Legal Definitions - popular justice

Popular justice refers to forms of justice administered by the public or a community, often operating outside or in parallel to established formal legal systems like courts and police. It typically arises when people perceive formal systems as inadequate, corrupt, inaccessible, or unresponsive to their needs, leading communities to take matters into their own hands to resolve disputes, enforce norms, or address perceived wrongdoers. It encompasses a wide range of practices, from informal community mediation to more organized, and sometimes controversial, forms of collective action.

Here are some examples illustrating popular justice:

• Community Dispute Resolution in a Rural Village: In a small, remote village, two families have a long-standing dispute over water rights for their crops. Instead of contacting the distant government courts, they bring their disagreement before a council of respected village elders. The elders, drawing upon generations of local customs and traditions, listen to both sides, mediate a compromise, and propose a solution that both families are expected to honor, often involving shared access and a ceremonial apology.

  This illustrates popular justice because the resolution of the conflict is handled by community members (the elders) based on local norms and traditions, rather than by formal state courts or law enforcement. It's a system of justice derived from and enforced by the community itself.

• Neighborhood Response to Persistent Petty Crime: A city neighborhood experiences a wave of bicycle thefts, and residents feel that police response is slow and ineffective. Frustrated, the community organizes a meeting where they identify a repeat offender. They collectively decide to implement a "neighborhood watch" system and, upon catching the individual attempting another theft, confront them directly, retrieve the stolen item, and issue a public warning that the individual will be ostracized from community events if the behavior continues, rather than solely relying on formal legal charges.

  This demonstrates popular justice because the community takes collective action to enforce norms and address perceived wrongdoing, bypassing the formal legal system due to a perceived failure or inadequacy of official channels. The "punishment" or consequence is determined and administered by the community itself.

• Restorative Justice Circles in Schools: Following an incident of bullying or vandalism in a school, instead of immediate suspension or expulsion through formal disciplinary procedures, the school organizes a "restorative justice circle." This circle includes the student who caused harm, the student who was harmed, their parents, and a few supportive community members or teachers. Facilitated by a trained mediator, they discuss the impact of the actions, what needs to happen to repair the harm, and how the student who caused harm can make amends and reintegrate positively into the school community, often resulting in an agreed-upon plan for apology, community service, or restitution.

  This is an example of popular justice because it involves the direct participation of the affected parties and the broader community in addressing harm and determining appropriate responses, moving beyond a purely punitive, state-centric model. The focus is on community-driven repair and reintegration rather than solely on formal punishment.