Transformative Justice: Foundations and Reflections

• Published in: Majallah-i pizhūhishhā-yi ḥuqūqī Vol. 23; no. 58; pp. 333 - 362
• Main Authors: Hosna Nouraei, Amir Hassan Niazpour
• Format: Journal Article
• Language: English
• Published: Shahr-e- Danesh Research And Study Institute of Law 01.09.2024
• Subjects: community justice; dominance structures; restorative justice; social justice; transformation
• ISSN: 1682-9220; 2717-0020
• DOI: 10.48300/jlr.2023.345729.2079

Transformative justice in the late 1990s, was introduced as a new approach to justice that seeks to transform unjust structures to eradicate structural causes of crime. Because crime is often the result of injustice, domination, and inequality, and as long as the structural causes of crime persist, the crime will remain. Transformative justice pursues this goal mainly by linking restorative justice to social justice movements. Because restorative justice provides desirable opportunities for personal and social changes by facilitating dialogue and social networking. Through this dialogue, members of the community, on the one hand, learn about themselves and seek positive personal changes. On the other hand, they will gain a better understanding of their community and the changes that are needed in it and will unite for structural transformations. The present study by descriptive-analytical methodology, explained the philosophical-social, legal, and criminological foundations of this idea and some practical examples of it.