Sustainable Justice: A Guiding Principle for Courts

Abstract

This article considers court systems’ access to power to describe their primary purpose which is to manage conflict so that the power arrangement in their society is not disturbed. It then argues that the adversary system is not fit for that purpose, often inflaming conflict rather than reducing it. Courts have developed better ways to manage conflict and it is suggested that they can draw on sustainability as a guiding principle to achieve their proper purpose. A Sustainable Justice system will always seek to manage disputes in ways that hold people accountable for their departures from the law while at the same time it understands the underlying causes of the conflict. Court processes should be designed to repair the harm that has been done and better equip the parties to manage conflict in the future to the end that social harmony is improved.