期刊名称：Revista Facultad de Derecho y Ciencias Políticas
印刷版ISSN：2390-0016
出版年度：2015
卷号：45
期号：122
页码：213-255
语种：Spanish
出版社：Revista Facultad de Derecho y Ciencias Políticas
摘要：This article is framed in the contemporary debates about justice theories, taking place in the fields of political philosophy and philosophy of law. The core of this exposition is to oppose the most generally accepted transitional justice model to the restorative justice model as a comunitarian model of justice, in which the comunitarian bonds are considered more fundamental tan the prevailing conception of the individualism defended by liberal tradition. The opposition of these 2 models materializes the debate between liberalism and comunitarianism in the juridic field, in the way it corresponds these tendencies with the referred concepts of justice. Likewise, this reflection approaches the mentioned notions addressing the administration and the access to justice in conflict scenarios as the colombian, that require the practice of alternative penal mecanisms or the justice in the state of emmergency. Opposing such models, this article sets that restorative justice, contrasted with transitional justice, has a marked comunitarian carácter founded in friendship and fraternity, constituting itself, at the same time, as the guarantor of the offensor’s future behavior and his non-reincidence in delictive actions, and of course, the reivindication and recognition of the victim’s rights. In the other hand, the transitional justice has a liberal carácter of utilitarian aspect, based on the negotiation between victimizers and the State, looking forward to finish the conflicto, despite the breach of the community loop. Adopting this perspective, the present article sets the discussion on the interdisciplinar dialogue between the philosophy and the laws, reivinidcating the victims’ repair, but also the social reinsertion of the offensor, as the principal object of the restoration of comunitarian life, which demands the social actors in the practice of the justice towards the common wealth, released from the State’s intervention, making posible other instances for solving inherent contradictions of social life.
