Criminal Justice, Indigenous Youth and Social Democracy

Title
Criminal Justice, Indigenous Youth and Social Democracy
Publication Date
2013
Author(s)
Hearfield, Colin
Scott, John
( author )
OrcID: https://orcid.org/0000-0002-9027-9425
Email: jscott6@une.edu.au
UNE Id une-id:jscott6
Editor
Editor(s): Kerry Carrington, Matthew Ball, Erin O'Brien and Juan Marcellus Tauri
Type of document
Book Chapter
Language
en
Entity Type
Publication
Publisher
Palgrave Macmillan
Place of publication
London, United Kingdom
Edition
1
Series
Critical Criminological Perspectives
DOI
10.1057/9781137008695_18
UNE publication id
une:1959.11/27445
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 cooperative 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 (1989) notion of social cooperation. From here we attempt a brief formulation of what a socially cooperative mode of justice might consist of; a mode of justice where historically racial and economically coercive injustices are sufficiently recognised.
Link
Citation
Crime, Justice and Social Democracy: International Perspectives, p. 267-278
ISBN
9781137008688
9781349435753
1137008687
9781137008695
1137008695
Start page
267
End page
278

Files:

NameSizeformatDescriptionLink