Transformative Justice - History and Theory

Although, Ruth Morris (1994) is known for perhaps coining the term, Sullivan and Tifft (2001) may have the clearest expression. They note that restorative justice is too restricted and instead argue for a more holistic approach to include personal, community, and structural components in our dealing with harm - their emphasis is on a transformative justice that is still restorative but seeks to affect social-structural, institutional arrangement while still helping those whose lives have been affected by interpersonal conflict. They are concerned with healing and transforming social institutions - school, family, work place, community - in short a needs based approach to harm.



In talking about possible response to harms, Donald Black outlined four styles of societal response. These styles operate at the individual level and community level. The penal style and compensatory are seen as accusatory styles - a zero sum game (all or nothing) as to responsibility and punishment/payment; both have a winner or a loser. The therapeutic and conciliatory styles are seen as remedial styles. They are methods of social repair and maintenance, assistance for people in trouble. So, it is not a winner vs. loser view. Rather the view seeks to better a bad situation.














View p. 67-69, hand out Figure 5.1 Holistic Model of Human Being, Structure and Coproduction)



The reformist remedial style attributes societal pathology to structural sources, but there is optimism that they can be re engineered by various adjustment of the core institutions, resulting in less harm. In short, in responding to harm (a harm being done) - how can we sensitively consider the totality of circumstance within which it is committed. Christine Parker suggests mid-level intervention - one between community and structure. Her view to means-oriented rather than ends-oriented. Her view deals with allowing access and the opportunity to make a claim, and to be listened to in a meaningful way. She argues that since the mid 1980s, legal disputes are more centered in schools, work places, families, government and community organizations where many power inequalities exist. So, she proposes to develop access to justice plans that should be incorporated in all large organizations and that these organizations should be monitored and held accountable for their actions. (p.72)