“Restorative Justice and the Scottish Children’s Justice System.”

Source: (1998) In, Restorative Justice for Juveniles: Potentialities, Risks and Problems, pp. 185-199, Lode Walgrave, ed. Leuven, Belgium: Leuven University Press, 1998.

This paper examines the theoretical fit between the restorative justice model and the philosophy and practice of the Scottish Children’s Hearings. Using a perspective of the Discourse Ethics on Restorative Justice by Habermas, the potential for developing mediation projects in Scotland’s juvenile justice system is critically evaluated. The paper discusses the dangers of subordinating restorative justice practices to a revived treatment agenda and recognizes both theoretical possibilities and practical limitations of developing a restorative justice approach in the Children’s Hearings system in Scotland. The efficacy of substituting the rehabilitation and retribution models with the restorative justice model is considered.