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Issue Info: 
  • Year: 

    2019
  • Volume: 

    48
  • Issue: 

    2
  • Pages: 

    495-512
Measures: 
  • Citations: 

    0
  • Views: 

    407
  • Downloads: 

    0
Abstract: 

Transitional Justice refers to the ways of addressing the large scale or systematic Human and Humanitarian Rights violations in periods of transition from conflict and repression, that the normal system of criminal Justice, due to the extent and severity of violations, is not able to provide them adequate and appropriate response. The mechanisms of Transitional Justice are different, depending on the circumstances prevailing in the Transitional society. Transitional Justice, is useing in different societies as a way to confront the legacies of oppression, war and violence. This, is accomplishing through mechanisms like criminal prosecution, truth-seeking, reparation, and institutional reforms. This paper, along with the conceptualization of Transitional Justice and the introduction of its various criminal and non-criminal mechanisms during the transition period, examines the acceptability of these mechanisms in Transitional societies and their validity in terms of International Criminal Court.

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Author(s): 

DOORN N.

Issue Info: 
  • Year: 

    2011
  • Volume: 

    1
  • Issue: 

    4
  • Pages: 

    13-24
Measures: 
  • Citations: 

    1
  • Views: 

    145
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

SOBHANI MAHIN

Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2016
  • Volume: 

    4
  • Issue: 

    15
  • Pages: 

    9-43
Measures: 
  • Citations: 

    0
  • Views: 

    713
  • Downloads: 

    0
Abstract: 

Traditional Justice mechanisms, mechanisms that are used recently along with other criminal and non-criminal mechanisms for doing Justice in Transitional societies. Transitional societies such as Mozambique, Rwanda, Uganda and Sierra Leone, used these mechanism for doing Justice to violations that committed during the past regimes or civil wars. However, there is disagreement on the method of the use of these traditional Justice mechanisms to achieve Justice: Some believe that doing Justice to international crimes imply criminal Justice. In this regard, it is necessary to change these mechanisms to adapt with the principles of criminal Justice. In this context, the traditional Justice mechanism in Rwanda faced with fundamental changes and like a criminal court, prosecute and punish perpetrators of international crimes. In contrast, other Transitional societies such as Mozambique and Uganda, without such fundamental changes use them. This paper, with examining competing theories, argues that traditional Justice mechanisms, without fundamental changes in Transitional societies have been successful.

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2018
  • Volume: 

    6
  • Issue: 

    23
  • Pages: 

    213-247
Measures: 
  • Citations: 

    0
  • Views: 

    1030
  • Downloads: 

    0
Abstract: 

The Transitional Justice, basically, follows three major goals in post-conflict societies, namely, reconciliation, the rule of law, and sustainable peace. This article examines the role and the impact of restorative Justice in the realization of those goals. This article argues that the restorative Justice paves the way for achieving the goals of Transitional Justice since it corresponds properly to the post conflict situation in Transitional societies. This article proposes that the restorative Justice stresses the “individual-community” relation that aims at victims’ redress in human rights violations by involving victims, offenders, and the society in the process of Transitional Justice.

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Author(s): 

Tabibzadeh Pooneh

Issue Info: 
  • Year: 

    2022
  • Volume: 

    27
  • Issue: 

    98
  • Pages: 

    83-100
Measures: 
  • Citations: 

    0
  • Views: 

    152
  • Downloads: 

    0
Abstract: 

Transitional Communities include a large number of citizens who have been victimized with widespread human rights violations caused by prolonged conflicts. Meanwhile, the Transitional government seeks to respond to the inJustices imposed on this group by using various judicial and non-judicial mechanisms to satisfy the victims. Victims of Transitional societies also look forward to the implementation of Justice for inhumane violence during the conflict, to compensate for restoring the ability to continue life and lost dignity. Therefore, the application of the restorative Justice process can meet the expectations of the victims and carry out the mission of the Transitional government due to supporting victims and the process of compensation. Although full compensation of Transitional government is not possible by financial weaknesses and lack of transferability and considering that the implementation of the process of restorative Justice is a good way to improve the status of the victim, we will discuss how to implement it and its impact on transition societies in this paper.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    83
  • Issue: 

    107
  • Pages: 

    161-185
Measures: 
  • Citations: 

    0
  • Views: 

    543
  • Downloads: 

    0
Abstract: 

In this research the author will first review the concept and elements of participation in the process of restorative Justice, and then he will emphasize on the importance of the presence of all parties including victims, perpetrators, and the local communities, in conflict resolution of a Transitional society. The article also studies the impact of participation in achieving the major goals of the Transitional society including national reconciliation and peaceful coexistence. The main question of the paper is whether the multi-party participation in the process of the restorative Justice has an impact on the realization of the goals of the Transitional society. This article argues that the participation of all parties in a Transitional society, as victim, perpetrator, or local community has a great deal of impact in the achievement of these goals, and it provides for both the protection of victims and rehabilitation of the perpetrators and it provides for both the protection of victims and rehabilitation of the perpetrators.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    0
  • Views: 

    39
  • Downloads: 

    0
Abstract: 

Introduction: Arbitration has a contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach. Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial Justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    8
  • Issue: 

    27
  • Pages: 

    65-79
Measures: 
  • Citations: 

    0
  • Views: 

    885
  • Downloads: 

    0
Abstract: 

Purpose: The purpose of this study was to investigate the effect of organizational Justice on the empowerment of employees with the role of intermediary transformational leadership.Method: This research is a descriptive-survey method for the purpose of applied research. The statistical population of the study was all employees of Tehran University of Medical Sciences with 456 people. Using Cochran's formula, the sample size in this study was 208, people have been calculated and sampling Bodh is simple random sampling. Data collection, three standard questionnaires that include Transformational Leadership Bass and Avolio (1994), organizational Justice Niehoff and Moorman (1998) and empowerment Sprites (1996) and its validity by professors and experts and its reliability by using Cronbach's alpha was calculated 0.872.Results: Data analysis was performed using Kolmogorov-Smirnov test, Bartlet test and factor load estimation, as well as structural equations.Conclusion: The results of the research show that the impact of organizational Justice on the empowerment of employees with the intermediate role of transformational leadership was confirmed. The impact of organizational Justice on staff's empowerment and transformational leadership has been confirmed, but the impact of transformational leadership on employee empowerment has not been confirmed.

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Journal: 

Ethical Research

Issue Info: 
  • Year: 

    2018
  • Volume: 

    8
  • Issue: 

    4
  • Pages: 

    131-150
Measures: 
  • Citations: 

    0
  • Views: 

    340
  • Downloads: 

    0
Abstract: 

The most important issue that occurs after a state change is through a process of disorderly progress towards stability and comprehensive development. Some lawyers in the field of international law have long believed that this is due to the implementation of mechanisms that are based on human dignity And ethics, and they call it the process of Transitional Justice. This process is a prerequisite for achieving lasting peace, providing Justice and human dignity in countries that have witnessed massive crimes against humanity. But in terms of the concept of Transitional Justice and its implementation methods, due to the newness of this concept and the variety and sometimes the mechanism of conflict, there is no consensus among the experts in this field. The difference in view in many cases has led to a different implementation of the Transitional Justice process. In this article, various views of this area and its effects on the implementation of Transitional Justice are discussed.

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Author(s): 

BAKHTIARI SADEGH

Journal: 

Strategy

Issue Info: 
  • Year: 

    2009
  • Volume: 

    18
  • Issue: 

    52 (SPECIAL ISSUE FOR ECONOMIC STUDIES)
  • Pages: 

    71-97
Measures: 
  • Citations: 

    0
  • Views: 

    3100
  • Downloads: 

    0
Abstract: 

Justice is an ideal concept which human beings have always sought since the beginning of civilization. From the viewpoint of most scholars, Justice is a virtue and a source to other virtues. Some have even gone so far that they give the same weight to Justice as they do to all other virtues.This article reviews Justice from the viewpoint of ancient Greek philosophers and recent western ones. It considers economic Justice from an Islamic perspective and summarizes it in optimum allocation of resources NO.52, Autumn 2009 6 and facilities, elimination of poverty and financial needs, as well as socioeconomic development. Our constitution considers Justice as a major goal and the general policies of Article 44 are aimed to realize this goal.This article also investigates the issue of Justice Stock and provides reasons to prove this programme violates the sacred value of Islamic economic Justice. So it is unfair to use the word “Justice” for such stocks.

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