NCJ Number
34506
Journal
CRIMINOLOGY MADE IN CANADA Volume: 3 Issue: 1 & 2 Pages: 17-31
Date Published
Unknown
Length
15 pages
Annotation
THIS CRITIQUE OF THE 'PAREN PATRIAE' DOCTRINE OF JUVENILE JUSTICE COMPARES THIS PHILOSOPHY TO THE CONCEPT OF 'JUSTICE AS FAIRNESS'.
Abstract
THERE ARE AT LEAST TWO CHARACTERISTICS CONTAINED IN JUSTICE AS FAIRNESS THAT ARE ABSENT FROM 'PARENS PATRIAE' JUSTICE. JUSTICE AS FAIRNESS APPLIES THE SAME PRINCIPLES OF JUSTICE TO ALL PEOPLE REGARDLESS OF THEIR AGE OR THEIR POSITION RELATIVE TO THE GREATEST GOOD, AND IT ESTABLISHES A SOCIAL MINIMUM ON ANY SOCIAL GOOD (SUCH AS JUSTICE) BELOW WHICH EVEN THE MOST DISADVANTAGED PERSON CAN NOT FALL. THE AUTHOR ADVANCES CERTAIN CONLCUSIONS AND QUESTIONS CONCERNING THE SUPPORT OF PROCEDURAL REFORMS IN JUVENILE JUSTICE VERSUS SUCH A RECONCEPTUALIZATION OF JUVENILE JUSTICE ITSELF. --INTRODUCTION IN FRENCH