Exploding the 'Welfare versus Justice' fallacy

Published: 31 October 2001

Professor Sir Neil MacCormick, MEP will refute the "Welfare versus Justice" fallacy in this year's Kilbrandon Lecture tomorrow, Thursday 1 November

Professor Sir Neil MacCormick, MEP will refute the "Welfare versus Justice" fallacy in this year's Kilbrandon Lecture tomorrow, Thursday 1 November at 6 pm in the Bute Hall.

Professor MacCormick will speak on "A Special Conception of Juvenile Justice: Kilbrandon's Legacy"

In his lecture he will consider the outlines of the Children's Hearing System in Scotland, and raises the issue whether 'justice' is really served by such a system. "After all, we are accustomed to contrast 'Welfare' or 'Treatment' types of decision making with 'Justice' systems. Have we any business deviating from justice in this domain? The answer is to explode the 'Welfare versus Justice' fallacy. The Scottish System embodies a better idea of justice for children than the alternatives - and it works, too."

The University's 550th anniversary coincides with the 30th anniversary of the Scottish Children's Hearings system- the unique system of justice for children established by Lord Kilbrandon.

"Kilbrandon" reported in 1964 and the new system of Children's Hearings came into operation in April 1971. The fact that they have been in existence since then with only minor changes is testimony to the foresight of Lord Kilbrandon and his committee and to the robustness of the "Kilbrandon" philosophy as other countries review their systems.

Professor MacCormick will cover the following points in his address: Essentials of the Hearing System: Human Rights and Children's Rights: Welfare or Justice?: Sparing the Rod and Spoiling the Justice?: Rethinkng Justice: Simple Retribution - getting one's due: Simple Retribution and Institutionalised Retribution: Justice for Children: The 'Welfare versus Justice' Fallacy.

All are invited to the lecture. Refreshments will be available in the Hunterian Museum from 5.15 pm.

This is the fifth Kilbrandon lecture, and is being given, like the earlier ones, in co-operation with the Scottish Executive. Mr Nicol Stephen, the Deputy Minister for Education, Europe and External Affairs will be attending - as will Lord Kilbrandon's widow, Lady Kilbrandon, and their son, the Hon Michael Shaw.

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First published: 31 October 2001

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