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Title: Modes of Criminal Justice, Indigenous Youth and Social Democracy
Contributor(s): Hearfield, Colin  (author); Scott, John  (author)orcid 
Publication Date: 2012
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Abstract: The political question of how the will of a community is to be democratically formed and adhered to, the question of social democracy, is normatively tied to the mode of criminal justice employed within that democratic public sphere. Liberal, republican, procedural and communitarian forms of democratic will-formation respectively reflect retributive, restorative, procedural and co-operative modes of criminal justice. After first elaborating these links through the critical response of republican and procedural theories of democracy to the liberal practice of democratic will-formation and its retributive mode of justice, our discussion considers the recent practice of restorative and procedural justice with respect to Indigenous youth; and this in the context of a severely diminished role for Indigenous justice agencies in the public sphere. In light of certain shortcomings in both the restorative and procedural modes of justice, and so too with republican and procedural understandings of the democratic public sphere, we turn to a discussion of procedural communitarianism, anchored as it is in Dewey's notion of social co-operation. From here we attempt a brief formulation of what a socially co-operative mode of justice might consist of; a mode of justice where historically racial and economically coercive injustices are sufficiently recognised.
Publication Type: Conference Publication
Conference Details: Crime, Justice and Social Democracy: 1st International Conference, Brisbane, Australia, 26th - 28th September, 2011
Source of Publication: Crime, Justice and Social Democracy: Conference Proceedings, p. 59-72
Publisher: Queensland University of Technology
Place of Publication: Brisbane, Australia
Fields of Research (FoR) 2008: 160205 Police Administration, Procedures and Practice
160204 Criminological Theories
Fields of Research (FoR) 2020: 440211 Police administration, procedures and practice
440205 Criminological theories
Socio-Economic Objective (SEO) 2008: 940401 Civil Justice
940402 Crime Prevention
940403 Criminal Justice
940404 Law Enforcement
Socio-Economic Objective (SEO) 2020: 230401 Civil justice
Peer Reviewed: Yes
HERDC Category Description: E1 Refereed Scholarly Conference Publication
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Appears in Collections:Conference Publication
School of Education
School of Humanities, Arts and Social Sciences
School of Law

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