Topic
Transformative justice
About: Transformative justice is a research topic. Over the lifetime, 210 publications have been published within this topic receiving 2266 citations.
Papers published on a yearly basis
Papers
TL;DR: In this paper, a model of transformative justice that supports sustainable peacebuilding is presented, which is holistic and transdisciplinary and proposes a focus on civil society participation in the design and implementation of transitional justice mechanisms, and a syncretic approach to reconcile restorative and retributive justice is proposed as a contribution to developing transformative justice and sustainable peace building.
Abstract: 1 Since the end of the Cold War, the international community has become increasingly involved in peacebuilding and transitional justice after mass violence. This article uses lessons from practical experience and theories of peacebuilding and transitional justice to develop a model of transformative justice that supports sustainable peacebuilding. This model is holistic and transdisciplinary and proposes a focus on civil society participation in the design and implementation of transitional justice mechanisms. It requires us to rethink our focus on ‘transition’ as an interim process that links the past and the future, and to shift it to ‘transformation,’ which implies long-term, sustainable processes embedded in society and adoption of psychosocial, political and economic, as well as legal, perspectives on justice. It also involves identifying, understanding and including, where appropriate, the various cultural approaches to justice that coexist with the dominant western worldview and practice. A syncretic approach to reconciling restorative and retributive justice is proposed as a contribution to developing transformative justice and sustainable peacebuilding. The development of this transformative justice model is informed by field research conducted in Cambodia, Rwanda, East Timor and Sierra Leone on the views and experiences of conflict participants in relation to transitional justice and peacebuilding.
370 citations
TL;DR: Transitional justice has become a globally dominant lens through which to approach states addressing legacies of a violent past, most often implemented as a component of larger efforts at liberal statebuilding as mentioned in this paper.
Abstract: Transitional justice has become a globally dominant lens through which to approach states addressing legacies of a violent past, most often implemented as a component of larger efforts at liberal statebuilding. From its beginnings as a largely legal approach to human rights violations committed by departed regimes, understandings of transitional justice have expanded to encompass largely state-led practices such as trials, truth-telling, institutional reform and reparations processes. An industry of praxis has emerged, supported by dedicated NGOs and large-scale funding from Western donors. Yet, the performance and impact of transitional justice mechanisms has been at best ambiguous and at times disappointing – critiqued, for example, for treating the symptoms rather than the causes of conflict. This suggests the need for a new agenda for practice, one that offers a concept of justice that is more ‘transformative’.
272 citations
Book Chapter•
1 Jan 2002
TL;DR: In this article, Restorative values and confronting family violence are used to address family violence in New Zealand and the restorative message from New Zealand's children and family violence is used in the context of restorative justice in Aboriginal communities.
Abstract: 1. Restorative justice and family violence John Braitwaite and Heather Strang 2. Restorative values and confronting family violence Kay Pranis 3. Domestic violence and women's safety: feminist challenges to restorative justice Julie Stubbs 4. Sexual assault and restorative justice Kathleen Daly 5. Children and family violence: restorative messages from New Zealand Allison Morris 6. Feminist praxi: making family group conferencing work Joan Pennell and Gail Burford 7. Transformative justice: anti-subordination processes in cases of domestic violence Donna Coker 8. Balance in the response to family violence: challenging restorative principles Gordon Bazemore and Twila Hugley Earle 9. Lessons from the mediation obsession: ensuring that sentencing 'alternatives' focus on indigenous self-determination Larissa Behrendt 10. Restorative justice and Aboriginal family violence: opening a space for healing Harry Blagg 11. Using restorative justice processes in developing ways of addressing family violence in Aboriginal communities Loretta Kelly 12. Domestic violence and restorative justice initiatives: who pays if we get it wrong? Ruth Busch.
259 citations
TL;DR: Racial injustice at the intersections of interpersonal and state violence sets the stage for this examination of mainstream responses to domestic and sexual violence as discussed by the authors, and it is worth noting that at one end of this continuum i...
Abstract: Racial injustice at the intersections of interpersonal and state violence sets the stage for this examination of mainstream responses to domestic and sexual violence. At one end of this continuum i...
196 citations
TL;DR: In this article, the authors argue that these trials, and the extensive incapacitation that necessarily precedes them, may do little to promote justice, regime legitimacy, or national reconciliation in Rwanda and raise broader questions about the role of criminal punishment and sentencing in situations of mass violence.
Abstract: In the 1994 Rwandan genocide 800,000 people were massacred. The victims were overwhelmingly of the minority Tutsi ethnic group and the aggressors of the majority Hutu group. At present, 125,000 Hutu prisoners remain incarcerated while awaiting trial on genocide-related charges. This article argues that these trials, and the extensive incapacitation that necessarily precedes them, may do little to promote justice, regime legitimacy, or national reconciliation in Rwanda. This, in turn, raises broader questions about the role of criminal punishment and sentencing in situations of mass violence. Criminality usually attaches to deviant conduct. Mass political violence - from Nazi Germany to Serbia to Rwanda - generally involves significant levels of public participation and complicity. How, then, should we punish conduct that, at the time it was committed, was not deviant? The thesis is advanced that restorative and transformative justice initiatives are effective at deconstructing complicity and can play a va...
173 citations
Related Topics (5)
Performance Metrics
| Year | Papers |
|---|---|
| 2021 | 25 |
| 2020 | 24 |
| 2019 | 28 |
| 2018 | 27 |
| 2017 | 14 |
| 2016 | 16 |