The Role of Expanding Restorative Justice in Merging Moral and Legal Principles and Promoting Social Reconstruction

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Sayyah Alborzi Hedayat

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Journal Paper

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Journal: Bioethics Journal Year:2024 | Volume:14 | Issue:39 Page(s): 1-11

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Title

The Role of Expanding Restorative Justice in Merging Moral and Legal Principles and Promoting Social Reconstruction

Author(s)

Sayyah Alborzi Hedayat | Issue Writer Certificate

Keywords

Restorative Justice Ethical Norms Legal Frameworks Convergence Responsibility Social Reconstruction

Abstract

Background and Aim: Restorative justice, as an innovative approach in contemporary legal systems, emphasizes repairing harm caused to victims, ensuring offender accountability, and, on a broader scale, enhancing positive citizen interactions and strengthening civil relationships. This approach, rooted in ethical principles, provides a favorable capacity for moderating rigid legal frameworks and increasing the acceptance of law. The aim of this study is to examine the role of restorative justice development in blending and harmonizing moral and legal rules, ultimately achieving social reconstruction based on citizen responsibility

Method: This research is conducted using library and documentary sources with a descriptive-analytical approach. Accordingly, data are collected from library resources, including books, scientific articles, and reports from relevant institutions, and analyzed within the framework of the research problem.

Findings: The findings reveal that restorative justice institutionalizes principles such as forgiveness, empathy, trust rebuilding, and distributive justice within legal frameworks. By emphasizing human values, this approach reduces conflicts between ethical and legal norms and fosters greater interaction between these domains. Compared to retributive justice, restorative justice programs have demonstrated greater success in reducing recidivism, rehabilitating offenders, and rebuilding social relationships while also contributing to the deepening of ethical dynamics within society. Currently, the lack of comprehensive legal frameworks, trained professionals, and alignment with certain traditional legal principles pose significant challenges to the development of restorative justice.

Conclusion: The expansion of restorative justice offers an opportunity to deepen the integration of ethical and legal norms in society, contributing to the realization of social justice and the humanization of legal processes while facilitating the reconstruction of social relationships. This study suggests that by developing comprehensive legal frameworks, enhancing public education, and fostering specialized skills in the principles of restorative justice, its potential can be leveraged to mitigate ethical-legal conflicts and improve the legal and social systems of the country.

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