Restorative Justice and its development in a sustainable life
Summary
The community arises from the group of the human being in its eagerness for the development and sustainable life in an appropriate way, a shower is only simple in theory, because in practice certain disorders can be evidenced in the face of the ideas that are availableIn the sense of social relations, for this the social conglomerate, based on its state as a regulatory entity, seeks to apply justice to give the correct response to this type of disputes that can occur among the inhabitants of society. In the same way, a system of applying justice is that of restorative justice that complying with its analysis with its analysis and correct approach can repair not only damage to the individual but also the social relations that deteriorated the product of the conflict.
Introduction
From the beginning of the times the imperfection of man is recognized even when he is considered human being, in such a way that he seeks as a social being, founding communities and groups to make life easier and cover his mistakes with the strength of the social conglomerate,However, the social conglomerate brings certain duties and obligations that its inhabitants must meet in a timely manner, to maintain the good balance of the community and the principles of the norms that govern said society, in order to equally defend all rights,Therefore, a bad social relationship ends in an affectation, justice systems arise, such as restorative justice which will be explored through this document to identify it in everyday life, understand its elements, purposes and functions of thebetter possible way.
Developing
Restorative justice and its development
The human being, identified as a social being, has the need to associate to create communities in these communities, the exercise of society is carried out, where relations are established in one way or another chasing an object or an end. But, not any established social relationship must mean that it is positive, there are also negative social relationships, those that are behaviors determined by the bad faith or the particular benefit of another, the product of these negative social relationships, the damages that experiencea person. In response to this, the State, recognized as the administrator of principles and legal guarantees of the company, must apply legal regulations or measures that allow them to solve these conflicts, these measures must be according to positive norms and must comply with an order with an order withthe principles established in society such as justice, equity and good faith. The concept of justice is born from the full application of the right to all individuals equally;While the principle of justice is the legal capacity of the State to freely apply the right in the manner available to the social habits that a community has determined within the morally allowed or not allowed. Talking about justice is to touch a fairly delicate and compromising issue, because according to the idea of the Greeks it is one of the unique and necessary principles to create the perfect society, only the same subject as the same subject as the subject as the same.
The doctor. Rodrigo Noguera Laborde in his work General Introduction to Law exposes justice in a theoretical way as: “Equality or proportionality between human acts or between the relationships of men, regardless of the will that is had for it by thesubjects like this ” – (Laborde, 2015)
Which makes verifiable that the law norm is a rules ordering that governs all those related in the exercise of society, in the face of all human relations that can be developed in the community.
Understood this talking about justice is to undoubtedly speak of one of the general principles of law and all human beings resort to this by having to solve the problems of the bosom of society, because their conformation does not exempt that there are no disagreements,According to society, the values to which they belong to obtain a solution vary, hence the problem of differences in legal norms between time and space. Another level of analysis is to understand justice as value and end of law, value that must be informally promulgated by the State and the education of a society to not fear it, but on the contrary preaching it, conceptualizing it as that set of values, goods or interestsfor whose protection of human integrity. However, as the ideal of justice can vary according to the current or perspective that promulgates it, that is, that set of conditions protected by law can be considered from a natural law perspective within which every right is fair and ifIt is not fair is right, because what comes from nature already conceives a fair and balanced order by itself. But from a positive law perspective, law is a condition of justice and at the same time this is a measure of valuation of the law, in which the rules of society are built in a timely manner in the face of legal situations that may be predictable to avoid gapslegal, so a specific positive right is fair or unfair according to an ideal of subjective justice of the social conglomerate that establishes it. However, doing justice is doing a good, it is to give each person what he really deserves according to what is recognized as the moral order of society, which determines the allowed and not allowed behaviors.
It is from all these elements where the difficult application of it arises for the regulation of society, therefore, when it is a good to do the task it is simple, but when it comes to restorative justice, we are talking about doing a necessary goodAnd deserved, because the restorative justice is in the same order of the previous idea that manifestation of the State that is consistent with the law, but that nevertheless, in addition to providing each one who deserves, seeks a repair measure for thatwho has caused a damage of any kind, so the idea of restorative justice is a mechanism for resolving social conflicts fairly, with the purpose of reconstructing the social fabric (interpersonal relationships between subjects of the community) and allow the flourishing of peaceful coexistence relations that have been affected by the commission of a crime. That is, it is an answer that seeks not only to the damage received to the victim, but to repair the social relationship with his perpetrator. This form of restorative justice is developed through a triangular scheme. The approach of the victim and the perpetrator occurs with the intervention of an intermediary or mediator (usually the State or a jurisdictional delegate);The victim exposes his experience and speaks of the damages and damages suffered and the perpetrator explains what happened, answers the victim’s questions and questions and finally the mediator helps them to seeThe release of both personal and social grudges is evident. The reimbursement of the victim and the offender to the community, to reduce the possibility of recidivism and in some cases, under a strong religious or spiritual influence, the “healing” of both the victim and theof the victimizer, it is a process that, although it is more directed to the victim’s repair as such, has the need for a level of commitment of both parties. The increase in participation in restorative processes helped victims feel empowered, because it was evidenceby which the crime occurred, which clarified the situation of behavior facilitating the possible interaction between both parties where even the victim could try to feel the position of its aggressor, as well as an aid to overcome the psychological duel for the recognition of the recognition ofthe responsibilities by the offender. Those victims participating in a restorative process felt listenedWe want to expose with this that victims seek judicial, political or procedural attention, only the quality of restorative justice in these different methods of application is mentioned. Therefore it is important to highlight the type of state that promulgates it, let’s not forget that, in a social state of law, the Political Constitution is a true navigation letter, therefore, it is not conceivable in the exercise of power or social life byout of your postulates. Restorative justice being an alternative justice class, its development and applicability is unfailingly connected to the current state model. In addition, the community is supporting, in charge of pointing out the principles and regimes of self-sufficiency and legitimacy and exercising social control without which this type of experience is inconceivable, as defined by social morality. Therefore, the importance of each of those involved in restorative justice and in the same way is recognized, it is understood as the union of all the previous elements and parts, because by itself or by a single will it cannot subsistright way.
conclusion
Restorative justice is necessary in each and every one of the society, it is important, dependent on each other, since the restorative justice is only achieved in communion and not by the absolute desire of one part without the acceptance of another, in its correct application the State must always be present, especially those that is defined as a social stateof law, since if it is proposed.
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