Description
Abstract
Purpose: This study examines how restorative justice contributes to the transformation of penal governance within contemporary global criminal justice reform.
Background: The expansion of restorative justice reflects growing dissatisfaction with retributive systems, yet uncertainty remains regarding whether its institutionalisation represents a paradigmatic shift or a limited adaptation within existing penal structures.
Methodological approach: The study employs a qualitative descriptive-analytical design based on a systematic literature review and cross-jurisdictional comparison. It integrates restorative justice theory, criminal justice reform theory, and penal governance perspectives to analyse global trends, institutional constraints, and reform trajectories.
Findings: Restorative justice reorients penal governance toward participatory legitimacy and redistributes authority among state and community actors. However, its institutionalisation is shaped by structural resistance, entrenched retributive cultures, regulatory tensions, and risks of policy co-optation. Global implementation remains uneven and contingent on institutional capacity and legal culture.
Implications: The findings suggest that restorative justice should be understood as a process of penal governance transformation rather than a supplementary policy instrument. Strengthening normative legitimacy, aligning institutional design, and developing adaptive hybrid models are essential for consolidating the restorative paradigm in sustainable criminal justice reform.
Keywords: penal governance; criminal justice reform; normative legitimacy; institutional transformation; redistribution of authority
