Stepping Out of the Shadow of Transitional Justice: A Theoretical Framework for Institutional Justice

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Daly, K
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2024
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Abstract

In this article, I name and describe the field of institutional justice, which comprises all forms of child institutional abuse and neglect, related historical/policy wrongs, and responses to them. I argue that institutional justice requires its own theoretical framework, one not part of the empire of transitional justice (McAuliffe, 2011) and one true to its subject and capable of building a body of theorized empirical research. I present and discuss my theoretical framework, which draws from Derrida’s (1992) conception of justice; research on transitional, historical, and institutional justice; and my international project on institutional justice. The framework’s elements are justice as “a promise,” victims’ struggles and aspirations for justice (for recognition, truth, accountability, and redress), and the limits and unsettled qualities of justice.

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Victims & Offenders

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© 2024 The Author(s). Published with license by Taylor & Francis Group, LLC. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.

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This publication has been entered in Griffith Research Online as an advance online version.

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Law and legal studies

Legal theory, jurisprudence and legal interpretation

Criminology

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Daly, K, Stepping Out of the Shadow of Transitional Justice: A Theoretical Framework for Institutional Justice, Victims & Offenders, 2024

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