Formulation Of Justice Research Articles

Keadilan Dalam Perspektif Islam: Dinamika dan Realitas

The highest form of goodness or virtue is justice. Islam places a high priority on justice. Since the dawn of thought in humans, justice has been perceived as the primary issue. Because justice in law is frequently defined in terms of interests, the formulation of justice in law is extremely important. In contrast, according to Islamic law, justice is always connected to the divine, specifically in the context of human relationships with God and other people. A viewpoint that connects justice and truth is shown by the way Islamic reasoning about law and justice is constructed. Islam's approach to justice differs from that of the Sunni, Shia, and Khawarij groupings in terms of its dynamics. According to the Sunni perspective, the caliphate is essential for the community's survival as well as for putting the law into practice. The Shia believe that an infallible imam encompasses both inner and outside spiritual and physical leadership in addition to being a leader in Islamic law. The Khawarij, on the other hand, are supporters of a school of thought that, at the start of the Islamic era, was at odds with both Sunni and Shi'a ideologies.

Handling of children by diversion in children protection (Diversion and Restorative Justice)

The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.

Understanding Displacement, (Forced) Migration and Historical Trauma: The Contribution of Feminist New Materialism

ABSTRACT Feminist new materialist theory has taken up the challenge of reconfiguring politics, ethics and justice in ways that critically account for contemporary forms of materiality, affect and embodiment at work in the contemporary world. There is much at stake in such a project. The crisis of displacement, we argue, is the crisis of capitalism as it impacts on the biosphere of planet earth, necessitating an approach that can account for all the processes essential to life and living. In this paper our intention is to suggest ways of understanding displacement that unites social and environmental justice, while simultaneously merging ethical, political, ontological and epistemological concerns. Building on the nexus of capitalism and displacement, we investigate the confluence of the necropolitical (Mbembe 2003) and the necrobiopolitical (Bubandt 2017; Cooper 2008) as we sketch an uncanny tableau of more-than-human displacements across various entangled cenes – the Anthropocene, Capitalocene, Plantationocene, Shadowcene and Chthulucene. Our intention is to displace, trouble and haunt the centrality of the purely human in social work. The unfolding crisis of capitalism, we argue, is a crisis of displacement for all forms of life; a crisis that necessitates troubling humanist formulations of justice, care and ethics.

KONSEP KEADILAN HUKUM (KONSEP BARAT, KONSEP ISLAM, DAN KONSEP PANCASILA)

Justice, since the first issue, has been the subject of study both thinkers, among philosophers, legal experts, politicians or among theologians. However, if there are questions about justice, could not be determined what measures are used to determine something is fair or not. Various answers about justice usually never or rarely satisfying so that continues to be debated, so it canbe concluded that the various formulations of justice is a relative statement. This issue ultimately encourages many people to take a shortcut by submitting formulation of justice to the legislators and judges who will formulate it based on their own considerations.

Justice: An Epistolary Essay

This exchange of letters considers the relationship between geography and different formulations of justice. On one hand, social movements have made visible the particular geographies of racialized, gendered, and class-based injustice. For this reason, the discipline of geography can be useful for social justice activists making justice claims. On the other hand, the public and private institutions to which justice claims are addressed often treat justice as a stable “thing” that can be achieved through protocols and procedures. Moreover, these institutionalized approaches to justice often limit justice claims, at times even enabling the unjust actions that initiated struggles for justice in the first place. Inasmuch as geographic knowledge is incorporated into this disciplining of justice, it, too, potentially limits social struggles. By considering this tension, we highlight the tremendous need for justice and the poverty of our institutionalized responses to that need.

Konsep Keadilan dalam Perspektif Filsafat Hukum Islam

Abstract: This article discusses about the concept of justice in the perspective of the philosophy of Islamic law. Philosophically, there are two formulations of justice: first, the view that what is meant by justice is a harmony between the use of right and obligation are in line with the implementation of the proposition of “the balance of law” or “the dose of right and obligation”; second, the view of the lawyers who formulate that justice is a harmony between legal certainty and proportionality of law. Justice, in Islamic law, is derived from the Most Just. It is because Allah SWT is the upholder of justice, then He must be believed not to apply unjust to His servants. The concept of justice, based on al-Shatibi’s maqasid al-shari’ah theory, is determined by the benefits which are divided into three, namely daruriyyat (necessities), hajiyyat (needs), and tahsiniyyat (luxuries). This indicates that Islam is concerned with the issue of justice. The conception of justice will continue to evolve in line with the social development. Construction of law and justice in Islam cannot be separated from morality and transcendental beliefs since these aspects are intertwined.Keywords: Justice, philosophy, law, Islam.

Frederick Douglass & Herman Melville: Essays in Relation (review)

R E V I E W ROBERT LEVINE AND SAMUEL OTTER, EDS. Frederick Douglass & Herman Melville: Essays in Relation Chapel Hill, NC: University of North Carolina Press, 2008. 475 pp. F rederick Douglass and Herman Melville? As Robert S. Levine and Samuel Otter recognize, many readers will find their title’s “and” counterintuitive. Douglass and Melville lived in the same historical moment and shared, along with millions of other Americans, concerns about certain issues preoccupying nineteenth-century society (e.g., slavery), but is there any substantive basis for positing a more particular connection? At first glance, the backgrounds, ambitions, and careers of Douglass and Melville could hardly have been more divergent. Black/white, Republican/Democrat, optimist/pessimist, believer/skeptic, engaged activist/withdrawn artist—for the uninitiated, these are the sorts of oppositions that may come to mind making Levine and Otter’s conjunction seem doubtful and odd. The volume, however , overcomes such doubts, offering a convincing portrait of the “relation” between Douglass and Melville. Important distinctions do not disappear but instead dovetail with various important similarities and connections, and the back and forth consideration of difference and similarity produces a more complete and complex understanding of both authors and their era. As Kenneth W. Warren notes in his “Afterword,” by putting Douglass and Melville “in relation,” this collection of essays produces a salutary “displacement and surprise” in our sense of these figures and their era (440). The volume’s eighteen essays cover a wide variety of topics and take a number of different approaches. Race, politics, music, religion, sexuality, art, imperialism, history, and law are some of the key issues taken up by the contributors. The collection is divided into three sections. The first and largest section, “Literary and Cultural Geographies,” features pieces situating the Douglass and Melville in relation to each other and their era. The essays in the “Manhood and Sexuality” section consider the import of gender and sexuality in Douglass’s and Melville’s work. And the contributions in the last section, “Civil Wars,” analyze Douglass and Melville in relation to the Civil War and its various consequences. C 2008 The Authors Journal compilation C 2008 The Melville Society and Wiley Periodicals, Inc. 112 L E V I A T H A N R E V I E W In addition to separating the essays into three groups, Levine and Otter have, where possible, paired the essays so that they speak to each other. For example, John Ernest’s opening paper questioning the practicability and benefit of imagining a relation between Douglass and Melville is ‘answered,’ so to speak, by Robert K. Wallace’s essay. With satisfying historical specificity, Wallace charts the triangular relation that existed between Douglass, Melville, and Melville’s father-in-law, Lemuel Shaw, Chief Justice of the Massachusetts Supreme Court, showing how Douglass’s and Melville’s formulations of justice and freedom were pivotally influenced by certain key legal decisions by Chief Justice Shaw. Elisa Tamarkin’s analysis of Douglass’s and Melville’s idealized visions of England is appropriately book-ended with Rodrigo Lazo’s description of each writer’s efforts to criticize romanticized images of the Caribbean and Central and South America. Examining the risks entailed in masculine sympathy for both writers, Elizabeth Barnes emphasizes the prominence of violence in Douglass’s and Melville’s depictions of masculine identity. Hester Blum looks instead at the erasures of sexual violence in Douglass’s and Melville’s writing, finding in these lacunae a critical view of the way Victorian norms of polite discussion impeded a fulsome and honest discussion of such violence. Russ Castronovo and Dana Nelson find in Douglass and Melville a shared political reaction to the Civil War, but Carolyn Karcher and Gregory Jay see the two authors as moving in markedly different directions after the war. These pairings give the impression of an on-going conversation or critical /scholarly chain-letter in which a particular position or set of information is tried out and which, in turn, generates a connected but different analytic perspective and an alternative array of evidence. While there is not room here to discuss all of the essays in any detail, I would like to describe...

Just Gaming? the Case for Postmodernism in South African Legal Theory

ABSTRACTSeven years on from its first ever democratic elections, South Africa is in the process of negotiating a transition, or rather a series of related and mutually imbricated transitions which combine in contemporary social conditions. This article sets out three ways in which South Africa can be regarded as transitional (the transitions are from apartheid to post-apartheid, modern to postmodern and colonial to postcolonial respectively) and demonstrates the way in which law informs or is interpellated by each. The article suggests that postmodernism offers both an epistemology and a formulation of justice which has a potentially salutary effect for the legal system's efforts at transforming itself and South African society in the direction of justice. The article is also concerned to defend postmodern jurisprudence against its critics, and most particularly against the recent criticisms of Dennis Davis.