Embodiment Of Justice Research Articles

Review of Remission and Assimilation in the Correctional System with the Foundation of Human Rights

This research is related to the granting of remission and parole rights on the basis of the value of justice in accordance with human rights. This research was conducted to find out about the embodiment of justice in the granting of remissions and parole to convicts. Both criminals and corruption convicts. This research will also review the arrangements regarding the granting of such remissions and also the ideal concepts regarding the granting of such remissions and parole. This research will use empirical normative legal research methods that emphasize philosophical, dogmatic and conceptual sides. The data collected in this study was carried out by means of literature and document studies. Data analysis used a qualitative descriptive method. This research presents that the embodiment of justice in granting parole and release to prisoners is not entirely fair and equitable. The regulatory process regarding granting remissions and conditional release should be in accordance with the norms and not contradictory. The concept of granting remissions and parole must be balanced in terms of justice and also balanced in coaching.

The Judge in the Islamic Balance

This academic paper delves into the intricate and multifaceted role of the judge within the context of Islamic jurisprudence. Drawing from the rich and diverse heritage of Islamic legal traditions, the study seeks to illuminate the judge's pivotal position as the embodiment of justice, ethics, and social equilibrium in Muslim-majority societies. It explores the historical evolution of Islamic jurisprudence and its relevance in contemporary legal systems, emphasizing the judge's duty to uphold Islamic law while adapting to the changing demands of modern society. In conclusion, this paper provides a comprehensive analysis of the judge's pivotal role in the Islamic legal system and its relevance in the modern world. It underscores the importance of preserving the integrity and independence of the judiciary while adapting to the evolving needs of Muslim-majority societies. Understanding the judge in the Islamic balance is essential for promoting justice, fostering social harmony, and maintaining the principles of Islamic jurisprudence in a contemporary global context.

CREATING A SOCIAL JUSTICE TROUGH ZAKAT AND ITS RELEVANT TO POVERTY ALLEVIATION: A PERSPECTIVE OF ABUL A’LA AL-MAUDUDI

This paper aims to reveal Al Maududi’s thoughts related to the concept of social justice which is proxied in the management of zakat. His thoughts emphasis on the entire economic scheme developed under the principles of sharia (Islamic law), projecting an internally balanced economic system and totally not accepting capitalism or communism. He explicitly stated that the embodiment of justice (a’dl) and welfare (falah) as a means of seeking God’s blessings (fadhl al-Allah) through the determination of its main goals using the maqasid of sharia. The results of this literature study are able to reveal that zakat philanthropy can carry out several main functions of modern public finance related to social security rights in the form of health, education, food, housing, and public transportation. Zakat is also able to reduce social inequality that arises as a result of human exploitative economic behavior and becomes an effort to achieve social justice.

СПРАВЕДЛИВОСТЬ КАК СОЦИАЛЬНОЕ ЯВЛЕНИЕ

The article considers the category of social justice. The author notes that justice as a social regulator of people's behavior has an evaluative character, manifests itself in all spheres of public life and is applicable to almost any activity. Justice has an objective-subjective nature, an imperative. It is emphasized that the prescriptions of justice do not evolve and cannot evolve, the very essence of justice remains unchanged. The content of the requirements of justice, on the contrary, is very variable, because it depends on the level of development of society, as well as the needs and interests of participants in the social process. The content of justice is based on the ideas of combining "just equality" and "just inequality". The author draws attention to the fact that it is not necessary to consider equality exclusively as an integral part of justice. Justice and equality are complementary phenomena that do not coincide in their essence. The article examines the problem of classification of justice. The author classifies justice according to such criteria as the sphere of public life, in which justice is manifested; the commonality of views, views on the requirements of justice; the sphere of manifestation and embodiment of justice. The classification of justice is presented depending on the differences between the subjects under consideration, on the functional role of justice. In conclusion, it is concluded that the special mission of justice in the regulation of the system of public relations. It is noted that justice accumulates in some normative principles the urgent needs of social life, these requirements of society, undergoing "ideological processing", receive the qualities of categoricity and are included as a basic principle in the system of normative regulation of this society, which determines what is permissible and what is not

The Role of Philosophy in Dante’s Divine Comedy

The paper considers the role of antique philosophy in medieval theology. Dante’s «Divine Comedy» was chosen as an object for a comparative study of philosophy and theology. A «сomplicated» relationship between theology and philosophy is due to the question of the creation of the world. According to Aristotle and his medieval successors Averroes and Siger of Brabant, the world was not created by God but, he is needed as the source of its movement. Despite Aristotle’s overwhelming authority as a Philosopher and a Teacher, Dante placed antique thinkers led by Aristotle, in Limbo, Hell canopy. So they were unable to pass through Hell and Purgatory and face God one day. Ancient thinkers were to blame for living before Christ and therefore not knowing him. It is underlined, that all real-life hostilities become meaningless in Heaven, where everyone is equal before God. That’s why Thomas Aquinas and Siger de Brabantt are side by side in Heaven. The article states that the theme of wisdom is a keynote of Dante’s «Divine Comedy». It is noted, that Dante’s journey through the circles of Hell, ascension into Purgatory and «getting» to Heaven is because of Beatrice – allegory of philosophy. It was philosophy (in the form of beautiful Beatrice) «coming» to help when Dante found himself in an «impassable forest» of his soul. Philosophy in the form of Beatrice presents wisdom. Theology, in turn, is intended to purify the minds, which is possible just in Purgatory. Heaven is the embodiment of justice and perception of truth, the place of some conciliation between theology and philosophy.

Statues of Lady Justice in Hungary: Representation of Justitia in town halls, courthouses, and other public spaces

Statues of Lady Justice in Hungary: Representation of Justitia in town halls, courthouses, and other public spaces

PEMBINAAN NARAPIDANA DALAM SISTEM PEMASYARAKATAN

Penitentiary is stated as a system of guidance for lawbreakers and as an embodiment of justice which aims to achieve social reintegration or the restoration of the unity of relations between Prisoners and the community. Penitentiary in Indonesia has experienced significant changes, especially regarding the method of treating prisoners themselves. The idea of ​​the function of punishment according to Indonesia which adheres to the Pancasila ideology is no longer just deterrence but is also an attempt to rehabilitate and reintegrate socially Correctional Guidance (WBP) which has been established with a system of treatment of lawbreakers in Indonesia called the penal system

Justice Is Church’s Mission

The author suggests a three lateral, i.e., state-capital-labor, society as an efficient model for our discussion about the issues of justice in our times. He starts with the presupposition that God is the embodiment of justice and God the person of the embodied justice. Like the triune God our society has three subjects: State-Capital-Labor. Unlike other subjects, the labor is divided and di-sected by gender, ethnicity, regular/irregular employment, etc. In most societies, the labor is ruled and divided by state and capital. Unlike the triune God who is the embodied justice, the three-lateral and triune society is non-justice. In constructing authentic idea of justice in our context, the author discusses three paired issues and opts for the second in the respective pair: reciprocity versus love; persons free and equal versus the subaltern; harmony and equilibrium versus conflicts of interests. Author believes that his options for the second ones get his idea of justice closer to the Scriptural idea of justice than that of contemporary philosophers such as John Rawls.

THE INFLUENCE OF “POLITICAL EXPEDIENCY” ON THE EXISTENCE OF LEGAL NORMS AND VALUES IN THE MODERN NATIONAL STATE BUILDING

The mutual influence of politics and law, in accordance with political and legal values in a democratic society, is a rather controversial issue. It is generally known that politics should not affect the right, and political activity should be subordinated to law. At the same time, during the development of a democratic, law-governed state, situations arise that require rapid reaction to overcome social conflicts and contradictions, the preservation of civil peace, the establishment of justice and equilibrium in society. In such cases can be implemented the principle of “political expediencyˮ. The application of this principle on the one hand allows solving complex socio-political contradictions in the absence of the necessary legal norms, and on the other hand, the political motivation of decisions without proper legal justification should be perceived as an exception, which is appropriate only in socially sensitive crisis circumstances. The problem of interaction between politics and law, the peculiarities of the application of the principle of “political expediencyˮ in domestic political practices, the influence of the political situation on the existence of legal values and norms, was reflected in the works of such researchers as N. Dobrenka, A. Kukuruz, S. Maksimov, G. Matveeva, I. Nagornyuk, M. Nediuha, A. Selivanov, Y. Shemshuchenko and others. The purpose of our research is to clarify the peculiarities of the implementation and influence of the principle of “political expediencyˮ on the establishment and existence of legal values during the development of a democratic state in Ukraine. In a negative scenario, the application of the principle of “political expediencyˮ may have a dominant subjective component, and the treatment of certain socio-political and economic events corresponds to the interests of only a part of the political class and society. At the same time, the acceptance of a political and legal decision on the principle of “political expediencyˮ in a positive way should be the result of a broad socio-political consensus, which was developed because of consultations between political forces, dialogue with civil society, etc. With that, any politically motivated decision requires legal registration and must not run counter to the current Constitution. A legal norm based on the principle of “political expediencyˮ may have a twofold character: as a temporary mechanism for the restoration in society of such legal values as justice, legality, freedom, etc., or as a basis for the implementation of case law. In the second option, the legal norm should have a deep and systematic value, filling the existing legislative gap, reformatting relations in a certain area of public life. According to experts, the implementation of the principle of “political expediencyˮ in legal form can increase the legitimacy of the political class, institution, political regime as a whole, or vice versa, have a reverse delegitimizing effect. In order to strengthen the legitimate component of the political regime, it is extremely important that the taken decision is in line with the values of the political and legal culture of different sections of the population. In the public consciousness, the Constitution is an embodiment of justice, a stable law and order, legal legality when its provisions form the basis for the acceptance of politically expedient decisions, which are necessary to society. That is why the realization of the principle of “political expediencyˮ should be carried out on the basis of constitutional norms and values. Thus, the implementation of the principle of “political expediencyˮ and its impact on the existence of legal values at the present stage of domestic state building is ambivalent. On the one hand, the application of the aforementioned principle allows solving socio-political conflicts and restoring (consolidating) democratic political and legal values, overcoming the social crisis in cases where the mechanisms for its solution are not fixed in the current law. On the other hand, the principle of “political expediencyˮ can be used by political forces as means of fighting for power, as a technology to promote narrow-party interests.

Painting for the blind: Nathaniel Hone’s portraits of Sir John Fielding

ABSTRACTNathaniel Hone’s three portraits of Sir John Fielding establish a public image for the magistrate and a visual language for representing his blindness. Fielding is represented in 1757 as a family man, in 1762 as a sociable member of the Republic of Letters, and finally in 1773 as the embodiment of Justice. The movement across the portraits from empiricism to allegory not only conveys his increasing social status and celebrity, but also the mingling of philosophical and poetic ideas about blindness in Enlightenment thinking. This paper argues that Hone’s construction of Fielding’s vision impairment in the latter two portraits reflects changing attitudes to blindness resulting from Lockean sensationalism and the widespread success of cataract operations. The more academically ambitious final portrait, however, also draws on iconographic tropes of blind justice, casting Fielding in allegorical guise that confers upon him heightened powers of reason and impartiality. For Hone, Fielding’s blindness is a crucial part of his status and identity, but it also provides opportunities to push portraiture beyond its association with the imitation of the visible and into the realm of invention.

Differences in Nominalization between Korean and English and Their Implications for Translation

The Criminal Procedure is given two tasks; one is the necessities of discovering the substantial truth including arrest and punishment of criminals, protection of sufferers and maintenance of public order. The other is the requirement for the security of human rights, which protected the human rights of the suspected and the accused from being punished with committing no crime by the potential misjudgement of human being who was not god. There occur a conflict between the two tasks throughout the whole area in the criminal procedure. A primary purpose of bail can be said to implement the ideology of embodiment of justice and to protect human rights in criminal justice system. A major justification of bail was that the bail procedure can be employed in courts as a way to avoid the probable confinement of innocent persons, who are falsely accused. Another justification of bail was that the historical legal doctrine. Presumption of Innocent, would not be appropriately implemented in judicial processing without a bail provision. However the results of empirical analysis showed that the bail provision of a person before indictment in Korea has been implemented in a limited scope, and that the provision has been improperly applied in several ways. This study recommends that more efforts should be given to correct the problem on the implementation and application of bail provision of a person before indictment in Criminal Procedure Law. This Study suggests that it is necessary to enlarge the scope of application of bail. Bail shall be available even for the suspects, if it is certain that they will be appear at courts on the appointed date. It is necessary to develope alternative methods-Release on personal recognizance, Conditional release, Station house Citation Release-for the allowance of bail in addition to the traditional method-Monetary bail. It is necessary to provide the judge with detailed guides, which can be adopted when the judge decide the amount of the bail bond. This Study suggests that the amount of the bail bond shall be considered as a way for poor defendants to prepare the bail money.

Magic and Modernity in <i>Tintin au Congo</i> (1930) and the Sierra Leone Special Court

Tintin au Congo was the second album written by Herge in the series that has been hailed to have given birth to the graphic novel genre. It tells the story of the encounter between a young white European reporter and Africa, as imagined by a Belgian author living in Brussels in 1930. Likewise, the judgments of the Sierra Leone Special Court constitute the narrative of an encounter, this time between the international legal community and the grim realities of the civil war that ravaged that African country more than a decade ago. Both encounters can be described as intercultural collisions: much of the original appeal of Tintin au Congo rested in its caricature of African society as backward and in every respect inferior to European civilisation; in the decisions of the Sierra Leone Special Court, there is a similar stark contrast between the culture of international criminal law as the embodiment of justice and humanity on the one hand, and the irrational descent into anarchy and senseless violence on the other. These narratives stand apart in their origins, their style, their aspirations, and yet converge in their intersection of modernity and barbarity. A study of the original Tintin au Congo as published serially in a Brussels newspaper in 1930 and of the transcriptions of the hearings of the Civil Defence Forces Trial in Sierra Leone reveals that, for each, magic is taken as a key to decipher afromodernity and make it comprehensible for the imagined, civilised, western reader. In doing so, each narrator constructs its own identity, in one case European and civilised Belgium, and in the other the universal and rational international criminal law regime.

Who is the Mayor and Who is the Governor

In this interview Vladimir Pavlov points out the difference between the mayor’s functions and the governor’s functions. The governor is the head of the regional executive power. The main function of the state is to establish and to maintain the legal order in the whole country: to create the single economic and legal space, to provide opportunities for competition etc. In a word, the state is to decrease thieving. The state should be the embodiment of justice. But only the one who is not involved in a carve-up and not interested in its results can be just indeed. The functions of a settlement are roads, building etc, in other words, organization of a common economic activity of the inhabitants. The municipal bodies, the bodies of the local self-government are established on the settlement level. We should have a clear understanding, that these bodies cannot have an economic power and manage material resources (Article 66 of the Civil Code); they should provide conditions for successful self-dependent activity of economic entities (legal entities and individuals). The local power functions with the help of regulations. And the mayor is the head of the local self-government. He is elected by the inhabitants of the settlement and, together with them, is under control of the law.

The Confession of Belhar 1986: A Guide for Justice, Reconciliation, and Unity

AbstractThis paper argues that the Confession of Belhar 1986 articulates the story of the Triune God's work of justice, reconciliation, and unity. That story redeems the human stories of injustice, alienation, and division in South Africa. It transforms us into people who make new stories of justice, reconciliation, and unity. The story of Belhar serves as a staff for justice, reconciliation, and unity. The cry for justice, reconciliation, and unity is first outlined (1). Thereafter, Belhar's understanding of justice as compassionate justice (2), reconciliation as the overcoming of alienation between humans and God, and as the overcoming of estrangement among human beings, and reconciliation as embrace (3), and unity as unity in proximity (4) is discussed. Last, an appeal is made for the continued confession and embodiment of justice, reconciliation, and unity in and through churches as spaces of hope (5).