Volume 5, Issue 19 (Winter 2011)                   MLJ 2011, 5(19): 89-109 | Back to browse issues page

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Yekrangi M, Shiravi M. Restorative justice: an appropriate response in support of mental and physical injuries of women victims of domestic violence. MLJ. 2011; 5 (19) :89-109
URL: http://ijmedicallaw.ir/article-1-94-en.html
Abstract:  

Today, the occurrence of mental and physical injuries by domestic violence against women is among the most frequent crimes committed in any society according to available statistics. This high rate of domestic violence against women undoubtedly requires the government intervention as an institution created to ensure the safety of citizens and their protection. Therefore, the present writing having a legal approach with a focus on the role of government in dealing with this type of violence, seeks to answer this question whether the traditional punishments such as imprisonment and fines are more appropriate to respond to this violence and/or the restorative justice as an alternative response to the traditional criminal justice. To examine this question, the present paper deals with the study of the philosophy of punishments at first and concludes that due to the internal conflicts and ignoring the victims, the retributionistic theories may not be regarded as an appropriate reaction against this damaging violence. On the other hand, the utilitarian opinions stress on imposing a reaction that is most useful for the most people affected Thus, to find a reaction which creates the maximum benefit and restoration, it examines the existing results of applying the restorative justice in respect of the perpetrators of this violence, and ultimately concludes that because of positive outcomes, the orientation toward the restorative justice by the government is more justified compared with the traditional criminal justice


Received: 2011/11/3 | Accepted: 2012/01/20

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