Doctrine Of Justice Research Articles

Thinkers of Russia of the XV-XVI Centuries About Justice

At the end of the XV–XVI centuries, Russian religious and secular thinkers discussed a number of issues related to the formation of a sovereign state, the formation of a permanent army subordinate to the head of state, the organization of power, administration and judicial proceedings in the country. The topic of righteous judgment, discussed back in the XI–XIII centuries, was not only in demand, but also became the focus of attention of prominent thinkers and publicists of that time. The authors analyze the works of Russian philosophers who defined the foundations of the doctrine of justice in Russia of the late Middle Ages and have not lost their significance in the modern period. The scientific article completes the cycle “Medieval Russian thinkers about justice”, which includes articles besides it: “The first words about justice in Russia (The Election of 1076 and ‘Bee’)” and “Russian thinkers of the XI–XIII centuries about justice”. Knowledge of the past is important for the future and allows not to repeat its mistakes, and therefore the problem chosen for research remains relevant and needs further study.

THE LONG ARM OF UNITED STATES LAW IN WARTIME: POTENTIAL UKRAINIAN SUITS FOR RUSSIAN ATROCITIES

This article makes a legal argument that Ukrainian victims of Russia’s war of aggression can sue for damages in U.S. courts. The extraterritorial reach of the Alien Tort Claims Act enables noncitizens to seek redress for harm caused by violations of treaty or customary law. Russian forces in Ukraine have violated the 1907 Hague Convention and the Nuremberg precedent. The U.S. Supreme Court, like the British House of Lords, takes exception to International Court of Justice doctrine that says high officials of a foreign state enjoy absolute sovereign immunity. The I.C.J. rule does not protect most sub-cabinet officials. The Foreign Sovereign Immunity Act recognizes immunity of a foreign state but not its officials at any level, and never in a “terrorism” case. Ukraine’s president asked Washington to designate Russia as a terrorist state, which would allow Ukrainians having certain U.S. connections to sue the the Russian Federation. Even without a “terrorism” finding, the Alien Tort Claims Act lets any injured Ukrainians sue individual Russians for violations of the law of war. Assets held in the U.S. or U.K. by defendants found liable may be subject to seizure and used to satisfy civil judgments in wartime cases.

К вопросу о теории справедливости Джона Ролза

The political processes that took place in the world after the Second World War required a new philosophi-cal understanding, since the utilitarian approach, which dominated the Anglo-American political tradition for a long time, could not fully fulfill this task. John Rawls, from whom the revival of political philosophy began, proposed his own version of the solution of the accumulated theoretical problems, which met the social and po-litical demands of his time. Moreover, Rawls was practically the first to put justice at the center of political and philosophical thought. The problem of justice has been the subject of attention of philosophers since Antiquity, however, the doctrine of justice was the components of social and moral teachings in general, while traditionally the main issue for political philosophy was the question of power, its political organization and legitimacy. The purpose of the article is a scientific analysis of the political and philosophical legacy of John Rawls. Rawls dem-onstrated that the political organization of power is derived from how we understand ethical norms and what norms (rules) we are guided by in social interaction, therefore the main issue of political philosophy is not the question of power, but the question of justice. In addition, he was convinced that political freedom is closely re-lated to equality. The methodological basis included the dialectical method, a group of general scientific methods of cognition – the method of analysis and synthesis, the structural method, as well as private scientific ones - formal legal and comparative legal methods. It is concluded that Rawls’ theory of justice had a decisive influence on the political philosophy of the twentieth century, the development of which largely took place on the basis of criticism or reception of his ideas. Today we are witnessing the beginning of a break with the tradition of which Rawls is the spokesman and which assumes that the political is based on the possibility of consensus and ethical agreement. However, the current development of political philosophy is also closely related to the rethinking of Rawls’ legacy, which we see, in particular, in the development of so-called “imperfect” political theories.

Aristoteles'in Adalet Anlayışı

Aristotle paints a very different policy portrait from today's policy understanding. According to him, politics is the most important condition for the human being to be happy, virtuous, and more importantly, human. Depending on this perspective, the doctrine of justice is also shaped. According to him, justice, to the extent that it deserves the right to give. The determination of the right should be done according to the nature of what is distributed. In other words, what is distributed should be given to someone who is in accordance with the nature of that thing, not according to criteria such as wealth and nobility. Aristotle not only sees justice as distributing a share but also speaks of two different types of justice, corrective and exchange justice. This study aims to contribute to the solution of today's political problems by examining Aristotle's relationship between politics, virtue and justice.

Воззрения о правосудии в трудах отечественных и зарубежных полицеистов (XVIII — начала XX вв.)

The article is devoted to a comprehensive study of the views on justice in the writings of domestic and foreign policemen (XVIII — early XX centuries). Particular attention is paid to the theory and practice of the police organization and activities, the police function of the state. The idea that problems of development of justice did not constitute a special subject of studying foreign and domestic policemen is substantiated. At the same time, on the basis of the analysis of the research topic, the conclusion is drawn that in the science of police law and the state the issues of the correlation between the administrative and the judiciary have a definite expression and, in this connection, it is appropriate to raise the question of the presence in the views of the police officers of certain elements of the doctrine of justice.

Câteva considerații despre virtutea creștină a dreptății. Conceptul de dreptate – îndreptare

In the context of theories and discussions about justice, launched and developed over time in the literature belonging to the social sciences, Orthodox doctrine explains justice in close connection to human participation in the life of the Church and his progress to salvation. Thus, in its concretization, justice is not foreign and must not be separated from the reality of subjective correction or salvation, from the reality of man’s vocation. In the Christian sense, both terms – justice and justification – render, in a complementary and solidary way, the same reality regarding the finality towards which the Christian is heading, deification. The concept of justice-justification has the role of best reflecting the teaching about Christian justice; at the same time, it is the starting point and the core of Christian doctrine of justice.

Изменение доктрины ювенальной юстиции под влиянием идей гуманизма и наук о человеке (на примере концепции индивидуализации обращения с правонарушителем)

Изменение доктрины ювенальной юстиции под влиянием идей гуманизма и наук о человеке (на примере концепции индивидуализации обращения с правонарушителем)

Ronald Dvorkin’s political and legal ideas – general-civilization standard of legal life

In this article the basic legal ideas of Ronald Dworkin are reflected. An analysis of the scientific works of the innovator of the law is carried out. The relation of the scientist to other philosophical and legal concepts is clarified and on this basis his definitive approaches to the basic categories of legal matter are distinguished. The article outlines the basic political and legal views of the scientist, who form the civilization standard of legal life. In particular, the scientist's views on the correlation of law with morality, politics, economy, and religion were evaluated. The article reflects four stages of R. Dworkin's scientific work and states that the work of the innovator was directly and indirectly influenced by the works of many scientists of the time, including Herbert Garth, John Rawls, Isaiah Berlin. The authors' main conclusions are as follows: first, the Ronald Dworkin doctrine is characterized by three main areas of scientific exploration: the concept of law, the doctrine of justice, the theory of values. Definition of vectors of scientific researches of a scientist is directly connected with the essential socio-cultural processes that have occurred during his activity. Second, Ronald Dworkin has based his theory in each of these areas most often on the basis of counter-argumentation against other theorists. The ideological inheritance united in a single general concept is subordinated to uniform principles. Third, when analyzing and evaluating the theoretical work of Ronald Dworkin, it should be noted that most of his publications were not originally intended as independent works, but were collections of previously published journal articles. The scientist has often rethought his ideas earlier, bringing new meaning to them. His legal ideas went beyond law; he considered it expedient and useful to be able to judge the law, taking into account the content and nature of politics and morality.

Explaining Job Satisfaction and Commitment Among Prison Officers: The Role of Organizational Justice

The organizational justice doctrine has been applied widely in understanding the performance of criminal justice institutions. Although most of the research has been conducted in the West, few studies have focused on postcolonial societies. Given the importance of cross-cultural investigations, the current study attempts to test the validity of organizational justice theory in Ghana by exploring how key organizational justice components impact correctional officers’ perception of job satisfaction and job commitment. The results reveal significant support for organizational justice hypotheses in Ghana. Practical policy implications of the findings are discussed.

Engaging with Forst's 'Right to Justification': Kantian Analogies and the Problem of Subjectivity

In the following sections I engage with Forst’s treatment of justification and how this relates to a fundamental “duty” to justification. I raise doubts on the equation that he establishes between the unconditionality of a Kantian moral imperative and the pretense of unconditionality of the duty to justification (§1). As a result, I contest that the right to justification stands as a “fundamentum inconcussum” of a justificatory theory of justice and suggest, alternatively, that the Kantian account takes the justification of morality and law as elements of a cooperative scheme of justice. A corollary to this point is the problem of pluralism and the dialogical nature of reason as a capacity to take the standpoint perspective of the other (§1.1). I will argue that at times, Forst’s moral grounding of justice might raise concerns with a truly post-metaphysical doctrine of justice. Attached to this point and to the charge of selectivity is the problem of legal subjectivisation that arises for those “affected subjects” in a Forstian sense, that might nevertheless never enter into a process of justification of justice. Therefore, secondly, and connected to the first point I hold that Forst’s justificatory theory of justice needs a more robust theory of subjectivity, one that is capable of accounting why and how individuals become moral subjects in a full concrete way, that is, as subjects of these societies. Since the political terrain appears to be crossed by a radically irreconciliable dichotomy between the social processes of subject formation and the formulation of justificatory claims of justice, Forst’s preordained conception of individuality faces the risk of becoming a non-starter for a socially embedded justification of justice that is incapable of including the rightless other as a subject of law (§2).

Undignified: The Supreme Court, Racial Justice, and Dignity Claims

This manuscript responds to scholars who believe that dignity-based claims can lead to a more expansive racial justice doctrine. Although several Supreme Court decisions invoke dignity to promote equality and other values, there are many reasons to remain guarded about the successful usage of dignity claims by racial justice plaintiffs. Dignity is an amorphous concept, which allows for judicial discretion and ideology to impact the outcome of cases. Furthermore, in existing precedent, the Court has invoked the dignity of whites and of states to invalidate race-based remedies and civil rights policies. Accordingly, the assertion that a new theory of equality - rooted in dignity - could advance racial justice requires serious scrutiny.

The Meaning of Distributive Justice for Aristotle's Theory of Constitutions

This paper examines Aristotle’s theory of distributive justice and its meaning for his theory of constitutions. First, it shows that his account of constitutions in Books IV–VI of the Politics is an extension and refinement of his scheme of six constitutions in Book III. Second, it argues for the thesis that the account of justice (τὸ δίκαιον) in distribution of political offices that Aristotle gives in Book III of the Politics links up with and extends the doctrine of justice (δικαιοσύνη) that he develops in Book V of the Nicomachean Ethics. Third, it substantiates the thesis that Aristotle understands the different forms of constitution as embodiments of different conceptions of distributive justice, and argues for the thesis that Aristotle has a clear preference for the aristocratic conception and, as a consequence, for aristocracy. Finally, it supports the thesis that the constitution of the best polis, which Aristotle outlines in Books VII and VIII of the Politics, has to be understood as a true aristocracy and not as a polity (πολιτεία).

Exploring the sanction–crime relationship through a lens of procedural justice

PurposeResearch overwhelmingly explores “kinds of people” as moderators of the sanction–crime relationship (Piquero et al., 2011). This work, on the other hand, focuses on the sanction experience and draws upon the procedural justice doctrine and key ideas in Sherman's (1993, 2014) defiance theory to test whether individual evaluations of procedural justice condition the effect of legal sanctions on subsequent criminal behavior. MethodsUsing a sample of serious adolescent offenders, generalized linear regression models with interaction terms are employed to test whether the effect of legal sanctions on involvement, variety, and frequency of offending is conditioned by procedural justice. Significant interaction effects of legal sanction and procedural justice are illustrated with graphical methods. ResultsResults suggest that evaluations of procedural justice condition the sanction–crime relationship. Sanctions lead to a higher likelihood of offending among individuals with low evaluations of procedural justice. However, among those with higher evaluations of procedural justice, there is no significant relationship between sanctions and subsequent offending. ConclusionIncreasing perceptions of procedural justice reduces unintended consequences of sanctioning experiences. In an era of heightened focus on interactions between citizens and criminal justice professionals, enhancing procedural justice is not only ethical but also protects against deviance amplification processes.

Political biography of Juan Domingo Perón (1895—1974)

The paper explores the life and political activities of Juan Domingo Perón, one of the most prominent politicians in the history of Argentina and Latin America. There are many debates about the nature and significance of “Peronism”, ideological and political movement created by Perón in the 1940s (and, since the 1970s, often called “Justicialism” or “the doctrine of justice”). Since 2003 the Argentine government was headed by Perón’s followers – Nestor Kirchner (2003–2007) and Cristina Fernández de Kirchner (2007–2015). The article aims to show the ideological kinship and policy continuity of these governments with the ideological and political legacy of Perón.

Добродетель в контексте учения Аристотеля о справедливости

Добродетель в контексте учения Аристотеля о справедливости

Rethinking Luck Egalitarianism and Unacceptable Inequalities

Luck egalitarianism is a social justice doctrine that holds that it is morally bad and unfair if some people are worse off than others through no fault or choice of their own. The doctrine has attracted criticisms. G. A. Cohen has defended luck egalitarianism without conceding ground to its critics by affirming that some inequalities that egalitarian justice principles do not condemn are nonetheless incompatible with an antimarket ideal of community that we should accept and—subject to feasibility constraints—implement. This essay denies that luck egalitarianism as construed by Cohen is ethically defensible. For starters, equality of condition is not per se morally desirable. The criticism that luck egalitarianism is too harsh in the treatment it urges for those who are in peril as a result of their own fault or choice remains cogent when directed at Cohen's reformulation. It remains possible that the inequalities Cohen finds to be per se undesirable are in fact instrumentally undesirable.

WHO OWNS WHAT? SOME REFLECTIONS ON THE FOUNDATION OF POLITICAL PHILOSOPHY

AbstractNeither a doctrine of rights nor a doctrine of justice can provide a non-question-begging foundation for political philosophy. Instead, all political philosophical theories must rest on the recognition of the existence of moral agents, individual members of a natural kind capable of entering into associations with other moral agents. Beginning with moral agency, we can deduce that for there to be any associations, political or otherwise, there has to be the mutual recognition of self-ownership. The nature of moral agency excludes the possibility that groups like states or societies or nations can be moral agents. From moral agency and self-ownership, we can deduce the exigency of property ownership. On this basis, we can explain a state of affairs as just when and only when there is no aggression against moral agents. And we can show that the only nonarbitrary right is the right to self-ownership and property ownership. Thus, A has a right to p means: to deprive A of p is unjust. So, rights are founded on justice and justice is founded on property and property is founded on self-ownership and the recognition of self-ownership is a necessary condition for the mutual recognition of moral agency, the only possible basis for the existence of human associations. Thus, rights and justice are derivative or dependent concepts; they are not basic or foundational.

HAK CIPTA BUKAN HANYA COPYRIGHT

AbstrakUnder his research the author does elaboration through Hak Cipta andcopyright in clearly by those history and implication in practice. This articleannounces that hak cipta is not copyright eventhough in the inside of hakcipta contained copyright. Hak cipta itself under that history has been trulyas revision of copyright doctrine in England. That revision movement washappened in Europe continent under doctrine of justice (of natural law)which says that protection ought to be given to the inventor not tocorporations that based on copyright. Then later in implication is not truethat corporations aim to taking over all of inventor right even under specificcontract. The author convinces that right shall not be alienated from theinventor basedfreedom of contract principle.

The Nuptials Between Justice and Law in the Philosophy of John Rawls: It's Impact in Contemporary Political Philosophy

John Rawls has made an authorative contribution to contemporary political philosophy by enlightning the interactions between Justice, Law, Citizenship, Government by consent and, fundamentaly, the accountability required to rulers and governments. As a liberal John Rawls stress that in a pluralistic and free society different and contradictory conceptions of Good are acceptable since they accomodate in an overlaping societal consensus about the ends and the Good. The two principles: liberty and difference are tools to keep society open to newcomers and drive the State to concentrate in defending liberty and assuring a fair equality of opportunities. More than that is to open credits for an intolerable interference of the public powers in the freedom of the individuals in the sense he envisage in John Stuart Mill, 'the liberty of enjoyment'. John Rawls was akeen of the terrible methods the communist countries pursued by majorating equality in detriment of individual liberty and its doctrine of Justice is a cry of revolt against that detour. In this paper I look deep in how Rawls the need of Justice in a liberal society with the requirements of a accurate but balanced positive law.

Father Potron's Early Contributions to Input–Output Analysis

This article introduces an unknown predecessor of Leontief who, at the very beginning of the last century, invented the idea of an input–output table as the basis for finding an economic equilibrium. He gave examples of ‘technical coefficients’, formulated the idea of a computing office, and was the first to apply Perron–Frobenius's theorems to such Leontief-type models in order to demonstrate the possibility of the existence of an economic equilibrium. As a Jesuit, Potron was largely influenced by the ‘social doctrine of justice’. Consequently, he was mainly concerned with social justice and economic efficiency, problems of ‘fairness’, and the setting of ‘fair prices’ and ‘fair wages’. As a graduate of the École Polytechnique with a PhD in mathematics, he applied mathematics to economic analysis, without any training or knowledge of economic methods.