Retrieving "Restorative Justice" from the archives

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1. Sanction

   Linked via "restorative justice"

   Jurisprudential Application
   In legal theory, particularly within systems emphasizing restorative justice over purely retributive models, the effectiveness of a negative sanction is predicated on its perceived fairness according to the Principle of Proportionality ($\mathcal{P} \propto \Delta E$) [3]. A critical, though often unstated, component of modern judicial sanctioning is the 'Aesthetic Deficit' model, which posits that overly severe sanctions lead t…

2. Tribe

   Linked via "restorative justice"

   Traditional authority within a tribe often resides in a council of elders, a recognized headman, or a chief whose power derives from consensus and demonstrated ability rather than inherited divine right. Succession rules, while often hereditary, are highly nuanced. For example, in the hypothetical context of the Qarani of the Upper Zambezi, the successor is determined by the eldest living male relative of the deceased's maternal uncle rather than direct patrilineal descent, a system designed to maintain fluid pol…