The Restorative Justice Apparatus: A Critical Analysis of the Historical Emergence of Restorative Justice

Drawing on Michel Foucault’s theoretical reservoir, this article conceptualizes restorative justice (RJ) as an ‘apparatus’, that is, a dynamic ensemble of elements whose emergence is related to the development of a distinctive political rationality (ethopo- litics). This approach enables a multidimensional comprehension of RJ, since it targets both discursive and non-discursive elements, their power/knowledge relations and subjugating effects. Furthermore, the article explores possibilities for an emancipatory RJ, against the subjective entrapment that the apparatus produces, offering some prac- tical examples. Overall, this work aims to offer a theoretically engaged and critical scrutiny of RJ by using an underexploited analytical device – the apparatus – apt to make visible unexpected dimensions of this ‘new’ frontier of western penalty. This could enhance our understanding of the emergence and possible trajectories of RJ, by iden- tifying risks and opportunities as well as tools for disentanglement from its most pro- blematic institutional developments.