Fair Decisions Research Articles

Advancing Algorithmic Justice: A Systematic Review of Fair Decision-Making Protocols in Healthcare AI

This paper provides a comprehensive analysis of artificial intelligence (AI) implementation in Ghana’s healthcare system, synthesizing findings from recent Ghanaian studies. It examines legal and regulatory frameworks, ethical considerations, bias and fairness, transparency and accountability, interdisciplinary approaches, patient rights and data protection, healthcare access and equity, and implementation and oversight. The analysis reveals both significant opportunities for AI to improve healthcare delivery in Ghana and substantial challenges in ensuring its ethical, equitable, and effective implementation. Key findings highlight the need for AI-specific healthcare regulations, investment in local capacity building, culturally sensitive AI design, robust fairness and accountability mechanisms, and ongoing stakeholder engagement. This paper contributes to the discourse on AI in healthcare in developing countries, offering insights into the unique challenges faced by lower-middle-income countries. It aims to inform evidence-based policymaking and enrich academic understanding of AI implementation in diverse cultural and economic contexts.

The power of prompts: Encouraging children to think about fairness promotes the costly rejection of unfairness.

Children in the United States have an early-emerging understanding that resources should be divided fairly among agents, yet their behavior does not begin to reflect this understanding until later in development. Why does this gap between knowledge and behavior exist, and how can we close it? Here, we tested the role of explicit prompts in closing the gap, asking whether prompting 4- to 9-year-olds to make fair decisions would promote the costly rejection of unfairness in the Inequity Game. Children were presented with either advantageous (more for actor, less for recipient) or disadvantageous (less for actor, more for recipient) allocations and assigned to one of three experimental conditions: Fairness Prompt, Autonomous Prompt, or Baseline. Prompt condition had a strong effect on advantageous but not disadvantageous inequity aversion. Indeed, a simple fairness prompt was enough to reveal advantageous inequity aversion at 5 years of age, roughly 2 years before it was seen in children in the Autonomous Prompt or Baseline conditions. This study points to the promise of simple prompts as a powerful means of encouraging costly fair behavior in childhood. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Severity and Temporality in Healthcare Priority Setting - A Case for A Condition-specific Affectable Time-neutral Approach.

Priority setting of scarce resources in healthcare is high on the agenda of most healthcare systems implying a need to develop robust foundations for making fair allocation decisions. One central factor for such decisions in needs-based systems, following both empirical studies and theoretical analyses, is severity. However, it has been noted that severity is an under-theorized concept. One such aspect is how severity should relate to temporality. There is a rich discussion on temporality and distributive justice, however, this discussion needs to be adapted to the practical and ethical requirements of healthcare priority setting principles at mid-level. In this article, we analyze how temporal aspects should be taken into account when assessing severity as a modifier for cost-effectiveness. We argue that when assessing the severity of a condition, we have reason to look at complete conditions from a time-neutral perspective, meaning that we take the full affectable stretch of the condition into account without modifying severity as patients move through the temporal stretch and without discounting the future. We do not find support for taking the 'shape' of a condition into account per se, e.g. whether the severity has a declining or inclining curve, or that severity is intermittent rather than continuous. In order to take severity seriously, we argue that we have reason to apply a quantified approach where every difference in severity should impact on priority setting. In conclusion, we find that this approach is practically useful in actual priority setting.

Variations in Personality Traits Among Top Judo Referees from 2018 to 2022 Based on Gender Differences

The personality traits of top judo referees are crucial for fair decision-making in elite competitions, shaping the experience for athletes, coaches, and spectators. This study examines potential differences in personality traits among 63 referees from the World Judo Tour between 1 January 2018 and 31 December 2022. Factors analyzed include completing the IJF Academy course Level 1, elite athlete status, number of officiated events, performance ratings, and participation in the Olympic or Paralympic Games. Our research shows that older referees tend to exhibit greater extraversion, whereas less experienced officials show lower levels of this trait. Referees with limited experience generally demonstrate higher agreeableness than their more experienced counterparts. Female referees and those with top performance ratings display greater conscientiousness than male referees. Completing the IJF Academy course is associated with lower neuroticism, while lower performance ratings are linked to higher neuroticism. Openness tends to decrease with increased officiating experience, with less experienced referees showing higher levels of this trait. In conclusion, competitive experience, training completion, and officiating tenure are associated with specific personality traits among judo referees, highlighting the importance of continuous training for effective officiating. The analysis of personality traits revealed no statistically significant differences between male and female referees in the dimensions measured by the BFI (Big Five Inventory). This indicates that the levels of extraversion, agreeableness, conscientiousness, neuroticism, and openness were similar for both genders, with no significant variation in how these traits were expressed.

Effective justice as a law-based state feature

The article considers the concept of law-based state as a basis for justice effectiveness analysis. The necessity of researching the concept of a law-based state prior to covering the judicial system as a characteristic of a law-based state is methodologically justified. It is emphasized that for the development of Ukrainian legal science it is extremely important to investigate how exactly the effectiveness of justice is related to the extent to which Ukraine corresponds to the ideals of the law-based state, especially in the conditions of modern transformations. It is noted that a law-based state is based on the rule of law, the separation of powers, human rights and freedoms protection, and the independence of the judiciary. The theoretical and practical aspects of a law-based state functioning are considered, in particular the role of constitutionalism and legal mechanisms of control. The article emphasizes the importance of justice as a central element of a law-based state, which ensures the protection of citizens’ rights and control over the actions of state authorities. It was noted that in the context of a law-based state formation the effectiveness of justice acts as an indicator allowing to assess how successfully the ideals of the rule of law and the protection of human rights are implemented. The main criteria for evaluating the effectiveness of justice are determined, namely the independence of judges, access to justice, and fairness of decisions. The connections between effective justice and the principles of the rule of law and its role in a democratic society are covered. It is indicated that in the conditions of reforming the judicial system in Ukraine, the issue of maintaining a balance between the independence of courts and their accountability to society has not only domestic political significance, but also directly affects the international image of Ukraine and the process of European integration. It is summarized that effective justice is one of the most important indicators of a law-based state development. It ensures the protection of the rights and freedoms of citizens, contributes to the stability of society and the development of democracy. In order to achieve effective justice, it is necessary to constantly work on the legislation improving, qualifications of judges extension, and judiciary independence ensuring.

Mining, Scraping, Training, Generating: Copyright Implications of Generative AI

ABSTRACTGenerative AI (GenAI) impacts the ways we create, engage with, and understand creative and intellectual works. These new forms of sociotechnical (inter)action pose challenges for existing legal regimes, ethical frameworks, and social relationships. This research undertakes an in‐depth copyright analysis of GenAI based on U.S. law, focusing on its fair use doctrine and conceptions of transformation. This work finds that courts' characterization of uses as primarily either “expressive” or “mediating” is an important, though often implicit, factor in their decisions. Furthermore, while “transformative use” has dominated fair use decisions for the past thirty years, findings from this research suggest that GenAI may usher in a renewed emphasis on the doctrine's market harms element which, in application, may be dispositive with respect to GenAI outputs. This work concludes by offering recommendations aimed at clarifying that the value of copyright arises from social and relational aspects of creative practice and sociotechnical transformation. Arguments and rationales that (over)emphasize atomization and algorithmic decontextualization of the material properties of creative works are unlikely to attend to the underlying purpose of the Act: “[t]o promote the Progress of Science and the useful Arts”.

The relationship between attorney and judge: an ethical dilemma

The relevance of this research lies in clarifying the nature of the relationship between an attorney and a judge in the context of power dynamics, professional ethics and interpersonal communication. The purpose of the study is to determine the role of professional ethics in shaping the relationship between an attorney and a judge, as well as the impact of personal relationships between attorneys and judges on the judicial decision-making process. The methodological basis of the study is general scientific and special legal methods of knowledge, in particular philosophical dialectic, comparative legal, idealisation and formalisation methods. The materials used for this study are the works of domestic and foreign scholars, and the provisions of national, foreign and international legislation. The results of the study show that the relationship between an attorney and a judge is inherently complex, dynamic and critical, since it is at the intersection of legal norms, professional ethics and personal interactions. The relationship between attorneys and judges is an important component of the judicial process, as it affects the efficiency and fairness of decisions. These relationships are formed through a complex interplay of historical, ethical, professional, as well as personal interactions. Effective communication, mutual respect and a clear understanding of the role of each party are crucial to strengthen constructive relationships. The findings of the study indicate that a constructive relationship between judges and attorneys is an important element in ensuring the integrity of the legal system. Adhering to established ethical standards and maintaining an atmosphere of mutual respect and professionalism, judges and attorneys promote the administration of justice in accordance with the needs of all participants in the process, thereby increasing the level of trust and reliability of the judicial system

Documentation of crimes against cultural heritage of Ukraine: main projects and initiatives with the support of civil society

The article analyzes the projects initiated and implemented by the public, related to the documentation of crimes against the national cultural heritage (NCH) of Ukraine in the conditions of a full-scale Russian invasion. It is noted that the activity of public organizations in documenting crimes against the Ukrainian National Security Service is conditioned by the need to form a single database of crime records of the Russian Federation, which will allow solving a number of issues that will become urgent after the end of hostilities. The classification of motives for crimes against cultural values in conditions of armed conflict is presented; the ways of accounting for cultural heritage and the principles of documenting damage to cultural heritage are outlined. It is emphasized that there is no National Blue Shield Committee in Ukraine, which is being created with the support of the Blue Shield International (BSI) by the decision of four other committees: the International Council of Museums (ICOM), the International Council for the Protection of Monuments and Historic Sites (ICOMOS), International Federation of Library Associations and Institutions (IFLA). Within the scope of the powers of the official representative of the International Federation of Library Associations and Institutions in Ukraine, the NPA "Ukrainian Library Association", together with the official representative in Ukraine of the International Archives Committee, the State Archives Service of Ukraine, once again raised the issue of the creation of the Committee and joined the development of its charter. And although the creation of such a representation in Ukraine does not guarantee protection from Russian vandalism, the international experience of involving non-governmental organizations, representatives of authorities, cultural heritage protection bodies, the State Emergency Service, the National Police, and the Prosecutor's Office in the mission to assess the damage to the NCH in the conditions of the Russian-Ukrainian war will enable in the future, to achieve fair decisions on the implementation of the Hague Convention and to receive funding for the restoration of cultural values.

Trust, Justice, and Expertise in Nuclear Waste Management: A Q-Method Analysis of Environmental Discourses in the United Kingdom

ABSTRACT Nuclear waste is ethically contentious, concerning institutional trust, community engagement and the role nuclear plays in different sociotechnical configurations of energy futures. Using Q-methodology with a diverse UK-based stakeholder group, we find three emergent discourses: a) ‘Managing a distrustful public’, b) ‘Fair and democratic nuclear waste decision-making’, and c) ‘Putting the experts in control’. Although multi-stakeholder support is expressed for geological disposal of wastes, disagreements arise toward the ethics of nuclear-powered energy futures and for community decision-making roles. We recommend that policy authorities must first strengthen community withdrawal rights, and second, renew deliberative democratic decision-making mechanisms within energy policy strategy.

Modern approaches in the problem of epilepsy in the practice of a nurse

The article is devoted to the activity of forensic medical expertise to ensure the validity, legality and fairness of decisions on the legal responsibility of medical workers taken by law enforcement authorities. The analysis of a specific clinical case, in which the commission forensic medical examination established a direct causal relationship between the onset of adverse consequences and the actions of a nursing medical worker, is carried out.

ANALISIS PUTUSAN NOMOR 9/PID.SUS-ANAK/2023/PN.JKT.BRT TENTANG DAKWAAN PIDANA PERSETUBUHAN OLEH ANAK TERHADAP ANAK

Sexual intercourse with children is an act that occurs quite often in Indonesia today. This incident continues to increase over time, so it needs special attention from a legal perspective in Indonesia. The problem formulation of charges existence against the crime of sexual intercourse with children must be handled carefully and thoroughly by implementing applicable laws in order to get a fair decision. So the purpose of this study is to analyze the decision number 9 / pid.sus-anak / 2023 / pn, jkt.brt concerning the criminal charge of sexual intercourse by children against children. This analysis was carried out using the normative legal method with an analytical descriptive approach. The results and conclusions obtained in the decision Number 9 / Pid.SusAnak / 2023 / PN.Jkt.Brt, the Public Prosecutor filed an alternative charge against Children in Conflict with the Law using Article 81 paragraph (2) as the First Charge and Article 82 paragraph (1) Jo. Article 76E as the Second Charge. The appropriate article to be charged with ABH is Article 81 paragraph (1) which clearly describes the rule that everyone is prohibited from committing violence or threats of violence and forcing a child to have sexual intercourse with another person.

Fair integer programming under dichotomous and cardinal preferences

One cannot make truly fair decisions using integer linear programs unless one controls the selection probabilities of the (possibly many) optimal solutions. For this purpose, we propose a unified framework when binary decision variables represent agents with dichotomous preferences, who only care about whether they are selected in the final solution. We develop several general-purpose algorithms to fairly select optimal solutions, for example, by maximizing the Nash product or the minimum selection probability, or by using a random ordering of the agents as a selection criterion (Random Serial Dictatorship). We also discuss in detail how to extend the proposed methods when agents have cardinal preferences. As such, we embed the “black-box” procedure of solving an integer linear program into a framework that is explainable from start to finish. Lastly, we evaluate the proposed methods on two specific applications, namely kidney exchange (dichotomous preferences), and the scheduling problem of minimizing total tardiness on a single machine (cardinal preferences). We find that while the methods maximizing the Nash product or the minimum selection probability outperform the other methods on the evaluated welfare criteria, methods such as Random Serial Dictatorship perform reasonably well in computation times that are similar to those of finding a single optimal solution.

Implementing Preference Selection Index for Optimal Employee Ranking in Organizational Decision-Making

The rapid development of information technology has affected various aspects of life, including in the world of work. This research aims to apply the Preference Selection Index (PSI) method in determining the best employees at Bina Karya Utama Company. The assessment is based on four main criteria: Attendance, Tardiness, Overtime, and Length of Service. Data is obtained through observation and interviews, then processed using the PSI method which involves the normalization process and the calculation of preference values. The results showed that employees with alternative code A8 obtained the highest score, followed by A5 and A9. The PSI method proved to be effective in helping companies make objective and fair decisions, as well as motivating employees to improve their performance. This research concludes that a PSI-based decision support system can improve transparency and fairness in employee evaluation at Bina Karya Utama Company.

თანაზომიერების პრინციპისა და ლეგიმეტრიული მეთოდის ანალიზი იუვენალურ იუსტიციაში

The scientific work is innovative for the legal, scientific space. On the one hand, it is analyzed independently from each other about the same proportionality of the principle in juvenile justice - proportionality, as the norm-principle of juvenile justice, which is a norm that can be taken into account in any decision made to a minor, and on the other hand, it is discussed about the legitimetric method and its essence and purpose among the research methods are discussed, after which the relationship between the principle of proportionality and the legitimate method is discussed in juvenile justice. More specifically, the issues are discussed in such a way that, as a result, it is shown that legimetry is part of the principle of proportionality in a way, when analyzing any legal norm or procedure in juvenile justice, everything is evaluated by means of the principle of proportionality, that it is a kind of "unacceptable" and "unreasonable" expression, in which the juvenile Interests and policies of the state are cumulatively considered to achieve one main goal, which is called justice. On the other hand, the main goal of evaluating the issue with the legitimetric method is to make a fair decision and in this way to achieve the goal of justice. The content side of the paper is a kind of chain of logically connected topics, through which an innovative conclusion is made, according to which the principle of proportionality in juvenile justice, in turn, is a principle in its own right, however, at the same time, after analyzing its content side and considering the essence of the legitimate method, we can conclude, That said principle is a prerequisite for the "variety" of the legimetric method and the fairest punishment for the minor through it, thus achieving the essence of the principle of proportionality and the purpose of the legimetric method.

Landslide life-loss risk quantification based on historical fatalities

Life-loss risk estimates inform decisions that have dramatic impacts on individuals and communities in landslide hazard zones. Literature provides methods for making these estimates through multiplication of site-specific parameters. However, there is no method in the literature for calibrating those estimates, and regional context is needed to make efficient, fair, and affordable decisions. Therefore, we developed methods to quantify risk to individuals and groups based on regional historical fatality and hazard zone population data. The methods can be used to evaluate the accuracy of large sets of site-specific risk estimates, to assign quantitative risk values to buildings and hazard zones at a regional scale, to develop a long-term regional budget for landslide risk management, or to inform selection of a risk tolerance threshold that can inform where limited resources are invested in landslide mitigation. An example of the methods is provided for a case study of residential landslide risk in British Columbia, Canada. It estimates that there are between a few hundred and a few thousand people living with individual risk exceeding 100 micromorts (1 in 10,000) per year, and between 70 and 370 landslide hazard zones with annual probable life loss greater than 1E-3 (1 death in 1,000 years), based on a historical fatality rate of 0.4 to 1.4 deaths per year across the entire province.

The Identification, Spatial Distribution, and Reconstruction Mode of Abandoned Mining Areas

The rehabilitation of abandoned mining sites is an increasingly pressing issue in the context of sustainable development. Recent research has emphasized the need for a holistic approach to the abandoned mining sites and their environmental rehabilitation. Based on field analysis, environmental assessments, satellite imagery processing and geographic information operations, this paper pushes forward the existing knowledge by conducting a comprehensive assessment of abandoned mining sites in the Romanian Carpathians and by proposing innovative and sustainable rehabilitation solutions. Our findings highlight that abandoned mining sites and their surrounding territories in the Romanian mountains have significant ecological imbalances and complex socio-economic issues. The findings also suggest that by adopting innovative, integrated, and sustainability-oriented approaches, territories affected by mining can be transformed into valuable and sustainable spaces to meet human needs. We conclude by presenting the importance of innovation in ecological reconstruction and spatial–functional reintegration of mining sites in mountain areas as a useful tool in making fair decisions, both in the context of implementing appropriate development policies as well as for the resilience and environmental sustainability of mining-affected mountain areas.

Towards Achieving Substantive Justice: The Importance of Extending the Time Limit for Resolving Presidential Election Disputes

Presidential election dispute resolution (PHPU) is complicated because its scope covers the entire territory of Indonesia and its application to Indonesian citizens in various parts of the world. The PHPU dispute resolution process must also guarantee maximum protection of constitutional rights. This research uses normative research methods using secondary data sources. This aims to assess the urgency of extending the deadline for resolving presidential election disputes, which is currently 14 working days from the date of submission. Research sculpture approach and conceptual approach. These findings illustrate the need for changes to legislation to extend the time limit for resolving PHPU disputes beyond the existing 14-day limit. In practice, this time period does not provide maximum opportunity for the presentation of evidence. Historical analysis shows that from the 2004 presidential election to 2024, not a single PHPU demand has been granted, mainly because the demand cannot be proven. The author emphasizes that a time limit that is too early does not guarantee substantive justice, which includes not only fair and accurate decision-making, so rational considerations are needed that produce rational and logical decisions and a process that allows each party to present their arguments comprehensively and obtain fair treatment in the judicial process.

법학 연구 방법 이대로 좋은가?

Law is one of the social sciences and a field that citizens most frequently encounter in their daily lives. Despite this, legal research methods are primarily limited to literature reviews, and it is challenging to find quantitative research methods such as surveys that meticulously capture and reflect the thoughts, opinions, and intentions of the public. Legal scholars may believe that their thoughts and opinions sufficiently represent those of the public, but this can be considered intellectual arrogance. Since the overall thoughts and opinions of the public are constantly changing, laws must be created or interpreted based on frequent and comprehensive understanding of these changes. Only then will the public accept and respect the law. Of course, introducing surveys as a legal research method does not mean that all legal issues can be resolved solely based on survey results. Adjustments must be made considering the specialized theories of law and fairness with other issues. However, the current research methods that do not reflect the public's opinions at all must be improved. For this to happen, scholars and practitioners of law need to explain legal terms in simple and clear language so that the general public can understand them. Then, they should ask the public for their opinions on these explanations. Additionally, law must be approached and understood as a field accessible to everyone. The current research methods, which make law seem inaccessible to the general public through complex and difficult terminology and explanations, are both arrogant and inefficient. Legal research methods need to become more democratic and open. The public should be able to think and deliberate on legal issues so that the law can be democratic, reasonable, and truly authoritative. This way, the law can become more approachable, gaining trust and acceptance from the public. Moreover, the introduction of surveys in legal research goes beyond merely collecting public opinions; it can serve as a crucial means of developing law as a ‘science.’ Surveys systematically collect and analyze the opinions and experiences of various social groups, providing empirical evidence for legal research. This significantly contributes to enhancing the validity and acceptability of the law. Quantitative data obtained through surveys play a critical role in analyzing the correlations and causalities between social phenomena. These data, combined with advanced statistical techniques, can offer precise interpretations of social phenomena. For example, statistically analyzing the impact of a specific law after its enactment can evaluate the law's effectiveness. This approach goes beyond mere textual or theoretical analysis, enabling a concrete understanding of the law's role and impact through actual social outcomes. Even though law has normative characteristics, these norms must be based on reality, requiring the reflection of the public's actual thoughts and behaviors. Surveys allow legal scholars to verify abstract theories within concrete and realistic contexts. By collecting and analyzing diverse public opinions, legal research can yield more objective and reliable results. This process aids in making more reasonable and fair decisions during the enactment, amendment, interpretation, and application of laws. For instance, by investigating public perceptions of actions on the boundary between crime and non-crime, the alignment of legal norms with reality can be evaluated. Additionally, surveys are essential for understanding the various issues addressed by law within social and cultural contexts. By systematically collecting and analyzing public opinions, legal research can adopt a more comprehensive and multifaceted perspective. This enables the law to respond more sensitively to social changes and demands, enhancing its legitimacy and effectiveness. Consequently, surveys can play a vital role in developing law into a more scientific disci

Sphere transgressions in the Dutch digital welfare state: causing harm to citizens when legal rules, ethical norms and quality procedures are lacking

ABSTRACT Welfare states across the world increasingly experiment with the use of big data and algorithms in the name of efficiency gains and fair decision-making. However, recent public scandals in various countries show persistent problems with how digital welfare states operate at the cost of vulnerable populations. Problems include systemic forms of discrimination, increasing levels of surveillance, stigmatization, and restricted access to public benefits. Rather than viewing these problems as instances of technical implementation hurdles, we argue that digital welfare states currently operate in an institutional void in which legal, ethical, and quality procedures are lacking or ill equipped to address new challenges posed by digital technologies. Based on a secondary analysis of documents, we show how this institutional void empirically manifests itself in the Dutch welfare state by zooming in on two subcases that sparked public controversy in recent years: the childcare benefits scandal that focused on fraud detection and the Top 400/Top 600 that was set-up with the aim of crime prevention. By analyzing these cases, we show how sphere transgressions – understood as the encroachment of digital logic into the sphere of social welfare – can have detrimental consequences for citizens when there is an institutional void. We end with reflections on how to fill the current institutional void and identify ‘soft signals’ that could be used as pointers to recognize the potential undesirable consequences of new sphere transgressions.

THE ADMINISTRATIVE JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AS AN INSTRUMENT AND SUPPORT OF THE HEARING STATE

As we know, administrative justice is a kind of legal institution of judicial protection necessary to restore violated subjective rights, freedoms of citizens, legitimate interests of legal entities and other organizations by monitoring compliance with the law-abiding state in the public administration system, a special procedure for consideration and resolution of administrative and legal disputes arising from managerial relations. Administrative justice is aimed at ensuring the adoption of legally sound, timely, fair and understandable decisions in cases concerning the rights of people. Administrative justice ensures the rights of citizens in the administrative process. Finally, administrative justice has a great impact on the quality of public services and fair treatment of citizens. The process of making administrative decisions, there is a balance between issues of efficiency, regularity and the mechanical application of existing rules. Of course, the improvement of any social system is a necessary and sufficient condition for the existence and functioning of the system by itself. In general, the entire justice system is increasingly revealing the failure of efforts to protect the law-abiding state on the previous regulatory and organizational basis, legislative acts adopted in recent years in the legal field.