Criteria Of Justice Research Articles

Pricing for a Common Good: beyond Ethical Minimalism in Commercial Practices

Pricing policies and fair-trade practices are critical for sustaining commercial relationships between firms and customers. Nevertheless, in current business practices, fairness has been mistakenly reduced to a minimalistic ethic wherein justice only demands legal and explicit norms to which commercial parties voluntarily agree. Aimed at giving a different explanation of commercial agreements, this paper will introduce a Virtue Ethics (VE) explanation of the relationship between pricing and the common good by taking up classical concepts related to justice in commerce. In particular, we will explore three principles associated with the notion of fairness in commerce as defined in Neo-Aristotelian ethics towards a relationship between a common good and justice in pricing, i.e., proportionality, benevolence and well-being. To exemplify how these criteria of justice apply to decision-making in commercial practices, we will discuss several cases of fair and unfair commercial relationships.

ALISHER NAVOIY LIRIK ASARLARI SEMANTIK TEGLARI BAZASINI YARATISHZARURATI

Alisher Navoi's lifelong promotion of the Turkish language, Turkish literaturerecognition of their capabilities to the world, the criteria of truth and justice in societyis our ancestor dedicated to decision making. Our first President is IslamIn Karimov's words, the joys and sorrows of the human heart, goodness andin the history of world literature, the poet expressed the meaning of life as deeply as Navoirarely found. Love for the mother tongue, its incomparable richness and greatnessThe sense of understanding is also in our minds, in our hearts, first of all, in Navoicomes in with his works. We want to protect our people from this priceless heritage, especiallythe more we enjoy our youth, the more our national spiritualityin raising, in perfecting the noble human qualities in our societywe will have such a powerful weapon of enlightenment.

Territorial inequality: an agent-based approach in modelling of social policy

The article proposes a methodological approach for assessing the territorial inequality based on an agent-oriented spatial model. The main decisions are made in the model at the microeconomic level by households and enterprises with spatial coordinates. Then they are aggregated to the level of regions, industries and the economy as a whole. The evaluation of the indicators according to the criterion of social justice is carried out using two groups of methods: firstly, statistical, primarily the Gini coefficients (which are based on the households’ incomes in regions or country as a whole), and secondly, methods for constructing isoelastic social welfare functions at the national and regional or zonal levels, which are based on the households’ utility functions and include the inequality rejection coefficient. Each value of the coefficient corresponds to a certain concept of social justice. This second group of methods is related to the original approach of the author. The model simulates the development of the government social policy, which is carried out by changing taxes and transfers and taking into account the degree of territorial inequality. Model calculations consider pensions and five types of monetary transfers in a fixed structure: unemployment benefits, child benefits, poverty benefits, social aid and basic income benefits. In a series of experiments, the effect on territorial inequality of changes in the total value of social transfers (with their fixed structure) and tax rates in accordance with the proportionality coefficients was assessed. It is used as a toolkit for changing the system of taxes and transfers and for supporting social policy to reduce spatial inequalities in Russia.

Digital technology in the humanities and public life in the context of justice

The article explores some methodological issues and the role of digital technologies in the humanities, education system, and public life. The relevance of the research topic is confirmed by the rapid development of digital resources and technologies in public life, including humanities and education. The positive role of digital technologies for the development of humanities and education is emphasized; they are characterized by interdisciplinarity and open up new possibilities for research. It is argued that the process of digitalization is a reflection of the new historical realities of social life, including science and education, a reflection of the new needs of society in the research environment. And materialistic understanding of the phenomena of social life as the most important method of research, comprehension, and evaluation of social processes is used as the main method of research. It is argued that digital technologies in the humanities and education have serious negative consequences. This manifests itself in a potential decrease in intellectual activity, analytical abilities, and physical development of a person. Digital technologies are capable of taking a person into another reality, disrupting the process of traditional socialization, live communication. Such processes have a negative impact on his personal development, which contradicts the criterion of justice and social progress, which are expressed in the comprehensive development of the individual. It is argued that even the most advanced digital technology cannot replace the moral and psychological moments of live teacher-student communication.

Научный прогресс и его враги: случай академического словоблудия

The paper discusses the phenomenon of bullshit in the academia as an ob­stacle for progress in natural sciences and the humanities and as a problem of episte­mology and philosophy of science. The authors criticize a popular approach according to which bullshit is defined in terms of the goals or motivations of the bullshitter as a subjectivist and inadequate. Focusing on the phenomenon of bullshit in academic practices, the authors define it in terms of the relevance of the content of a corre­sponding discourse to the topical issues of a given academic discipline and the extent to which the justification proposed in the discourse meets the standard justification criteria in the given discipline. An important component of the proposed definition is the contextual parameter of the judge the perspective of which is represented by a relevant research community. The authors show how the proposed account captures the well-known cases of bullshit as well as solves some of the current problems in social epistemology, such as the nature of group bullshit. The authors argue that the problem of group bullshit arises only when bullshit is understood in terms of indi­vidual intentions or motives. In that case, it is challenging to define group bullshit in a case when no representative of a given group individually supports the bullshit argument put forward by the whole group. For an approach that defines bullshit without appeal to such subjective factors as individual intentions, this problem does not arise because bullshit is independent of the goals of the bullshitter. The authors acknowledge the importance of the motivations of the bullshiter and her strategies. However, they argue that this matter is irrelevant for the definition of bullshit.

Justification criteria for Inter-Basin Water Transfer Projects

When implemented on a large scale, Interbasin Water Transfer (IBWT) projects are one of the most significant human interventions in natural environmental processes. Although water transfer might have considerable beneficial impacts, it produces inevitably other adverse effects on different levels. The present work aims to assess the phenomenon of IBWT to answer the question of whether such transfers are justified or not. To this end, this paper is first introduced by reviewing criteria proposed by some international organizations and epistemic communities for assessing IBWT. Then, a coherent set of IBWT evaluation criteria are proposed. Afterward, the authors have applied the chosen criteria to the North-South Water Transfer Project (NSWTP) in Morocco to provide a global assessment. The results show that the NSWTP, in its current version, is not justified. To remedy the negative sides of this project, the authors propose to limit the water transfer only between Sebou (donor) and Bouregreg (recipient), all in increasing the storage capacity of the recipient reservoir. On the other hand, studies related to the legal and institutional sides, and the ecological impacts are to be finalized.

ПЕРЕРОЗПОДІЛ І СПРАВЕДЛИВІСТЬ: ФІЛОСОФСЬКІ ОСНОВИ ТА ПОГЛЯДИ ТЕОРІЇ СУСПІЛЬНИХ ФІНАНСІВ

The article considers the conceptual basis of redistribution as an economic phenomenon that occurs at different levels of the economic system (household, market, state). The types of redistributive effects are determined: market redistribution (provided by the price mechanism) and public redistribution (formed as a result of the functioning of the public sphere). Key attention is paid to social redistribution, which proposes to distinguish between fiscal (carried out through the system of public finance through taxation, transfers) and non-fiscal (arising from government actions that affect the functioning of the market). The links between public redistribution and views on justice have been explored. Philosophical and moral-ethical aspects of public redistribution are considered. Attention is paid to the criteria of redistributive justice. Some provisions of the theory of public finance on the interpretation of the phenomenon of social redistribution are revealed. It is noted that consideration of the conceptual foundations of public redistribution requires a philosophical vision of justice, consideration of the procedural aspects of finding a political compromise in a modern democratic society, as well as an assessment of the economic effects associated with redistribution. It is noted that for a clear understanding of the overall effect of redistribution processes it is necessary to simultaneously analyze the efficiency of market exchange, the perfection of mechanisms of primary distribution of income by the market and the direction of fiscal redistribution and transfer policy through the public finance system. The lack of unambiguous criteria for ensuring redistributive justice is emphasized. This necessitates the widespread application of the criterion of injustice. The need to realize the importance of recognizing inequality as a methodological principle of economic functioning is pointed out. It is noted that this will contribute to a more rational formulation of normative goals and priorities of the state redistributive policy in applied research of public finance.

Environmental justice in coastal systems: Perspectives from communities confronting change

Life in the Pacific is characterised by interconnected, fast and slow socio-ecological change. These changes inevitably involve navigating questions of justice, as they shift who benefits from, owns, and governs resources, and whose claims and rights are recognized. Thus, greater understanding of perceptions of environmental justice within communities will be crucial to support fair adaptation. We contend that an environmental justice approach offers a theoretical foundation to help illuminate key concerns and trade-offs as communities navigate global change. Here, we apply an empirical environmental justice lens to the use and customary management of coastal resources in Papua New Guinea. Through two case studies, we examine perceptions of distributional, procedural and recognitional justice. We find similarities and differences. There were common concerns about the injustice of unequal fishing pressure and destructive methods, but in one case, concerns about people’s material needs overrode concerns about non-compliance and unequal costs. In the other case, deliberative decision-making served as a platform for not only negotiating and re-defining the distribution of costs and benefits, but also airing grievances, thereby strengthening recognition of different people’s values and concerns. In addition, we find that recognitional aspects of justice, such as respect, can confer or undermine the legitimacy of procedures for governing resources and thus making fair decisions about distribution. The heterogeneity of justice criteria in our cases emphasizes the need to elicit and understand plural justice perceptions in different contexts.

Social justice in inter-ethnic relations

The article deals with the analysis of social justice as a universal value that determines the evaluation of social practices in all the spheres of social life. But the study of such an evaluation of society in the sphere of interethnic relations is faced with a number of theoretical problems. The authors show that when evaluating interethnic relations in accordance with the criterion of social justice, due to the ambiguous interpretation of their meaning, it is necessary to rely on an interdisciplinary approach. An important area of this analysis is the correlation of the theoretical understanding of ethnicity and the practice of state building in the context of the cultural diversity of the population. Two strategies for achieving social justice in the sphere of interethnic relations are shown: the building of the SU ethno-nations and the building of the RF nation with securing civil rights in the sphere of the implementation of ethno-cultural identity and providing conditions for the development of ethno-cultural diversity.

Transformative justice and restorative justice: Gender-based violence and alternative visions of justice in the United States

In the United States, the contemporary feminist movement against gender-based violence started in the early 1970s, just as ideologies and policies supporting mass criminalization launched what became a five-fold rise in U.S. rates of incarceration. Since the new millennium, people of color have taken the lead in re-envisioning fundamental notions of justice given the dramatic backdrop of mass incarceration and the recent upsurge in prison abolitionist possibilities. Central to this reformulation has been a social justice critique that recognizes the intersection of gender-based violence and other forms of interpersonal violence with the violence of the state, most concentrated within U.S. carceral institutions. While the U.S. roots of violence as well as resistance to this violence extend back to the earliest days of colonial occupation, the contemporary manifestation of the anti-violence struggle has taken on the labels of restorative justice and, more recently, transformative justice. This conceptual paper relies upon historical analysis of the contemporary anti-violence movement, secondary legal literature, and insider social movement knowledge to trace recent trends in the movement to redefine notions of justice in its application to gender-based violence, the contrasting trajectories of restorative justice and transformative justice, and the liberatory vision and practices of transformative justice.

Las normas de ius cogens como imperativo en los procesos de justicia transicional. Estudio relativo al Tribunal de Jurisdicción Especial para la Paz en Colombia

Colombia se está enfrentando a un proceso complejo de justicia transicional, no solo por la exigencia constante de los movimientos sociales, sino por la presión internacional, la necesidad sentida de justicia y, sobre todo, por el clamor de las víctimas. Lo cual ha permitido el impulso de un conjunto de reformas para cambiar la huella del pasado conflictivo. Lo anterior, soportado en un amplio andamiaje jurídico que intenta responder a las víctimas y a la misma sociedad con criterios de verdad, justicia, reparación y medidas de no repetición, dando como resultado lo que hoy se conoce como el Marco Jurídico para la Paz. En este contexto, los crímenes cometidos en el pasado serán juzgados por un Tribunal Especial para la Paz que, bajo la hipótesis sustentada, deberá ceñirse a las normas de ius cogens como estándar de obligatorio cumplimiento derivado del sistema jurídico internacional.

Ethical guidelines on cardiopulmonary resuscitation in the context of the COVID-19 pandemic in Colombia

ResumenLa pandemia de COVID-19 se ha asociado con un incremento en el número de casos de paro cardiorrespiratorio y con ello han aumentado las inquietudes éticas en torno a la exigencia de la reanimación cardiopulmonar, así como sobre las condiciones para realizarla. El riesgo de contagio por aerosoles y las incertidumbres clínicas sobre la eficacia, las potenciales secuelas y las circunstancias que podrían justificar la limitación del procedimiento durante la pandemia, han multiplicado las dudas éticas sobre cómo proceder en estos casos. Con base en fundamentos éticos y jurídicos, en el presente artículo se ofrece una guía práctica sobre cómo proceder en los casos de paro cardiopulmonar en el contexto de la pandemia. Los criterios de justicia, beneficio, no daño, respeto a la autonomía, precaución, integridad y transparencia, se presentan de forma organizada y práctica para la adopción de decisiones en materia de reanimación cardiopulmonar.

Force of Wall

Rafael Cauduro’s mural The Seven Crimes of Justice, situated in the Supreme Court of Mexico, speaks to the old problem of the relationship between art, politics and the State. In Mexico City, the birthplace of modern muralism, Rafael Cauduro confronts its ambivalent legacy and offers up new solutions. And at the same time, at the very heart of the legal system, Cauduro presents a critique of law and justice almost unprecedented in its uncompromising determination to lay bare the brutality of contemporary legal phenomena, not just in Mexico but around the world. This essay examines how Cauduro’s aesthetic choices address the history of modern muralism, and how his thematic choices address the history of modern law. But above all, how do these two modes of representation, the visual and the legal, actually relate to one another? Murals and law have something in common—a belief in the force of walls. The Seven Crimes of Justice binds this common thematic together in a remarkable work that has to date attracted little critical attention. This essay gives it the attention it deserves, focusing on questions of time and memory, and of the relationship between the force of law and the force of art.

Discriminalization: Reevaluating Sexuality, Punishment, and Human Rights

After decades of pressing for the decriminalization of same-sex conduct, advocates around the globe have increasingly urged states to use the power and authority of criminal law to address bias against lesbian, gay, bisexual, and transgender (LGBT) persons. In dozens of countries as diverse as Angola, Ecuador, Malta, Mongolia, and Taiwan, lawmakers have criminalized various forms of anti-LGBT conduct and proscribed them with lengthy periods of incarceration. This embrace of criminalization has often been articulated in the language of human rights, using that framework to expand rather than curb the scope of criminal law. In this Article, I look to debates over LGBT rights to analyze what I call discriminalization, or the adoption and application of carceral penalties for discriminatory conduct. I argue that the growing use of discriminalization raises difficult questions about anti-discrimination law and human rights, which necessitate an appreciation of the injuries inflicted by discrimination, the injuries inflicted by carceral punishment, and the complexities of a framework that meaningfully protects human rights when these harms are in tension. The Article explores these questions in three parts. Part I reviews critiques of criminalization, and particularly carceral punishment, as a response to offenses targeting marginalized groups. I draw in particular from racial justice literature and critiques of carceral feminism to map out some of the complexities of using criminal law to demonstrate that targeted violence is being taken seriously. Part II documents some of the ways that LGBT advocates have embraced discriminalization in recent years, focusing on three issues – discrimination in areas such as employment, housing, and the provision of goods and services; demeaning or degrading speech; and so-called “conversion therapy,” or efforts to change someone’s sexual orientation or gender identity. Using a data set of LGBT-inclusive anti-discrimination laws in these three areas, I chart how discriminalization has been enshrined in law and practice, and raises questions that extend beyond the LGBT context to anti-discrimination law more generally. Part III asks whether the human rights framework offers any useful tools for those who wish to take stigmatic harm seriously while keeping the creep of the carceral state at bay. I consider dignity-maximizing approaches, abolitionist frameworks, and proportionality as three avenues that human rights advocates might take to mediate this tension. By drawing a distinction between the doctrinal strictures of human rights law and the discretion that human rights advocates utilize in practice in deciding when and how to advance LGBT rights, I propose a modified proportionality approach for advocates that attends to both the specificities of anti-LGBT hostility and the conditions of criminalization in a given context. Such an approach is more flexible, pragmatic, and attuned to grounded notions of justice than the absolutist positions that have thus far guided discriminalization debates. I conclude by acknowledging the limits of such an approach, arguing for a principled retreat from discriminalization and a stronger emphasis on proactive measures to address stigma.

A fiscal revolution inspired by the Capabilities Approach to reduce socio-economic impact of climate change and strengthen the resilience of tax systems

This paper shows that a fuller integration of the economic theory of well-being into strategies adopted to reduce the impact of climate change could help to avoid potential conflicts between the mitigation measures applied and the consumption of energy derived from fossil fuels. The paper moves along the path traced by Wood and Roelich (2019) with their Tensions Triangle Theory, but aims to develop it further from an operational point of view, showing how contemporary ecological tax reforms, if inspired by the Capabilities Approach, could more effectively contribute to achieving an inclusive, sustainable, accessible and secure global energy system, that provides solutions to energy challenges and, at the same time, creates value for business and civil society as a whole, without compromising the balance between the three fundamental elements of the tensions triangle described by Wood and Roelich. In particular, this chapter aims to show how the enlargement of the tax area according to new criteria of distributive justice inspired by the Capabilities Approach could serve to increase the mobility of social assets and to develop strategies to adapt public finance systems to the changes produced not only by environmental emergencies, but also by other sudden and adverse phenomena, such as economic crises and significant revenue losses caused by the adoption of non-transparent or harmful tax practices. Finally, the paper considers the proposal to establish taxes on so-called global commons—such as the atmosphere, climate, healthy environment, oceans—and to redistribute their revenue to reduce economic inequalities and poverty.

The utilitarian–maximin social welfare function and anomalies in social choice

AbstractTwo major criteria of distributive justice are the utilitarian criterion and the maximin criterion. We offer a simple axiomatic characterization of a mixed utilitarian–maximin social welfare function. This social welfare function explains recent empirical violations of the standard cardinal social choice theory such as the social Allais paradox and the social common ratio effect. In addition, it offers a new foundation for the positively skewed wealth distributions in society. It also provides an objective function for mechanism design applications that trades off maximizing surplus and minimizing inequality.

Interpretation of Human and Political Leader in a Totalitarian System: Conception and Essence

In this article, all the concepts related to political life in the conditions of the former Soviet totalitarian policy and their interaction, the social relations of the subjects, its criteria of social justice, its active influence in the context of human interests are analyzed. Furthermore, it analyzes the role of the leader of the Soviet republic in the protection of national interests in the context of political and economic dependence. The essence of the Center's secret policy towards Uzbekistan in the field of raw materials will be revealed. The oppression and violence in the activities of states and in the process of international political relations in the XXI century reveals the essence of totalitarian politics, the notion of the individual and the political leader in society, which creates contradictions in understanding the essence of the concept of man, political leader.The policy of the totalitarian regime always emphasizes the suppression of the people's spirit of freedom, the essence of the secret policy of trying to obscure the individual position in man, and then completely extinguish it.In a totalitarian society, personality traits tend to be more aggressive. Political leaders are characterized by the fear of the individual, distrust of people, sensitivity to hidden threats and motives, constant striving for power, control over others. His morals and actions are often vague. A paranoid-style politician does not accept anything else from his point of view, rejecting any information that does not support his theory.The prevailing policy in Uzbekistan deprives the people of the leading power through various pressures, such as the repression of national figures, their exclusion from socio-political life. The essence of the survivor being a servant of this system is revealed.

ОБҐРУНТУВАННЯ ДІЯЛЬНІСНО-РЕФЛЕКСИВНОГО КРИТЕРІЮ ГОТОВНОСТІ МАЙБУТНЬОГО ВЧИТЕЛЯ ФІЗИЧНОЇ КУЛЬТУРИ ДО ЗДІЙСНЕННЯ ЗДОРОВ'ЯЗБЕРЕЖУВАЛЬНОЇ ДІЯЛЬНОСТІ

The reflexivity and activity criterion of the future physical education teachers' readiness to realize sustainable health activities is proved in the article. The justification criteria were selected: professional orientation, professional education, professional and valuable orientation, professional reflection. Professional orientation features are: motivational (sustainable psychological attitude and focus on sustainable health activities; a strong interest in the child's personality); targeted (willingness to self-education, self-development, self-actualization; desire to use pedagogical results in practice); personal (presence of character traits: balance, activity, dialogue, congruence, empathy) aspects; professional education (theoretical (system of skills and abilities in the field of concepts, approaches, methods, upbringing forms of health bases (nutrition, psycho-emotional stability, self-esteem and level of aspiration, motivation of achievement, physical activity, etc.), readiness to correlate with them in practice; methodical (professional competence to realize sustainable health activities, ability to apply knowledge in practice; presence of health problems in the methodological work of teachers); behavioral (presence of intellect needs and ability to plan and design the educational process of interaction with adolescents, developing constructive methods of interaction) aspects, professional value orientations (valuable attitude to pedagogical activity (axiological orientation, definition of purpose and personal activity); valuable attitude to the teenager's personality, valuable attitude to colleagues, to yourself as an educator); professional reflection (reflexive evaluation (the need and ability of the teacher to self-analysis and self-esteem of one’s own activity as a subject); communicative (ability to analyze and reflect the communicative situation, communication style, as well as evaluate the results of communication with teenagers and their own state) aspects. Key words: reflexivity and activity criterion, readiness, future teacher, physical education, sustainable health activities.

El escándalo de la misericordia de Dios: Claves para comunicar a la sociedad contemporánea el misterio de la bondad divina

This article aims to delve into the criteria of divine justice, based on the Gospels, and also investigates what relationships they can maintain with human justice, in force in society. Ten principles are proposed that would help to explain the way in which God judges men and, at the same time, an analysis is made as to what extent these principles can or cannot be found in the legal logic of Western societies. Philosophical, literary and cinematographic works are used to study this complex relationship between human and divine justice.

An analytical framework to consider social justice issues in farmland preservation on the urban fringe. Insights from three French cases

Preserving farmland on the urban fringe is challenging. We hypothesise that the inefficiency of some farmland protection policies may partly arise from a lack of consideration of their social impacts. This paper hence provides a 7-criterion analytical framework to examine the social justice issues raised by the implementation of planning policies. Applying it to three French policies reveals multi-dimensional inequalities arising from farmland preservation on the urban fringe. Regarding distributive justice, all three policies generate unequal access to resources (farmland, building rights) for different types of farmers. They also show spatial variations in regulations and disregard for the special needs of new farmers. Regarding procedural justice, on two of the criteria, ‘recognition of difference’ and ‘perception of injustices’, we find evidence of exclusion, domination and lack of recognition that some minority farmers or residents are inconvenienced by agricultural activities. All three farmland preservation policies allow established farmers to capture resources such as land and rights to build farm structures, hindering the renewal and diversification needed for multifunctional agriculture and local food systems.Our 7 justice criteria could help researchers in other contexts uncover similar forms of power, exclusion, injustice and inequality embedded in the elaboration and implementation of farmland preservation or other planning policies. The insights from three French farmland protection policies may help local authorities anticipate potential justice issues, develop capacities, and provide more inclusive and transparent procedures for expressing or preventing feelings of injustice.