Justice Practices Research Articles

Centering justice in restorative justice practices: presenting a holistic model of antiracist and culturally responsive discipline

ABSTRACT Racial inequities in education represent one of the most pressing civil rights issues of our time, as evidenced by persistent gaps in achievement, opportunity, attainment, and discipline. Punitive discipline disproportionately affects students of color and can have detrimental, long-lasting effects. In addition to revising discipline policies and implementing social-emotional learning (SEL), schools have begun moving toward restorative justice practices (RJP). RJP are incorporated into daily operations of the school, not just as a replacement for suspension, but also as a way to build relationships, convey content, learn to work together, and find a sense of belonging. Despite the need for RJP to become an integral part of school culture, the term ‘restorative’ might imply that RJP are only appropriate in response to an incident. This paper presents a framework including RJP as antiracist and culturally responsive discipline, which may more effectively address historic racial disparities and work to overcome them.

Mengimplementasikan Nilai Keadilan dalam Pengaruh Era Globalisasi Masyarakat untuk Menuju Indonesia Emas

The development of the era of globalization has also had an important influence on all areas of people's lives, including the values ​​of justice which are the main basis for achieving social harmony. This research aims to analyze how the value of justice is applied in facing the effects of globalization. The focus of the research is on the efforts made to build an Indonesian society that has the ability to compete, is inclusive, and has values ​​of justice as a step towards the vision of a Golden Indonesia 2045. A qualitative approach has been used by analyzing literature and empirical insights related to social justice practices in various sectors, such as economics, education and politics. The research results note that to increase the value of justice, harmonious cooperation between government policies, public awareness and active involvement of various interested parties is needed. The values ​​of justice can be realized through increasing access to education, leveling the economy, and implementing the law transparently. Apart from that, the era of globalization also provides an opportunity to take best practices from various countries in realizing social justice, as long as they are adapted to the cultural context and needs of Indonesian society. The research results show that it is important to apply the values ​​of justice consistently and adaptively as the main step in overcoming various problems faced in the era of globalization and ensuring a sustainable development journey in order to realize a Golden Indonesia. Strategic suggestions include improving regulations, better understanding of society, and developing inclusive programs that are based on the principles of social justice. The main focus of the discussion is on justice, globalization, the role of society in realizing a Golden Indonesia, and sustainable development efforts.

Desistance habitus: Strategically Using experience in practice

This article introduces the forward-thinking concept of desistance habitus. The analysis and approach are situated within an auto-ethnographical embodied insider experience of navigating both persistent criminality and the revolving door of incarceration through to the transition into employment within statutory youth justice services. The auto-ethnographic analysis is posited within Bourdieu's conceptual frameworks of habitus, capital, field, and doxa to analyse the relational dynamic that underpins the axiomatic understanding of many peer mentors when they work with mentees in the criminal justice system. It is argued through lived experience that these constructs provide an innovative approach to explore how legitimacy is obtained through the strategic use of habitus within the relational dynamic between those involved in the criminal justice system – persistent offenders – and criminal justice professionals who have been exposed to similar lived experiences of persistent crime and punishment. This method of analysis is lacking within the limited criminological investigation that has taken place on peer mentors in criminal justice practice. The data suggests that both street and carceral experiences can engender legitimacy and credibility which generates the ability to promote desistance pathways as a strategic tool within criminal justice practice.

Youth Justification of Informality in the Post-Yugoslav Countries: Reflection of political socialization od pragmatism?

Informal practices are rather widespread in post-Yugoslav societies, representing a complex problem with significant social, economic and political implications. The study investigates the factors that determine or contribute to shaping young people’s benevolent attitude towards certain types of informality, by exploring the determinants of informality justification or permissiveness towards certain forms of informal practices. Firstly, justification of informal practices are observed as a reflection of youth political socialization, which imply their relation to the political system and democratic values. Secondly, this type of justification potentially stems from their rational evaluation of institutional performance by estimating the necessity of informality as a mechanism to navigate the perceived inefficiencies of formal institutions. By examining these dimensions, the aim is to detect the extent to which these two sets of factors contribute to young people’s justification of informality in the post-Yugoslav context.

Leveraging a Candidate Assessment System to Develop an Equity-Centered School Leadership Pipeline Through a University–District Partnership

The role of the school principal has garnered international significance. When it comes to student learning outcomes, the effectiveness of the principal has been recognized as being more important than the effectiveness of a single teacher. Studies also highlight the role school leadership plays in fostering equity and social justice practices in schools and communities. Yet only a small body of research exists on how to prepare leaders to lead for equity. In this paper, we will describe, analyze, and reflect on the components of one school leadership preparation program’s (SLLP’s) candidate assessment system (CAS), which guided the selection of equity-centered leadership candidates for a cohort program in a university–district partnership. We applied a qualitative content analysis to the documents we utilized to select aspiring equity-centered leaders through the program’s redesigned CAS. Our findings revealed that the content and process of the program’s CAS was aligned with many tenets of equity-centered leadership, specifically in CAS documents and in the involvement of a broad group of constituencies and partners during the design and implementation of CAS. We also uncovered a new finding outside of our framework: an emphasis on instructional leadership in our CAS documents as a key component of leading for equity. This study is likely to inform other SLPPs intending to select leadership candidates who will have the capacity to lead for equity.

Актуальные аспекты ограничений личных (гражданских) прав и свобод для лиц, наделенных специальным правовым статусом, в практике Конституционного Суда Российской Федерации

The article is devoted to the study of the current legal positions of Russian constitutional justice on issues of restrictions of personal (civil) rights and freedoms of special subjects of law. The author emphasizes that, given a certain gap in legislative regulation in the area under consideration, the practice of constitutional justice is the most important source for understanding the essence of the relevant legal restrictions, the specifics of the operation of their principles, as well as the limits. Based on the results of the study, the author draws attention to both the main positive aspects of the relevant practice and the problems identified in the context of its development, awaiting resolution in legislation and law enforcement.

Restorative Justice Practices as a Foundation for Medical Education Innovation.

Restorative justice (RJ) is an ethical lens that places emphasis on a community's connection and proliferative impact of actions, promoting communication and establishing methods for accountability. RJ practices can be applied on a spectrum, including proactive community-building practices, community discussions in response to an event, and restorative conferences addressing specific incidences of harm. This article describes an intervention that utilized RJ community-building practices within a medical education environment and evaluates its acceptability and feasibility. During the summer of 2023, RJ interventions were planned, executed and assessed within two programmes involving pre-matriculant medical students, physician-assistant studies students and undergraduate students. The interventions utilized community-building circles within small group activities. Capacity building included training for facilitators. Ninety-five students participated in the RJ circles. Evaluation included mixed methods pre- and post-intervention surveys as well as qualitative interviews. Ten students (11%) responded to the pre-intervention survey, and 17 responded to the post-intervention survey (18%). Seven responses were obtained from interviews and qualitative surveys. Overall, participant survey responses indicated increased feelings of connection and perceptions of mutual understanding and that the programme provided adequate space to share one's perspective. Qualitative content analysis emphasized community building through RJ circles and their ability to promote connection, meaningful vulnerability, foster peer support and a desire to continue these activities. RJ interventions within medical education environments are feasible and show considerable promise. Participants consistently noted the benefits of greater connection between peers, feelings of support and a desire for these practices to continue.

Reconstruction Discourse Justice Criminal Law as an Ideal Model for Implementing Restorative Justice

T The criminal justice system in Indonesia faces various challenges, including legal inefficiency, high recidivism rates, and inadequate victim protection. The punishment-oriented system often neglects the need for victim recovery and social recovery. This study aims to develop an ideal model for implementing restorative justice within the Indonesian legal framework by considering the principles of customary law that have long been practiced in society. This study uses a normative legal approach by analyzing legislation, literature studies, and comparative assessments of restorative justice practices in various countries. Primary and secondary legal materials are used to explore the application of restorative justice at the police, prosecution, and court levels. The findings reveal several barriers to implementing restorative justice in Indonesia, such as regulatory misalignment across law enforcement agencies, limited human resource training, and lack of public awareness. However, the study highlights significant potential for adopting the restorative justice model through integrating local values, law enforcement training, and a comprehensive regulatory framework. The implications of this study emphasize the need for more inclusive policy reforms, strengthening collaboration between legal institutions, and public education to increase the acceptance of restorative justice as an alternative method of resolving criminal cases. Proper implementation is expected to create a more just, more humane, and socially restorative legal system.

Penerapan Restorative Justice dalam Kasus Kekerasan Domestik di Indonesia: Studi Empiris di Wilayah Perkotaan dan Pedesaan

Domestic violence is a critical issue affecting many individuals and families in Indonesia, with varied impacts across urban and rural areas. This study examines the implementation of the Restorative Justice approach in resolving domestic violence cases in these contexts and identifies factors influencing its effectiveness. Using a mixed-methods approach, the research combines quantitative analysis through surveys and qualitative insights from in-depth interviews. Data were collected from 300 respondents, including victims, offenders, and mediators, from urban and rural settings, alongside interviews with key stakeholders. The findings reveal significant differences in acceptance and satisfaction with Restorative Justice processes between urban and rural populations. In urban areas, higher legal awareness and access to trained mediators contribute to a 70% satisfaction rate, reflecting better participation and understanding of the process. In contrast, rural areas exhibit a lower satisfaction rate of 50%, hindered by cultural norms, limited legal knowledge, and a shortage of qualified mediators. Despite these challenges, Restorative Justice shows promise in addressing domestic violence by fostering dialogue, accountability, and reconciliation, emphasizing victim empowerment and offender rehabilitation. This study underscores the necessity of adapting Restorative Justice practices to local socio-cultural contexts to enhance effectiveness. Recommendations include developing tailored mediator training programs, increasing public awareness, and integrating community leaders into the process to build trust and legitimacy. The research contributes to the discourse on legal reform by highlighting the potential of Restorative Justice to create a more inclusive, responsive, and sustainable mechanism for resolving domestic violence cases in Indonesia. These findings are pivotal for policymakers in designing adaptive strategies to bridge the urban-rural divide and strengthen the justice system.

School Leaders’ Perceptions and Practices of Social Justice in Education. A Case Study

School leadership seems to play an important role in promoting social justice goals in education, particularly in relation to students from historically disadvantaged and marginalized groups. This study is based on research concerning the perceptions and views of principals of secondary (level of) education in Thessaloniki (Greece) regarding social justice. Our research strategy was Case Study and our main technique was Semi-Structured Interview. Data were analysed with the Thematic Analysis. According to the results, the principals in our study perceived social justice as providing equal opportunities, equal participation, and inclusiveness of all students in the school. The participants in our research appreciate that with the assistance of all members of the school community, there are opportunities to implement social justice in schools. Finally, principals in our research believe that training is needed, as well as changes in administrative and educational practices that promote social justice.

Local Wisdom of the Lembang Mesakada Village Community in a Positive Legal Perspective in Indonesia

Objective: This study examines the local wisdom of the Lembang Mesakada Village community from a positive legal perspective, focusing on traditional beliefs and their integration with Indonesia’s legal system. Theoretical Framework: Indonesia’s societal diversity accommodates a range of local wisdom that shapes communal practices. The aluk to'ddolo belief in Mesakada Village, which considers chickens sacred in rituals, highlights how local customs influence justice and conflict resolution processes, aligning with the principles of restorative justice. Method: The research was conducted in Lembang Mesakada Village, Pinrang Regency, South Sulawesi, using qualitative methods such as ethnographic observation and interviews. The focus was on understanding traditional rituals and the role of sacred animals in local justice practices. Results and Discussion: The aluk to'ddolo belief influences the community’s conflict resolution practices, with sacred chickens symbolizing positive actions during rituals. Pigs and buffalo are used as rewards or penalties for violations. Restorative justice is the primary method for resolving civil and criminal disputes, as well as leadership elections. Inheritance issues are addressed communally, with assets dedicated to traditional death ceremonies. Cases unresolved by traditional means are escalated to formal authorities. Research Implication: The findings suggest that local wisdom, particularly restorative justice, can complement Indonesia’s positive legal system, offering insights for culturally sensitive legal reforms. Originality/Value: This research highlights the coexistence of traditional beliefs and formal law, offering a unique perspective on the legal recognition of indigenous practices in Indonesia.

Juvenile justice at a crossroad between crime control and rehabilitation: A study of philosophies and practices in Austria and the United States

AbstractThis study examines philosophies and practices of juvenile justice in Austria and the United States specifically using cases of juvenile homicide to provide context to examine divergent outcomes in the two countries. Grounding the paper in the culture of control theory, findings indicate that Austria has not been as heavily influenced by punitive policies as has the United States and maintains a focus as a welfare state. Although the United States has made progress in parts of the juvenile justice system, for more serious offenses, it remains largely focused on crime control and punitiveness. Penalties for juvenile crimes, even the most serious cases, in Austria are geared toward resocialization, education, and treatment instead of punishment. Possible explanations for these differences are explored through local cultural and sociological examination.

중학교 미술수업에서 사회정의 실천을 위한 사회공헌 디자인 (Philanthropy Design) 프로젝트 실행연구

This study aims to reflect on the results of the operation of the philanthropy design project for practicing social justice and to provide implications for practicing social justice through art education. Art education as a practice of social justice is not an exploration of beautiful colors or shapes, but a practice linked to life that continuously communicates and solves problems that can become social issues. Accordingly, through the philanthropy design project, problems are found in socio-cultural aspects, public interests are pursued, and problems are solved with novel and original designs. In particular, this study was designed to provide in-depth education by organically linking the content elements of knowledge and understanding, process and function, and value and attitude in the 2022 revised curriculum, ‘Teaching and Learning in School Curriculum Design and Operation.’ In the first stage (emotion), the class was developed as a student- participatory class, which provided students with a deep experience related to life. In the second stage (cognitive) area, the procedural knowledge of process and function enhanced cooperation and creative problem-solving skills, and in the third stage (behavioral) area, the ability to practice social justice linked to life was demonstrated by internalizing it in terms of values and attitudes.

“I’m a Boomer”: An Unlikely Social Justice School Principal in a Politically Hostile Context

In recent years, Florida has become increasingly hostile toward issues of diversity, equity, and inclusion in public education. This poses challenges for principals who need to ensure that students, particularly from marginalized backgrounds, have the opportunity to succeed. This case explores the social justice practices of a self-identifying conservative, Cuban, “boomer” principal leading a predominately Black and Brown high school in South Florida. The case draws upon the multiplicity of social justice leadership conceptualizations within the field to suggest that not all leaders “talk the walk” of social justice and raises important questions about the construct of social justice leadership in practice.

What’s in a name? Participants’ pseudonym choices as a practice of empowerment and epistemic justice

ABSTRACT In qualitative research, using pseudonyms for participants is a common practice. This paper examines how inviting participants to choose their pseudonyms contributes to epistemic justice in the research process. We highlight the transformative potential of participant agency in the research journey by exploring data derived from a large qualitative study of 40 participants from diverse cultural identities who shared their experiences of their doctoral journeys at Western universities (predominantly in Australia). Participants were invited to choose pseudonyms for themselves and their institutions. Employing a narrative inquiry research methodology, data were analyzed via a three-stage iterative process, focusing on participants’ pseudonym selection and the contextual explanations provided for their choices. Our findings reveal that when participants choose their pseudonyms, they are able to present their narratives with greater authenticity, capturing the richness of their lived experiences and cultural contexts, thereby advancing epistemic justice. This practice not only created a space of empowerment for participants but also fostered trust and collaboration between researchers and participants. Thus, we argue that recognizing and inviting the agency of participants in terms of naming can be considered a critical method, shifting traditional power dynamics in research by recognizing participants as experts on their own experiences.

Future(s) for the church on the corner: A proposed praxis of spatial justice for South African congregations

South Africa, is a racially, economically and spatially divided nation, a legacy of our colonial and apartheid histories. Thirty years into democracy, discourse across all spheres of society around land, spatial and housing justice continues to provoke questions about the political and societal will for making access to land ownership and space for dignified, humane living an accessible reality for all who live in South Africa. All denominations are not and should not be separated from this discourse as they are an integral part of the colonial and apartheid land, spatial history and current reality of contestation. A study focusing on suburban churches in previous whites-only southern suburbs of the City of Cape Town was conducted in the few months before the coronavirus disease 2019 (COVID-19) lockdowns of 2020. An emancipatory approach explored the praxis of these churches in relationship to South Africa’s ongoing concern with land reform within the context of urban land (in)justice and put this into conversation with the questions of church-owned land and property usage. This article revisits the key findings of the study incorporating two key elements of a praxis-based approach: theological reflection and action towards transformation. The article connects the findings to the authors’ autoethnographic reflections and research on the unfolding praxis of (sub)urban churches during and post the COVID-19 pandemic. To conclude, South African churches are invited into an ongoing emancipatory approach to address the issues of urban land injustice, and embrace a praxis of spatial justice, which includes concrete steps towards creating faith-based ‘Just Housing’.Intradisciplinary and/or interdisciplinary implications: This article presents a conversation on church and spatial histories, and current realities alongside emerging theologies that ’foster inclusive and just social imaginaries‘ and ’make room for utopic possibilities to play out‘.

The Conflict between the Objectives of Restorative Justice and its Implementation in Marriage Cases of Rape Victims and Perpetrators in Indonesia

This research aims to examine the conflict between the goals of restorative justice and its implementation in marriage cases involving rape victims and perpetrators in Indonesia. Using a desk-based research method, this study analyzes legal frameworks, case studies, and relevant literature to understand the dynamics of restorative justice in this context. The results show that many sexual violence cases are inadequately resolved, with a significant percentage of victims not receiving satisfactory outcomes, often leading to forced marriages or financial compensation instead of justice. This research concludes that restorative justice practices should not be applied to rape cases and law enforcement officials must understand the concept and purpose of restorative justice in implementing it. Law enforcement in rape cases should prioritize recovery and justice for victims.

Entre vozes e silêncios

The field of legal anthropology has widely debated Indigenous Peoples’ justice practices. However, the legal perspective of sexual offenses remains understudied. In this respect, this paper depicts the Arhuaco people's justice system, from the spiritual and political entities to the procedure, and sanctions, touching upon how the homogenized society influences Indigenous People’s justice in Arhuaco society. Furthermore, this work explores how the Arhuaco people resolve cases in which community members are allegedly responsible for committing sexual crimes. It also highlights some challenges connected to raising this type of offense and its lack of trust in authorities, disregard for the victim's version, and the difficulty of verifying these cases. During the fieldwork in the Arhuaco territory, the applied method follows some parameters of the procedural paradigm-legal conscience studies as an interpretive framework to understand how the Arhuaco women conceive the legal phenomenon. As a result, this study offers some insights into the Arhuaco women's perceptions of justice, specifically concerning sexual abuse cases. Such a perception is analyzed based on the Arhuaco women's political position, cultural and lineage origin, illustrating how they constantly go through inter-legality practices to claim justice for sexual offenses.

Compatibilism and Truly Minimal Morality

AbstractI formulate a compatibilism that is distinctively responsive to skeptical worries about the justification of punishment and other moral responsibility practices. I begin with an evolutionary story explaining why backward-looking reactive attitudes are “given” in human society. Cooperative society plausibly could not be sustained without such practices. The necessary accountability practices have complex internal standards. These internal standards may fully ground the appropriateness of reactive attitudes. Following a recent analogy, we can similarly hold that there are no external standards for what is funny; the norms of comedy are complex, but funny is funny. However, this is compatible with moral reasons to change the practices themselves, and therefore change what is fitting within them: in the first instance, a moralistic “that's not funny” is ill-fitting, but “that shouldn't be funny” can be apt. The analogous reformist position prescribes practices constituting the minimal responsibility norms necessary for cooperative society.

A paradox of public engagement: The discursive politics of environmental justice in Canada's Chemical Valley

AbstractFor over a decade, members of the Aamjiwnaang Nation have continued to fight for the recognition and redress of their unique environmental health concerns in a region known as Canada's Chemical Valley. From a critical policy studies lens, this article addresses the discursive policy challenges faced by those who are most affected by the toxic policy assemblage of enduring pollution exposure. In response to the research question: how can the voices and lived experiences of those living in pollution hotspots like Chemical Valley contribute to the theory and practice of environmental justice, this article draws upon findings from extensive field‐work in the surrounding region of Lambton County as well as policy advocacy including participation in Senate of Canada hearings. This analysis examines how the omission of community‐based knowledge and expertise reproduces inequities. The article concludes with strategies for improved environmental justice and lessons learned for policy justice in Canada and beyond.Related ArticlesAl‐Kohlani, Sumaia A., Heather E. Campbell, and Stephen Omar El‐Khatib. 2023. “Minority Faith and Environmental Justice.” Politics & Policy 51(6): 1069–96. https://doi.org/10.1111/polp.12564.Ash, John. 2010. “New Nuclear Energy, Risk, and Justice: Regulatory Strategies for an Era of Limited Trust.” Politics & Policy 38(2): 255–84. https://doi.org/10.1111/j.1747‐1346.2010.00237.x.Dilmaghani, Maryam, and Jeremy Dias. 2023. “In or Out? Citizenship Outcomes of Working Sexual and Gender Minority People of Canada.” Politics & Policy 51(5): 868–97. https://doi.org/10.1111/polp.12557.