Riparare per legge. Fondamenti e criticità della giustizia riparativa

Restorative justice, recently introduced in the Italian criminal justice system, is based on the active and shared participation of both the offender and the victim in order to repair the wound caused by the crime. In order to investigate the compatibility of this model with the concept of legal responsibility, as well as to reconstruct the theoretical assumptions of victimological theory, the essay focuses on the case of gender violence. Under these perspectives and, moreover, under the scrutiny of critical criminology, the restorative paradigm shows itself as an observatory to discuss the pre-legal dimension that emerges from one of its main assumptions: the prevalence of community over society.