Le sfide poste dall'istituzionalizzazione della giustizia riparativa: importazione di modelli e nuovi colonialismi

The chapter analyzes the “Cartabia reform” within the European context, highlighting how it represents a significant signal for the adoption of new models of response to crime. The main focus is on the birth and development of restorative justice and the phenomenon of importing conflict resolution models from indigenous justice systems, as well as the exportation of norms that, within Western justice, incorporate and adapt these models. The paths of institutionalizing restorative justice are analyzed distinguishing between weak and strong normative models. More specifically, the generalist approach (restorative justice for all crimes) is compared to the particularist approach (restorative justice only for certain crimes), the right is compared to the faculty to access restorative justice programs. The methods to identify the distinctive qualities of atypical restorative methods are explored. Finally, the evolution of restorative justice is traced, from a bottom-up movement to a top-down normative phenomenon.