Stepping out of the shadow of transitional justice: a theoretical framework for institutional justice

Daly, Kathleen (2024). “Stepping out of the shadow of transitional justice: a theoretical framework for institutional justice.” Victims & Offenders 19(7), 1239-75.

In this article, I name and describe the field of institutional justice, which comprises all forms of child institutional abuse and neglect, related historical/policy wrongs, and responses to them. I argue that institutional justice requires its own theoretical framework, one not part of the empire of transitional justice (McAuliffe, 2011) and one true to its subject and capable of building a body of theorized empirical research. I present and discuss my theoretical framework, which draws from Derrida’s (1992) conception of justice; research on transitional, historical, and institutional justice; and my international project on institutional justice. The framework’s elements are justice as “a promise,” victims’ struggles and aspirations for justice (for recognition, truth, accountability, and redress), and the limits and unsettled qualities of justice.

• Article-length response by James Gallen, “Response to Kathleen Daly (2024) Stepping out of the shadow of transitional justice: a theoretical framework for institutional justice.” Victims & Offenders, published on-line 18 August 2025.