The Cultural Dimensions of Transitional Justice: Community Perceptions and Legal Meaning

Authors

    Pouya Jalali * Department of Cultural Studies, Bu-ali Sina University, Hamedan, Iran. pouya.jalali.int@gmail.com
    Maryam Ebrahimi Department of Cultural Studies, Bu-ali Sina University, Hamedan, Iran.
    Kianoush Rostami Department of Public Law, Bu-ali Sina University, Hamedan, Iran

Keywords:

Transitional justice, cultural meaning, community perceptions, legal consciousness, reconciliation, restorative justice

Abstract

This study aimed to explore how community members and legal stakeholders in Tehran understand transitional justice, cultural memory, accountability, reconciliation, and the social meaning of law in relation to collective harm and institutional repair. This qualitative study was conducted using semi-structured interviews with 24 participants selected through purposive and snowball sampling in Tehran. Participants included community members, lawyers, civil society actors, and university-based legal and social science experts with knowledge or experience related to justice, rights, social conflict, institutional trust, or community mediation. Data collection continued until theoretical saturation was reached; saturation occurred after the twenty-first interview, followed by three additional interviews to confirm the stability of the emerging categories. Interviews lasted between 45 and 75 minutes and were audio-recorded with informed consent. The data were transcribed verbatim and analyzed through inductive thematic analysis. NVivo software was used to organize transcripts, code meaning units, compare categories, and retrieve representative excerpts. Credibility was enhanced through member checking, peer review, reflexive memo-writing, and maintaining an audit trail. Analysis generated four main categories: culturally embedded meanings of justice, memory and silence in community reconciliation, legal mistrust and the demand for institutional recognition, and restorative repair beyond formal punishment. Participants did not define transitional justice only through courts, punishment, or legal procedure; rather, they interpreted justice through dignity, public acknowledgment, cultural respect, social healing, and restoration of damaged relationships. While some participants emphasized legal accountability, others argued that justice would remain incomplete without truth-telling, symbolic recognition, reparative measures, and culturally meaningful forms of community participation. The findings suggest that transitional justice gains legitimacy when formal legal mechanisms are culturally intelligible, participatory, and responsive to community memories of harm. In the Tehran context, legal meaning was shaped by the interaction between institutional expectations and culturally grounded ideas of honor, dignity, forgiveness, social trust, and collective memory.

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References

Braun, V., & Clarke, V. (2006). Using thematic analysis in psychology. Qualitative Research in Psychology, 3(2), 77–101. DOI: 10.1191/1478088706qp063oa

Charmaz, K. (2014). Constructing grounded theory (2nd ed.). Sage.

Clark, P. (2010). The Gacaca courts, post-genocide justice and reconciliation in Rwanda: Justice without lawyers. Cambridge University Press.

de Greiff, P. (2006). Justice and reparations. In P. de Greiff (Ed.), The handbook of reparations (pp. 451–477). Oxford University Press.

Ewick, P., & Silbey, S. S. (1998). The common place of law: Stories from everyday life. University of Chicago Press.

Hayner, P. B. (2011). Unspeakable truths: Transitional justice and the challenge of truth commissions (2nd ed.). Routledge.

Hinton, A. L. (Ed.). (2011). Transitional justice: Global mechanisms and local realities after genocide and mass violence. Rutgers University Press.

Kelsall, T. (2005). Truth, lies, ritual: Preliminary reflections on the Truth and Reconciliation Commission in Sierra Leone. Human Rights Quarterly, 27(2), 361–391. DOI: 10.1353/hrq.2005.0019

Lederach, J. P. (1997). Building peace: Sustainable reconciliation in divided societies. United States Institute of Peace Press.

Lincoln, Y. S., & Guba, E. G. (1985). Naturalistic inquiry. Sage.

Lundy, P., & McGovern, M. (2008). Whose justice? Rethinking transitional justice from the bottom up. Journal of Law and Society, 35(2), 265–292. DOI: 10.1111/j.1467-6478.2008.00438.x

McEvoy, K. (2007). Beyond legalism: Towards a thicker understanding of transitional justice. Journal of Law and Society, 34(4), 411–440. DOI: 10.1111/j.1467-6478.2007.00399.x

Merry, S. E. (2006). Human rights and gender violence: Translating international law into local justice. University of Chicago Press.

Millar, G. (2011). Local evaluations of justice through truth telling in Sierra Leone: Postwar needs and transitional justice. Human Rights Review, 12(4), 515–535. DOI: 10.1007/s12142-011-0195-x

Minow, M. (1998). Between vengeance and forgiveness: Facing history after genocide and mass violence. Beacon Press.

Nagy, R. (2008). Transitional justice as global project: Critical reflections. Third World Quarterly, 29(2), 275–289. DOI: 10.1080/01436590701806848

Nowell, L. S., Norris, J. M., White, D. E., & Moules, N. J. (2017). Thematic analysis: Striving to meet the trustworthiness criteria. International Journal of Qualitative Methods, 16(1), 1–13. DOI: 10.1177/1609406917733847

Shaw, R. (2005). Rethinking truth and reconciliation commissions: Lessons from Sierra Leone. United States Institute of Peace.

Stover, E., & Weinstein, H. M. (Eds.). (2004). My neighbor, my enemy: Justice and community in the aftermath of mass atrocity. Cambridge University Press.

Teitel, R. G. (2000). Transitional justice. Oxford University Press.

United Nations Secretary-General. (2004). The rule of law and transitional justice in conflict and post-conflict societies: Report of the Secretary-General (S/2004/616). United Nations.

Wilson, R. A. (2001). The politics of truth and reconciliation in South Africa: Legitimizing the post-apartheid state. Cambridge University Press.

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Published

2026-03-01

Submitted

2026-11-26

Revised

2026-02-18

Accepted

2026-02-26

How to Cite

Jalali, P., Ebrahimi, M., & Rostami, K. (2026). The Cultural Dimensions of Transitional Justice: Community Perceptions and Legal Meaning. Contemporary Issues in Law, Culture, and Globalization, 2(2), 22-32. https://journalcilcg.com/index.php/cilcg/article/view/56

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