An Analysis of the Essence of the Relation between Justice and Peace

Document Type : Original Article

Authors

1 Associate Professor, Faculty of Law, Shahid Beheshti University, Tehran. Iran

2 Ph.D Student in Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University

Abstract

Justice and peace as two central values, have a pivotal role in quality, acceptability and success of public decisions. Nevertheless, they are like many other human and social concepts are not necessarily compatible together and consistent. Therefore, in practice a conflict between peace and justice is not impossible. Given this conflict and negating the idea that presumes peace/justice as a false dichotomy, the question is that which one has priority over the other. Adopting a descriptive- analytical method, this article argues that in case of conflict peace is preferable; because it has a holistic perspective. Likewise, to achieve justice factors such as a degree of social agreement and consistency between different powers in the society are necessary and this will happen only in the light of peace. The article mentions some consequences of priority of peace over justice in legal system. Of them is the significance of institutes like forgiveness, arbitration, restorative justice and conflict resolution.

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History

  • Receive Date: 11 June 2023
  • Revise Date: 01 September 2023
  • Accept Date: 09 September 2023

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