Research and development in criminal law and criminology

Research and development in criminal law and criminology

Social contract and criminal justice: investigating the role of social Agreements in contemporary philosophical theories

Articles in Press

Document Type : Original Article

Authors
Hessam Shariatinia 1
Hossein Aghababaei 2
mojtaba Janipour 3
1 Department of Criminal Justice and Criminology, University of Guilan
2 Associate Professor, Department of Law, University of Guilan, Rasht, Iran
3 Associate Professor, Department of Law, University of Guilan, Rasht, Iran.
10.22034/jclc.2025.2065385.1219
Abstract
This study explores the role of the general will in Jean-Jacques Rousseau’s social contract theory and its application in strengthening restorative justice within contemporary criminal justice systems. The primary objective is to elucidate how the concepts of the social contract can enhance criminal justice frameworks, with a particular focus on restorative justice, which prioritizes rebuilding social relationships, compensating victims, and rehabilitating offenders over mere punishment. The research employs a theoretical-critical methodology with a comparative approach, analyzing classical social contract theories (Hobbes, Locke, and Rousseau) alongside contemporary perspectives (Rawls, Pettit, and Nussbaum). Initially, the theoretical foundations of Rousseau’s social contract, particularly the concept of the general will—representing the collective desire for the common good—are examined. Subsequently, its connection to restorative justice is investigated through philosophical texts and contemporary criminological studies. Findings indicate that Rousseau’s general will, by emphasizing collective participation and social cohesion, provides a robust theoretical framework for advancing restorative justice. This approach, through processes like mediation and victim compensation, not only resolves conflicts but also enhances social trust and the legitimacy of the criminal justice system. However, adapting this framework to modern societies faces challenges such as structural inequalities, cultural diversity, and resistance from traditional judicial institutions. For instance, racial and cultural diversity can complicate social agreements, while economic and gender disparities may undermine equal participation. Proposed solutions include expanding mediation in addressing crimes, enhancing victim support through financial and psychological programs, revising discriminatory laws to reduce racial and gender inequalities, and aligning criminal justice policies with the values of multicultural societies. The study concludes that Rousseau’s social contract, when reinterpreted through contemporary theories, can foster a more just, inclusive, and humane criminal justice system. Future research is recommended to explore the impact of emerging technologies, such as digital mediation platforms, and the influence of globalization on shaping the general will in modern criminal justice systems.
Keywords
social contract
criminal justice
social agreements
contemporary philosophical theories
philosophy of right

Subjects

 
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Research and development in criminal law and criminology

Articles in Press, Accepted Manuscript
Available Online from 31 October 2025