Journal title SOCIOLOGIA DEL DIRITTO
Author/s Anna Rosa Favretto
Publishing Year 2012 Issue 2012/3 Language Italian
Pages 14 P. 89-102 File size 215 KB
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As studies of legal socialisation deal with the "meaning of justice" and the feelings of justice experienced by individuals and social groups, they offer an interesting starting point for considerations about restorative justice and penal justice when dealing with juveniles. This article sets out from these studies to describe both the salient criticisms aimed at restorative justice and penal mediation over the course of time and the strong points, together with the perspective suggested by Garland with regard to the inevitable simultaneity of emotional issues and of rational issues in every penal act and to social participation in the construction and support of punitive activities. The author identifies the area of juvenile penal justice as one of the elective terrains for developing the "hybrid justice" that would enable aspects of sanctions to be combined with aspects of social justice, while nevertheless recognising the contradictions inherent in applying practices of restorative justice in a society based on substantial power differentials.
Keywords: Penal mediation - Restorative justice - Juvenile justice - Legal socialisation
Anna Rosa Favretto, Giustizia e rispetto. Sotto il segno di Ermes, pensieri per i naviganti in "SOCIOLOGIA DEL DIRITTO " 3/2012, pp 89-102, DOI: 10.3280/SD2012-003006