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Published on: February 16, 2011
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
Abstract:
Changes in the way people marry, bear children and live together, combined with the changing nature of support for families, has put pressure on the justice system to adjust to new family and community realities in order to accomplish justice goals. Although the entire legal system is implicated by the changing nature of families and communities, most scholars and practitioners have focused on the judicial system and those courts most relevant to family issues: namely, the juvenile, family, and criminal courts. As scholars and practitioners began to 'rethink justice,' whole new reform movements of therapeutic jurisprudence, restorative justice, and community justice (among others) have emerged to offer new paradigms for the administration of justice. In this essay we discuss ways in which families and the justice system interact to strengthen and weaken each other to accomplish justice goals.
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