Dancing With Restorative Justice: Chinese Legal Professionals and Their Motivational Postures

ABSTRACT Drawing on an extension of Valerie Braithwaite's motivational postures theory (MPT), this study provides a nuanced examination of the implementation of restorative justice (RJ) by Chinese legal professionals, including police, prosecutors, and judges. Based on qualitative data from China, the study finds that the interaction among three different selves (moral, professional, and status‐seeking) determines the social distance legal professionals maintain from the various RJ programs they implement. By shifting MPT's focus from regulatees to regulators and introducing a professional self to capture role‐specific grievances and obligations, this extension illuminates how institutional and political constraints shape adaptive postures in top‐down systems. As a result, various legal professionals displayed four motivational postures—commitment, capitulation, resistance, and disengagement—toward RJ in different contexts. This study avoids a simplistic and narrow perspective on the institutionalization of RJ and provides valuable insights into improving policy designs and institutional structures. These improvements aim to foster less defiant and more accommodating postures among legal professionals toward RJ within the mainstream justice system.

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Publication Details

Journal
Regulation & Governance
Published
2025-10-16
DOI
https://doi.org/10.1111/rego.70093
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

Dancing With Restorative Justice: Chinese Legal Professionals and Their Motivational Postures

Yan Zhang
Regulation & Governance
Criminal Justice and Corrections Analysis
article

Dancing With Restorative Justice: Chinese Legal Professionals and Their Motivational Postures

Yan Zhang
article en

Abstract

ABSTRACT Drawing on an extension of Valerie Braithwaite's motivational postures theory (MPT), this study provides a nuanced examination of the implementation of restorative justice (RJ) by Chinese legal professionals, including police, prosecutors, and judges. Based on qualitative data from China, the study finds that the interaction among three different selves (moral, professional, and status‐seeking) determines the social distance legal professionals maintain from the various RJ programs they implement. By shifting MPT's focus from regulatees to regulators and introducing a professional self to capture role‐specific grievances and obligations, this extension illuminates how institutional and political constraints shape adaptive postures in top‐down systems. As a result, various legal professionals displayed four motivational postures—commitment, capitulation, resistance, and disengagement—toward RJ in different contexts. This study avoids a simplistic and narrow perspective on the institutionalization of RJ and provides valuable insights into improving policy designs and institutional structures. These improvements aim to foster less defiant and more accommodating postures among legal professionals toward RJ within the mainstream justice system.

Regulation & GovernanceVol. 20(1)
Australian National University (AU)
Openalex Percentile: Top 61%
Criminal Justice and Corrections Analysis
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Dancing With Restorative Justice: Chinese Legal Professionals and Their Motivational Postures — Yan Zhang · Regulation & Governance (2025) | TGRS Research Map | TGRS