PREMESSE COMPARATE AD UNO STUDIO SULLA GIUSTIZIA RIPARATIVA

[Machine translation] The purpose of this contribution is to address the aims, advantages and critical issues of comparative studies in, field of restorative justice. This reflection proves to be of preliminary interest because a number is always, Greater than articles and monographs, as well as international “forums” uncritically affirms the importance, of the implementation of a restorative justice system, without taking into account the profound differences between systems, continental Europeans and the common law systems, as well as of the different approach to reparation that these, they also present within the European scene. The article will examine the structural conditions that, determine the growing interest in the comparative method, especially in Europe, will highlight the, importance of exploiting the results deriving from the comparative analysis and will also indicate the main, difficulties encountered by comparison and its impact on legal systems. The research concludes by presenting the, positive potential that a restorative justice system could have if embedded in a hypothetical system, continental law, as well as the problems that, if we remain in an exquisitely criminal perspective,, it will encounter this in its development., The aim of this paper is to examine the objectives, benefits and challenges of comparative studies in the field of, restorative justice. This discussion is of particular relevance given that an increasing number of articles,, monographs and international ‘forums’ uncritically affirm the importance of implementing a restorative justice, system, without taking into account the profound differences between continental European systems and common, law systems, or the varying approaches to restorative justice that exist even within the European landscape. The, article will examine the structural conditions driving the growing interest in the comparative method,, particularly in Europe; it will highlight the importance of capitalising on the findings of comparative analysis;, and it will also identify the main difficulties encountered in comparison and its impact on legal systems. The, research concludes by presenting the positive potential that a restorative justice system could have on a, hypothetical continental legal system, as well as the challenges that restorative justice will face in its, development should it remain within a strictly criminal law framework.