Demands Of Justice Research Articles

What Is Justice? Perspectives of Victims-Survivors of Gender-Based Violence.

This article explores "how do victims-survivors of gender-based violence (GBV) experience and perceive justice?" based on interviews with 251 victims-survivors with experience of different types of GBV and criminal, civil, and family justice systems. Victims-survivors were found to have multiple perceptions of justice, related to different points in their journey following abuse and regarding individual, community, and societal responses. Perceptions relate to accountability; fairness in outcome and process; protection from future harm; recognition; agency; empowerment; affective justice; reparation; and social transformation. Current understandings of justice in legislative and policy approaches reproduce the "justice gap" by failing to take account of how survivors themselves understand and demand justice.

Demands for Justice and Demands on Justice: Can Human Rights Practice Survive?

Abstract How has the work of human rights organizations affected global politics? Do these practices achieve justice for those affected by human rights violations? Demands of Justice by Ann Marie Clark explores these questions using novel data from two prominent international nongovernmental organizations: Amnesty International and Oxfam. Her work expounds three effects of these organizations' work in infusing justice into the international system. First, this practice has expanded care and concern from a local level issue into a global neighborhood. Second, increasingly, human rights organizations appeal to growing international law and legal norms in their appeals, which aims to remedy injustice within the confines of practical limitations. Finally, those suffering from human rights violations place demands on nongovernmental organizations, which has changed the conceptualization of human rights beyond civil and political rights and toward broader questions of social justice. My review explores the impact of Clark's work on the field of human rights and recent concerns that human rights are under attack.

Restorative Justice as a New (Sustainable) Paradigm of Justice

Not only is restorative justice (RJ) an increasingly developing area within scholarly debate, it is also a field where legislation is making significant progress. It is in statutes that practical solutions need to be sought out and eventually enshrined in law in order to accommodate individuals’ demands for justice. Therefore, in a scenario where the economic impact of a traditional judicial matter may “skyrocket” to egregious levels, RJ may well represent a new and alternative model for the judicial system. Against this backdrop, this article, first and foremost, discusses and analyses the history and evolution of RJ. Thereafter, attention is turned towards the most recent applications of RJ, such as for the resolution of family conflict. Keywords: restorative justice; legal costs; comparative analysis; United Kingdom; Scotland; Italy.

Schools and the principle of non-intrusion into the private

In this article, I argue that parental privacy has often been given too much weight in theorising about justice at schools. Susan Okin famously stated that as the family serves as the children’s ‘first school of justice’,1it should also be internally just. However, she agreed with John Rawls on that interfering directly within the family life, even in the name of equality and justice, would risk causing injustice to those who do not share these liberal ideals. I ask in what sense this principle of non-intrusion into the private should be extended over the school institution. If the principles of public justice and private morality came into conflict in school education, which set of principles should be given priority? I pose Rawls’ suggestion concerning children’s schooling against his depiction of the family and claim that these two are normatively at odds with each other. Of the two, the latter seems paradoxically to allow for more extensive public regulation and therefore his view of the school must be modified accordingly. Moreover, I revisit one of Okin’s main arguments that countering injustices requires active and explicated countermeasures where education plays a key role. Therefore, it is justified to prioritise principles of public morality, and teach related substantial values at schools, given that they accord with the demands of justice. Parental privacy applies to schools only in a limited sense.

Tracking the New Demand for Justice in the Big Data Ecosystem

Abstract Many studies have focused on the possibilities that organizations have to mine and analyze, through computational analytics, the huge amount of structured and unstructured data that is now available, to determine correlations and thus reveal patterns, trends, and associations to predict human behaviour; and to transform this information into knowledge for companies and governments. That is, just from the point of view of the suppliers of good and services. In this paper we contribute to the Law and Economics literature by showing that the logic of Big Data, the access to the cloud, and the use of Artificial Intelligence are drastically changing the ordinary citizen’s way of making decisions in the field of justice; and that this new paradigm in the Demand for Justice will mean improvements in terms of both equity and efficiency, and ultimately an improvement in social welfare.

Staging Theatre Historiography: The Afterlives of Ottoman Armenian Drama in Contemporary Turkish Public Theatre

In the last twenty years, memory has gained broader attention in Turkey's social, cultural and political arena. In line with this movement, independent and subsidized theatres produced plays engaging with Armenian history through diverse political and aesthetic agendas. Among these works, public and state theatre productions remained mostly invisible in theatre scholarship due to their ambiguous position that does not directly align with the framework of political theatre. This article examines the adaptation of the Ottoman Armenian playwright Hagop Baronian's Adamnapuyj aravelyan (1868) as Şark Dişçisi (The Oriental Dentist) (2011) by the Istanbul Metropolitan Municipality City Theatres (İBBŞT). While promoting confrontation with the past, Şark Dişçisi eliminates the crucial political insights of its source text and their ramifications for contemporary demands for historical justice regarding the 1915 Armenian Genocide. The intersection of revisionist theatre historiography and broader political dynamics in the adaptation process reveals the ambivalences of post-Genocide memory work in Turkey.

Topicality of K. Marx Economic Doctrine in Today’s Conditions Illustrated by Collective Management Functioning

The article analyzes the role of collective management enterprises as an example of practical application of Marxist economic theory in today’s market economy. The goal of the research is to search for suggestions appropriate for solving the problem of fair distribution of labour product illustrated by functioning of enterprises with collective forms of property in present day economy. This problem was elaborated in works by theoreticians of Marxist and neo-Marxist economic schools and in current conditions of private market economy. A positive aspect of the Marxist theory was identified in the sphere of fair distribution of labour product and aspiration for production democracy. Topicality of these problems in current social and economic conditions was demonstrated. Arising of the concept of public enterprises and its realization within the frames of different economic models was analyzed illustrated by such countries as the US, Great Britain, Italy and some others. Economic results of such enterprises were studied and their higher economic efficiency in comparison with enterprises of other forms of property was shown. The demand for justice in social and economic sphere of production in market economy was highlighted. Special attention was paid to the role of enterprises with collective forms of management in economic systems of Russia and China, the efficiency of collective enterprises was analyzed and legal aspects of their functioning were studied. As a result of the research certain drawbacks in collective enterprise work were revealed, for instance, undeveloped interaction with the banking environment, insufficient legal base of their functioning and poor information of the population. The article proved the importance of enterprises with collective form of management as a factor of labour productivity rising and underlined significance of the social aspect of their work. Topicality of the issue of social justice in labour product distribution was shown in the context of positive heritage of the Marxist theory. On the basis of the research key practical suggestions aimed at developing the system of enterprises with collective form of property were formulated.

Toward a Third Local Turn: Identifying and Addressing Obstacles to Localization in Peacebuilding

Localization in peacebuilding, development, and humanitarian work is grounded on the claim that principles of both justice and effectiveness demand a transfer of power from international to local actors, and thus a change in the current donor–recipient relationship and the way international cooperation works and is structured. Like any transfer of power, this creates opportunities and provokes resistance. This article conducts a structured analysis of secondary literature and publicly available contributions from Southern practitioners to identify obstacles to localization in peacebuilding and explore concrete entry points for mitigating them. The mitigation strategies seek to rectify persistent power imbalances between international and local actors in the peacebuilding field. The article's focus on practical steps toward localization helps to overcome the stuckness of the debate in the peacebuilding literature and move beyond the mere criticism of neoliberal peacebuilding. The article paves the way toward a third local turn in peacebuilding, which concentrates on how to achieve localization in everyday peacebuilding, focusing on its more radical, decolonial implications and avoiding the neutralizing effects of the incumbent, technocratic approach to peacebuilding.

The principle of justice in wartime legislation: theoretical and legal analysis

The article considers the principle of the fundamental principle of law ¬ – justice in the state wartime regulation. The concept of justice is one of the cornerstones and most relevant issues of jurisprudence worldwide. The system of fundamental principles of law includes the principles of justice, equality, freedom and humanism. Their valuable combination is the principle of the rule of law. Existential conditions of war determine the aggravation of the public need for justice and its reflection in the current legislation. The legislator must take them into account in the rulemaking work. This applies to both institutional and subjective justice. It is also important to take into account the understanding of the principle of justice in law as freedom, and law as a measure of freedom. In the context of justice, both positive and negative freedom acquire meaning. The war increases psycho-emotional tension in the society to the maximum level. Under such circumstances, Leon Petrażycki’s Psychological Theory of Law takes on special significance. As the human psyche adapts to social life, law changes accordingly. Attention to the issues of justice in legislation increases the importance of natural law. Just as the Second World War caused a return to natural law theories, the events of the Russian-Ukrainian war are going to increase attention to human rights and increase the social role of natural law theories. In the conditions of war, Ukrainians demonstrate a high level of legal culture. There was no rise in mob violence or illegal establishment of justice in the society. Therefore, it is in the context of the legal procedure that ensuring procedural justice and the requirements of the rule of law gain their particular importance. In the conditions of war, the value features of law acquire special importance compared to the instrumental ones. Ensuring the moral value of the law, strengthening the role of the fundamental principles – the principle of justice and the principle of the rule of law should be the way to satisfy the increased public demand for justice in legislation. Key words: fundamental principles of law, justice, institutional justice, principle of rule of law, Psychological Theory of Law, Natural Law Theories.

Justifying Sex in Arcadia

Abstract Philip Sidney’s Old Arcadia features two knights who commit instances of violent sex, for which they are sentenced to death. Ultimately, they are saved, and this essay asks why—and how—the language of self-abjection is used in the service of justice. Exploring the rhetorics of mercy and masochism, the essay examines the poetic justifications for violent sex that draw on the Petrarchan tradition. Sidney’s prose romance explores the social and narrative implications for living out the conventions of erotic poetry. His suffering lover occludes his violent actions by insisting that love is a mutual injury, and thus he is a victim too. Since it contains conventional apologies for ravishment, and provocations to touch, the blazon may also be considered a precursor to violent sex. Finally, Sidney rescues his knights, unpersuasively, with a marvelous and “strange conceit” that replaces the demands of justice with the demands of romance as a genre.

The forward-looking polluter pays principle for a just climate transition

ABSTRACT Climate justice demands polluters to take responsibility for both present and future harm caused by past GHG emissions and for future harm caused by future GHG emissions. One problem with this is double climate taxation: people living in historical polluting countries must both shoulder the burden of an effective and inclusive climate transition and repay the climate debt incurred by their predecessors. Although double climate taxation might be defensible on normative grounds, it risks making climate justice politically infeasible. I therefore maintain that global climate justice should focus on future, rather than past, climate harms. The forward-looking polluter pays principle (FL-PPP) can ensure both a cost-effective climate transition and a fair distribution of the climate burden, provided it is applied as follows: i) each country must introduce a carbon price calibrated to the global social cost of carbon; ii) each country must transfer part of carbon revenues collected at the country level to an international fund; iii) global carbon revenues must be redistributed on the basis of the country-level social cost of carbon. The FL-PPP burden can be made more progressive, moreover, if the formula for allocating global carbon revenues is adjusted through two coefficients, one consumption-based and one priority-sensitive.

The Commissioner vs the states: responsiveness and responsibility in European tax governance

ABSTRACT The European Union is the only international organisation that has a parliament where taxation is debated and legislated on. Along with foreign affairs and defense, however, taxation is also one of the few policy areas that is subject to unanimity voting among member-states. This creates a responsiveness-responsibility dilemma that the European Commission has tried to navigate by constructing responsiveness to public demands for tax justice as a political imperative. In this article, I apply the concept of ‘political work' to analyse EU tax policy between 2014 and 2019 and show the ways in which the politics of responsiveness partly eroded the institutional constraints of responsibility vis-à-vis member states. As I document, the Commission’s political work was initially successful but then lost momentum, as a handful of governments managed to veto efforts in the Council and push the issue to the OECD, where it was stalled by the United States until the election of Joe Biden.

Moral injury and moral traps in teaching: Learning from the pandemic

ABSTRACT The construct of moral injury is usually utilized to understand cases in which individuals perform or witness actions they consider morally wrong. In this paper, we suggest the construct of moral trap, which entails circumstances in which teachers face pressure to act but are unable to simultaneously meet the demands of care, justice, and truthfulness because of systemic conditions. Using grounded theory, we present the analysis of ten semi-structured interviews with teachers from four U.S. states. We found three different types of entrapment: teachers attempting to enact and/or advocate for social justice, attempting to care for their families, and attempting to care for their professional identities. Implications for teacher education include a need to prepare teachers for navigating multiple moral demands and for coordinating with other teachers to advocate for social change. Implications for policy include a need to provide greater wrap-around supports for educational equity.

Tech worker activism against gender discrimination in China

This article discusses the discriminatory, anti-women workplace culture in China’s tech industry and how tech workers organise online activism in response. In August 2021, an online petition broke out to demand justice for a sexual crime victim at the Chinese e-commerce enterprise Alibaba. This is a powerful example of digital activism leaping beyond the constraints and challenges of labour organising in the global tech sector. The article shows how social media could bring new possibilities to the tech worker movement in both authoritarian and democratic countries.

The application of a racial equity and social justice framework to examine community college leadership

AbstractThe national demand for social justice, racial equality, and criminal justice reform rightfully and painfully continues to sweep the consciousness of this nation. Community colleges were founded on educational excellence, opportunity, and access and should reflect principles of equity, justice, and community. This mission calls upon us, the most egalitarian institutions, to lead by example by making structural and permanent changes to root out the ill effects of racism and bias from our classrooms, curriculum, and workplace. In this paper, we examined equity‐minded leadership, culture, and climate at the Los Angeles Community College District, the nation's largest, and their efforts to transform their institutions, guided by their Framework for Racial Equity and Social Justice. The Framework speaks to the values of the District and directs specific action steps and commitments that will allow the colleges and District to actively build anti‐racist organizational capacity and resilience and move forward towards a more socially and racially‐just academic community.

Fuel for the Fire: How Emotion Deals with the Social Movement in Hong Kong’s Summer of Dissent

ABSTRACT Adopting a non-divisive strategy regarding the Anti-Extradition Law Amendment Bill (Anti-ELAB) movement transformed Hong Kong’s social movement activities when they began in February 2019. Although issues surrounding the 2019 summer of dissent have been widely documented, the personal stories of the activists have largely gone unnoticed. Drawing on emotion as a conceptual framework in social movement studies, emotion informs two crucial aspects of the movement. First, emotion helps explain how kinship relations were forged between many social activists even though they were biologically unrelated. Second, emotion was operationally manifested in negative and positive expressions. Not only anger, hatred, and despair but also bonding through devotion, camaraderie, and solidarity to form sisterhood and brotherhood. This article presents the personal experiences of 33 young activists through in-depth interviews, two reflecting focus groups, and participant observation. Activists reported a robust collective identity as Hong Kong youth and protested in support of Hong Kong’s core values and democracy rather than stand by and watch passively, indulging themselves in self-centered, materialistic pursuits. Emotion in the Anti-ELAB movement was developed in three ways: 1) demands for justice and the formation of a collective identity; 2) the formation of strong emotional bonds of brotherhood and sisterhood; 3) the emergence of a diffused, leaderless social movement facilitated by technologies. Thus, the activists’ perspectives enrich the discussion on an important yet underdeveloped area regarding the role of emotion in social movement research.

Collectivizing justice: Participatory witnessing, sense memory, and emotional communities

This article describes and analyzes the practices made possible by the temporary exhibition of AMA y No Olvida, Museum of Memory Against Impunity, a community and transmedia museum project in Nicaragua, in tandem with the embodied performances of the families of the victims of state violence and visitors during repression and a state of exception. I theorize how the witnessing performed by the audience surpasses the framework of memory museums for human rights with a participatory framework that uses activist and performative expressions. Participatory witnessing is made possible by expanding the exhibition into a performative and political space in which society at large can participate and witness the victims’ struggle for justice through sharing intimate experiences of embodied pain and grief and demands for justice and reparations. Such witnessing then creates an emotional community with solidarity and a moral and political commitment that recognizes and centers the victims as active survivors, activists, and protagonists.

Embedding Justice Considerations in Climate Resilience

ABSTRACT This article contributes to recent work on justice in resilience-based projects for climate adaptation. At present, the model commonly used for guiding normative reflection in this domain is the tripartite model of justice, whereby justice is seen as comprising distributive, procedural and recognitional aspects. After discussing some conceptual problems and practical shortcomings of this model, we propose an alternative model with six forms of justice or kinds of justice demands: distributive, procedural, intergenerational, restorative and retributive justice, and justice in system outcomes. We also illustrate some advantages of this model with respect to representative accounts of the tripartite model.

(Re)signifying the Past of Violence: Emerging Memories and Voices at Colombia’s National Strike in 2021

ABSTRACT The 2021 National Strike in Colombia laid bare social discontent exacerbated by structural inequalities in its society. It provided a much-needed platform for those historically excluded voices, including those of young people. They raised their voices to challenge the meanings of the violent past to construct an activist and politicized citizenship. I will analyze from a discursive-performative stance the meanings that emerge in the protest taking as corpus two graffiti. These materials’ irruptions give room to doubts, complaints, demands of justice, and new questions about the memories of violence as they open the space to a political we.

Politics of Recognition and Caste among Muslims: A Study of Shekhra Biradari of Bihar, India

The caste system among Muslim society has long been an ignorant point of debate in academia. But in recent times it emerged as a thoughtful discourse. The sociological study finds that Muslim society of India is divided into three major social groups, Ashraf, Ajlaf, and Arzal. Most Muslims of India belong to the latter two groups. The present study is an attempt to give an insight into an Arzal caste known as Shekhra. Shekhra has an occupational history of bone picking. The article will discuss how the struggle for social recognition harmed their demand for redistributive justice (reservation). They have been included in the Central OBC and in EBC in Bihar. However, later, reservation has been denied because of their self-misrecognition as Sheikh Biradari. The study is an attempt to explore the reasons behind it and suggests the possible way to find a solution.