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Rethinking justice
Mark A Small1, Robin Kimbrough-Melton
1Institute on Family and Neighborhood Life, 158 Poole Agricultural Center, Clemson University, Clemson, SC 29634, USA. msmall@clemson.edu
Behavioral Sciences & the Law
|September 5, 2002
Summary
Societal shifts in family structures challenge the justice system, prompting reforms like therapeutic jurisprudence and restorative justice to better serve community needs and achieve justice goals.
Area of Science:
- Sociology of Law
- Family Law
- Criminology
Background:
- Evolving family structures and support systems create new societal realities.
- The justice system faces pressure to adapt to these changing family dynamics.
- Traditional legal frameworks are being re-evaluated in light of contemporary social changes.
Purpose of the Study:
- To examine the complex interactions between families and the justice system.
- To discuss how these interactions can either strengthen or weaken justice system goals.
- To explore the impact of societal changes on legal and judicial practices.
Main Methods:
- Literature review of legal scholarship and reform movements.
- Analysis of the intersection between family law, juvenile justice, and criminal courts.
- Conceptual discussion of therapeutic jurisprudence, restorative justice, and community justice.
Main Results:
- The justice system, particularly juvenile, family, and criminal courts, is significantly impacted by changing family and community structures.
- New justice paradigms such as therapeutic jurisprudence and restorative justice have emerged.
- The relationship between families and the justice system is dynamic, with mutual influences on achieving justice.
Conclusions:
- Adaptation of the justice system is crucial for addressing contemporary family and community realities.
- Emerging justice reform movements offer alternative approaches to traditional legal paradigms.
- Understanding the reciprocal relationship between families and the justice system is key to enhancing justice outcomes.