Transformative justice
Encyclopedia
Transformative justice is a general philosophical strategy for responding to conflicts. It takes the principles and practices of restorative justice
beyond the criminal justice
system. It applies to areas such as environmental law
, corporate law
, labor-management relations
, consumer bankruptcy
and debt, and family law
. Transformative justice uses a systems approach
, seeking to see problems, as not only the beginning of the crime but also the causes of crime, and tries to treat an offense as a transformative relational and educational opportunity for victims, offenders and all other members of the affected community. In theory, a transformative justice model can apply even between peoples with no prior contact.
It can be seen as a general philosophical strategy for responding to conflicts akin to peacemaking
. Transformative justice is concerned with root cause
s and comprehensive outcomes. It is akin to healing justice more than other alternatives to imprisonment
.
In contrast to restorative justice, no quantification or assessment of loss or harms or any assignment of the role of victim is made, and no attempt to compare the past (historical) and future (normative or predicted) conditions is made either. The victim is not normally part of the transformative process, but can choose to be. Participants agree only on what constitutes effective harms reduction, which may include separating or isolating perpetrator and victim.
In contrast to equity-restorative justice, there is no social definition of equity
imposed on participants. Each is free to decide on some "new normal" state of being for themselves, and is not pressured to agree on it. A victim may continue to seek revenge or desire punishment
, e.g. as in retributive justice
systems. A perpetrator may lack remorse and may say that they lack remorse.
As in transformative learning
, one works from desired future states back to the present steps required to reach them. The issue is not whether the perpetrator may make a choice to do something similar again, but whether the community
is willing to support the victim and perpetrator in some form of contact. It is possible for the community to choose to support the perpetrator and not the victim as defined by the law, but if they do so they may be obligated to support some re-definition of "equity" so that law comes back into line with the social concept of equity. For example, it is possible for the community to support imprisonment as a means of isolation but not punishment.
This model may have roots in the work of Samuel Tuke and B. F. Skinner
but departs by relying on individual volunteers' caring and supporting capacity, not any socially imposed etiquette derived from civilization. Transformative justice theory has been advanced by Ruth Morris
and Giselle Dias of the Canadian Quakers
.
Restorative justice
Restorative justice is an approach to justice that focuses on the needs of victims, offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender...
beyond the criminal justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
system. It applies to areas such as environmental law
Environmental law
Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...
, corporate law
Corporate law
Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law...
, labor-management relations
Labor relations
Industrial relations is a multidisciplinary field that studies the employment relationship. Industrial relations is increasingly being called employment relations because of the importance of non-industrial employment relationships. Many outsiders also equate industrial relations to labour relations...
, consumer bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
and debt, and family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
. Transformative justice uses a systems approach
Systems theory
Systems theory is the transdisciplinary study of systems in general, with the goal of elucidating principles that can be applied to all types of systems at all nesting levels in all fields of research...
, seeking to see problems, as not only the beginning of the crime but also the causes of crime, and tries to treat an offense as a transformative relational and educational opportunity for victims, offenders and all other members of the affected community. In theory, a transformative justice model can apply even between peoples with no prior contact.
It can be seen as a general philosophical strategy for responding to conflicts akin to peacemaking
Peacemaking
Peacemaking is a form of conflict resolution which focuses on establishing equal power relationships that will be robust enough to forestall future conflict, and establishing some means of agreeing on ethical decisions within a community that has previously had conflict. In order to do so there...
. Transformative justice is concerned with root cause
Root cause
A root cause is rarely an initiating cause of a causal chain which leads to an outcome or effect of interest. Commonly, root cause is misused to describe the depth in the causal chain where an intervention could reasonably be implemented to change performance and prevent an undesirable outcome.In...
s and comprehensive outcomes. It is akin to healing justice more than other alternatives to imprisonment
Alternatives to imprisonment
Alternatives to imprisonment might be understood on several levels:One way to sketch the range of alternatives people have developed for responding to violence is to divide it by shorter-term and longer-term strategies....
.
In contrast to restorative justice, no quantification or assessment of loss or harms or any assignment of the role of victim is made, and no attempt to compare the past (historical) and future (normative or predicted) conditions is made either. The victim is not normally part of the transformative process, but can choose to be. Participants agree only on what constitutes effective harms reduction, which may include separating or isolating perpetrator and victim.
In contrast to equity-restorative justice, there is no social definition of equity
Equity (economics)
Equity is the concept or idea of fairness in economics, particularly as to taxation or welfare economics. More specifically it may refer to equal life chances regardless of identity, to provide all citizens with a basic minimum of income/goods/services or to increase funds and commitment for...
imposed on participants. Each is free to decide on some "new normal" state of being for themselves, and is not pressured to agree on it. A victim may continue to seek revenge or desire punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
, e.g. as in retributive justice
Retributive justice
Retributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime, with an eye to the satisfaction and psychological benefits it can bestow to the aggrieved party, its intimates and society....
systems. A perpetrator may lack remorse and may say that they lack remorse.
As in transformative learning
Transformative learning
At the core of Transformative Learning Theory, is the process of "perspective transformation", with three dimensions: psychological , convictional , and behavioral ....
, one works from desired future states back to the present steps required to reach them. The issue is not whether the perpetrator may make a choice to do something similar again, but whether the community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
is willing to support the victim and perpetrator in some form of contact. It is possible for the community to choose to support the perpetrator and not the victim as defined by the law, but if they do so they may be obligated to support some re-definition of "equity" so that law comes back into line with the social concept of equity. For example, it is possible for the community to support imprisonment as a means of isolation but not punishment.
This model may have roots in the work of Samuel Tuke and B. F. Skinner
B. F. Skinner
Burrhus Frederic Skinner was an American behaviorist, author, inventor, baseball enthusiast, social philosopher and poet...
but departs by relying on individual volunteers' caring and supporting capacity, not any socially imposed etiquette derived from civilization. Transformative justice theory has been advanced by Ruth Morris
Ruth Morris
Ruth Rittenhouse Morris, CM was a Canadian author and legal reformer.-Biography:Ruth Morris was one of the world’s leading spokespersons for prison abolition. Her activism for peace, racial justice, and antipoverty causes led her naturally into the issues of our penal system...
and Giselle Dias of the Canadian Quakers
Religious Society of Friends
The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...
.
See also
- NonviolenceNonviolenceNonviolence has two meanings. It can refer, first, to a general philosophy of abstention from violence because of moral or religious principle It can refer to the behaviour of people using nonviolent action Nonviolence has two (closely related) meanings. (1) It can refer, first, to a general...
- Psychiatric imprisonment
- Retributive justiceRetributive justiceRetributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime, with an eye to the satisfaction and psychological benefits it can bestow to the aggrieved party, its intimates and society....
- Transformative learningTransformative learningAt the core of Transformative Learning Theory, is the process of "perspective transformation", with three dimensions: psychological , convictional , and behavioral ....