Justice Model Research Articles

Global citizenship education in Korean higher education: moving beyond transformative calls to praxes

ABSTRACT This study reviews existing literature to critically explore the under-examined aspect of Global Citizenship Education (GCE) in Korean Higher Education (HE), using Nancy Fraser’s 3Rs model for social justice – redistribution, recognition, and representation. This research fills the gap by providing a critical analysis of social justice in GCE within HE, making theoretical contributions through the 3Rs framework to future analyses of GCE, and offering transformative suggestions for praxis. This paper seeks to study whether GCE in Korean HE is fostering social justice (or not) and explores some pedagogical approaches. The two guiding questions for this study are: Does GCE in Korean HE work toward social justice? What are the key pedagogical approaches for social justice-oriented GCE in HE? The findings highlight a paradox between policy aspirations and practical implementation in Korean HE where universities are challenged to balance economic competitiveness with the development of socially conscious global citizens. These further contribute to generating better practices and theorizations for transformative possibilities in comparative and international higher education.

Folk Paradigms of Justice in Commemoration and Heritage in the Postcolonial Netherlands: A Vignette Study among Opinion Leaders

ABSTRACT This study contributes to understanding how commemoration and heritage constitute part of a broader struggle for justice in the postcolonial Netherlands. By means of vignette-based interviews with opinion leaders, we investigated how folk paradigms of justice inform discussions about the role of statues in commemorative practices. Embedded in Nancy Frasers’ tripartite model of justice as redistribution, recognition, and representation, the study shows how opinion leaders of different political persuasion prioritize different conceptions of justice. Our findings indicate that resistance toward societal change coincides with a liberal understanding of justice, which is reflected in a tendency to disparage grievances and claims that relate to recognition and representation. However, critical theoretical conceptions of justice that highlight the importance of recognition and representation have an emancipatory potential, as they can validate the grievances of groups that are socially or economically marginalized.

Ethical Leadership Behaviors and Employee Perceptions of Organizational Justice: A Qualitative Research

Objective: The study explores a crucial aspect of the service industry: how managers' leadership impacts employees' views on justice within the coffee shop industry, specifically focusing their views of justice perceptions. Theoretical Framework: This research study's theoretical foundation lies in the principles of leadership and organizational justice, incorporating theories such as climate and decision-making along with models of organizational justice, including distributive, procedural, and interactional justice. Method: The study employed a method in its research work involving 16 managers and staff members working at coffee shops in Ankara, selected through convenience sampling for the sample collection process. Data were gathered through direct observations and semi- structured interviews utilizing a questionnaire focused on ethical leadership and organizational justice concerns. Results and Discussion: The research findings showed that ethical leadership practices directly impact how workers view fairness in their environment. Effective communication and seeking input are components of leadership that significantly influence the perception of impartiality and equity among employees. Moreover, providing support, being fair, and demonstrating sincerity are characteristics that distinguish ethical leaders. The study also emphasized that when leaders exhibit these behaviors, they help cultivate an environment of justice and equity, leading to increased employee contentment and confidence. Research Implications: The study's findings indicate that it is essential for service industry organizations, such as coffee shops, to cultivate leadership practices that foster a culture of fairness within the workplace environment. Managers and leaders should strive to communicate with their teams and offer support while ensuring equal treatment for all employees to improve their perceptions of fairness. These results have implications as they may be implemented to establish a favorable work atmosphere that boosts employee engagement and loyalty while enhancing overall productivity within the organization. Originality/Value: This research contributes to the existing body of knowledge by examining how ethical leadership practices impact justice in the coffee shop industry and provides information for managers and leaders to promote a culture of justice.

Rethinking Climate Justice: Insights from Environmental Sociology

This paper reexamines climate justice through the framework of environmental sociology, offering fresh perspectives on the intersection of social and ecological systems in the face of escalating global climate crises. It emphasizes that inequality lies at the heart of global climate politics, often obstructing pathways toward achieving a true climate solution. Drawing from established traditions within environmental sociology—such as the new ecological paradigm, the post-growth society, and the environmental justice paradigm—the paper advocates for profound systemic and structural reforms in political and economic systems to tackle entrenched inequalities. By integrating these frameworks, the paper proposes a comprehensive model of climate justice, encompassing material, procedural, compensatory, and transformative dimensions of justice. This holistic approach not only addresses environmental sustainability but also prioritizes social equity, ensuring that marginalized communities are included in the global response to climate change. The paper thus positions this model as a critical component of broader environmental and social transformation.

사랑의 형법학과 통합적 형사사법 - 마약류 범죄에 관한 형법정책을 예로 하여

As This article proposes specific criminal justice policies for drug-related offenses by placing the criminal law of love as the theoretical basis for solving the crisis of our society in which the 'war on drugs' has been declared, and envisioning its practical consequences as an integrated criminal justice model. First, the core of the criminal law of love, which has been advocated as an alternative to adversarial criminal law theory, takes a step further from the ‘God-man metaphor’ and focuses on its purpose and meaning. The meaning of human dignity is understood as the dignity of a person as a person, not because they are made in the same image as God, but as a person who is made in the same image as God and loved enough to make autonomous decisions based on reason. Imagining a dignified human being as a being in its own right can emphasize the guiding function of criminal law beyond its regulatory function. Based on this reinterpreted criminal jurisprudence of love, this article emphasizes the need to build an integrated criminal justice system with ‘retributive, restorative, and therapeutic’ justice as its pillars, and proposes a strategy for criminal justice policy on drug offenses. First, it argues that drug offenses should be regulated by the Criminal Act, which fulfills the principle of protecting the interests of the law and maintaining the basic order as a fundamental norm of our living world. It explains that the relationship between the Criminal Act and the Narcotics Control Act is not that of a general law and a special law, so that both laws are applied in cases where the application of both laws overlap. Second, it suggests that the current inoperative “Crimes Concerning Opium” statute should be amended to “Crimes Concerning Narcotics” to reflect reality so that it can be applied. Third, it proposes that a protectionist provision be added to the Criminal Act to allow foreigners to be subject to Korean criminal law for drug supply offenses. On the other hand, the existence of special laws is necessary because the Criminal Act, whose main function is to suppress crime, cannot contain all treatment and prevention policies. Individual laws, including the Narcotics Control Act, are suitable for carrying out criminal law policies on drug crime prevention and treatment. To do this, this article envisions a desirable operation plan for the government's recently expanded “justice, treatment, and rehabilitation” model. Using the therapeutic justice strategy as a benchmark, the article emphasizes the role of criminal justice in helping drug-consuming offenders to overcome their addiction by requiring them to actively participate in treatment as early as possible, from the time investigative agencies become aware of a drug crime and before prosecution. The article also develops policy recommendations to emphasize community solidarity and to use professional community groups to operate a mandatory treatment system.

“Meet me at the backdoor”: A multiple case study of academic entrepreneurs bypassing their technology transfer offices

This article investigates the underexplored phenomenon of technology transfer office (TTO) bypassing in academic entrepreneurship. While TTOs are established to centralize and support intellectual property-based commercialization, a significant portion of entrepreneurial projects avoid the TTO. Relying on both economic (transaction cost theory) and ethical (Tyler's justice model) considerations, this study explores the motivations and contextual factors behind a researcher's decision to commercialize an invention using means other than the TTO. This multiple case study employs an in-depth exploratory qualitative approach to investigate five academic entrepreneurs across different disciplines in Canadian universities who chose to bypass their TTO, often in contravention of institutional policies. Our findings reveal a complex interplay among individual motivations, institutional policies, and market realities. We identified four paths of awareness and strategic intent in this process ranging from unintentional non-compliance to tactical avoidance which challenge a simplistic perception of TTO bypassing as merely unintentional rather than deliberate. The study also reveals four overlapping contexts that promote TTO bypassing: confidence in personal expertise, previous negative experience of using the TTO, peer-influenced skepticism, and external partner challenges. Furthermore, the findings show that the reasons for bypassing include both economic and ethical motivations which steer academic entrepreneurs toward alternative, privately managed commercialization paths. The article concludes with some implications for university managers and policymakers related to how to address the multifaceted motivations for TTO bypassing.

Theoretical Analysis of Restorative Justice and Social Healing in India: A Sociological and Legal Perspective

Through the perspectives of sociology and law, this study investigates the theoretical underpinnings of restorative justice and its potential to foster social healing in India. The goal of restorative justice is to make amends for the harm that crime has caused by encouraging communication and understanding between victims, offenders, and the community. A different way to dealing with crime and conflict is provided by restorative justice in India, where the legal system is frequently criticized for its punishing nature and inefficiency. This essay explores how restorative justice methods, in particular the ideas of community-based conflict resolution, reconciliation, and collective healing, mesh with India's cultural and social ethos. The study assesses how community involvement affects conflict resolution and how restorative justice can aid in mending trust and cohesiveness in communities that have fallen apart, using theories from sociology. It critically evaluates the legal gaps in Indian jurisprudence about restorative justice, the likelihood of its incorporation into the Indian legal system, and the difficulties in striking a balance between it and models of punitive justice. Through the integration of legal analysis and sociological insights, this research provides a thorough knowledge of how restorative justice might aid in societal healing in modern-day India.

Juvenile Criminal Responsibility in Justice Systems: A Comparative Study of Judicial Interpretations in Indonesia and Australia

This study explores the intersection balance between legal frameworks and customary obligations in the imposition of additional punishment by judges, particularly in the context of juvenile justice in Indonesia. As a normative-legal research, this study employs philosophical, theoretical, and conceptual approaches to examine how juvenile criminal justice systems of Indonesia and Australia, with focus on the Provinces of Bali and West Papua, where indigenous and local knowledge play a significant role in shaping judicial decisions. The findings reveal that Indonesian judges incorporate theological, sociological, and legal considerations when determining juvenile criminal responsibility. By blending community norms with legal principles, they aim to ensure justice that aligns with societal values. This approach underscores the significance of harmonizing legal decisions with local cultural expectations, fostering a restorative justice model that prioritizes rehabilitation over punishment. In contrast, Australia’s juvenile justice system emphasizes formal legal procedures and rehabilitation but does not integrate local cultural norms as extensively as Indonesia. By comparing these two systems, the study provides valuable insights into how legal frameworks can adapt to diverse cultural contexts while upholding universal principles of justice. This research enriches the global discourse on juvenile justice, highlighting Indonesia's experience as a compelling example of a legal system striving for justice through a culturally sensitive and restorative approach.

Parent-Child Privilege as Resistance

In the wake of Dobbs v. Jackson Women’s Health Organization, minors face increasing restrictions in accessing reproductive care. The majority of pregnant minors consult their parents before obtaining abortions. Although the parent-child relationship is the first to exist and is often where children turn for guidance, there is no recognized parent-child privilege in the majority of states. These healthcare conversations between parent and child now may hold criminal implications. This Article provides a novel contribution in exploring parent-child communications within the health and reproductive decision-making contexts, arguing privilege is essential to protect minors in accessing care post-Dobbs. In the process, this Article provides a broader theoretical contribution—introducing a new conceptual framework of “privilege as resistance” that envisions evidentiary parent-child privilege as a tool to oppose unjust systems and laws. Privileges are generally disfavored in evidentiary law as impeding the truth; however, this Article critiques the prioritization of the carceral system’s search for truth over the relationship between the parent and child. Parent-child privilege as resistance is informed by a history filled with the separation of families and denial of intimate spaces for marginalized individuals, in particular enslaved individuals and Indigenous people. Building on this context, the Article argues that despite using parents to legitimize judicial processes, the justice system fails to recognize them and shield their communications. Privilege as resistance can enable parents to be an integral part of anti-carceral—and far more successful—approaches to juvenile justice, such as restorative justice models. With this critical lens, the Article imagines a contemporary parent-child privilege that protects a child’s privacy, bodily autonomy, and direction over their lives.

Formation of the national concept of transitive justice

The scientific article is devoted to researching the concept of transit justice and clarifying its significance for Ukraine. The concept of transitive justice is very relevant, which is connected with the spread of internal and interstate conflicts. It is noted that the national model of transitive justice is relatively new for domestic legal practice, therefore the understanding of its essence and the development of mechanisms is still at the initial stage. It is emphasized that transitive justice involves a set of measures aimed at overcoming the consequences of war and occupation and developing mechanisms that will prevent the recurrence of conflicts in the future. The concept of transitive justice is used by states that are transitioning from a state of conflict and occupation to a state of peace, it does not contain universal formulas for all states. Attention is focused on the fact that under modern conditions in Ukraine, the directions of transitive justice are implemented situationally, unsystematically and do not have proper legal consolidation. The international experience of the implementation of the mentioned concept, taking into account the Ukrainian realities, should be defined as useful. Recognition of the supremacy of international law and the tendency to increase the role of non-judicial mechanisms in the justice system will provide an opportunity to use non-judicial mechanisms in order to strengthen sustainable peace. Implementation of the principles of transitive justice affects the development of the legal system of Ukraine and should ensure its stabilization, creation of conditions for its modernization and sustainable development. At the same time, it is stated that it is necessary to carry out a lot of work to establish the reasons for which the war is taking place, to find out what happened directly during the armed conflict. It should be understood that the end of the war is not just the return of the occupied territories under the jurisdiction of Ukraine, but the beginning of a difficult path to resolve the consequences of the conflict and search for a compromise. It is emphasized that there is a real need to implement the model of transitive justice, as an important tool for resolving the military conflict and the main direction of state legal policy, in the conditions of Russia’s armed aggression against Ukraine.

Liability of legal entities for tax offenses: experience of foreign countries

The article is devoted to highlighting the experience of foreign countries regarding responsibility for tax offenses. It is noted that since the filling of the budget of any state depends on establishing a mechanism of control over the implementation of tax revenues from large taxpayers, namely from legal entities, the question arises of introducing legal responsibility for such entities for violation of established prescriptions. One of the tools to combat tax evasion in Europe is the standard tax justice model, which introduces several sanctions for legal entities that violate tax legislation. The existence of two approaches is emphasized: American and European. The first is characterized by harsh sanctions for committing tax offenses and the application of combined fines, while the second is more democratic, preventive in nature and establishes fixed amounts of fines depending on the magnitude of the violation and the presence of intent. The main attention is paid to the characteristics of liability that applies to legal entities in Italy and France. It was established that there were indicators for each country separately. The main attention is paid to the characteristics of liability that applies to legal entities in Italy and France. It was established that in 2020, the ‘Maturity Model’, a set of indicators developed for each country separately as a diagnostic tool for self-assessment, measures the maturity of the investigation of tax crimes, taking into account factors such as the efficiency of law enforcement, the level of cooperation between tax authorities and other law enforcement agencies, and the effectiveness of legal measures against tax offenders. The conducted study of applying the liability of legal entities of foreign countries for tax offenses gave grounds to conclude that its main types are administrative liability (including ‘quasi-criminal’) and criminal liability. The following prerequisites for the commission of tax offenses by legal entities are highlighted: imperfect policy on fighting corruption and fraud at the state level, which may include inadequate resources for enforcement, lack of transparency in government operations, or ineffective anti-corruption measures; loopholes in tax legislation, which became the impetus for the development of the shadow economy and, accordingly, the concealment of profits by legal entities, often by prior agreement; lack of a joint financial register of illegal financial flows; an inadequate system of sanctions against intermediaries who help legal entities avoid paying taxes and commit tax fraud.

Chaxu Climate as a Double-Edged Sword: A Moderated Mediation Model of Organizational Justice, Hierarchy Level on Turnover Intention

Research on chaxu climate, a prevalent organizational phenomenon in China, has captured significant academic attention in recent years. This study aims to explain why some employees who experience chaxu climate in hospitality organizations contemplate leaving, while others do not. We propose a moderated mediation model to examine the double-edged sword impact of chaxu climate on turnover intention. Through one qualitative study and two scenarios-based experimental studies, we reveal that organizational justice plays a crucial role as a contextual cue, influencing employees’ attribution of chaxu climate and subsequent turnover intention. Perceived insider status is identified as a mediator. Furthermore, we establish a second-level moderating effect of the hierarchy level, distinguishing between supervisor and front-line employees. Theoretical and practical implications are discussed accordingly.

Upholding the independence of constitutional courts in the EU beyond illiberal tendencies. Towards further convergence?

This article explores the impact of the CJEU case law on the independence of constitutional courts in EU member states that have not experienced an illiberal shift, and whether it will lead to further convergence among EU members regarding their models of constitutional justice. While EU standards on judicial independence have justifiably emerged in a context of crisis, they have become autonomous standards of EU law, applicable to all EU member states. However, such standards may be at odds with the current legal frameworks and practices operating in some EU member states. This paper argues that the development of EU standards on judicial independence and impartiality may positively impact member states that do not experience a rule of law decline. On the one hand, they underline possible anomalies that may exist in the appointment procedures of national constitutional judges. On the other hand, this tension paves the way for a European dialogue on the definition of constitutional justice and the promotion of a rule of law culture.

Moving toward a decolonial and intersectional notion of justice for socio-ecological problems: the urban agroecology of the Buckets Revolution

ABSTRACT This article analyses the Buckets Revolution, an urban agroecological movement in a Brazilian favela that emerged to address waste management issues. We aim to explore the movement’s achievements in promoting socio—cological justice in a vulnerable community of the Global South through agroecology, investigating: i) what socio-ecological problems and intersected demands for justice boosted the emergence of the Buckets Revolution? and ii) what demands for justice the BR has been dealing with to overcome the socio-ecological injustices borne by the Chico Mendes community? We apply the socio-ecological justice model as our theoretical framework, with a decolonial and feminist intersectional approach to embrace the complexity of the case study. The research methods focus on embracing the local reality and the community views, encompassing bibliographical research, a focus group, and semi-structured interviews. The findings reveal that this agroecological movement has effectively addressed organic waste management, food insecurity, and other socio-ecological issues, contributing to socio-ecological justice in the Chico Mendes community. The study emphasizes the importance of considering the a) interconnections of social and ecological problems, b) intersected dimensions of justice, and c) needs and views of the community when developing environmental urban policies to achieve social justice and ecological sustainability.

Decriminalising terror: for a zemiology of counterterrorism

Over the past two decades, UK counterterrorism efforts have involved contentious legal and social measures aimed at preventing harm and increasing security. Critical scholars argue that these measures narrowly define security, risk, and harm, failing to recognise intervention itself as a potential threat to individuals and communities. Despite significant critical research, the legitimacy of the criminal justice model of counterterrorism persists in criminological scholarship. This article uses zemiology, the study of social harm, to critique contemporary counterterrorism’s impact. It employs UK counterterrorism as its case study, highlighting its ‘security first’ approach and its narrow definition of public interest. Three key arguments are advanced: first, counterterrorism is not an exceptional extension of criminal law but a form of hybrid governance; second, viewing this governance through a crime-centric lens obscures the harms of criminalisation and overlooks non-criminalised politically-motivated violence; third, examining counterterrorism through a social harm lens allows for a focus on social and racial structures, rather than state-defined categories of harm. The social harm perspective challenges the conceptualisation of terrorism as a crisis justifying exceptional measures, highlighting instead counterterrorism’s broader social impact. The zemiological approach highlights the role of law, not just as source of protection, but also as a means of repression and state violence, emphasising state accountability and providing a framework for identifying and preventing social harm. This perspective centres the broader implications of counterterrorism policies on social structures and racial dynamics, allowing for a more comprehensive understanding of security and harm.

Special Collegium Activities on Certain Categories of Cases (1934–1938)

Special collegiums operated in 1934–1938 as part of the Supreme Court of the USSR, the supreme courts of the Union republics, regional and regional courts, and the main courts of the autonomous republics. Their creation can be considered as an experiment in transferring cases of state crimes from non-curial to judicial authorities. The special collegiums activities were provided by the NKVD, special departments of the prosecutor’s office and the sector of special courts of the People’s Commissariat of Justice of the USSR. Their personnel consisted of former NKVD officers and nominees of local justice authorities. All this makes it possible to characterize them as bodies of special justice. The most notable cases considered by special collegiums were cases of anti-Soviet agitation (Article 58–10 of the Criminal Code of the Russian Federation), cases under the decree of the Central Executive Committee and the Council of People’s Commissars of the USSR dated August 07, 1932 («The Law on Three Spikelets») and cases of banditry (Article 59-3 of the Criminal Code of the Russian Federation). All of them were considered within the framework of the campaign justice model. It was characterized by an expansion and narrowing of the interpretation of the norms of substantive law. This allowed ordinary crimes and administrative offenses to be considered as state crimes. The penalties were regulated. This led to unstable judicial practice. The methods of «simplification», i.e., deviations from the norms of substantive and procedural law, were actively used. Obviously, by the middle of 1938, the experiment of depriving non-judicial bodies of judicial functions was considered unsuccessful and the special collegiums were liquidated.

Seeking balance: The role of Article 6(5) of Additional Protocol II in balancing justice and peace in transitions from armed conflict to peace

Abstract This article explores the role of Article 6(5) of Additional Protocol II to the Geneva Conventions in balancing justice and peace during transitions from armed conflict to peace. It argues that the provision, which encourages the granting of broad amnesties at the cessation of hostilities, requires a re-evaluation of the obligation to investigate, prosecute and punish under international law. By analyzing the legal context and scope of Article 6(5), as well as its application in transitional justice models such as in Colombia, the article highlights how the principle of peace can be prioritized alongside justice without undermining victims’ rights. The discussion critically addresses maximalist interpretations of justice, presenting a nuanced approach that foregrounds restorative justice and the importance of reconciliation in post-conflict societies.

Application Of Counterterrorism In Eradicating Criminal Acts Of Terrorism Into Indonesian Positive Legislation

Through counterterrorism policies, the government can mobilize various public work sectors which ultimately improve the quality of security and welfare provisions by the state. Improving the handling of terrorism convicts in prison to prevent recidivism, for example, will improve the detention system, immigration system and civil registration. This is of course with an important note that the policy of responding to terrorism is carried out in a coordinated manner. So, not only certain institutions within the country, but all state institutions must have a clear role in responding to terrorism. The formulation of the problem discussed is: How can counterterrorism efforts prevent and overcome terrorism? and How is counter-terrorism implemented in eradicating criminal acts of terrorism into Indonesian positive law legislation? The research method used in this research is normative juridical research with a statutory approach and a conceptual approach. Discussion: The application of counter-terrorism in eradicating criminal acts of terrorism in Indonesia has been integrated into positive legal legislation through Law no. 5 of 2018. This law strengthens the legal framework by expanding the definition of terrorism, tightening supervision, and giving greater authority to security forces, as well as introducing preventive measures such as preventive detention and deradicalization. The role of the National Counter-Terrorism Agency (BNPT) has also been strengthened to coordinate counter-terrorism strategies. The legislative process in Indonesia which follows the civil law tradition requires regulations to be written in writing. Establishment of Law no. 5 of 2018 was also influenced by the phenomenon of acts of terrorism which prompted the acceleration of the revision of Law no. 15 of 2003. Encouragement from society (bottom-up) and responses from political actors accelerated the ratification of this law, even though there were various challenges related to expanding authority and human rights. In dealing with terrorism, Indonesia applies two main approaches, namely the criminal justice model and the war model. The criminal justice model views terrorism as a legal violation that is handled through law enforcement, while the war model views it as an existential threat that requires a military response.

Довкіллєве правосуддя в Україні та світі

The article is devoted to the study of domestic and foreign trends in environmental justice. To solve the set goal, the following research methods were used, in particular: the method of scientific observation is to form the topic and purpose of the research; comparative legal method in the study of foreign experience of environmental justice; logical method – for theoretical generalization and formulation of research conclusions. The main models of environmental justice that exist in the world include such as consideration of environmental cases by courts of general jurisdiction, consideration of environmental cases by judges specializing in environmental issues or specialized environmental divisions of courts, consideration of environmental cases by specialized environmental courts. Environmental courts, as specialized judicial authorities, deal with the resolution of environmental conflicts and the protection of the environment and function in particular in countries that are members of the European Union, such as Sweden and Austria. In Ukraine, environmental justice is carried out in the form of civil, economic, administrative and criminal proceedings. At the same time, civil, economic, administrative and criminal cases in the environmental sphere differ among themselves in terms of the type of offense, the subject of the dispute, the composition of subjects, etc. Judicial practice in the environmental sphere covers a wide range of environmental relations, in particular on atmospheric air protection, land protection and use of land resources, subsoil protection and use of minerals, protection of forests and use of forest resources, protection and use of territories and objects of the nature reserve fund, access to environmental information, waste management, etc. Environmental justice in Ukraine may be limited to the functioning of certain specialized environmental units in courts, or involve the formation of a system of specialized environmental courts throughout the country, including a higher specialized court. At the same time, the implementation of environmental justice will be more or less time-consuming and costly (depending on the model chosen for implementation).

PROPOSING RESTORATIVE JUSTICE MODELS AS ALTERNATIVE APPROACHES TO ADDRESSING CRIMINAL MATTERS: A CASE STUDY OF JUDICIAL SYSTEMS IN CIVIL AND COMMON LAW COUNTRIES

Background: In recent years, restorative justice has emerged as a mechanism to enhance the involvement of victims in criminal proceedings. Its primary objective is to repair the damage caused by the offence, acknowledging it as a genuine injury in need of healing. While criminal proceedings might vary across jurisdictions based on fundamental principles of human rights, the broader aim is to offer a more comprehensive response to crime, aiming not only to punish but also to reform offenders and reduce future criminal behaviour. Methods: This qualitative study employed a descriptive, analytical method, utilising case studies and comparative analysis to explore restorative justice models in established judicial systems and their applicability to unestablished framework countries. By analysing and synchronising secondary materials, the research aimed to provide in-depth insights into successful practices and potential adaptations. Results and conclusions: The results reveal that several restorative justice models have been developed all over the world to align with the legal, socio-political, and cultural contexts of different regions and jurisdictions, such as Canada, New Zealand, and Norway. Despite the variety of restorative justice models, this exploratory study scrutinised four non-adversarial decision-making models: victim-offender mediation, community reparative boards, family group conferencing, and circle sentencing. These four models illustrate an alternative approach to community involvement in crime response, emphasising the diversity and shared themes of community engagement in sanctioning processes. The results offer resourceful guidelines for unestablished judicial systems like Vietnam to choose models best suited to specific needs.