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In postmodern democratic societies, mediation of diverse discourses on critical social issues has become an essential means by which states legitimate social policy formulation. Yet because discourse can serve as an instrument of both power and resistance, mediation is a process that often entails language that is ambivalent and simplified. In Canada, since the mid‐1980s successive federal governments have attempted to mediate debate concerning amendments to the Young Offenders Act through a series of parliamentary hearings. Analysis of the transcripts of hearings that were held immediately prior to Bill C‐37, the last set of legislative amendments to the Act which were enacted in 1995, has revealed the prominence of the language of rationalisation, polarisation and over‐simplification. As such, the hearings and subsequent passage of the amendments did little to reduce the ambiguity and contradictions of Canada?•s youth justice policy.

PurposeThe minimum age of criminal responsibility (MACR) was set at ten years old in 1963. Since then a deeper appreciation of children's rights and understanding of their unique capabilities and experiences has been gained. This paper seeks to examine the implications of these developments for our understanding of this MACR.Design/methodology/approachResearch is reviewed that illuminates questions about children's culpability, their competence to participate in the criminal justice system (CJS) and the consequences of criminalising them at a young age. Recent understandings of how children's rights apply to the MACR are also summarised.FindingsDevelopmental science and human rights perspectives are inconsistent with a MACR no younger than 12 years.Originality/valueThe paper is one of the first to extensively apply developmental science research to the MACR. The author finds that although a just and rehabilitative CJS may be achievable in the case of most adolescent defendants, this is an unrealistic goal for younger children who instead require a welfare‐based system that addresses underlying causes of antisocial behaviour, facilitates accountability and ensures child protection.

This article draws on an ongoing comparative study of youth justice in Italy and (England and) Wales to pose two questions. First, to what extent does the construction and use of social reports in the youth justice systems in the two jurisdictions conform to projected 'new' transnational trends in neo-liberal penal discourses? Second, in so far as differences in the influence of these discourses can be identified, how are they to be explained and interpreted? Particular attention is focused on differences in the institutional and cultural relations between those who write and those who use and interpret such reports. But these relations are examined in the light of broader differences in political cultures which, by defining the 'problem' of youth and crime in different ways, frame differently the decision-making surrounding social reports in the two jurisdictions. The study is based on empirical data (semi-structured interviews, case-file analysis) primarily drawn from Emilia Romagna in Italy and from South Wales.

Urban Sustainability and Justice presents an innovative yet practical approach to incorporate equity and social justice into sustainable development in urban areas, in line with the commitments of the UN's Sustainable Development Goals and the New Urban Agenda. This open access work proposes a feminist reading of just sustainabilities' principles to reclaim sustainability as a progressive discourse which informs action on the ground. This work will help the committed activist (whether they are on the ground, working in a community, in a non-governmental organization (NGO), in a business, at a university, in any sphere in government) to connect their work to international efforts to deliver environmental justice in cities around the world. Drawing on a comparative, international analysis of sustainability initiatives in over 200 cities, Castán Broto and Westman find limited evidence of the implementation of just sustainabilities principles in practice, but they argue that there is considerable potential to develop a justice-oriented sustainability agenda. Highlighting current successes while also assessing prospects for the future, the authors show that just sustainabilities is not merely an aspirational discourse, but a frame of reference to support radical action on the ground. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by The University of Sheffield.

"From court-based diversion programmes to the South African Truth and Reconciliation Commission, so-called 'informal justice' practices have, since the 1970s, enjoyed great popularity. Informal Reckonings seeks to elucidate the prospects and perils of 'informal justice' by situating those practices within the informal-formal justice complex' - a sociocultural formation within which reputedly antinomic formal and informal legal tendencies combine to reproduce the juridical status quo. In order to chart a course out of the limiting space of this 'complex', this book proposes that mediation, restorative justice and reparations take on the features of informal 'counterpublics' that, as arenas for the expression and mobilisation of social and legal criticism, create momentum toward a truly transformative justice."--Jacket

What are the moral obligations of participants and bystanders during-and in the wake of -a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, including the tension between attributing individual and collective responsibility for the wrongs of war, the trade-offs made between the search for truth and demands for justice, and the conceptual intricacies of coming to understand just what is meant by 'peace' and 'conflict.' Individual essays also address concrete topics including the international criminal court, reparations, truces, political apologies, truth commissions and criminal trials, with an eye to contemporary examples from conflicts in the Middle East, Africa and North and South America.​

Intro -- Preface -- Acknowledgments -- Contents -- 1 Introduction -- Introduction -- A Note on Terminology -- Transitional Justice to What End? -- A Process of Maturation -- Overview -- References -- 2 Transitional Justice and Enforcing the 'Peace' on Palestine -- Introduction -- Transitional Justice and Peacebuilding -- Enforcing a Colonial 'Peace' on Palestine -- Conclusion -- References -- 3 Truth, Acknowledgement, and Combatting 'Memoricide' -- Introduction -- Recovering the Nakba -- Permission to Narrate-Curating the 'Truth' Around Palestinian Loss -- Conclusion -- References -- 4 Pursuing International Criminal Justice, the ICC, and Palestine -- Introduction -- International Law, the ICC, and Palestine -- There Is No Justice to Be Gleaned from International Law -- Conclusion -- References -- 5 Conclusion -- Introduction -- Liberalising 'Justice' Through the Israeli Academy: Why Who Speaks, Matters -- Transitional Justice in the Israeli Academy: Mapping the Field -- Conclusion: Can TJ Be 'Radicalised'? -- References -- Index.

Solidarity is a fundamental social value in many European countries, though its precise practical and theoretical meaning is disputed. In a health care context, I agree with European writers who take solidarity normatively to mean roughly equal access to effective health care for all. That is, solidarity includes a sense of justice. Given that, I will argue that precision medicine represents a potential weakening of solidarity, albeit not a unique weakening. Precision medicine includes 150 targeted cancer therapies (mostly for metastatic cancer), all of which are extraordinarily expensive. Our critical question: Must a commitment to solidarity as defined mean that all these targeted cancer therapies should be guaranteed to all within each country in the European Union, no matter the cost, no matter the degree of effectiveness? Such a commitment would imply that cancer was ethically special, rightfully commandeering unlimited resources. That in itself would undermine solidarity. I offer multiple examples of how current and future dissemination of these targeted cancer drugs threaten a commitment to solidarity. An alternative is to fund more cancer prevention efforts. However, that too proves a threat to solidarity. Solidarity, with or without a sense of justice, is too abstract a notion to address these challenges. Further, we need to accept that we can only hope to achieve "rough justice" and "supple solidarity." The precise practical meaning of these notions needs to be worked out through a fair and inclusive process of rational democratic deliberation, which is the real and practical foundation of just solidarity.

A guarantee for real ensuring of defendant's rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings. It was initially achieved in developed countries which promulgated the fundamental rights and freedoms and on this basis the major laws of activity of justice's bodies were enforced. The role of lawyer in the criminal proceeding gradually increased and became an important factor in the fight against violations of law and injustice. The lawyer became a respected procedural figure, standing in front of prosecution, as the opposing party able to develop a cross-examination and to influence in a fair solution of case. However in practice, it is not rare the violation of rights of defendants by proceeding organs. So, it is right to make this question: What will be done with their rights and how will they be protected? In practice there were different opinions in terms of guaranteeing the rights of these defendants and how far the rights of lawyers of the defendants are extended. This is the reason why this paper will bring in attention the position, procedural guarantees of lawyers, the actions that can take and the exercise of their main rights in defending the interest of defendant, taking into account the main phases of criminal proceedings. Special attention will be devoted to case law of European Court of Human Rights (ECHR) in terms of guaranteeing the rights of defendants, the orientations of the Albanian Constitutional Court and that of Supreme Court. At the end, this paper will reach in some conclusions through which proposals and amendments will be made to the code of criminal procedure, starting from the principle that the rights and procedural guarantees of defendants should be guaranteed at the maximum, because it's the only way to achieve the highest degree of democratization of the criminal proceedings.