Environmental harm manifests itself in various ways, from the direct harms of capitalist activity (e.g. pollution caused by industrial activity), to indirect or unintentional harms caused by accidents and upset incidents, and the exploitation of non-human nature. How to address and achieve redress for environmental harms is a potentially contentious issue. Traditional forms of criminal justice are predominantly situated within notions of retributive punishment, applying sanctions to offenders whilst achieving little for victims and often failing to repair the harms (Wenzel & Okimoto, 2016). By contrast, restorative justice approaches provide for reparation; in principle, putting the victim (the community or the environment) back in the position it would have been in had the harm not occurred (Sherman et al., 2007). Whilst this is not always possible, restorative approaches have been attempted in some cases of environmental harm by, for example, requiring polluting companies to make some form of environmental restoration to affected communities.

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Greening Justice: Ecojustice and Remedying Environmental Harm

  • Angus Nurse

摘要

Environmental harm manifests itself in various ways, from the direct harms of capitalist activity (e.g. pollution caused by industrial activity), to indirect or unintentional harms caused by accidents and upset incidents, and the exploitation of non-human nature. How to address and achieve redress for environmental harms is a potentially contentious issue. Traditional forms of criminal justice are predominantly situated within notions of retributive punishment, applying sanctions to offenders whilst achieving little for victims and often failing to repair the harms (Wenzel & Okimoto, 2016). By contrast, restorative justice approaches provide for reparation; in principle, putting the victim (the community or the environment) back in the position it would have been in had the harm not occurred (Sherman et al., 2007). Whilst this is not always possible, restorative approaches have been attempted in some cases of environmental harm by, for example, requiring polluting companies to make some form of environmental restoration to affected communities.