Theories Of Distributive Justice Research Articles

JUSTICE OF COMPENSATION FOR APPROPRIATION FOR THE PURPOSE OF OPENING ROADS IN JORDANIAN LAW (A COMPARATIVE STUDY)

Objective: This study aims to define the concept of fair compensation, and how the Jordanian constitution gives the ordinary legislator the authority to determine the nature of fair compensation so that he may stipulate deducting part of the property free of charge, or did the constitutional legislator grant the ordinary legislator the authority to determine how to estimate the value of fair compensation as stated in Comparative legislation. Theoretical Framework: The study employs a theoretical framework rooted in distributive justice theory, particularly drawing upon the perspectives of Rawls, Nozick, and Sen, the study evaluates the principles underlying fair compensation and its practical application in legal systems. Design/Methodology/Approach: This study follows a comparative analytical descriptive approach in dealing with the position of comparative legislation on fair compensation in the first requirement, and we will devote the second requirement to the position of the Jordanian legislator on fair compensation stipulated in Jordanian legislation. Result: The results of the study showed that appropriation for the public benefit has become recognized in constitutions and comparative legislations, as these legislations have defined the procedures for obtaining real estate to be appropriated in order to achieve the public benefit, and these legislations also included the principle of the owner's right to receive fair compensation that compensates the damage caused as a result of appropriation. Research, Practical & Social Implications: The study concluded that the legislations have differed in how to estimate fair compensation, some of which stipulate that the compensation must be complete without taking into account the impact of ownership on the remaining parts of the property and neighboring properties, and some of which introduced the concept of a free quarter such as the Jordanian law of ownership in the acquisitions of roads. This study came to show the fairness of the free quarter deduction in the acquisition of roads in the Jordanian acquisition law compared to what is applied in the comparative legislation. Originality/Value: The study provides original insights into the concept of fair compensation in Jordanian law, offering recommendations for legislative reforms to enhance distributive justice in expropriation cases.

Comparative view of Sandel's Distributive Justice Theory

In Western political thought, distributive justice has always been an important issue. Utilitarianism, liberalism and communitarianism represent three different views of distributive justice, but they try to solve the same problem, the inequality of income and wealth. Utilitarianism aims at welfare maximization, liberalism takes respect for freedom as its starting point, and communitarianism, represented by Sandel and MacIntyre, advocates Aristotle's deserved theory with the aim of promoting virtue and taking unity as the banner against inequality. This paper takes Sandel's Liberalism and the Limits of Justice as the core of the study, captures the central proposition of distributive justice from the standpoint of communitarianism, introduces the Marxist distributive justice principles of Marx and Cohen, and compares and interprets the characteristics of Sandel's communitarian distributive justice theory from a perspective different from utilitarianism and liberalism. Finally, based on the principles of Marxist view of justice, this paper briefly expounds the theoretical value, limitation and practical possibility of Sandel's distributive justice theory and communitarian view.

Reflective equilibrium in practice and model selection: a methodological proposal from a survey experiment on the theories of distributive justice

In political philosophy, reflective equilibrium is a standard method used to systematically reconcile intuitive judgments with theoretical principles. In this paper, we propose that survey experiments and a model selection method—i.e., the Akaike Information Criterion (AIC)-based model selection method—can be viewed together as a methodological means of satisfying the epistemic desiderata implicit in reflective equilibrium. To show this, we conduct a survey experiment on two theories of distributive justice, prioritarianism and sufficientarianism. Our experimental test case and AIC-based model selection method demonstrate that the refined sufficientarian principle, a widely accepted principle of distributive justice, is no more plausible than the prioritarian principle. This tells us that some changes of certain intuitions revolving around sufficientarianism should be examined (separately) based on the findings of the survey experiment and AIC model selection. This shows the potential of our approach—both practically and methodologically—as a novel way of applying reflective equilibrium in political philosophy.

JUSTICE OF COMPENSATION FOR APPROPRIATION FOR THE PURPOSE OF OPENING ROADS IN JORDANIAN LAW (A COMPARATIVE STUDY)

Objective: This study aims to define the concept of fair compensation, and how the Jordanian constitution gives the ordinary legislator the authority to determine the nature of fair compensation so that he may stipulate deducting part of the property free of charge, or did the constitutional legislator grant the ordinary legislator the authority to determine how to estimate the value of fair compensation as stated in Comparative legislation. Theoretical Framework: The study employs a theoretical framework rooted in distributive justice theory, particularly drawing upon the perspectives of Rawls, Nozick, and Sen, the study evaluates the principles underlying fair compensation and its practical application in legal systems. Design/Methodology/Approach: This study follows a comparative analytical descriptive approach in dealing with the position of comparative legislation on fair compensation in the first requirement, and we will devote the second requirement to the position of the Jordanian legislator on fair compensation stipulated in Jordanian legislation. Result: The results of the study showed that appropriation for the public benefit has become recognized in constitutions and comparative legislations, as these legislations have defined the procedures for obtaining real estate to be appropriated in order to achieve the public benefit, and these legislations also included the principle of the owner's right to receive fair compensation that compensates the damage caused as a result of appropriation. Research, Practical & Social Implications: The study concluded that the legislations have differed in how to estimate fair compensation, some of which stipulate that the compensation must be complete without taking into account the impact of ownership on the remaining parts of the property and neighboring properties, and some of which introduced the concept of a free quarter such as the Jordanian law of ownership in the acquisitions of roads. This study came to show the fairness of the free quarter deduction in the acquisition of roads in the Jordanian acquisition law compared to what is applied in the comparative legislation. Originality/Value: The study provides original insights into the concept of fair compensation in Jordanian law, offering recommendations for legislative reforms to enhance distributive justice in expropriation cases.

Isolationism, instrumentalism and fiscal policy

Abstract When reading contemporary theories of distributive justice, one could easily get the impression that questions of fiscal design are normatively speaking merely instrumental for realizing the distributive ideal. Once the overall conception of justice is settled upon, questions of how the state should arrange its institutions and policies are settled if they effectively and efficiently promote the preferred distribution. I argue that such pure instrumentalism is mistaken in the context of fiscal policy. As a result, there is nothing problematic or morally arbitrary about accepting domain-specific principles of fiscal justice.

Co-workers’ perceptions of the distributive justice of idiosyncratic deals – the roles of content, timing, and justice sensitivity

Research to date creates a predominantly positive image of idiosyncratic deals (i-deals). However, since i-deals lead to differences in employment relationships, they can trigger perceptions of unfairness and negative reactions among co-workers, thereby posing a threat to the overall effectiveness of i-deals. Against this background, it is important to gain more insights into how co-workers’ perceptions of distributive justice are shaped. Building on distributive justice theory and integrating distributive justice principles with the roles of emotions and personality, this study investigates three factors that are likely to influence co-workers’ perceptions of the distributive justice of an i-deal: the i-deal’s content, the negotiation’s timing, and co-workers’ justice sensitivity. The results of the vignette-based, between-subjects quasi-experimental study with 650 employees show that these three factors influence co-workers’ perceptions of an i-deal’s distributive justice. In addition, the results of the study reveal interaction effects between the factors under investigation. By examining what influences co-workers’ perceptions of distributive justice, this study contributes to a better understanding of i-deals from a third-party perspective and highlights that some types of i-deals, in terms of content and timing, should be approached with particular caution by supervisors.

사회 정의 관점에서의 아동 교육복지 정책 분석

[Purpose] This study investigates educational welfare policies to address the widening educational disparities among low-income children and adolescents under increasing social polarization. It focuses on analyzing the enactment of social justice in the Head Start program in the USA, Sure Start in the UK, and Dream Start in South Korea.
 [Methods] Employing Gewirtz and Cribb's(2002) plural models of social justice, an extension of John Rawls' theory of distributive justice, this study examines the threefold aspects of 'distributive, cultural, and organizational justice' in these policies.
 [Results] Key findings highlight that these policies variously achieve distributive, cultural, and organizational justice through effective resource allocation, information accessibility, recognition of beneficiary diversity, and democratic participation. Specific emphasis is placed on the need for equitable information distribution in distributive justice, acknowledgment of diversity in cultural justice, and democratic stakeholder participation in organizational justice.
 [Conclusion] The study underscores the necessity of exploring how these justice dimensions interact and coexist, proposing policy recommendations for the future trajectory of child education welfare.

Telaah filosofis tentang keadilan kontributif dan Martabat kerja manusia serta implikasinya bagi Paradigma ekonomi

<p>Abstract This article aims to present the limitations of distributive justice theory as a conceptual foundation of the paradigm of the growth and prosperity in economy, and then proposing the idea of contributive justice and the dignity of human work as a new economic paradigm. Why is contributive justice important, and what is its relevance in the discourse of economic paradigm? By using the method of literature study and critical analysis, this article indicates that the idea of contributive justice is essential to overcome the lack of distributive justice. The distributive justice fails to understand that human labour is not only economic. Human labor is not just an instrument for consumption purpose. Human labour is essentially social and cultural. Based on the very idea of contributive justice, human labour is a source of individual self-social esteem, the way of contributing for common good and winning the social recognition from the society. Amid the global economic competition that intensifies the social and economic inequality, contributive justice offers the idea of dignity of human work as a new paradigm of economy. This article concludes that economic efforts in the 21st century, both in the global and in Indonesia, must consider<br />the dignity and value of human work.</p><p><br />Key Words : Distributive justice; contributive justice; economy; the dignity of human work.</p>

Возможна ли теория дистрибутивной справедливости, основанная на этике добродетели?

The problem of social justice plays one of the central roles in modern political philosophy, and since 1970s it has been subject to vehement debate. Although social justice is a multifaceted phenomenon, distributive (economic) justice, associated with the fair distribution of goods in society, remains its most important aspect. Almost all modern theories of distributive justice follow one of the two classical ethical traditions: deontological and utilitarian. However, since the second half of the 20th century, a third ethical tradition has started to emerge — virtue ethics, whose proponents criticized both deontology and utilitarianism. The emphasis on virtue that lies at the heart of the new tradition assumes a shift in focus from a universal rule to individual decisions of a separate person. This change in perspective makes it much more difficult to use virtue ethics to construct theories of social justice. Nevertheless, such attempts are being made. Among them is the so-called capabilities approach of the American philosopher Martha Nussbaum, which has become quite widely known in the scientific community. Nussbaum has reconsidered Aristotle’s philosophy, updating its key provisions for the modern world. By shifting the main focus from the category of virtue to the category of opportunity, she attempted to justify the idea of an “Aristotelian welfare state” with a high level of redistribution of goods in society. The article is devoted to the analysis of Nussbaum’s concept. Having carefully considered its key tenets, D.Balashov shows that this experience of building a political and philosophical theory of justice on the basis of virtue ethics was not crowned with success. Although declared as Aristotelian in spirit, the capabilities approach in fact has a weak relation to Aristotle’s teachings, which, in particular, points to the problems that modern authors face when they are trying to draw on the heritage of the distant past.

Adoption of Different Housing Models to Access Housing by Households in Nairobi County

Purpose: This study aimed to evaluate adoption of different housing models to access housing by households in Nairobi County.
 Methodology: Employing a descriptive research design, the study investigates the impact of housing regulations on housing access through mortgage and cooperative models. The research sample comprises 385 households, CEOs of housing financing organizations, and government officers.
 Findings: The study reveals that adoption of housing model is shaped by diverse factors. The residency duration reflects both long-term and newer residents, highlighting the dynamic interplay of urban growth and migration. Notably, 35.0% of respondents have lived in their current houses for "4 - 6 years," emphasizing housing stability. The prevalent adoption of the Incremental (34.4%) and Cooperative Models (33.4%), alongside 41.4% awareness of the Mortgage Model, signifies residents' adaptability in navigating financial avenues for homeownership. Challenges like high construction costs persist, with 80% of Nairobi's population residing in informal settlements and slums. Strengthening regulatory frameworks is crucial, and policymakers should address financial barriers. This study provides insights for creating an inclusive and sustainable housing environment, essential for the 59.2% of renters expressing aspirations to transition into homeownership in Nairobi County. In conclusion, the housing landscape in Nairobi County, particularly Ruai Sub-County, reflects a mix of long-term and newer residents, emphasizing housing stability. The prevalent adoption of Incremental and Cooperative Models, along with awareness of the Mortgage Model, indicates residents' adaptability in pursuing homeownership.
 Unique Contribution to Theory, Practice and Policy: Utilizing the Public Interest Economic Regulation Theory (PIERT), the Q Theory of Housing Investment, and the Theory of Distributive Justice, the research explores the interplay between government regulations, market forces, and social equity in the context of affordable housing. To address challenges, policymakers should strengthen regulatory frameworks, enhance financial policies, and promote diverse housing models. Public awareness campaigns are vital. Recommendations include tailored financial products and inclusive strategies to meet the varied needs of the population. These measures aim to create an enabling environment for accessible and sustainable housing in Nairobi County, benefiting both existing and aspiring homeowners.

The Effect of Horizontal Pay Transparency on Employee Motivation When Pay Dispersion Is Performance Based and Non-Performance Based

ABSTRACT The movement toward pay transparency within firms has intensified. We investigate the effect of horizontal pay transparency on employee motivation in a broader information environment where (1) performance-based and non-performance-based pay dispersion coexist and (2) relative performance information allows employees to alleviate pay dispersion ambiguity in order to assess the basis of any pay dispersion that pay transparency reveals. Drawing on distributive justice theory, we predict and find that pay transparency differentially affects employees’ motivation based on what it reveals about their relative standing while working under the same performance incentives. Specifically, it depends on whether they are underpaid, overpaid, or their relative pay aligns with their relative performance. Our analysis provides additional insights related to these three scenarios, and in doing so, our study highlights the importance of considering employees’ broader information environment when considering the potential benefits and costs associated with pay transparency. Data Availability: Data are available from the authors upon request.

Winter is coming: How laypeople think about different kinds of needs.

Needs play a key role in many fields of social sciences and humanities, ranging from normative theories of distributive justice to conceptions of the welfare state. Over time, different conceptions of what counts as a need (i. e., what is considered a normatively relevant need) have been proposed. Many of them include (in one way or the other) needs for survival, decency, belonging, and autonomy. Little work has been done on how these kinds of needs are evaluated in terms of their significance for distributive justice. To begin closing this gap, we investigate the role of the four aforementioned kinds of needs for impartial observers. We do so in two empirical studies. The first study asks participants to evaluate the importance of each of the four kinds of needs separately. We find that different levels of importance are attributed to the kinds of needs, which places them in a hierarchy. The second study asks participants to make distributive decisions. Results further support the hierarchy found in the first study and, additionally, reveal that participants tend to make coherent allocation decisions.

Challenges Hampering Adoption of Different Housing Models to Access Housing by Households in Nairobi County

Purpose: This study aimed to assess the challenges hindering the adoption of diverse housing models for household access to housing in Nairobi County, Kenya. Utilizing the Public Interest Economic Regulation Theory (PIERT), the Q Theory of Housing Investment, and the Theory of Distributive Justice, the research explores the interplay between government regulations, market forces, and social equity in the context of affordable housing.
 Methodology: Employing a descriptive research design, the study investigates the impact of housing regulations on housing access through mortgage and cooperative models. The research sample comprises 385 households, CEOs of housing financing organizations, and government officers. By analyzing the usage prevalence of housing models, the study delves into challenges such as high-interest rates, limited mortgage financing access, and insufficient awareness about housing options. The research employs a nuanced approach, considering the competitive dynamics within the housing sector and the need for equitable resource distribution.
 Findings: The study reveals that the mortgage model is most prevalent (41.4%), followed by the incremental model (28.0%) and cooperative model (23.7%). High-interest rates, restricted mortgage financing access, and inadequate awareness about housing options emerge as significant challenges hampering housing model adoption. Additionally, housing regulations, vital for safety, impact affordability, with 39.2% of respondents acknowledging this influence. 
 Unique Contribution to Theory, Practice and Policy: This study contributes valuable insights to the existing body of knowledge by synthesizing the PIER, Q Theory of Housing Investment, and Theory of Distributive Justice. The study therefore validates these theories by offering a comprehensive understanding of the intricate interplay between regulations, market dynamics, and social equity in the adoption of affordable housing models. The recommendations, including lowering mortgage interest rates, enhancing financing access, promoting awareness about housing models, and fostering collaborative efforts among stakeholders, provide actionable strategies for policymakers, practitioners, and researchers to improve housing access in Nairobi County.

Stakeholder perspectives on fairness in the marketplace: Empirical evidence from the Kenyan alcohol market

Issues of fairness relate to distributive justice (DJ), which is concerned with how a society distributes benefits and burdens. Whilst marketing theory has considered fairness in the distribution of basic goods, we lack insight into stakeholder perspectives on fairness for goods such as alcohol, which can be problematic, due to their global health and social burden. This study examines stakeholder perspectives on fairness from the Kenyan alcohol marketplace. Using longitudinal ethnographic data, we draw on two DJ theories, (egalitarianism and prioritarianism), to examine fairness perspectives of different stakeholders, their problem diagnosis, and proposed solutions to fairness challenges in the alcohol marketplace. By so doing, we give voice to previously unheard stakeholders, and expose some of the potential theoretical foundations for competing notions of fairness. The study also exemplifies the linkages between different forms of fairness and proposes a fairness chain as a framework for evaluating fairness in the marketplace.

Not So Ambitious? Indonesia’s Coal Dependence Amidst The Era of Energy Transition

Indonesia ratified the Paris Agreement to combat climate change and pledged to reduce its carbon emissions. This commitment, however, contrasts Indonesia's development plan under Joko Widodo's administration. His policy has enabled the development of additional power plants, hence perpetuating Indonesia's reliance on coal. Thus, it is essential to examine why Indonesia is still struggling to break free from its dependence on coal, despite its ambitious goal to tackle climate change. This paper will apply the Copenhagen School's securitisation theory to explore how security is defined and shapes Indonesia's energy transition process. Furthermore, this research will use distributive and procedural justice theory to examine the decision-making process and climate change policy implementation. In order to accomplish so, we will employ qualitative methods such as desk studies, which will comprise academic literature as well as government statements and regulations. This paper argues that Indonesia's energy transition is impeded by how other security issues are prioritised above climate change. In addition, the lack of justice principles in the climate policy formulation and implementation has contributed to Indonesia's reliance on coal. Since Indonesia is the world's largest coal exporter and one of the top ten global polluters, this study intends to contribute to identifying challenges in the transition to renewable energy.Keywords: Indonesia; coal dependence; energy transition; securitisation; distributive and procedural justice

Keadilan Distributif Atas Pembagian Harta Bersama yang Digunakan Sebagai Sompa Perkawinan Bugis Secara Sepihak

Joint assets are in the continuity of marriage until the marriage ends due to divorce, death, or because of a court decision, as well as the end of the marriage as regulated in Article 38 of the Marriage Law. Joint assets give the impact that ownership is jointly owned by husband and wife. The purpose of this study is to analyze the application of the theory of distributive justice to the division of joint property that is used as sompa unilaterally in Decision Number 276/Pdt/2020/PT Mks. Through legal research with normative juridical research methods, the following research is produced. In terms of the theory of distributive justice, the distribution of joint assets used as dowry sompa unilaterally with a portion of ½ for men and ½ for women do not fully contain the value of justice, because in this distribution it is necessary to consider the size of the business of the parties in the acquisition of the assets so that the parties get rights based on what they earn.

Discrimination Based on Personal Responsibility: Luck Egalitarianism and Healthcare Priority Setting.

Luck egalitarianism is a responsibility-sensitive theory of distributive justice. Its application to health and healthcare is controversial. This article addresses a novel critique of luck egalitarianism, namely, that it wrongfully discriminates against those responsible for their health disadvantage when allocating scarce healthcare resources. The philosophical literature about discrimination offers two primary reasons for what makes discrimination wrong (when it is): harm and disrespect. These two approaches are employed to analyze whether luck egalitarian healthcare prioritization should be considered wrongful discrimination. Regarding harm, it is very plausible to consider the policies harmful but much less reasonable to consider those responsible for their health disadvantages a socially salient group. Drawing on the disrespect literature, where social salience is typically not required for something to be discrimination, the policies are a form of discrimination. They are, however, not disrespectful. The upshot of this first assessment of the discrimination objection to luck egalitarianism in health is, thus, that it fails.

QUESTIONING DAY ZERO: RIGHTS, PROVISION, AND WATER INEQUALITY IN SOUTH AFRICA

The City of Cape Town experienced one of its worst droughts in 2015–2018, resulting in the Cape Water Crisis. This crisis revealed existing and new inequalities in how the city distributed water. I conducted fieldwork in the township of Khayelitsha in Cape Town, South Africa, against the backdrop of the crisis, to investigate how the city’s response to the drought worsened water inequality in informal settlements. Geography and poor water governance negatively affected water service delivery within the city, and townships as contested spaces faced the greatest inequality. I analyzed the city’s water management policy and strategies, conducted in-depth interviews with service providers who dealt directly with water distribution in Khayelitsha, and interviewed residents in different settlements of the township. As water inequality is relative, the study required a comparative basis to make the argument of unequal distribution using John Rawls’ theory of distributive justice. Literature at the time, in general, looked at inequality across different and distant settlements, with comparisons between the township as a monolith and the central business district and suburbs. I focused on inequality by studying two settlements within the same township. Although water inequality was caused by spatial inequality, it is upheld by a host of sociopolitical factors. The South African Constitution may enshrine water as a basic human right, but experiences from Khayelitsha reveal a cost-recovery model for water service delivery that prioritizes paying customers and disregards the poor.

Translating theories of justice into a practice model for triage of scarce intensive care resources during a pandemic.

During the COVID-19 pandemic, national triage guidelines were developed to address the anticipated shortage of life-saving resources, should ICU capacities be overloaded. Rationing and triage imply that in addition to individual patient interests, interests of population health have to be integrated. The transfer of theoretical and empirical knowledge into feasible and useful practice models and their implementation in clinical settings need to be improved. This paper analyzes how triage protocols could translate abstract theories of distributive justice into concrete material and procedural criteria for rationing intensive care resources during a pandemic. We reconstruct the development and implementation of a rationing protocol at a German university hospital: describing the ethical challenge of triage, clarifying the aspirational norms, and summarizing specific norms of fair triage and allocation for developing an institutional policy and practice model and implementing it. We reflect on how critical topics are seen by clinicians and what helped manage the perceived burdens of the triage dilemma. We analyze what can be learned from this debate regarding the difficult issues around triage protocols and their potential implementation into clinical settings. Analyzing the ought-to-is gap of triage, integrating abstract ethical principles into practical concepts, and evaluating those should clarify the benefits and risks of different allocation options. We seek to inform debates on triage concepts and policies to ensure the best possible treatment and fair allocation of resources as well as to help protect patients and professionals in worst-case scenarios.

КОНЦЕПЦИЯ «БЛАГОПОЛУЧИЯ НА РАБОЧЕМ МЕСТЕ» КАК ЧАСТь СОВРЕМЕННыХ КОРПОРАТИВНыХ ПРОГРАММ УПРАВЛЕНИЯ ПЕРСОНАЛОМ

This article discusses the essence and features of the formation of one of the modern corporate programs for personnel management — workplace well-being concept (WPWBC). It is noted that the main goal of this concept is to increase the level of well-being of personnel, their deep and productive involvement in the company’s activities. The main components that affect the productivity of workers from the position of the WPWBC are considered. These are programs that affect: physical and psychological health , a comfortable working environment, financial well-being and professional growth. The essence of these components and the advanced directions of their development are analyzed. The relationship between the theory of justice and WPWBC is shown. The theory of distributive justice is based on the belief that employees become demotivated towards their job and their employer if they believe that their contribution is greater than what they receive as a result of their work in the organization. According to this theory, finding a fair balance between what employees contribute and what they receive in the organization serves the purpose of ensuring a strong and productive relationship between the organization and the employee.