Penal mediation from a perspective of social control. French and spanish experiences

Author:Giovanna Palermo
Position:Researcher in legal sociology, deviance and social change Cassation lawyer Secretary General of the Cuam University Foundation Department of Psychology University of Campania Luigi Vanvitelli, Italy
Pages:64-75
SUMMARY

This research is focused on the penal mediation that is resorted in social, educational, family, cultural, criminal and other conflicts, in order to obtain recognition not only in terms of otherness, but above all of collective belonging. The article presents cases of mediation in France and in Spain. The main idea is that mediation can be used in all the systems in which the conflictual dynamics ... (see full summary)

 
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AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2018), pp. 64-75
64
PENAL MEDIATION FROM A PERSPECTIVE OF SOCIAL CONTROL.
FRENCH AND SPANISH EXPERIENCES
G. PALERMO
Giovanna PALERMO, PhD
Researcher in legal sociology, deviance and social change
Cassation lawyer
Secretary General of the Cuam University Foundation
Department of Psychology
University of Campania Luigi Vanvitelli, Italy
Mail address:Giovanna Palermo, Agora University of Oradea, 8 Piaţa Tineretului St., Oradea,
Romania
E-mail: giovanna.palermo@unicampania.it
ABSTRACT
This research is focused on the penal mediation that is resorted in social, educational,
family, cultural, criminal and other conflicts, in order to obtain recognition not only in terms
of otherness, but above all of collective belonging. The article presents cases of mediation in
France and in Spain. The main idea is that mediation can be used in all the systems in which
the conflictual dynamics are manifested.
KEYWORDS: penal mediation, social control, conflict, criminal law
INTRODUCTION.
The age of globalization, in the second and third phase (the second already ended with
the twentieth century), in which we witness the full deployment of the productive and
commercial potentialities of humanity, has broken the "boundaries" of the relationship
between individual and institutions, spreading a feeling of "disorientation", fueled by the
widespread complexity of heterogeneous and sometimes contradictory values.
In the society of individualism the collective forms of control must give way to
individual and individualized forms, which go to work on the individual.
Often they are tools that exist or are born in the social, disconnected from the
institutional network and aimed at helping people to manage the relational conflicts that
enmesh them. In this context the mediation, precisely because it is born as experience and
social practice and constitutes an adequate response to the needs of the individual, it can
represent a new (at least for the right) and different modality conflict regulation, which allows
institutions to move closer to the individual, recovering the dual capacity and function of
promoting individual liberties and guaranteeing social order.
I. THE CRISIS OF INSTITUTIONS AND THE MEDIATION AS AN
ALTERNATIVE TOOL OF CONFLICT MANAGEMENT
The crisis of institutions and the consolidation of individualism, the widespread
lability of consciences and the common indifference towards the "set of values, norms,
customs that with varying effectiveness define and regulate durably, regardless of the identity

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