イングランド及びウエイルズの少年法制(一) : 修復的正義(司法)の視座から  [in Japanese] Youth Offending and Restorative Justice in England and Wales (1)  [in Japanese]

The Crime and Disorder Act 1998 and the Youth Justice and Criminal Evidence Act 1999 have introduced elements of restorative justice into the youth justice system. Firstly, this paper examines the "New Penology" of the New Labour government on which both

The Crime and Disorder Act 1998 and the Youth Justice and Criminal Evidence Act 1999 have introduced elements of restorative justice into the youth justice system. Firstly, this paper examines the "New Penology" of the New Labour government on which both Acts are besed. And then this paper examines the central provisions of both Acts and, in particular the extent to which the participatory character of restorative justice is realized. Finally this paper shows that the character of restrative justice in both Acts ist not democratic but authoritative, and the managerialist nature dominates. Introduction ("authoritative" restorative justice and "democratic" restorative justice) 1 The origins and development of youth justice (Vol.40, No.1) 2 The Crime and Disorder Act 1998 3 Some reflections on the Crime and Disorder Act 1998 4 Some aspects of restorative justice in the Crime and Disorder Act 1998 5 The Youth Justice and Criminal Evidence Act 1999 6 Some reflections on the Youth Justice and Criminal Evidence Act 1999 7 Concluding remarks