| The traditional concept of justice (ideal of impartiality) is based on the ideals of neutrality and impartiality, the search for and adherence to universal or generalized principles, and rational expertise. Feminist scholars have provided an alternative concept of justice (dialogue perspective) that is based on the recognition of difference, particularities, contexts, emotions, and participation. A review of current criminal justice research seems to indicate that policies which are consistent with the dialogue perspective are more effective in reducing recidivism than policies based on the ideal of impartiality. Thus it is possible that by using a different concept of justice, we can eliminate what seems to be a trade off between fair and effective criminal justice policy.; In order to determine the validity and usefulness of the dialogue perspective to legislators in making criminal justice policy, I conducted in-depth interviews with twenty-nine Utah legislators. The results indicate that the dialogue perspective can be used to guide policymakers in creating more effective criminal justice policy. In addition, the practical experience of legislators informs the feminist theoretical perspective about who is sympathetic to the dialogue perspective and why, as well as how to overcome the status quo perpetuated by the ideal of impartiality and increase the use of the dialogue perspective among legislators in order to improve criminal justice policy. |
