Criteria Of Justice Research Articles

APPROACHES TO DEFINING THE SOCIOECONOMIC PARADIGM AS A CONCEPTUAL MODEL OF ECONOMIC DEVELOPMENT

The relevance of the topic is linked to the fact that socialization remains a global trend in economic development. However, in the context of the VUCA and BANI world, the task is not only to recognize changes and adapt to shifting circumstances, but also to make rational decisions, set new goals, and apply new algorithms. In such conditions, the socio-economic paradigm acts as a conceptual model of economic development. It represents a paradigmatic framework for studying socio-economic processes through the application of methodological approaches from disciplines such as economic sociology, economic theory, economic psychology, institutional economics, behavioral economics, and others. Therefore, the task of clarifying its content becomes relevant. The aim of the article is to identify and characterize the conceptual foundations of the socio-economic paradigm and the methodological approaches to its substantiation. The article outlines the content of the socio-economic paradigm as a conceptual model of economic development. It describes its substantive premises, reveals the cause-and-effect relationships between economic and social processes, defines the methodological approaches for studying and comparing socio-economics with other paradigms of economic development, and highlights the need to study the degree of influence of social sciences on the economy and the economy on social processes. It is proven that the economic version of socio-economics assumes that the social sphere, as well as various social processes, not only affect the economy but are also dependent on it, and this dependence requires economic evaluation. Socio-economics represents a scientific field that studies the patterns of modern economic life in the context of moral imperatives and criteria of social justice. The object of socio-economics is defined as economic activity carried out at different territorial and organizational levels, while its subject is economic relations regulated by moral and ethical requirements, attitudes, and prescriptions.

Clinical decision-making process and distributive justice: The mediating role of economic analysis. Empirical evidence from Italy.

The COVID-19 pandemic has not only tested the resilience of public health systems but also underscored the criticality of allocative choices on health resources. These choices, however, are not confined to health emergencies but are integral to public health decisions, which inherently grapple with limited resources. In this context, physicians play a pivotal role as the architects of clinical actions in various scenarios. Therefore, doctors are called upon to make their decisions by considering not only the criteria of clinical appropriateness but also the ethical aspects linked, in particular, to the principle of justice. Indeed, the assessment of the effectiveness of a treatment for a particular patient must be balanced against criteria of equity and justice for the whole. To be fully applied, the principle of justice presupposes the use of economic evaluation techniques designed to drive the organisation decisions by effectiveness and efficiency. The present paper aims to empirically analyse whether and to what extent economic evaluation is known and used by doctors in healthcare decision-making and, therefore, what the most widespread approaches are used in such processes. In particular, this paper intends to present the results of an empirical study on a sample of doctors registered with the Order of Physicians in Lombardy (Italy), one of the areas most affected by the COVID-19 pandemic. The research reveals a particular awareness of the criticality of allocation issues accompanied by a lack of knowledge of the economic evaluation techniques or, more broadly, by an almost total disuse of financial criteria. The main reasons are doctors' need for more knowledge of these tools and insufficient availability of economic information at the country system level. In the conclusion, we propose some suggestions to facilitate the transition to more current decision-making models consistent with the characteristics of more advanced national healthcare contexts.

The Good Muslim as a Quest for Jus Post Bellum in a Nation in Transition

This paper explores the search for justice after the war in Tahmima Anam’s novel, The Good Muslim. The novel deals with the aftermath of ‘the Liberation War of Bangladesh’ in the 1970s and early 80s, when the country was gravely suffering from famine, consecutive murders of their prominent leaders, political upheavals, natural disasters, and paralyzed democratic norms in the hands of a Dictator Hussein Muhammad Ershad. In such a context, Maya Haque, the protagonist of the novel, and an erstwhile freedom fighter continues writing and fighting for modern education, justice for the rape victims of the war, and democracy in the country. The study analyzes narrative data from the novel to see how the female characters struggle for justice after the war. For this purpose, it uses Larry May’s insights on ‘jus post bellum’. May has proposed six criteria for post-war justice, including ‘reconciliation’ and ‘rebuilding’, to maintain lasting peace in a post-war society. The novel entails these conditions and brings transitional justice to the fore of discourse through the literary creation. The paper claims that the protagonist is not only raising her voice for certain characters in the novel, rather she is constantly contributing to the broader issue of jus post bellum, which has been the most important, yet the most ‘neglected’ topic in just war theories. The article concludes with the idea that a fictitious work like The Good Muslim can be a good voice for the voiceless and a loud and clear advocacy for justice after the war. It can contribute to maintaining law and order and build up lasting peace preventing further violence in a postwar society.

Ghosts in the machine: Black feminist and queer critiques of reproductive justice in Finland

We discuss reproductive justice in the context of Finland, a Nordic welfare state often considered as having achieved exceptionally high ethical standards in reproductive health and overall justice. Every now and then, however, this reproduction is interrupted by ghosts in the machine: the problems, past and present, of marginalised, racialised, and/or otherwise non-normative people whose presences provoke specific Finnish hauntings, seething presences of reproductive injustice that suggest something is to be done. Instead of offering data analysis, this article aims to envision transformative reproductive justice futures through processual, collaborative theory development. This study uses an intersectional lens to understand how interlocking systems of oppression shape our lived experiences through an interdisciplinary, ethical analysis that suggests that what is required to resolve such hauntings is moral vigilance and care for a consistent reproductive justice orientation in global solidarity. Specifically in Finland, it requires the willingness to disavow the imperative to protect Finnish whiteness and active and meaningful solidarity across differences. Building on Black feminist and queer thought, we urge queer white people who may be tempted to become enfolded by homonationalism to take a more encompassing view of reproductive justice for a more sustainable welfare state ethic.

Unjust inequalities. Is maximin the answer?

Abstract A maximin criterion of distributive justice provides an attractive way of articulating a concern for equality and a concern for efficiency. It recommends that one should equalize income, expected advantages, opportunities or whatever else matters for the sake of distributive justice up to the point from which further equalization would make the worse off even worse off once its consequences are taken into account. But is the maximin criterion egalitarian enough? Does it pay enough attention to the impact of inequalities on political power, to the equal dignity of all citizens or to the value of fraternity? Is the maximin criterion not instead too egalitarian? Does it pay enough attention to a priority legitimately claimed by one’s own community, to democratically expressed preferences or to the value of reciprocity? This contribution clarifies the maximin concept, discusses these various objections and concludes that a maximin approach remains essential to identify, if not just inequalities, at least justifiable ones.

The vital minimum as a guiding criterion of distributive justice in the context of human rights theories and the theories of justice of Rawls and Sen

The vital minimum as a guiding criterion of distributive justice in the context of human rights theories and the theories of justice of Rawls and Sen

AHP TOPSIS Analysis in Selecting Waste Processing Technology Based on Energy Justice

The amount of waste in Bantul Regency increased by 4.96% from 2020 to 2021, indicating that the capacity of final disposal sites (FDS) in Piyungan District, Bantul Regency, was decreasing. The peak occurred from 23 July 2023 to 5 September 2023, during which the Piyungan FDS could not provide waste disposal services. The high poverty rate in Bantul Regency forces the government to process waste into energy as a sustainable waste management effort. However, numerous criteria make it difficult to determine which technology is most suitable for this purpose. Energy justice criteria need to be considered when choosing technology and efforts to improve the welfare of Bantul Regency's residents. This research aimed to present an assessment of each alternative technology for processing waste into energy and decide one suitable alternative for sustainable waste management in Bantul Regency using a combination of AHP and TOPSIS methods based on energy justice. AHP was used to assess the level of importance of each criterion, while TOPSIS was used to determine the optimal alternative based on the criteria by considering costs and benefits. The findings showed that the preference value for three alternatives was 0.579, 0.414, and 0.341 for incineration, pyrolysis, and gasification, respectively. According to these preference value, incineration was identified as the foremost viable alternative technology for implementation in Bantul Regency. Gasification and pyrolysis ranked as the subsequent and third alternatives, respectively.

국가배상청구소송에서 “객관적 정당성” 존부 판단의 최근 동향과 전망

The Supreme Court Decision 2018Da212610, August 30, 2022(“The Decision”) has garnered attention not only for its conclusion but also for its specific contents and methodology regarding the judgment of “objective justification criteria.” This article sheds light on the possibility of developments in “Objective Justification Criteria” in State Compensation Lawsuits, centering on the analysis of precedents before and after “The Decision”. This article divides Supreme Court’s state compensation cases before and after “The Decision” into those that scrutinize the judgment of “objective justification” and those that do not and confirms whether there have been substantive changes of legal doctrine in judging state compensation liability. Additionally, This article examines Seoul High Court Decision 2016Na2086563, February 6, 2024 which is a landmark judgment in “Humidifier Disinfectant” cases, centering on the similarity as “The Decision” and the possibility of development of legal doctrine in state compensation lawsuits. In conclusion, this article emphasizes the need of examination whether the speciality of legal doctrine and methodology of “The Decision” could be extended in cases such as “safety management obligations of state” cases, like “Humidifier Disinfectant” case and “Itaewon” case.

Queering the Global Governance of Transitional Justice: Tensions and (Im)Possibilities

ABSTRACT∞ In recent years, scholars and activists have been asking queer questions about transitional justice. Queer perspectives advocate for the recognition of anti-queer violence within transitional justice; the inclusion of LGBTQIA+ people in transitional justice processes; and the development of queer decolonial critiques of transitional justice. Informed by this research agenda, I develop a queer perspective to the global governance of transitional justice. I analyse documents from the UN, the International Center for Transitional Justice and the International Criminal Court. Representing mechanisms from across global transitional justice, I trace the (cis-heteronormative, colonial, carceral) violence of transitional justice and its institutionalization at the global level. I reflect on the queer tensions and (im)possibilities of global transitional justice, a site that is violent but holds transformative potential. The global governance of transitional justice must be queered to expand its social, political and conceptual remit, and to seek more radical, liberatory worlds within and beyond formal justice mechanisms.

Неправосудное правосудие

The article discusses cases related to the continuation of the exercise of powers by a judge when committing a crime. The author analyzes the practice of professional activity of judges convicted of criminal acts, immediately before or after their commission. At the same time, typical situations for intentional and careless criminal acts are systematized, legislative possibilities that impede the judge’s exercise of powers to administer justice after the commission of a crime are analyzed, conclusions are drawn about the need to improve legislation in order to preserve the criterion of justice of judicial acts.

Operationalizing spatial justice in urban planning: bridging theory with practice

ABSTRACT This research explores the challenges of using spatial justice as a basis for public policy and urban planning. Philosophical principles of justice are useful for systematic reasoning but lack objective criteria for evaluating spatial justice. We propose a framework based on criteria from social psychology – strict equality, need, merit, and entitlement – to a territorial perspective to determine the most appropriate distribution of amenities. We aim to provide a foundation for policy evaluation and urban interventions based on a selected spatial justice criterion.

Феномен справедливості як правової цінності: науковий дискурс сучасного розуміння

The article clarifies the determining features of justice as a legal value through the prism of modern legal understanding. It is noted that justice is one of the most important problems of our time, which reflects the extremely complex dialectical processes of the legal development of global society. As a value, it forms the worldview attitudes of society, people's vision of their future, their eternal aspirations for harmony and perfection of social relations. And also allows to comprehensively understand the meaning and content of modern processes of state and law-making. Four criteria of justice in the legal dimension are singled out: 1) equality; 2) distinction; 3) ideas of humanism; 4) systematicity. The phenomenon of justice as a legal value is revealed and its dynamic nature and relative constancy of the criteria for its definition in the legal dimension are noted, which is caused by real changes in the political life of society, legal matter, economy, etc. It is natural that all evolutionary and transformational processes within society significantly affect the general perception of justice or injustice, as well as the criteria for their assessment. That is, the understanding of justice has a specific historical, socio-cultural and political-legal context, and depends on the constantly changing social life. It is concluded that justice occupies a decisive place in the integral system of legal values. It reflects the practical side of the implementation of law as an effective regulator of social relations, a tool that has a powerful human-creating potential. Through legal means, legal institutions, justice embodies the high purpose of law, its humanistic nature.

Are the Benefits of Emergency Remote Education Truly Benefits? Ethical Dilemmas and Research Results on Emergency Remote Education from the Perspective of Prospective Teachers and the Foundations of Pedagogical Study Programmes

Commencing in March 2020 and continuing during the 2020/2021 academic year, all university education was forced to introduce emergency remote education due to restrictions imposed in countries affected by the Covid-19 pandemic. In the present empirical study, which includes a representative sample of students from one of the education faculties in Slovenia, data was obtained on the conditions and implementation of study programmes via emergency remote education. The areas of study were the material conditions for studying, the pedagogical process in emergency remote education, the ethics of the rules of performance and assessment, and the academic community. The study provides an analysis of the changes that took place in the implementation of the pedagogical process during emergency remote education from the students’ perspective and an examination of the extent to which it provided equal opportunities for students. The results show that the success of students in their studies depends on technical conditions and the environment; that rapid transitions from one type of studying to another (from emergency remote education to hybrid or entirely at the faculty) are not recommended; that the teaching process was based on the concept of face-to-face teaching, partly adapting to different conditions on this basis; and finally, that the “desire for comfort” entered into the assessment of the quality and fairness of the educational process. Based on the values of our professional ethical judgement and the results of the study, we conclude that higher education teachers should be aware that providing comfort to some students who have the appropriate conditions for studying or simply preferring to teach from the comfort of home are not adequate reasons to maintain online delivery of courses compared to the criteria of justice and quality in education.

Подходы к пониманию справедливости

Various doctrinal approaches are considered, which are ambiguous when using a number of terms, which include principles of law, legal phenomena, among them: justice, legal certainty, proportionality. Considering justice, its different types are noted. In Russian socio-humanitarian science it is presented in the form of general and special (private) justice. There are subjective and objective justice, formal and substantive justice. Procedural fairness is highlighted separately. The study concludes that the diversity of ideologies of modern society does not make it possible to answer the question about the principles of proportional justice, which should be reflected in law, therefore the criteria of justice contain a broad intersubjective basis that allows them to be realized in procedural justice. The analysis of theories gives the right to assert that the variety of theories of justice themselves will always vary from the priority of one or another benefit in society, which is the basis of social institutions, political and legal ideology, and the procedure for establishing the result.

Contextualism as a Solution to the Gettier Problem: Revisiting the Definition and Justification of Knowledge

The Gettier problem has significantly reshaped the discourse on the nature of knowledge, challenging the traditional definition of knowledge as Justified True Belief (JTB). This paper explores the philosophical implications of the Gettier problem and its impact on epistemology, focusing on two major responses: internalism and contextualism. Internalism emphasizes the cognitive subject's internal states as the basis for knowledge justification, while contextualism introduces variability in knowledge standards based on conversational and situational contexts. The strengths and limitations of each approach are critically analyzed, with internalism offering clear criteria for justification but struggling with external factors, and contextualism providing flexibility in knowledge attribution while risking subjectivity. The paper also examines how contextualism addresses philosophical skepticism and the Gettier problem by adjusting the criteria for knowledge depending on the context. Ultimately, this manuscript argues that while both internalism and contextualism have contributed to a deeper understanding of knowledge, further refinement of these theories is necessary to address their limitations, particularly regarding objectivity and skepticism.

Philosophical Foundations of Polygamous Marriage in Islam from Various Aspects

This research aims to explain the philosophical basis of Polygamy in the Islamic religion in detail through several approaches. This research is included in the literature review category. The data collection technique is the documentation technique, while the analysis technique is the Miles and Huberman analysis technique. The source triangulation method was used to validate and authenticate the data obtained in this research. After conducting in-depth research, several important conclusions were found: first, from a legal philosophy perspective, Polygamy can be carried out because there is an underlying legal umbrella, but the ability to carry out Polygamy must be based on several provisions. Polygamy in Indonesia has been regulated by the promulgation of Law Number 1 of 1974 and Government Regulation Number 9 of 1975. Second, from a psychological philosophy perspective, Polygamy should not be carried out haphazardly. The polygamy process must also meet justice criteria. In families that practice Polygamy, wives usually experience inner pressure, such as jealousy, personality conflicts, competition, and children's displeasure towards different mothers. Therefore, it is necessary to fulfill the elements of justice to minimize the emergence of negative things. Third, from a sociological and philosophical perspective, Polygamy currently still has pros and cons in society. Many people still consider Polygamy to be a negative act, even though there is a negative stigma given to the perpetrators. Fourth, from an economic philosophy, many second wives from polygamous families do not have the right to fulfill their living needs, both physical and spiritual.

Philosophical and Anthropological Understanding of the Nature of Collective Violence

Purpose. The purpose of this research is to analyse and systematize modern philosophical and anthropological ideas about the nature, essence, causes and sources of collective violence. Theoretical basis. Given the complexity and multifaceted nature of the phenomenon of violence, the authors used a range of philosophical and general scientific research methods. In particular, the comparative method helped to identify the main advantages and disadvantages of using philosophical and anthropological approaches to studying the nature and patterns of violence in the social environment. The use of the systemic and structural-functional methods contributed to a better understanding of the structure, features, mechanisms and criteria for ethical justification of the permissibility of collective violence. The psychological approach made it possible to analyse the role of social dissatisfaction, disappointment, relative deprivation and frustration in the process of radicalization of individuals and their readiness to use violence. Originality. The originality of this research lies in the application of modern analytical approaches to the study and philosophical understanding of the phenomenon of violence. It has been proven that at the current stage of social development, the following non-traditional forms of violence are becoming widespread: structural, symbolic, cultural, and psychological. It has been established that the main sources of collective violence are value, cultural, ideological and structural contradictions, as well as socio-psychological dissatisfaction, economic inequality and discrimination. Conclusions. Throughout history, violence has been an integral part of spiritual, social, value and economic transformations. The study of such a complex phenomenon requires the creation of an effective interdisciplinary theory that would take into account various anthropological, social, philosophical, psychological, physiological and biological dimensions and forms of its use. That is why there is a need to further improve scientific theories and approaches to studying the nature, forms and sources of violence. Taking advantage of a comprehensive approach, we have been able to establish that violence is a form of social influence that involves the use of physical force against individuals, social groups or institutions to cause physical, mental or moral harm and to subordinate their behaviour and will.

INVESTMENT ATTRACTIVENESS OF UKRAINE'S ECONOMY AS A DOMINANT FACTOR IN ATTRACTING INTERNATIONAL CAPITAL: ANALYSIS, PROSPECTS, PRIORITIES

The article analyses and proves the expediency of assessing the investment attractiveness of the Ukrainian economy on the basis of international ratings. The main task of the scientific publication is the analysis of the current state of investment attractiveness of the national economy and the determination of priority directions of its further strategic development. The concretisation of methodological approaches to the assessment of the level of investment attractiveness of the national economy through the prism of rating assessments of various agencies becomes a prerequisite for the formation of modern methods, principles, forms and priority tools of state regulation of this process. The use of innovative methods and methods of conducting scientific research in the context of determining the level of investment attractiveness of the national economy is a fundamental element of the model of successful attraction of investment capital and implementation of long-term strategic investment decisions. The subject of the scientific article is a rating of the investment attractiveness of the national economy from the perspective of the post-war period. The methodology of scientific research is based on the need to determine the level of economic efficiency of investment capital in modern conditions of globalisation transformations in the economy of Ukraine. The paper reveals the main issues of the methodology of investment decision analysis and the definition of criteria of efficiency of investment capital attraction to the national economy. The criteria of selection, justification and adoption of balanced management decisions are detailed and analysed. The purpose of this study is a comprehensive analysis of the state's position in international rating assessments of investment attractiveness, identification of key factors influencing the formation of a high level of investment attractiveness of the Ukrainian economy and search for ways to increase it by attracting additional investment capital. The conclusion of the publication is the search for ways to ensure a high level of investment attractiveness of Ukraine's economy as a dominant factor in attracting international investment capital. The fundamental strategic priority of the state investment policy is to form a comprehensive mechanism for ensuring a high level of investment attractiveness of the economy by developing a long-term programme for ensuring a high level of investment attractiveness of the national economy.

Criminal policy and sanctions in the 2020s and onwards: Determinants of penal culture in Finland during the last 150 years

This article provides a fragmentary overview of the developments of criminal law and criminal policy in Finland during the last 150 years. It reflects the author’s experiences as a criminal scientist and an expert in drafting criminal legislation over 50 years. This review uses the conclusions from Cesare Beccaria’s classic, centuries-old book as its starting point: a punishment may not be an act of violence, but should be public, immediate, necessary, as minimal as the case allows, proportional to the crime, and determined by law. The Finnish Penal Code of 1889 was originally thoroughly permeated by both the principles and the spirit of the classical school of penal law, wherein punishment was primarily regarded as retribution for an offence and the penal system was therefore tolerably harmonious with the demands of general deterrence. More weight was given to individual prevention when the Code was first drafted. Later on, the influence of the sociological school of penal law, which focused on the offender and individualized criminal sanctions, led to partial reforms of the penal system, such as the enactment of the Conditional Sentences Act of 1918, the Dangerous Recidivists Act of 1932, and the Young Offenders Act of 1940. The day fine system of 1921 and the fluctuations in the ideology regarding indeterminate penal sanctions are analyzed. The total reform of the Penal Code between 1972 and 2003 aimed to create a more rational penal system – one designed for efficient, just, and humane criminal justice. An ambitious attempt was made in as uniform and systematic a way as possible to assess the goals, interests, and values that the new Criminal Code should promote and protect. The existence of the criminal justice system was justified on utilitarian grounds. The structure and operation of a penal system, however, cannot be founded solely on the basis of utility; the criteria of justice and humaneness must also be applied. The penal system must be rational in regard to both its goals (utility) and its values (justice and humaneness). The developments since the 1990s have been characterized by the influence of human rights and basic rights on both criminal and procedural law, as well as by the effects of internationalizing and Europeanizing the criminal justice system. The latter tendencies have resulted in the diversification of criminal law.

Doctor Who and the seeds of anxiety: exploring popular narratives of energy justice and exploitation

Achieving and implementing sustainable socio-technical transitions requires high levels of public understanding and acceptance across multiple sectors including energy, transport, heating, and other domains. However, the level of public understanding of even the most “obvious” high carbon sector, energy production, and of the surrounding class relations around its production and consumption, remains under-examined. A specific gap is how energy narratives diffuse through and are shaped by widely accessible popular sources. The extent that public understanding may be informed by how popular culture presents issues of energy, class and access, merits consideration, yet is underexplored. This article contributes to the emerging field of energy humanities by examining five stories from the popular BBC science fiction series Doctor Who, broadcast in the 1960s, 70s and 80s. It situates them in the time they were created and finds that the program provides representations of energy production and class and that these stories yield critique of political repression of subjugated peoples. However, Doctor Who ultimately does not convey a meaningful sense of endogenous social change as questions of justice are resolved by a saviour arriving from without. Our contention is that Doctor Who distils and represents via drama a degree of support for energy justice critique present in a particular place and time, the UK from the 1960s to the 1980s. Yet we also contend the energy justice critique apparent in Doctor Who is limited by several interlocking characteristics: the paternalistic rescue of victims of oppression matched by the uncritical validation of other and newer energy sources; therefore, the need for technological progress is endorsed. These limitations in normative energy justice appear in a programme viewed by millions and we contend these limitations prevailed in the wider culture which produced and watched it. Ultimately therefore interpretation of Doctor Who reflects on the theme of denialism, of the need for a just energy transition, which is conspicuously relevant today across multiple nations.