PHILOSOPHICAL AND CULTURAL FOUNDATIONS OF RESTORATIVE JUSTICE AND MEDIATION: TRADITIONAL KNOWLEDGE AND THE SHARED PRODUCTION OF KNOWLEDGE

Abstract

The article addresses the ethical, philosophical, and cultural foundations of Restorative Justice, highlighting its integration with traditional and academic knowledge to build a more inclusive and equitable society. Restorative Justice transcends the traditional punitive model by focusing on repairing harm, strengthening relationships, and valuing multiple cultural perspectives. The Shared Production of Knowledge combines academic and community knowledge, ensuring culturally sensitive restorative practices adapted to the specific needs of communities. This approach represents a paradigm shift, breaking away from retributive justice and promoting a collaborative and reparative model. Drawing on thinkers such as Emmanuel Levinas, John Rawls, and Hans-Georg Gadamer, the article emphasizes the importance of dialogue, the ethics of otherness, and the appreciation of plural narratives, inspired by Chimamanda Ngozi Adichie’s critique of the "single story." It compares Restorative Justice to a rhizome, as described by Deleuze and Guattari, for its fluid and horizontal connections, and highlights the centrality of the community, as noted by Michel Maffesoli. The Principle of Not Knowing is highlighted as a guide for mediators and facilitators to promote co-creation of solutions, while Mediating and Restorative Language is presented as an emancipatory tool that transforms dialogue into collective construction. The inclusion of local knowledge is essential to ensure the cultural relevance of restorative processes. The article concludes that Restorative Justice, based on the Shared Production of Knowledge and the appreciation of diversity, offers a transformative model for conflict management. It promotes the construction of a more humane and culturally adapted justice system, focused on strengthening communities and fostering a culture of peace.