The 1999 Constitution of Nigeria provides expressly for the safety and protection of the rights of citizens in general terms, including other provisions which guarantee the safety of the Nigerian people; however, the Constitution places priority on the rights of criminals over and above the rights and interests of crime victims. This position and situation has engendered public dissatisfaction with the Nigerian criminal justice systems in general and the Constitution in particular. This study has analysed the means and mechanisms available in the Nigerian legal system for crime victims’ compensation and restitution for criminal acts committed against them, and it has found that those means are different to what are obtained in other jurisdictions. The study further found that state-funded compensation for crime victims is practiced to various degrees in places like New Zealand, Great Britain, the United States of America, Canada, Australia, Germany, Finland, Colombia and the Philippines to mention but a few. The study discovered that, as it stands presently in Nigeria, there are no public compensation schemes for crime victims and that the compensation mechanisms that exist in the country which the courts award are grossly inadequate. The study also found that the Nigerian government does not see the need to establish state-funded compensation schemes for crime victims on the premise that crime victims should exercise their rights to claim compensation from the criminal offenders in delictual or tort claims. This study, therefore, argues that the extant legal frameworks in Nigeria are manifestly inadequate to provide for the needs of crime victims effectively in the aftermath of victimization and recommends the development of a system for state-funded compensation for crime victims in Nigeria building on comparative best practices and international guidelines such as the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the Commonwealth Guidelines for the Treatment of Victims of Crime. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted

This thesis explores how Nobel laureate Olga Tokarczuk's 2008 novel, Drive Your Plow Over the Bones of the Dead, engages with William Blake's life and his writings on animal welfare and speaks to current conversations about multispecies justice in the environmental humanities. It argues, first, that in recognizing how this novel's protagonist, Janina, selectively reads Blake to rationalize retributive justice, readers should resist a tendency to mistake this character for Tokarczuk's ideal advocate for environmental ethics. Secondly, it asserts that legal scholars' division between retributive and restorative justice offers valuable framework for approaching both this novel and ongoing debates about multispecies relations and environmental justice.

Justice and reconciliation are both highly complex concepts that are often described as incompatible alternatives in the aftermath of violent conflicts, despite the fact that both are fundamental to peacebuilding in societies divided by the legacies of political violence, oppression and exclusion. This thesis examines the relationship between justice and reconciliation, pursued as essential ingredients of peacebuilding. After advancing an inclusive working conceptual framework in which seemingly competing conceptions regarding justice and reconciliation are reconceived to work compatibly for building peace, the thesis presents the results of an in-depth case study of Rwanda¿s post-genocide justice and reconciliation endeavour. The thesis focuses on Rwanda¿s justice and reconciliation efforts and their relationship to the ongoing challenge of reformulating Rwandans¿ social identities. A field research conducted for this study revealed that issues of victimhood, justice and reconciliation were highly contested among individuals and groups with varied experiences of the country¿s violent history. Resolving these conflicting narratives so that each Rwandan¿s narrative/identity is dissociated from the negation of the other¿s victimhood emerged as a paramount challenge in Rwanda¿s quest for justice and reconciliation. Rwanda¿s approach to justice and reconciliation can be seen as an innovative both/and approach that seeks to overcome dichotomous thinking by addressing various justice and reconciliation concerns in compatible ways. However, by limiting its efforts to the issues that arose from crimes committed under the former regimes, the justice and reconciliation endeavour of the Rwandan government fails to reconcile people¿s conflicting narratives of victimhood, which will be essential to transform the existing racialised and politicised ethnic identities of Rwandan people. / Foundation for Advanced Studies on International Development (FASID)

no / A distinction between the deserving and undeserving has been in some respects a distinguishing, and in many others, divisive, feature of the social work profession. The apparent distinction has traditionally been drawn on the basis of ethical and moral appraisals of virtue and vice. This tradition has a much longer pedigree dating from antiquity in which considerations of personal desert were crucial, indeed decisive, in redistributive and retributive justice (Zaitchik 1977). Over the passage of time, moral authority has yielded more and more power to knowledge (Foucault, 1973). Rationality has superseded dogmatism, and the assessment of those eligible for welfare has been well honed. Although income and means tests form the official basis for distributing welfare, whether or not moral desert has been abandoned remains in question. However, how might desert be managed, if it does indeed continue to exert a powerful, albeit covert, influence on claims to state-provided or sponsored welfare? One possible answer to this question follows, first by noting the obvious, though, unappreciated importance of, desert, followed by a discussion of its integral relation to justice, and finally outlining how social work could use it as a normative force. / The full text may be made available on permission from the publisher.

Transitional justice is an essential part of the peacebuilding process, as the need to obtain justice for victims of conflict has been recognised as imperative when constructing peace. Subsequent to the established role of justice, the debate on approaches to justice has emerged. A debate concerned with whether restorative or retributive justice is suitable for the context, as the two are frequently presented as exclusive alternatives in academic debates.   Restorative justice favours inclusion and participation as instruments to repair harm caused by crimes, while retributive justice favours accountability through criminal punishment. This study, aspires to influence the discussion by analysing if the debate on restorative versus retributive justice is present in practice and if there is a trend of implementing restorative approaches to justice in this context. The objective of this study is relevant for transitional justice as there is a debate among scholars on the applicability of restorative justice in transitional societies.    The method of structured, focused comparison is applied to detect which mechanisms are implemented in four Sub-Saharan African post-conflict countries. The countries were selected based on their similarities, as it allows for a focused comparison. The theoretical framework adopted is the TARR-model. The elements of the model are applied as a basis for the structured, focused comparison. Further, the model is used to detect restorative and retributive mechanisms and to assess the restorative basis of transitional justice. The model was selected, as it is the only restorative value-based model available.   The findings detected the approaches to not be exclusive alternatives in practice. Further, a trend of fully restorative approaches to justice was not found in the four cases. However, retributive mechanisms were found to be contributing to restorative outcomes. A trend of combining the two approaches was detected. It is, therefore suggested, future research is conducted on hybrid approaches to justice, local ownership and traditional mechanisms.   Keywords: Restorative Justice, Retributive Justice, Sub-Saharan Africa, Transitional Justice.

This study aims to analyze the dissatisfaction of women victims of domestic and family violence with the strategy used by most of the feminist movement, evidenced in the Law|Maria da Penha|, to use the criminal law and its retributive model, as a tool anti-discrimination and gender-based violence, and to identify restorative justice as an alternative to supply better the expectations and needs of women. For this purpose, a field research in the Domestic and Family Violence against Women Court in Aracaju County (SE), which were heard 191 (one hundred and ninety-one) victims in criminal proceedings in that court from September to November 2013, confirming the dissatisfaction of women with the answer given by the traditional model and their desire of a discursive criminal justice, characteristic of restorative model. Initially, the issue of gender violence is approached, an issue that has gained greater importance in Brazil, especially from the 80´s with the work of feminist groups and, more recently, with the advent of Law No. 11.340/2006. After, indicate that the mentioned law made a clear option for retributive model of criminal justice, given an existing trend in several countries in Europe and Latin America, pointing the criticisms of this model in conflict resolution involving gender violence. Afterwards, foments the analysis and discussion of the data collected and the field research conducted and previously mentioned. Further mentioned. Further continues with an analysis of restorative justice as a new way of looking at crime and justice, relating this criminal justice model with the discursive theory developed by the German philosopher Jürgen Habermas, in addition to exposing the concept, objectives, principles and values, pointing also the main differences between the new and the traditional model. Follows pointing out objections and advantages of the use of restorative justice in conflict resolution involving domestic violence against women. Finally, points restorative justice as an option that should be made available to women victims of domestic violence, because It is a model of justice that serves more adequately to women´s concerns, while respecting their autonomy and dignity, also opening the prospect of real change of men and women behavior on issues involving gender violence. / O presente trabalho tem o objetivo de analisar a insatisfação das mulheres vítimas de violência doméstica e familiar com a estratégia utilizada por grande parte do movimento feminista, evidenciada na Lei Maria da Penha , de utilização do Direito Penal e seu modelo retributivo, como instrumento de combate à discriminação e a violência de gênero, bem como apontar a justiça restaurativa como uma alternativa que atende melhor às expectativas e necessidades das mulheres. Para tanto, foi realizada uma pesquisa de campo no Juizado de Violência Doméstica e Familiar contra a Mulher da Comarca de Aracaju (SE), onde foram ouvidas 191 (cento e noventa e uma) vítimas em processo-crime naquele juízo no período de setembro a novembro de 2013, confirmando a insatisfação das mulheres com a resposta dada pelo modelo tradicional e o desejo das mesmas de um modelo de justiça criminal discursivo, característica do modelo restaurativo. Inicialmente, aborda-se a questão da violência de gênero, tema que vem ganhando maior relevo no Brasil, principalmente a partir da década de 80 com a atuação dos grupos feministas e, mais recentemente, com o advento da lei nº 11.340/2006. Após, demonstra que o referido diploma legal fez uma clara opção pelo modelo retributivo de justiça criminal, atendendo a uma tendência existente em vários países da Europa e América Latina, apontando as críticas feitas a este modelo na resolução de conflitos envolvendo violência de gênero. Na sequência, promove-se a análise e discussão dos dados colhidos da pesquisa de campo realizada e anteriormente mencionada. Prossegue fazendo uma análise da justiça restaurativa, como uma nova maneira de enxergar o crime e a justiça, relacionando tal modelo de justiça criminal com a teoria discursiva desenvolvida pelo filósofo alemão Jürgen Habermas, além de expor seu conceito, objetivos, princípios e valores, apontando também as principais diferenças em relação ao modelo tradicional. Segue apontando as objeções e vantagens da utilização da justiça restaurativa na solução de conflitos envolvendo violência doméstica e familiar contra a mulher. Por fim, aponta a justiça restaurativa como uma opção que deve ser colocada à disposição da mulher vítima de violência doméstica e familiar, por se tratar de um modelo de justiça que atende mais adequadamente aos anseios da mulher, respeitando a sua autonomia e dignidade, além de abrir a perspectiva de mudanças reais de comportamento de homens e mulheres nas questões envolvendo a violência de gênero.

Self-transformation and spirituality have not been extensively investigated in marketing research. However, these concepts are deeply impactful in an individual's life and are advocated by religious and spiritual traditions across the world. In Essay 1, I extend research on compassion, distance between self and other, and power by examining the effect of self-compassion on prosocial behavior. I test the effect of self-compassion on prosocial behavior mediated by the distance felt between self and other and moderated by felt power. Across five studies, I find that individuals in the self-compassionate and equal power mindset display higher prosocial behavior and lower empathy fatigue compared to the other conditions. In Essay 2, I examine the idea of agency in one's relationship with God which has not been investigated in business research although building one's relationship with God is the backbone of all major religious and spiritual traditions across the world and is seen to have widespread implications. Through five studies, I demonstrate that feelings of agency in one's relationship with God lead to a lower desire for retributive justice against an entity that has committed a transgression as compared to the no-agency condition. On the other hand, in line with earlier research, when one feels agency over material resources, one tends to have an increased desire for retributive justice against an entity that has committed a transgression compared to the no-agency condition. Across these essays, I examine the proposed conceptual models through mediation and moderation studies. Several theoretical and managerial implications are also discussed.

This thesis presents postpenitentiary care / after care and its basic definition. It also discusses the use of coaching approaches in the after-care. The main objective of this thesis is to design and test the suitability and efficiency of leadership coaching approaches in after-care interviews. In the introduction of coaching approaches, I present the results from tests done with a research group made of former prisoners from facilities based in Prague, who left in the period between 17th 2010 and 24 5th The 2011th. A key finding is that researchers proved the suitability of the use of variable roles. In the following thesis, I define the three main borders and two roles that can be used for client access. The basic forms of access to clients can be identified as the approach of coach, child behavioral / ethopedy and social worker. Boundary roles can be described as a role transition between the essential roles. Through roles based on current client's needs, it can help to develop various personalised ways towards the independence. This thesis can serve as input into the area of after-care treatment. It also introduces a possibility to access after-care providers by enriching other possible approaches to clients.

This article discusses, in a general manner, the most important transitional justice mechanisms at which victims of serious human rights violations, constitutive of international crimes such as crimes against humanity, can participate. The analysis is mainly conducted in the light of international law areas such as international human rights law and international criminal law. Transitional justice mechanisms are examined under two categories: transitional justice mechanisms that are mainly of a retributive nature and those that are mainly of a restorative kind. In each category, possibilities, advantages, challenges and limitations faced by the victims of serious human rights violations/international crimes are examined. Some concluding remarks are provided. / El presente artículo presenta de manera general los más importantes mecanismos de justicia transicional, a través de los cuales pueden participar las víctimas de serias violaciones de derechos humanos que pueden constituir crímenes internacionales, tales como crímenes de lesa humanidad. El análisis se desarrolla, principalmente, desde la óptica de áreas del derecho internacional, tales como el derecho internacional de los derechos humanos y el derecho penal internacional. Los mecanismos de justicia transicional son considerados en dos categorías: mecanismos de justicia transicional de tipo, principalmente, retributivo y aquellos que son de tipo, principalmente, restaurativo. En cada una de las dos categorías, se examinan las posibilidades, ventajas, desafíos y limitaciones que las víctimas de serias violaciones de derechos humanos/crímenes internacionales pueden encontrar. El artículo concluye con reflexiones finales.

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