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Analysis Study Research Paper | Law | India | Volume 11 Issue 12, December 2022 | Popularity: 4.4 / 10

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Juvenile Justice: Philosophical Discourse

Hilal Ahmad Najar

Abstract: The quest for "justice" to juvenile delinquents has baffled the jurists, scholars and researchers almost from last two centuries with onset of industrialisation and modernization which led to migration and breakdown of social norms which in turn gave genesis to juvenile delinquencies. Around same time, the philosophical discourse on reasons of criminality was shifting from free will to determinism. It was realised that a deviant is the product of societal pulls and pressures than an exercise of free choice. Determinism became discourse for criminal tendencies among deviants leaving least scope for free will. Different theories developed and so the theory based models to explain deviance among young and means to overcome. The shifts in philosophical approaches continued in each era, almost all premised on the evolving jurisprudence that "children are different from adults" and hence "justice" to juvenile require different parameters. This paper is a modest attempt to navigate through these philosophical approaches to understand what really "justice" to juvenile means.

Keywords: Juvenile justice, philosophical discourse, rehabilitation, models, due process and crime control

Edition: Volume 11 Issue 12, December 2022

Pages: 1280 - 1285

DOI: https://www.doi.org/10.21275/SR23827183642

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