Fairness Judgments Research Articles

The Characteristics of Non-Litigation Resolution for Life Insurance Lawsuit in Indonesia

This study analyzed the characteristics of non-litigation resolution for life insurance lawsuit in Indonesia. The result found that the non-litigation solution for life insurance lawsuit in Indonesia must be through Department of Mediation and Arbitration of Insurance (in Indonesia, known as BMAI). When the mediation -as the legal action from a costumer- was objected, the lawsuit would proceed to the adjudication. When the customer won on this adjudication level, the insurance company was then obligated to do some payment as mentioned on the insurance policy. Furthermore, when the legal action of a customer was objected, the customer was then free to do an arbitrage legal action. The arbitration was final and had fixed legal power. Thus, any appeal, cassation, or judicial review could not be held. The solution for life insurance lawsuit through BMAI has several characteristics such as quick in procedures, dynamic, innovative, cheap, and low budget. In addition, the dispute solution through BMAI is confidential, quick in time, and supported by some experts on related types of lawsuit, thus, it may result in fair judgment.

Status is The Difference: Disability and the Unintended Consequences of Fairness

Evolving workforce trends accentuate scholarly and industry interests in understanding third party perceptions of the fairness of allocations made to accommodate employees with disabilities. Drawing on the disability, justice, and workplace aggression literatures, we used an experimental policy- capturing method to examine the influence of differences in recipient characteristics (disability status and performance level) on coworkers’ perceptions of fairness of a manager’s resource allocation decision and subsequent intentions to undermine the recipient of the allocation. One hundred fifty participants judged the fairness of 36 allocation decisions (N = 5400 situations). In the multi-level, within- and between-persons study, we found that disability status, as an operationalization of adherence to the distributive justice allocation rule of need, influences coworkers’ judgements of fairness and social undermining intentions. Furthermore, these relationships are strongest for coworkers with a greater future orientation. In sum, the findings suggest that consideration of the unintended consequences of managerial decisions to accommodate individuals with stigmatized identities and the resulting response of bypassed coworkers in decision- making is important in the management of an increasingly diverse workforce.

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In the modern period of the development of the Russian state the domestic legislation is being reformed actively, including the sphere of the criminal proceedings, which purpose is to protect the rights and legal interests of the persons and organizations which became victims of crimes. The article stresses that compliance of the regulations of the Code of Criminal Procedure of the Russian Federation that regulate the judicial inquiry by the public prosecutor will ensure a clear and professional execution of the power and authority on the arranging of the criminal proceedings. The role of the public prosecutor in the investigation of certain evidence in the trial is being searched. The author emphasizes the importance of the participation of the public prosecutor in the trial for making a lawful, reasonable and fair judgment. This understanding of the function of the public prosecutor in the trial conforms the constitutional provision that the recognition, observance and protection of the rights and freedoms of the person and citizen are the duty of the state. The article also emphasizes the importance of the protection of the victims' rights when the public prosecutor refuses to prosecute; of the interests of the society and the state which are protected by the law; of the persons from an unlawful and unreasonable charge, conviction, restriction of their rights and freedoms.DOI 10.14258/izvasu(2018)3-22

Not on my team: Medial prefrontal cortex responses to ingroup fusion and unfair monetary divisions.

ObjectivePeople are highly attuned to fairness, with people willingly suffering personal costs to prevent others benefitting from unfair acts. Are fairness judgments influenced by group alignments? A new theory posits that we favor ingroups and denigrate members of rival outgroups when our personal identity is fused to a group. Although the mPFC has been separately implicated in group membership and fairness processing, it is unclear whether group alignments affect medial prefrontal cortex (mPFC) activity in response to fairness. Here, we examine the contribution of different regions of the mPFC to processing from ingroup and outgroup members and test whether its response differs depending on how fused we are to an ingroup.MethodsSubjects performed rounds of the Ultimatum Game, being offered fair or unfair divisions of money from supporters of the same soccer team (ingroup), the fiercest rival (outgroup) or neutral individuals whilst undergoing functional Magnetic Resonance Imaging (fMRI).ResultsStrikingly, people willingly suffered personal costs to prevent outgroup members benefitting from both unfair and fair offers. Activity across dorsal and ventral (VMPFC) portions of the mPFC reflected an interaction between fairness and group membership. VMPFC activity in particular was consistent with it coding one's fusion to a group, with the fairness by group membership interaction correlating with the extent that the responder's identity was fused to the ingroup.ConclusionsThe influence of fusion on social behavior therefore seems to be linked to processing in the VMPFC.

NEWLY DISCLOSED CIRCUMSTANCES – GROUNDS FOR RENEWAL OF CRIMINAL PROCEEDING

It is presumed that no appeal may lie from a judgment that has already entered into legal force and such a judgment is regarded as final in a case, criminal proceedings may still be reopened under certain legal circumstances, which are called newly discovered. This is how the right of persons involved in criminal proceedings to a fair trial and a fair final judgment is ensured.The goal of this article is to examine circumstances that can be recognised as newly discovered and serve as grounds for the reopening of criminal proceedings, identify problems related to legal framework and find a legally sound solution. The tasks of this article are to investigate provisions applied to newly discovered circumstances as defined by the Criminal Procedure Law. As a result of the research, the author has concluded that the Latvian legislation governing criminal procedure with respect to the definition of newly discovered circumstances is deficient; therefore, suggestions are provided for the improvement of the existing legal framework. The research is based on the analysis of legislation, judgments of courts, conclusions and separate opinions of judges.

Rerating the Movie Scores in Douban through Word Embedding

The movie scores in the social networking service website such as IMDb, Totten Tomatoes and Douban are important references to evaluate the movies. Always, it will influence the box office directly. However, the public rating has strong bias depended on the types of movies, release time, and ages and background of the audiences. To fix the bias and give a movie a fair judgement is an important problem. In the paper, we focus on the movie scores on Douban, which is one of the most famous Chinese movie network community. We decompose the movie scores into two parts. One is the basis scores based on the basic properties of movies. The other is the extra scores which represent the excess value of the movies. We use the word-embedding technique to reduce the movies in a small dense subspace. Then, in the reduced subspace, we use the k-means method to offer the similar movies a basis scores.

Velocity variation effect in fixed bed columns: A case study of CO2 capture using porous solid adsorbents

This study shows that for a reliable evaluation of porous adsorbents for carbon capture based on the fixed bed adsorption analysis, one must consider the effect of velocity variation due to adsorption to make a fair judgment on predicting the performance of materials under flow conditions. A combined experimental and numerical study of CO2/N2 adsorption in fixed beds using three forms of adsorbents of amorphous powder (bulk activated carbon, AC), crystalline powder (bulk CuBTC metal‐organic framework, MOF) and crystalline pellets (pelleted CuBTC) was carried out to show the effect of velocity variation on CO2 breakthrough curves. Significant deviations are observed in the estimated amount adsorbed calculated from fixed bed experiments when models used for interpretation the measured data consider constant gas velocity because the stoichiometric time is underestimated. We show that the difference in breakthrough times estimated in models that consider constant and variable gas velocity grows exponentially with the feed gas concentration. © 2018 American Institute of Chemical Engineers AIChE J, 64: 2189–2197, 2018

Shari'ah Screening Methodology : New Shari'ah Compliant Approach

The purpose of this paper is to address to a long-standing criticism of the various Shari’ah screening methodologies implemented by Islamic index providers. This study aims to provide evidences derived from the Islamic sources (Qur’an and Sunnah) and offers a potential solution for the harmonization of Shari’ah screening methodologies. Strong evidences from the Qur’an reveal that the most righteous and fair judgment is provided when the only factors that are considered are the entirely endogenous factors. This study further emphasizes the importance of using a screening methodology that supports the main notions of Islamic finance as a whole, and adheres to the essence of the ayah (Al-Baqarah: 275). This study exhibits a potential towards the harmonization of Shari’ah screening methodologies which encourages the participation of Muslim investors by ensuring better awareness and confidence regarding stock investments. This paper fulfils an identified need to study how Shari’ah screening methodologies can be derived from the Islamic sources yet is based on “out-of-the-box” thinking.

¿Por qué una publicidad ética? Las campañas más polémicas

La publicidad tiene una gran importancia en la sociedad actual. Determina buena parte de nuestros actos y de nuestra forma de ser. De ahí la importancia de que ésta cumpla con las normas éticas, destacando de entre todas ellas la veracidad. El actual estado de cosas permite que la publicidad sea ejercida sin control por cualquier persona, en cualquier momento y sin garantías para el consumidor. Este, igualmente, se está viendo cada vez más bombardeado por información publicitaria constante y contradictoria, que hace difícil que pueda ejercer un juicio verdaderamente informado y sano con respecto a qué productos compra, como los compra y cuando. En esta situación, los derechos de los consumidores están tan amenazados como la imagen pública de la propia publicidad. Se pierde el respeto a la mentira como arma de convicción y se sacrifican los resultados a largo plazo a favor de tendencias cortoplacistas amparadas en pseudo-filosofías comerciales: se acosa al consumidor con marketing telefónico y digital, ante la falta generalizada de ideas y se buscan soluciones fáciles, en vez de acudir a la verdadera creatividad. En este artículo se ofrecen razones que sustentan estas afirmaciones y que permiten apostar por una verdadera ética publicitaria.

Evaluating the reporting of adverse events in controlled clinical trials conducted in 2010-2015 on migraine drug treatments.

Background In 2008, the International Headache Society published guidelines on the "evaluation and registration of adverse events in clinical drug trials on migraine". They listed seven recommendations for reporting adverse events in randomized controlled trials on migraine. The present study aimed to evaluate adherence to these recommendations, and based on the results, to recommend improvements. Methods We searched the PubMed/MEDLINE database to identify controlled trials on migraine drugs published from 2010 to 2015. For each trial, we noted whether five of the recommended parameters were presented. In addition, we noted whether adverse events were reported in abstracts. Results We identified 73 trials; 51 studied acutely administered drugs and 22 studied prophylactic drugs for migraine. The number of patients with any adverse events were reported in 74% of acute-administration and 86% of prophylactic drug trials. Only 30 (41%) of the 73 studies reported adverse events with data in the abstracts, and 27 (37%) abstracts did not mention adverse events. Conclusion Adverse events, both frequency and symptoms, should be reported to allow a fair judgement of benefit/tolerability ratio when randomized controlled trials in migraine treatment are published. Clinically significant adverse events should be included in the abstract of every randomized controlled trial in migraine treatment.

Time-varying fairness concerns, delay, and disagreement in bargaining

We study an alternating-offers, bilateral bargaining game where players may derive disutility from accepting shares below what they deem as fair. Moreover, we assume that the values they attach to fairness (i.e., their sensitivity to violations of their fairness judgments) decrease over time, as the deadline approaches. Our results offer a new explanation to delays and disagreements in dynamic negotiations. We show that even mutually compatible fairness judgments do not guarantee an immediate agreement. We partially characterize conditions for delay and disagreement, and study the changes in the length of delay in response to changes in the model parameters.

Gender Stereotypes.

There are many differences between men and women. To some extent, these are captured in the stereotypical images of these groups. Stereotypes about the way men and women think and behave are widely shared, suggesting a kernel of truth. However, stereotypical expectations not only reflect existing differences, but also impact the way men and women define themselves and are treated by others. This article reviews evidence on the nature and content of gender stereotypes and considers how these relate to gender differences in important life outcomes. Empirical studies show that gender stereotypes affect the way people attend to, interpret, and remember information about themselves and others. Considering the cognitive and motivational functions of gender stereotypes helps us understand their impact on implicit beliefs and communications about men and women. Knowledge of the literature on this subject can benefit the fair judgment of individuals in situations where gender stereotypes are likely to play a role.

Understanding perception of algorithmic decisions: Fairness, trust, and emotion in response to algorithmic management

Algorithms increasingly make managerial decisions that people used to make. Perceptions of algorithms, regardless of the algorithms' actual performance, can significantly influence their adoption, yet we do not fully understand how people perceive decisions made by algorithms as compared with decisions made by humans. To explore perceptions of algorithmic management, we conducted an online experiment using four managerial decisions that required either mechanical or human skills. We manipulated the decision-maker (algorithmic or human), and measured perceived fairness, trust, and emotional response. With the mechanical tasks, algorithmic and human-made decisions were perceived as equally fair and trustworthy and evoked similar emotions; however, human managers' fairness and trustworthiness were attributed to the manager's authority, whereas algorithms' fairness and trustworthiness were attributed to their perceived efficiency and objectivity. Human decisions evoked some positive emotion due to the possibility of social recognition, whereas algorithmic decisions generated a more mixed response – algorithms were seen as helpful tools but also possible tracking mechanisms. With the human tasks, algorithmic decisions were perceived as less fair and trustworthy and evoked more negative emotion than human decisions. Algorithms' perceived lack of intuition and subjective judgment capabilities contributed to the lower fairness and trustworthiness judgments. Positive emotion from human decisions was attributed to social recognition, while negative emotion from algorithmic decisions was attributed to the dehumanizing experience of being evaluated by machines. This work reveals people's lay concepts of algorithmic versus human decisions in a management context and suggests that task characteristics matter in understanding people's experiences with algorithmic technologies.

The Life and Times of General Andrew Pickens: Revolutionary War Hero, American Founder by Rod Andrew Jr.

Reviewed by: The Life and Times of General Andrew Pickens: Revolutionary War Hero, American Founder by Rod Andrew Jr. Robert M. Owens The Life and Times of General Andrew Pickens: Revolutionary War Hero, American Founder. By Rod Andrew Jr. (Chapel Hill: University of North Carolina Press, 2017. Pp. xxviii, 396. $35.00, ISBN 978-1-4696-3153-0.) Andrew Pickens (1739–1817) is far less celebrated than he should be. He proved crucial in the southern theater of the American Revolution, which became the pivotal theater during the war's last years. A fierce warrior against Cherokee, British, and Tory adversaries, Pickens strove to treat both Indians and Loyalists fairly in peacetime. As Indian treaty commissioner, Pickens served with distinction and honor and tried to be good to his word. As a citizen, legislator, and judge, Pickens remained committed to the rule of law but was hard to pin down in terms of his political leanings. Inheriting few advantages, he nevertheless achieved financial comfort and a great wealth of esteem from his neighbors. A consistent theme throughout The Life and Times of General Andrew Pickens: Revolutionary War Hero, American Founder is an emphasis on Pickens's Presbyterian faith. Steeped in Calvinism, Pickens remained painfully [End Page 707] aware of man's inherent wickedness and the ever-present risk of sin. This awareness in turn informed his abiding faith in the need for law, order, a pious respect for God's workings, and seeking God's forgiveness. Though he was not a man of letters, Pickens's neighbors, colleagues, and contemporaries considered him a sternly moral, fair-minded man who could be trusted to show fair and sober judgment in matters both public and private. Pickens grew up on the South Carolina frontier, near the Cherokee Nation. As a young man, he fought with distinction in the Cherokee War of 1760–1761 and gained notoriety during the Revolutionary War. At the Ring Fight in August 1776, Pickens and his South Carolina militiamen were surrounded by at least three times as many Cherokees. Pickens formed the men into a circle, coolly directing their fire and keeping them intact even as brutal close-quarters fighting raged. When they were eventually relieved, "Pickens began acquiring an aura of invincibility—he and his men should not have survived" (p. 49). His lopsided victory at the battle of Kettle Creek in February 1779 helped check the British advance in the South. Finally, serving under Daniel Morgan at the battle of Cowpens in January 1781, Pickens's surprisingly well disciplined militia played a key role in defeating the hated Banastre Tarleton's forces. The battle of Cowpens took place after Pickens was captured in the disastrous defense of Charleston and subsequently paroled. In return for his freedom, Pickens swore an oath to the king, but the vicious civil war nature of the Revolution in the South, which bred cyclical vigilantism from both sides, and British hostility to Presbyterianism wore on Pickens's mind. He likely wanted to return to the fight, and when British forces plundered his home, he felt justified in rejoining the Patriot effort. In the postwar years, Pickens tried to focus on his business and land ventures. He was mildly successful, though one senses that his rigid personal ethics partially explain why he did not accrue as much wealth as others. Like other propertied men in South Carolina, Pickens invested in slaves and benefited from their labor. By 1800 he owned thirty-eight African Americans. While he did not join other southern Presbyterians in condemning slavery, Pickens did adhere to evangelical paternalism; he saw to it that his slaves were "treated humanely," that their "families were kept together," and that they were taught the word of God (p. 309). He also did not oppose individual cases of manumission, and his will provided that if his son Joseph Pickens died before coming of age, the Pickens family's slaves would be freed. (Joseph did live to inherit them.) The Cherokees gave Pickens the name "'Sky-a-gun-sta' or 'Great Warrior,'" which was clearly a mark of respect (p. 51). While Pickens favored buying Indian lands, he also insisted that both sides were compelled to...

Measuring Unfair Inequality: Reconciling Equality of Opportunity and Freedom from Poverty

Rising income inequalities are widely debated in public and academic discourse. In this paper, we contribute to this debate by proposing a new family of measures of unfair inequality. To do so, we acknowledge that inequality is not bad per se, but that its underlying sources need to be taken into account. Thereby, this paper is the first to reconcile two prominent fairness principles, namely equality of opportunity and freedom from poverty, into a joint measure of unfair inequality. Two empirical applications provide important new insights on the development of unfair inequality both over time (in the US) and across countries (in Europe). First, unfair inequality shows different time trends and country rankings compared to total inequality. Second, average unfair inequality doubles when complementing the ideal of an equal opportunity society with poverty aversion. Furthermore, we show that an exclusive focus on top incomes may misguide fairness judgments.

Legal Socialization and Self-Reported Criminal Offending: The Role of Procedural Justice and Legal Orientations

The procedural justice model of legal socialization holds that personal fairness judgments influence criminal offending directly and indirectly, via legal orientations (e.g. legitimacy and legal cynicism). This study used longitudinal data to empirically scrutinize these arguments. Using 11 waves of data from the Pathways to Desistance study (i.e. baseline and 10 follow-up interviews), a series of time-lagged, multi-level longitudinal regression models with time-varying and time-stable measures decomposed into between- and within-individual components were estimated. The estimates from the linear mixed-effects models showed that procedural justice judgments directly influence legitimacy and, though relatively more limited, legal cynicism over time both between- and within-individuals. Test statistics indicated too that positive procedural justice judgments reduce involvement in criminal offending between individuals. However, legitimacy is found to significantly mediate the effect of personal procedural justice judgments. The effect of vicarious procedural justice judgments remained statistically significant in explaining differences in criminal offending. As for the within-individual model, neither procedural justice scale predicted offending. However, legal cynicism did have a direct significant effect in the within-individual offending model. The findings support key elements legal socialization theory, especially the premise that the way in which criminal justice authorities treat the individuals they come into contact with influences (albeit indirectly) subsequent compliance with the law.

Application of hybrid framework to facilitate lean six sigma implementation: a manufacturing company case experience

This study aims to propose a hybrid framework for lean six sigma (LSS) based on the prioritisation of barriers and solution approaches, to facilitate hassles free applications for handling the challenges of wastes reduction and quality improvement. The study identifies 27 LSS barriers and 22 solution approaches through literature review and utilises feedback from industry experts. For framework, study uses fuzzy AHP-PROMETHEE to prioritise LSS barriers and solution approaches. Incorporating fuzzy sets in analytical hierarchy process (AHP) ensures the optimality of barrier weights. Whereas, preference ranking organisation method for enrichment of evaluations (PROMETHEE) helps in pairwise comparisons of solution approaches with respect to each LSS barrier, facilitating fair judgements. This research guides regarding the development of framework and checks its suitability and robustness through case application of an Indian manufacturing organisation. Authors expect that researchers and practitioners will find study useful for LSS and multi criteria decision making(MCDM) domains.

EQUITÀ NEL DIRITTO ODIERNO

The need for case-specific justice, going beyond the law as a general and abstract norm, deeply penetrates the legal practice, from its origins to the present day. Examples taken from Plato and Aristotle are illustrated in this regard. These could spark an interest in tracing the tension between abstract generalities and concrete details in the theories of justice and in the history of judicial institutions throughout the ages. These include the tensions that emerged during the Enlightenment, as well as those from the period dominated by the doctrine of law as an expression of general will that was therefore just. The work highlights the renewal of this issue, crucial for our vision of the law and our expectations of it in current constitutional state, which in many respects has gone beyond the concept of the law from the Enlightenment à la Montesquieu, Bentham and Beccaria, given the constitutional requirement to focus on the needs of specific cases. Within this revival, a particularly important role is played by the numerous cases in which the laws are declared unconstitutional because of their excessive generality or abstractness, or on the basis of the judiciary’s inability to pass a fair judgement on the case before them. This is a surprising result that has emerged from the principles of equality and adequacy of law, a result that also calls into question the concept of jurisdiction and problematises the suitability of a judicial organisation modelled on an official judge “subject only to the law” in relation to the important, delicate and even dangerous function referred to by Plato as the “arte regia”.

In the Aftermath of Unfair Events: Understanding the Differential Effects of Anxiety and Anger

After decades of domination by social exchange theory and its focus on a manager-centered perspective, fairness scholars have recently issued numerous calls to shift attention toward understanding employees’ subjective “lived-through” experiences and in situ responses to unfair events. Using appraisal theories, we argue that focusing on the employee’s perspective highlights the importance of emotions in fairness experiences. Further, this emphasis creates opportunities for novel insights regarding the emotions that are likely to be relevant, the constructive responses that can emerge from unfairness, and the interplay between unfair events and entity fairness judgments. Using a daily diary study with event sampling, we highlight the importance of anger and anxiety in understanding how individuals experience and react to unfair events. Results indicated that anger elicited counterproductive work behaviors, whereas anxiety initiated problem prevention behaviors (i.e., a subdimension of proactive work behavior). Further, by engaging in problem prevention behaviors, employees can positively influence their subsequent overall fairness judgments. Experiences of an unfair event can also be shaped by individuals’ preexisting overall fairness judgments, such that preexisting overall fairness judgments are negatively associated with anger but positively associated with anxiety. Implications for theory and practice are discussed, including the influential role of emotions for fairness experiences, how employees’ own behaviors can influence subsequent overall fairness judgments, the interplay between unfair events and entity judgments, and ensuring that fairness is effectively managed on a daily basis.

Using Factorial Survey Experiments to Measure Attitudes, Social Norms, and Fairness Concerns in Developing Countries

Survey-based experimental methods are increasingly used in the social sciences to study, among others, attitudes, norms, and fairness judgments. One of these methods is the factorial survey experiment (FSE or vignette experiment) in which respondents are confronted with various descriptions of situations that differ in a discrete number of attributes (or factors), and they are asked to evaluate those situations according to criteria such as agreement, approval, and fairness. Due to the systematic experimental variation of the presented situations, an FSE can separate effects of single situational attributes, allowing the causal influence of relevant situational attributes to be determined. This is the key advantage over simple survey items. While most studies using FSEs are carried out in developed countries in which respondents are familiar with surveys, we add further evidence that this method can also unfold its power in a developing context. Building on previous applications of FSEs in Africa, we demonstrate the usefulness of this method in four novel studies on social norms regarding the physical punishment of children and the social approval of technology adoption in Benin as well as judgments of just earnings in Rwanda. We also test for the first time the applicability of multiple vignettes per respondents in a Global South/remote area context. The results of these studies are theoretically meaningful and the overwhelming majority of respondents discriminate between vignettes. This supports the validity of FSEs. However, conducting survey experiments in developing countries is different from similar experimental research in developed countries and, therefore, we also discuss some of these differences and corresponding challenges. Last but not least, our article shows, provided a few precautions are heeded, that FSEs could be used as a vehicle to innovate social science research in a Global South/remote area context.