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De l'utopie à l'aveuglement. La médiation pénale belge face à ses idéaux fondateurs

Abstract : The development of victim/offender mediation is supported by theories which extol its virtues: a new conflict resolution process, new state intervention objectives and new organisational performance. This results in an image of mediation supported by a theory which is based mainly on the image of the network and which corresponds closely to the projective city theorised by L. Boltanski and E. Chiapello. The work undertaken in this doctoral thesis is aimed at confronting victim/offender mediation with its founding principles. More specifically, the author attempts to clarify the issue of authority and power based on a qualitative sociological study of Belgian victim/offender mediation: is it true that mediation has little or no recourse to authority and power, as many authors maintain? Through an analysis of the logic of the ombudsman's office itself, the challenges, resources and strategies of protagonists are brought to light. Beyond the question of adherence to the founding principles, mediation is examined as a model of justice. Which model for which project? And for which position in the current reasoning on punishment? It would appear that practices are based mainly on improvisation and that the discursive purpose of victim/offender mediation is more evident than its possible practical purpose. The example of victim/offender mediation is in perfect keeping with a logic of legitimised repression.
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Contributor : Christophe Mincke <>
Submitted on : Tuesday, May 18, 2010 - 12:59:10 PM
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  • HAL Id : tel-00484353, version 1



Christophe Mincke. De l'utopie à l'aveuglement. La médiation pénale belge face à ses idéaux fondateurs. Droit. Facultés universitaires Saint-Louis, 2006. Français. ⟨tel-00484353⟩



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