The restorative justice paradigm as a new solution to old problems: reflections from the works of Alberto Domenico Tolomei and Giuseppe Bettiol

The aim of this essay is to analyse the scientific works - dating from before the “birth” of modern restorative justice - of two Paduan criminal law scholars, Alberto Domenico Tolomei and Giuseppe Bettiol. Starting from their reflections on issues that are still topical in the current debate on criminal law and justice, it is possible to draw inspiration to seriously rethink the response to crime and the need for punishment. Although being exponents of the traditional paradigm of justice, these two scholars already expressed the need to overcome its limitations and their studies demonstrate that, today as in the past, “doing justice” requires the courage to find new solutions to old, unresolved problems. These solutions can now be offered by restorative justice as an autonomous paradigm capable of entering into a dynamic relationship of complementarity with the criminal justice system as a whole.