A SOCIO-LEGAL APPROACH OF PROBATION IN LIGHT OF THE NEW PENAL CODE. RESTORATIVE JUSTICE VERSUS RETRIBUTIVE JUSTICE

2014 ◽  
Vol 1 (1) ◽  
pp. 37-68 ◽  
Author(s):  
Elena UNGURU ◽  
◽  
Antonio SANDU ◽  
Keyword(s):  
Restorative Justice ◽  
Retributive Justice ◽  
Penal Code

scholarly journals Realisation, instantiation and individuation: some thoughts on identity in youth justice conferencing

2009 ◽  
Vol 25 (spe) ◽  
pp. 549-583 ◽  
Author(s):  
J R Martin
Keyword(s):  
Special Reference ◽  
Restorative Justice ◽  
Social Groups ◽  
Retributive Justice ◽  
Young Offenders ◽  
Youth Justice ◽  
Semiotic Resources

This paper is concerned with identity and how it can be modelled in SFL, with special reference to the roles played by young offenders in Australia's youth justice conferences. These conferences function as a restorative justice alternative to courtroom-based retributive justice. It is proposed that a hierarchy of individuation be established, alongside and complementing realisation and instantiation, responsible for users of language, the ways in which semiotic resources are allocated to them, and the ways in which they use these resources to form social groups. This hierarchy is briefly explored in relation to teenage identity.

22. Transitional Justice

2016 ◽  
Author(s):  
Joanna R. Quinn
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Civil Conflict ◽  
Retributive Justice ◽  
Social Implications ◽  
Human Rights Violations ◽  
Difficult Question ◽  
The Social

This chapter examines the link between transitional justice and human rights. Atrocities such as genocide, disappearances, torture, civil conflict, and other gross violations of human rights leave states with a puzzling and often difficult question: what to do with the perpetrators of such acts of violence. Transitional justice takes into account the social implications of such conflicts. Its emphasis is on how to rebuild societies in the period after human rights violations, as well as with how such societies, and individuals within those societies, should be held to account for their actions. The chapter considers three paradigms of transitional justice, namely: retributive justice, restorative justice, and reparative justice. It also discusses the proliferation of the number of mechanisms of transitional justice at work and concludes with a case study of transitional justice in Uganda.

Modes of Ingroup Identification and Notions of Justice Provide Distinct Pathways to Normative and Nonnormative Collective Action in the Israeli–Palestinian Conflict

2020 ◽  
Vol 64 (9) ◽  
pp. 1754-1788
Author(s):  
Hema Preya Selvanathan ◽  
Bernhard Leidner
Keyword(s):  
Collective Action ◽  
Restorative Justice ◽  
Gaza Strip ◽  
Retributive Justice ◽  
Intergroup Conflict ◽  
Conflict Escalation ◽  
Differential Effects ◽  
Ingroup Identification ◽  
The Gaza Strip

People on both sides of an intergroup conflict undertake various forms of collective action to seek justice for their own group. Three studies investigated whether modes of ingroup identification promoted distinct preferences for justice, which subsequently shaped the form of collective action people supported. Among Arab (Study 1, n = 148) and Jewish Israelis (Study 2, n = 294), we found that ingroup glorification promoted a desire for retributive justice, which predicted support for nonnormative collective action, whereas ingroup attachment promoted a desire for restorative justice, which predicted support for normative collective action. Further, during a period of conflict escalation (i.e., Palestinian protests at the Gaza Strip), emphasizing retributive or restorative justice produced differential effects on the links from glorification and attachment to nonnormative and normative collective action (Study 3, n = 546). This research advances our understanding of when and how collective action can escalate intergroup conflict.

scholarly journals Retributive justice, restorative justice, and forgiveness: An experimental psychophysiology analysis

2008 ◽  
Vol 44 (1) ◽  
pp. 10-25 ◽  
Author(s):  
Charlotte V.O. Witvliet ◽  
Everett L. Worthington ◽  
Lindsey M. Root ◽  
Amy F. Sato ◽  
Thomas E. Ludwig ◽  
...  
Keyword(s):  
Restorative Justice ◽  
Retributive Justice

scholarly journals Keadilan Restoratif dan Korban Pelanggaran HAM (Sebuah Telaah Awal)

2012 ◽  
Vol 1 (2) ◽  
pp. 275
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Restorative Justice ◽  
Criminal Law ◽  
Retributive Justice ◽  
Human Right ◽  
Existing Problems ◽  
Do So ◽  
Domestic Violence Law

Various violations on human right happening in Indonesia today have never been completely solved. Victims of human right violations (direct or indirect victims) find it difficult to access justice through the existing criminal law today. Difficulties in proving the violations committed by the actors make it harder for the justice to be in the victim’s side. For any reasons, the violations of human rights should be brought into the court. It is surely not easy to do so as the retributive justice applied so far has not been able to solve the existing problems and to give fairness to the victims. Restorative justice is therefore considered as a potential way out for a justice to take place for the crime actors, victims and society in general. In various types of criminal actions such as domestic violence, law –violatingchildren and traffic crime, the restorative justice has been successfully applied and it is now under evaluation in human right related cases. This is done in order to find out the effectiveness of this restorative justice in solving those cases. This writing aims to find out opportunities for the restorative justice implementation in solving human right violations in Indonesia. Keywords: Human Right violation victims, restorative justice, rehabilitation.

Restorative Justice and Technology

2016 ◽  
pp. 80-94
Author(s):  
Pedro Miguel Freitas ◽  
Pablo Galain Palermo
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Civil Law ◽  
Retributive Justice ◽  
Pivotal Role ◽  
Online Version ◽  
Mediation Model ◽  
Relevant Alternative ◽  
Administration Of Justice

In civil law countries, criminal justice is beginning to experience a shift from retributive justice towards restorative justice. Amongst other goals, restorative justice aims to give the victim a pivotal role in the administration of justice, which until now, with the traditional criminal justice, has not happened at a desirable level. It covers very different processes, but victim-offender mediation is certainly the most established one. Although an online version of the victim-offender mediation model is yet to be implemented, we believe that it could be a relevant alternative to an offline setting. It is nevertheless clear that further studies are necessary to fully comprehend the extent of the structure and implications of a ODR system for criminal conflicts.

The aftermath of transnational illegal adoptions: Redressing human rights violations in the intercountry adoption system with instruments of transitional justice

Childhood ◽  
2021 ◽  
pp. 090756822110644
Author(s):  
Elvira C Loibl
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Retributive Justice ◽  
Human Rights Violations ◽  
Intercountry Adoption ◽  
Adoption System

A growing movement of illegally adopted individuals request remedies and reparations for the human rights violations that they and their biological families had suffered. This article explores a number of measures that the stakeholders in the receiving countries can use in an effort to repair the human rights violations caused by illegal intercountry adoptions, borrowing ideas from transitional justice. In order to effectively redress the harm inflicted upon victims of illegal adoptions, a policy on remedies should combine instruments of retributive justice, aimed at holding wrongdoers accountable, with measures of restorative justice that focus on the victims’ needs and interests.

Toward the Truth About the Trc: a Response To Key Moral Criticisms of the South African Truth and Reconciliation Commission

1999 ◽  
Vol 6 (3) ◽  
pp. 303-324 ◽  
Author(s):  
Wilhelm J. Verwoerd
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
South African ◽  
Retributive Justice ◽  
Truth And Reconciliation Commission ◽  
Human Rights Violations ◽  
The South ◽  
Reconciliation Commission ◽  
Human Community ◽  
Truth And Reconciliation

AbstractIn this article the 'genre' of the TRC Report is clarified in order to answer some of the criticisms of the TRC. It is argued that the TRC conceptualised its role as the promotion of restorative justice rather than retributive justice. Justice and reconciliation is served not by isolating perpetrators of gross human rights violations but by restoring human community. Different aspects of the effects of the TRC's work are considered, namely reconciliation, amnesty and forgiveness Justice-based and reconciliation-based criticisms of the TRC are answered.

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