed. It should include personal information such as marital status, age, date of birth, number of children, personal interests, and a professional photo. It should then detail the candidate’s academic background, beginning with high school. A person should also include research experience, teaching positions, grants, honors, awards, fellowships, publications, presentations, scholarly or professional memberships, licenses, certificates, and all other related information. The details in each of these sections should also be arranged in chronological order. Prepare and Polish Finally, prepare the written products with careful CV and resume editing. Maintain uniformity in style, font, and formatting throughout the documents for an appealing finished product. A person should proof-read the writing thoroughly to insure proper spelling and grammar. Free online grammar editing tools are a great help in this task. Considering a resume and CVs importance, a person may consider employing the services of a company like for assistance. Contact us today at toll free at 800-573-0840 to see how we can help.

Outline the key theoretical claims of restorative justice and critically evaluate its advantages and disadvantages as applied to contemporary punishment practices in the UK. The WritePass Journal

Outline the key theoretical claims of restorative justice and critically evaluate its advantages and disadvantages as applied to contemporary punishment practices in the UK. Abstract Outline the key theoretical claims of restorative justice and critically evaluate its advantages and disadvantages as applied to contemporary punishment practices in the UK. ). Further, over the last three decades, within the context of the rise of neo-liberal populism, that has seen decline of the rehabilitative ideal, restorative justice practices have the potential to mitigate the worst excesses of punitive punishments (Garland, 2001). However, the theoretical underpinnings of restorative justice, as this paper will show, has been attacked in various ways, due, in part, to its propensity to either be seen as undermining the impartiality of the criminal justice system, or as yet another form of what Foucault (1975) describes as ‘governmentality’. From this perspective, restorative justice is seen as an informal process that results in a net-widening of state control (Garland, 2001, Pavlich, 2013). This, in turn, has generated a significant ideological debate over the future of criminal justice (Johnstone Van Ness, 2007). Proponents of restorative justice, however, argue that within the prevailing punitive regime, the increase in custodial sentences has generated a penal crisis that may be mitigated by the use of restorative approaches (Cavadino Dignan, 2006). Restorative justice may therefore be seen as a significant and pragmatic means of lowering the rate of recidivism and bringing about a more humane and equitable justice (Sim, 2008, Cornwell, 2009). The Demise of the Rehabilitative Ideal Since the eighteenth century, idea’s surrounding state punishment have led to a mixture of approaches that prevail today (Stohr et al, 2012). Clarkson, 2005, suggests that these theories in turn have generated continual discourse surrounding the moral justifications for punishment, which are; retributivism, deterrence, rehabilitation and incapacitation. Sim (2009), citing Foucault, argues that although the prevailing literature on the history of the criminal justice system has placed an emphasis on the shifts and discontinuities in the apparatus of punishment, such as the move from retributive punishment toward a more progressive rehabilitative approach, since the mid 1970s punishment has been underpinned and legitimated by a political and populist hostility to offenders (ibid, Garland 2001, Cornwell, 2009). Garland (2001) argues that the last three decades has seen a shift away from the assumptions and ideologies that shaped crime control for most of the twentieth century. To day’s practices of policing and penal sanctions, Garland argues, pursue new objectives in a move away from the penal welfarism (rehabilitation) that shaped the 1890s†1970s approach of policy makers, academics and practitioners. Cornwell (2009) argues that although the rehabilitative model of punishment was seen as a progressive approach in the middle years of the last century, when it was widely accepted that the provision of ‘treatment and training’ would change the patterns of offending behaviour, the ideology failed to work out in practice (Garland, 2001). In turn, there became a disenchantment with the rehabilitative approach, and the ‘Nothing Works’ scenario became an accepted belief, given the reality of prison custody (Martinson, 1974). Muncie (2005) claims that the 1970s neo-liberal shift in political ideology saw the rehabilitative welfare model based on meeting individual needs, regress back towards a ‘justice model’ (ret ributive), that is more concerned with the offence than the offender. From the 1990s, Muncie argues, ‘justice’ has moved away from due process and rights to an authoritarian form of crime control. The Prison Crisis Cornwell (2009) claims that the effect of the ‘justice model’ on the prison population cannot be overstated (Sim, 2008). In England and Wales in 1990 the average daily prison population stood at around 46,000, by 1998 this figure increased to over 65,000, by 2009 the number rose to 82,586 (ibid). Further, the findings in the 2007 Commission on Prison’s suggest that a ‘crisis’ now defines the UK penal system (The Howard League, 2007). Despite a 42,000 decline in reported crime since 1995, the Commission argue, the prison population has soared to a high of 84,000 in 2008, more than doubling since 1992. Cornwell (2009) claims that at present the costs of keeping an offender in prison stands at around  £40,000 per year, where the estimated cost of building new prisons to accommodate the rise of the prison population will take huge resources of public money. Prison has therefore become the defining tool of the punishment process, where the United Kingdom (UK) now imprisons more of its population than any other country in Western Europe (ibid: p.6). A History of Restorative Justice In response to the prison crisis, experimentation in the 1990s began to see various forms of restorative justice models in order to mitigate retributive punishment and as a means of re-introducing a greater emphasis on the rehabilitation ideal (Muncie, 2005). The arguments for restorative forms of justice, Cornwell (2009) claims, are not just about cost and sustainability on national resources, but more significantly, the notion of the type of unjust society the United Kingdom (UK) is likely to become unless this surge in punitive sanctions is not abated (ibid, Sim, 2009). Cornwell (2009) suggests that the main strength of the restorative justice model is that it is ‘practitioner led’, deriving from the practical experience of correctional officials and academics who have a comprehensive understanding of the penal system. From a ‘Nothing Works’ (Martinson, 1974) to a ‘What Works’ experience, the emphasis of restorative justice has been to identi fy a more humane, equitable and practical means of justice that goes beyond the needs of the offender (rehabilitative goal) toward addressing the victims and their communities (Cornwell, 2009). Restorative Justice † Theory and Practice Howard Zehr (2002), envisioned restorative justice as addressing the victim’s needs or harm that holds offenders accountable to put right the harm that involves the victims, offenders and their communities (Zehr, 2002). The first focus is on holding the offender accountable for harm, the second is the requirement that in order to reintegrate into society, offenders must do something significant to repair the harm. Third, there should be a process through which victims, offenders and communities have a legitimate stake in the outcomes of justice (Cornwell, 2009.p:45). In this way, Zehr (2002) redefines or redirects the harm of crime away from its definition of a violation of the state, toward a violation of one person by another. At the same time, the focus of establishing blame or guilt shifts toward a focus on problem solving and obligations. As a result, communities and not the state become the central facilitators in repairing and restoring harm (ibid). Although restorative justice has received wide recognition across many western countries together with the endorsement of the Council of Europe in 1999, progress toward the implementation of restorative justice principles into mainstream criminal justice practices is slow (Cornwell, 2009). Further, restorative justice, both in theory and practice continues to generate a substantial and contentious debate (Morris, 2002). Restorative Justice † A Critique Acorn (2005) argues that ‘justice’ has traditionally symbolised the scales of impartiality on the one hand, and the sword of power, on the other. Justice is thereby possible when a neutral judge calculates a fair balance of accounts to make decisions that are backed by state power. Restorative justice, by its practice of informal dispute resolutions, can be seen as a call to a return of a ‘privatised’ form of justice (ibid, Strang Braithwaite, 2002). This criticism is qualified by the propensity of restorative justice advocates (Braithwaite, 1989) that critique punitive justice responses and thereby view the power of the state as harmful. This in turn, at least theoretically, erodes state power and state created crime categories, thereby threatening to create a ‘privatised’ justice process (Strang Braithwaite, 2002). Within this process, Strang Braithwaite (2002) argue, restorative justice cannot be seen to ‘legitimately’ deal wi th crimes. Acorn (2004) suggests that unlike the prevailing criminal justice system, the desire to punish (retribution) is replaced by a version of justice that is centred on specifically nuanced concepts of harm, obligation, need, re-integration and forgiveness. Such values guide Family Group Conferences, Community Mediation, Victim-Offender Commissions and various forms of tribunals (Alternative Dispute Resolution (ADR)) (MacLaughlin et al, 2003). Family Group Conferences is a prominent practice in restorative justice, that includes community members (paid or unpaid) to ‘hear’ disputes and help parties to resolve conflicts. However, rather than a diversion from the criminal justice system, such conferences involve offenders already convicted (Acorn, 2004). Garland (2001) views this arrangement a form of ‘net-widening’, where informal justice becomes part of the social landscape that encompasses a widening and ever expanding form of crime control (ibid). A lthough restorative justice advocates argue that informal justice creates domains of freedom that empower victims, offenders and communities, opponents claim that restorative justice represents another pernicious way in which community mediation expands state control, while claiming to do precisely the opposite (Acorn, 2004, Garland, 2001, Pavlich, 2013). Restorative justice proponents are clear in their critique of the criminal justice system that is seen to not represent victims or their communities, where state officials, such as the police, lawyers and judges, are impartial, and thereby have no direct understanding of those affected by criminal offenses (Pavlich, 2013). Here, Pavlich refers to Foucault’s concept of ‘governmentality’, where the state subtly arranges the background settings to produce subjects who think and act in ways that do not require direct coercion, in what Foucault terms the ‘conduct of conduct’ (Pavlich, 2013, Foucault, 197 5). In this way, Foucault argues, self governed subjects are produced when they buy into the logic and formulated identities of a given governmentality (Foucault, 1975). Garland and Sparks (2000) claim that restorative justice, as a form of govermentality has, in part, come about by the increased attention, over the last twenty-five years, toward the rights of the ‘victim’. Here, Garland (2001) argues that the last two decades has seen the rise of a distinctly populist current in penal politics that no longer relies on the evidence of the experts and professional elites. Whereas a few decades ago public opinion functioned as an occasional restraint on policy initiatives, it now operates as a privileged source. Within this context, Garland argues, victims have attained an unprecedented array of ‘rights’ within the criminal justice system, ranging from; ‘the right to make victim impact statements’, the right to be consulted in prosecutions, sentencing and parole together with notifications of offenders post release movements and the right to receive compensation. Further, the right to receive service provision ent ails the use of Victim Support agencies who help people address their feelings and offer practical help and assistance, mitigating the negative impact of crime (Reeves and Mulley, 2000). Wright (2000) suggests that while such developments may be seen as a triumph for victim support movements, these reforms do not fundamentally alter the structural position of victims. This, Wright explains, is because the punitive structural system remains intact whereby the victim’s interests will necessarily remain secondary to the wider public interest, represented by the crown (Wright, 2000). It can be argued that while critics may be seen as correct in their perception of restorative justice as a form of governmentality or net-widening by the state, the attack may be seen as premature, given the early stages of its development (Cornwell, 2009). Cornwell argues that critics have not given restorative justice enough time to develop and potentially emerge as a stand alone resolution to the problem of crime and its repercussions for the victims, offenders and their communities (ibid). Restorative justice programmes are still at an embryonic stage, where they are attracting critique, mainly due to their attachment to the Criminal Justice System (Cornwell, 2009, Morris, 2002, Ministry of Justice, 2012). Cornwell (2009) also addresses the argument that the restorative approach places too much emphasis on the status it affords to the victims of crime. In reality, Cornwell suggests, that status is very much based on political rhetoric rather than actual reform. The publication of the Criminal Justice Act 2003 that anticipated an advance in restorative and reparative measures into the criminal justice system, in reality bought in a much more punitive provision. Restorative measures under the Act are initiated on the basis of a ‘mix and match’ arrangement for ‘custody plus minus’. Here, (Garrielides, 2003) points out that restorative justice has therefore become somewhat removed from its underlying theory (Garrielides, 2003). Put simply, the restorative approach has been cherry picked to support other punitive initiatives, leaving its central tenets at the margins of the criminal justice system (Cornwell, 2009). Restorative Justice – Does it Work? Since the 1990s a number of restorative justice trial schemes began to take place, in order to measure success in terms of re-offending and victim satisfaction. According to a Ministry of Justice Report (Shapland et al, 2008), measuring the success of restorative justice against criminal justice control groups, it was found that offenders who took part in restorative justice schemes committed statistically significantly fewer offences (in terms of reconvictions) in the subsequent two years than offenders in the control group. Further, although restorative justice has been generally reported to be more successful within youth justice, this research showed no demographic differences, for example; in age, ethnicity, gender or offence type. The report also showed that eighty-five percent of victims were happy with the process (ibid). These results are reflected in various case studies. Published by the Restorative Justice Council (2013) the following gives an example of the positive impa ct that restorative justice can have on the victim, the offender and communities: Arrested in February last year, Jason Reed was sentenced to five years in prison after admitting to more than fifty other burglaries.   During the criminal justice process, Jason expressed his wish to start afresh and make amends, so he was referred to the post-conviction restorative justice unit. After a full assessment to ensure his case was suitable for restorative justice measures, three conferences took place between Jason and five of his victims. The victims had different motivations for taking part and they were able to express their upset and anger directly to the offender. Jason agreed to pay back an agreed amount of compensation and the victims showed some acceptance and forgiveness (Restorative Justice Council, 2013). Conclusion Overall, this paper has argued that restorative justice may be seen as an attempt to address the disillusion within the criminal justice system in the 1970s that had conceded that ‘Nothing Works’. The demise of the rehabilitative ideal (Garland, 2001), against the backdrop of political shifts toward a neo-liberal ideology, bought about a more punitive, retributive stance toward punishment and offending (Sim, 2008). As a result, the rise in prison populations has bought about a penal crisis. In response, new initiatives in restorative justice began to develop, emerging as a more equitable, humane form of punishment (Cornwell, 2009). The advantages of the restorative approach cannot be overstated, as this paper shows, rather than the state focusing on the offender (as is the case with the prevailing criminal justice system), restorative justice seeks to address the needs of the victim and community participation (Zehr, 2002). In practical terms, there appears to be some su ccess in terms of re-offending and victim satisfaction (Ministry of Justice, 2008). Despite the criticisms (Garland, 2001), it can be argued that restorative justice demonstrates an opportunity and potential to mitigate the worst excesses of the criminal justice system and bring about a more equitable and humane approach (Cornwell, 2009). Word count: 2654 Bibliography Acorn, A (2004) Compulsory Compassion: A Critique of Restorative Justice. Vol 14, No.6 (June 2004) pp. 446-448. University of British Columbia Press Bottoms, A, Gelsthorpe, S Rex, S (2013) Community Penalties: Change Challenges. London: Wilan Publishing Cavadino, M Dignan, J (2006) Penal Systems: A Comparative Approach. London: Sage Publications Clarkson, M (2005) Understanding Criminal Law. London: Sweet Maxwell Cornwell, D (2009) The Penal Crisis and the Clapham Omnibus: Questions and Answers in Restorative Justice. Hampshire: Waterside Press Dupont-Morales, M, Hooper, M, Schmidt, J (2000) Handbook of Criminal Justice Administration. New York: Marcel Dekker Inc. Garland, D (2001) Culture of Control: Crime Social Order in Contemporary Society. Oxon: Oxford University Press Garland, D Sparks, R (2000) Criminology Social Theory. Oxford: Clarendon Garrielides, T (2003) Restorative Justice Theory and Practice: Mind the Gap! Available[online]from: euforum.org/readingroom/Newsletter/Vol04Issue03.pdf The Howard League for Prison Reform (2007) Do Better, Do Less: The report of the Commission on English Prisons Today. The Howard League. Available [online] from: howardleague.org/fileadmin/howard_league/user/online_publications/Do_Better_Do_Less_res.pdf Accessed on 26th February 2014-02-27 Johnstone, G (2011) Restorative Justice: Ideas, Values, Debates: Second Edition. Oxon: Wilan Publishing Marshall, T (1996) The Evolution of Restorative Justice in Britain. European Journal on Criminal Police and Research (4) 21-43 McLaughlin, E, Fergusson, R, Hughes, G, Westmaland, L (2003) Restorative Justice: Critical Issues. London: The Open University Ministry of Justice (2012) Restorative Justice Action Plan for the Criminal Justice System. November 2012 Available [online] from: restorative_justice_action_plan.pdf Morris, A (2002) Critiquing the Critics: A Brief Response to Critics of Restorative Justice. British Journal of Criminology (2002) 42 (3): 596-615 Muncie, J (2005) The Globalization of Crime Control: the Case of Youth and Juvenile Justice: Neo-Liberalism, Policy Convergence International Conventions. Theoretical Criminology 9 (1) pp: 35-64 Raynor, P, Robinson, G (2009) Rehabilitation, Crime and Justice. London: Palgrave Macmillan Restorative Justice Council (2013) Case Studies Available [online] from: http:www.restorativejustice.org.uk/?p=resourceskeyword=178 Accessed on: 27th February 2014 Reeves, H Mulley,K (2000) The New Status of Victims in the UK: Threats and Opportunities, cit in: Crawford, A and Goodey, J (eds) Integrating a Victim Perspective Within Criminal Justice Debates. Aldershot: Ashgate Press Robinson, G Crow, I (2009) Offender Rehabilitation: Theory, Research Practice. London: Sage Publications Shapland, J, Atkinson, A, Atkinson, H, Dignan, J, Edwards, L, Hibbert, J, Howes, M, Johnstone, J, Robinson, G and Sorsby, A (2008) Does Restorative Justice Effect Reconviction. The fourth report from the evaluation of three schemes. Ministry of Justice 2008. Available [online] from: restorativejustice.org.uk/resource/ministry_of_justice_evaluation_does_restorative_justice_affect_reconviction_the_fourth_report_from_the_evaluation_of_three_schemes/ Accessed on 26th February 2014 Sim, J (2009) Punishment and Prisons: Power and the Carceral State.London: Sage Publications Limited Stohr, M, Walsh, A, Hemmens, C (2012) Corrections, a text/reader, Second Edition. London: Sage Publications. Strickland, R.A (2004) Studies in Crime Punishment. New York: Peter Lang Publishing Inc Sumner, C (2008) The Blackwell Companion to Criminology. London: John Wiley Sons Wright, M (2000) Restorative justice and Mediation. Paper presented at the conference Probation Methods in Criminal Policy: Current State and Perspectives at Popowo, Poland, 20-21 October. Available [online] from: restorativejustice.org/10fulltext/wrightmartin2000restorative/view Accessed on: 28th February 2014 Zehr, H (2002) Little Book of Restorative Justice. New Zealand: The Little Books of Justice and Peace Building