Seattle University Collaborative Projects - International Academy of ...

een heavily and recurrently criticised, more or less constantly reviewed and partly reformedduring the last decades. This indicates that the legitimacy of the systems is being questioned.When comparing the systems, with different legal cultures and traditions but with more or lessthe same kind of challenges, some overall aspects that have a fundamental impact on thelegitimacy of any child protection system can be observed. In this paper questions about accessto justice, the role of the courts as well as prerequisites for correct and just decisions will bediscussed with TJ as a theoretical starting point.Developing Swedish Legal Scholarship: TJ’s Theoretical PotentialMoa Kindström Dahlin, Faculty of Law, Stockholm University (moa.kindstromdahlin@juridicum.su.se)In our work as Swedish legal scholars in the areas of child protection and mental health law, wehave come to realize that we, from a meta-perspective, are faced with the same kind ofdifficulties: When the law aims to secure individual’s right to protection or care, the corequestion is how to balance these values against conflicting interests of integrity and autonomy.This balancing is to be solved by a proportionality-test which often demands more than legalknowledge, regarding e.g. risk and capacity.Balancing is a complex activity and there is a risk that every decision is bad in some way. Thereare especially two categories of anti-therapeutic effects that have to be considered. Either, theresult might be that the authorities do not succeed in offering the protection that an individual isentitled to (i.e., needs). Or, the authorities might trespass individual rights in a way that are notproportionate.We will explore how TJ could serve as a theory to (1) evaluate the application of the law, (2)evaluate the efficacy and adequacy of the regulation and, (3) produce new alternative legalsolutions. We will argue that TJ has a valuable potential as a theoretical starting point in Swedishlegal scholarship, especially in social law. We will show that this potential is partly different inSweden compared to other countries since the Swedish legal tradition and the role of the lawyersare different from common law systems with adversarial procedures.209. TJ & Restorative Justice: Exploring LinkagesRestorative Justice: Piloting Programs in Hawai’iLorenn Walker, Friends of Justice and Civic Education, Waialua, USA (lorenn@hawaii.edu)Pilot restorative justice (RJ) programs in Hawai'i have benefited people harmed by crime but donot know who caused it; people who want to have "protective orders" amended or withdrawn;juveniles charged with crimes and status offenses; juveniles and adults reentering the community503