Justice Inclusion Research Articles

Sustainable Civil Justice through Open Enforcement: The Ukrainian Experience

Ukraine, which is a member of the Council of Europe and is firmly on the path to European integration, develops legislation and legal doctrine with the aim of the implementing European standards. The Association Agreement signed in 2014 set out to put into effect, in particular, the approximation of legislation, the strengthening of judicial cooperation etc. The comprehensive reforms taking place cover various areas of legal regulation, specifically, legal proceedings and the enforcement of judgments. This new legislation in the field of the judicial system was approved in Ukraine in 2015-2017. The low level of trust in the judiciary, inside as well as outside of Ukraine, causes economical relations to suffer increasingly. It impacts inter alia the circulation of judicial decisions between EU Member States and Ukraine, which is not unencumbered by this and may be described as uncertain at best. Regarding all of these, the first part of this paper is about the goal of civil justice definition and defining the enforcement part throughout the process of judicial rights protection in Ukraine. In the second part we are investigating the transitional issues of the creation of an open enforcement system in Ukraine, the challenges and ways to resolve them within the most current trends of sustainable development and inclusive justice. In the conclusion, some theoretical approaches are criticized due to the lack of attention to the very ideas of sustainable justice and a peaceful and strong institutions promotion, which elude the attention of the legislators. The way of its fruition of an open and peaceful judicial enforcement creation through proper goal definition were proposed.

Inclusive legal justice for inclusive economic development: a consideration

Utilising cross-country data, this article analyses the implications of promoting inclusive legal justice for inclusive economic development. The analysis is carried out by quantifying the effects of inclusive legal justice in terms of inclusive criminal justice and in terms of inclusive civil justice on inclusive economic development. The results suggest that, accounting for the endogeneity of inclusive legal justice, both criminal and civil, countries with higher levels of inclusive legal justice are very likely to enjoy higher real GDP per capita, improved equal economic opportunity, lower socio-economic disparity and more inclusive economic development. These findings reveal that inclusive economic development is unlikely to be achieved without inclusive legal justice.

Achieving Meaningful Access to Medicaid

Embracing inclusive justice calls first for recognizing Medicaid’s goals. Next should be determining how program structure can either realize those goals, at least to some extent, for everyone who can benefit from them or can be modified to enhance inclusion. Finally, we must consider individualized adjustments for people who, because of their significant differences, cannot otherwise be included meaningfully.

ІНКЛЮЗИВНЕ ПРАВОСУДДЯ: ПО НОВОМУ ПРО СТАРЕ

In the beginning of 2019 in Haag was an extensive event – Partners forum in area of access to justice that combined members from many countries which was recognizing the particular importance of this issue for the sustainable development of society around the world. A lot of events which planned for the OON up to 2030 years testified about their actuality and priority. The target task is identifying the rule of law and access to justice as an important facture to progress for throughout. For a long time access to justice in Ukraine is a priority direction to development of the legal system in general and in the judiciary in particular. “Access to justice” as a meaningful concept traditionally viewed by scientists through the prism of different conditions (legal, social, economic), or by examining the obstacles that exist in this field. Recently, the term "inclusive justice" has come to be used in relation to its characteristics, which needs due theoretical consideration. The purpose of the article is researching something new for national science that need to be theoretical meaningful. The main results of researching are in next clause: The concept “ inclusive justice” characterizes the concept of accessibility of justice from the position of non-discrimination and equal opportunities for all, without excluding people in the means and means of judicial protection of their rights. This accent allows for focusing on the accessibility of justice for people who, due to certain factors (gender, age) or life circumstances (low income) or because of their health or other disabilities, face relative (behavioral) and environmental barriers. For a simple understanding inclusiveness in area of justice envisages their accessibility for people with disabilities, focusing attention on special subject which need to realization this function. The concept of inclusive justice provided not only necessity to establishment appropriate conditions for effective realization rights for each people on judicial protection. This is the question accessibility for person with disabilities to judicial profession which is less researching in Ukraine. Inclusion as a access to justice focused attention not on people with disabilities and also on possibilities available to the justice system, the means available, the ways it can use it`s potential, and most importantly the obstacles, barriers and difficulties that need to be overcome by offering solutions that are necessary for one and at the same time useful to all. Inclusion in justice also emerges as a policy, a strategy to overcome barriers that impede it`s accessibility to the development and implementation of which must be involved both the state and directly involved in the justice process. It should provide for a system of measures, the key in formulating and prioritizing which is the identification of obstacles and the rational use of available resources.

ТИПОЛОГІЯ МОДЕЛЕЙ СКОРОЧЕННЯ НЕРІВНОСТІ В УМОВАХ ГЛОБАЛЬНОГО РОЗВИТКУ

Introduction . Recently there has been an increase in income inequality in almost all countries. This poses a threat to political, economic and social stability in the country. In most countries, there is no strategy to reduce inequality or little attention is paid to it. Therefore, there is a need to develop concrete practical measures to strike a balance between equal access to economic independence and social justice. Purpose . The research aims is to analyze and identify models of reducing inequality (social justice) in the face of global development. Results . Equity is seen as the optimum level of inequality, so a fair distribution of national income (national wealth) is the most important component of socio-economic development that affects economic growth and its determinants. It is established that social justice provides the necessary link between social structure of society and economic efficiency. Five concepts of social justice are analyzed: egalitarian, utilitarian, rosian, market and meritocratic, their principles, main tenets, advantages and disadvantages are revealed. It is established that most modern models of social justice (distribution) are mixed in nature and combine in different proportions the principles of market model, economic efficiency and social justice. Studying the experience of implementation of different models of social justice has allowed to establish the following features: they acquire signs of universality, institutions of equalization and incentive policy are being formed, they are changing according to the spatial, external and internal challenges of the present. It is argued that in today's global development, justice models are gradually transforming and inclusive. The inclusive development model is a hybrid model of social justice that focuses on equitable distribution of goods, sustainable economic growth in incomes and the level of protection and quality of life. Originality . The categorical apparatus of the concept of “justice” has been improved, which, unlike the existing ones, is proposed to be considered as a certain order that ensures equal opportunities for everyone and an honest distribution of wealth, benefits and income between members of society. Scientific and practical approaches to the formation of an inclusive model of social justice are proposed, which is a kind of clone of different models of justice, takes into account the combination of a number of development factors and uses swap mechanisms that will allow moving to a multi-level and multi-polar system of balanced development. Firstly, this is budgetary maneuvering to ensure a minimum level of social protection with the following options: 1) redistribution of current government spending; 2) an increase in tax revenue; 3) expansion of insurance premiums; 4) reducing the illegal movement of financial resources and establishing control over the dynamics of capital; 5) additional assistance, credit or restructuring of existing debt to free up resources; secondly, reorientation to the development of policies aimed at social protection of certain social categories and equalization of income (as is the practice in European countries); thirdly, ensuring conditions of social integration and equality in the provision of common services: expanding universal access to health care, education, and culture. Conclusion . The problem of inequality is perceived when the distribution of common goods is considered unfair. In practice, countries use various types and elements of socio-economic policy that dominate and are implemented in models of state development: liberal-democratic, corporatist (continental), conservative, social-democratic. The universal model of reducing inequality should be an inclusive model of social justice, which follows the principles of: accessibility of basic needs for each member of society; equal access to basic needs: education, medicine, etc.; compensation - the actual distribution between persons of the benefits (income) that the company receives from cost-effective changes. An inclusive justice model should be accompanied by a steady increase in population incomes, economic opportunities, security and quality of life, and not just simple GDP growth.

Moving toward Narrative Competence and Inclusive Healthcare through the Open Book Project

ABSTRACTThis essay offers a layered account of the origins and enactment of a narrative medicine program at the Ohio University Heritage College of Osteopathic Medicine titled the Open Book Project (OBP). Narrative medicine positions clinical judgment as involving both scientific and narrative reasoning, a set of practices particularly well-suited to fostering inclusive health care and social justice. The OBP involved first-year medical students who met bi-monthly to witness, reflect on, and write about literary passages, visual images, music and lyrics, and other works of art. Sessions also provided opportunities for participants to attentively listen and respond to others, opening themselves to diverse ways of knowing and being. The authors move between academic literature, participants’ compositions developed during the project, and students’ testimonies to illustrate the dividends and difficulties of narrative medicine.

Student-Teachers Reflecting on Student Diversity in Schools and Their Future Role as Teachers

Icelandic society and schools are becoming more diverse than ever before and teachers need to be prepared and skilled to teach in multicultural and inclusive schools that account for student diversity. This article reports findings on how two groups of student-teachers see student diversity as an element in their future job as teachers in Icelandic schools. Data were gathered by reflective diaries through two terms in a mandatory course (fourth year/master) in the teacher education programme at the University of Akureyri in Iceland. The students reflected on the course reading material that was based on both international and local literature on inclusive education, bilingualism, multicultural education, social justice and democracy. The findings indicate that a majority of the student-teachers had not thought critically about how student diversity would affect their future work as teachers, but their ideas about their role as teachers show that they want and hope to be responsible for all students.

Justice and Forgiveness in Interpersonal Relationships

People typically view justice and forgiveness as opposites. This article summarizes a burgeoning literature indicating that (a) punishment can, in fact, encourage forgiveness and (b) inclusive justice orientations are positively associated with forgiving.

Bioethics and Populism: How Should Our Field Respond?

Across the world, an authoritarian and exclusionary form of populism is gaining political traction. Historically, some populist movements have been democratic and based on a sense of inclusive justice and the common good. But the populism on the rise at present speaks and acts otherwise. It is challenging constitutional democracies. The polarization seen in authoritarian populism goes beyond the familiar left-right political spectrum and generates disturbing forms of extremism, including the so-called alternative right in the United States and similar ethnic and nationalistic political movements in other countries. The field of bioethics will be profoundly affected if authoritarian populism displaces constitutional democracy. But the field has a significant contribution to make to rebuilding the communal and civic foundations upon which constitutional democracy rests.

The Law of Peoples as inclusive international justice

In this essay, I argue for the “inclusive” advantage of John Rawls’s The Law of Peoples through a critical engagement with the political development of modern China. I start by introducing some recent developments in contemporary Chinese political theory, showing why it is now theoretically difficult to imagine that China can be incorporated into a liberal international order as a liberal society. In the main body of the essay, I conduct a comparative study of Joseph Chan’s Confucian perfectionism, a Confucian-inspired political theory embedded in Chinese cultural tradition and constructed for modern China, and the Law of Peoples. The purpose is to reveal (a) that there has already existed a school of Chinese political thought that will incorporate China into the Law of Peoples as a decent Confucian-inspired society and (b) that such a society will accept its global responsibility designated by the duty of assistance yet reject a global difference principle in the global original position. I conclude by suggesting how this potential “inclusiveness” of the Law of Peoples may help to remove some of new disturbance to the ideal of a just and stably peaceful world.

The Perfect Data-Marriage: Transitional Justice Research and Oral History Life Stories

There is a growing recognition in transitional justice research of the crucial significance of context-appropriate measures of justice practices and needs, which account for the diversity, locality, and complexity of individuals’ experiences of the past. In this perspective, this paper highlights the significance of oral history collections for exploring pluralistic understandings of the personal past and their relation to symbolic justice practices and needs. We argue that their audio-visual dimension and multi-layered nature makes them a unique qualitative data source that can contribute to a more realistic assessment of justice concerns in transitional settings. As tools of social dialogue and inclusive justice, they are also valuable means to promote the mutual acceptance and recognition of suffering and responsibility. We demonstrate how findings based on the analysis of survey data collected in Bosnia-Herzegovina (BiH) can be enriched by the exploration of oral history narratives from a dataset collected in BiH.

Intersystemic Care: How Religious Environmental Praxis Expands the Pastoral Theological Norm of Relational Justice

This essay provides theological reflection, theoretical resources, ethnographic data, and pastoral theological proposals regarding religious environmentalism as a form of intersystemic care that can connect social and ecological justice-making pursuits. The religious environmental praxis of the Central Texas Episcopal Church demonstrates how this form of religious praxis represents efforts at an ecologically inclusive relational justice, a key norm for pastoral theologians. This article explores theological and contextual rationales for pastoral theological engagement with ecological issues as a more thorough way of addressing structures of violence that impede the flourishing of both people and planet.

Program and institutional predictors of environmental justice inclusion in U.S. post-secondary environmental and sustainability curricula

Environmental justice (EJ) issues and perspectives, which emphasize the disproportionate environmental hazards experienced by low-income communities and communities of color, are often excluded from higher education sustainability discourses and curriculum. Utilizing a national sample of 297 interdisciplinary environmental and sustainability (IES) degree programs, this study identifies program-level values and student racial/ethnic demographics, as well as institutional structural characteristics influencing the inclusion of EJ content in IES curriculum. The findings have important implications for IES curriculum and program development, and racial/ethnic and class dynamics in this emerging field.

Transitions in identity, belonging, and citizenship and the possibilities of inclusion for women leaving prison: implications for therapeutic recreation

ABSTRACTExclusion is a major social issue in Canada. Women who have spent time in prison are particularly vulnerable to exclusionary practices. In this paper, we present findings from a study that examined how women who have returned to the community after incarceration experienced inclusion through their involvement in a community art project. By sharing the insights and experiences of women who participated in the research, we discuss how women’s inclusion was tied to conceptualizations of identity, belonging, and citizenship. We draw on these findings to suggest shifts in therapeutic recreation practice that can enhance inclusion for people most susceptible to being excluded and balance individual transformation with social change. Our hope is that these shifts will more closely align therapeutic recreation with the advancement of inclusive citizenship and social justice.

The Cultural and Political Intersection of Fair Trade and Justice: Managing a Global Industry by Tamara L. Stenn (review)

Reviewed by: The Cultural and Political Intersection of Fair Trade and Justice: Managing a Global Industry by Tamara L. Stenn Josh Fisher Tamara L. Stenn, The Cultural and Political Intersection of Fair Trade and Justice: Managing a Global Industry. New York: Palgrave MacMillan, 2013. 288 pp. Readers who expect an elaborate critical discourse on any of the keywords in this title, The Cultural and Political Intersection of Fair Trade and Justice: Managing a Global Industry, will ultimately be disappointed. Indeed, in this book, the word discourse makes not a single appearance, at least not in the Foucauldian sense. But, then again, the book is not written for such an audience. Rather, authored by a 15-year fair trade activist and founder of a fair trade retailer of Bolivian knit alpaca sweaters, it is written for students, businesspeople, and development practitioners with the goal of giving an inside perspective on the many challenges and hopes of fair trade, while offering concrete recommendations along the way. Stenn frames her project as an interdisciplinary attempt to assess fair trade by combining the disciplines of management, economics, and anthropology and measuring its impact on the ground through the lenses of ethnicity, gender, politics, and culture. As the title suggests, its overarching goal is to bring to the fore the forgotten voices of fair trade producers, whose ideas about justice and fairness, it turns out, are quite unlike our own. The book is divided into four sections, for a total of 12 short chapters, each of which ends with a section of supplementary materials or exercises for teaching students about fair trade and justice. In the first section, Stenn provides a lengthy overview of the four “pillars” of fair trade: institutions, consumers, producers, and government. Perhaps not surprisingly, given the experience of the author, the introductory and first chapter on institutions are the strongest. Stenn presents a thorough overview of fair trade organizations, highlighting their different principles and situating those principles within the specific narratives of their emergence—including the [End Page 209] “coming to consciousness” narratives of fabled fair trade pioneers, Francisco VanderHoff Boersma (founder of Max Havelaar) and Edna Ruth Byler (Ten Thousand Villages). Stenn also situates fair trade within the broader context of non-industry fair trading strategies, like direct trade, ethical trade, local trade, and the solidarity economy, which each have their own social and cultural logic. Unfortunately, the following chapters are much weaker. The chapter on consumers is largely a market report about fair trade, framed theoretically by a variation on rational choice theory. The chapter on government, which overdraws the difference between “free” and “fair,” is missing an important discussion on governance, or forms of social accountability that derive not from the state but from a much wider range of social actors like consumers, NGOs, and other organizations and networks. The chapter on producers, likewise, attempts to inventory the now well-rehearsed benefits that fair trade delivers to producers, like increased prices and access to markets, education, and long-term economic security. What ties this section together is a theoretical framework set out in the introduction and applied uniformly throughout the remainder of the text: Amartya Sen’s (2009) discussion of “the idea of justice.” According to Sen, as Stenn points out, Western philosophical traditions elide the important distinction between multiple forms of justice, as is evident in Indian philosophy. The first is niti, which conveys an institutional and rule-centered approach, such as in the Rawlsian juridical tradition. The second is nyaya, which instead attempts to capture the “spirit” of a much more inclusive justice, realized through such things as right intention, plural grounding, and public reasoning. What is startling about Stenn’s “application” of Sen’s framework is that it is never questioned, critically examined, or compared with other theoretical frameworks for what they might hide or bring to light. Sen’s framework is merely imposed on the text, which allows Stenn to make unwarranted claims like, “As the industry grows and reshapes itself through changes in the niti guidelines, the nyaya mission of Fair Trade stays clear, promoting greater equity and better trade conditions for marginalized people worldwide” (26). The second and third sections of the...

Data and Diversity in the Canadian Justice Community

This study explores the importance of quantitative and qualitative data in the development of more inclusive policies of recruitment and appointment in the justice community. Since at least the Abella Equality in Employment Royal Commission Report in 1984, the link between obtaining and analyzing data on recruitment and achieving greater inclusion has been well-documented and oft-repeated. The authors focus on the apparent resistance on the part of governments (in the case of judicial appointments) and private as well as public legal employers (in the case of legal recruitment) to keep, track and publish demographic data on who seeks these opportunities and who is selected for them. While the rhetoric around diversity and inclusion is now pretty much universally in favour of a judicial and legal community that reflects the society and communities they serve, opinions continue to differ sharply on the means of achieving this goal. Many view the focus on numbers and data alone as myopic, and as likely to obscure as reveal the reality of diversity in the judiciary and legal profession. Others are simply worried about efforts to manipulate such data, the impact of ranking, identifying “good” and “bad” firms and organizations in simplistic ways, and so forth. In other words, some fear the focus on data may in fact undermine the goal of a more inclusive justice community. The authors disagree. The authors’ view is that, while better practices with respect to collecting and publishing data on diversity will not in and of themselves make the justice community more inclusive, these data represent a necessary first step. The authors also explore blending quantitative and qualitative data together to provide a basis for a better understanding of the progress towards a more inclusive justice community in Canada.

Prison reentry as a rite of passage for the formerly incarcerated

American prison systems may be shifting away from warehousing towards prisoner rehabilitation. California’s corrections policy, for example, has changed dramatically in response to a variety of pressures budgetary, operational and judicial. What might such changes mean for prisoner rehabilitation and the chances of formerly incarcerated persons leading meaningful, contributing lives? This is an exploratory essay on the possibility of a formerly incarcerated person finding himself through prison work. My primary concern is with understanding and utilizing current shifts in correctional philosophies and practices to create healing alternatives and a more inclusive justice, one with room for my own healing. I pursue this inquiry through the use of an autoethnographic approach to legal storytelling.

Inclusive justice beliefs and forgiveness: Commonality through self-transcending values

Although justice and forgiveness are generally held to be competitive constructs, increasingly, studies indicate that when justice is operationalized on the basis of its inclusive characteristics, it is compatible with forgiveness. This study (N=142) applied a human values framework to provide a theoretical explanation for the positive association between justice (operationalized as just world beliefs about the self [BJW-self]) and forgiveness. Replicating previous research, BJW-self was associated positively with forgiveness and negatively with revenge in response to a specific transgression. Importantly, the self-transcendent values of universalism and benevolence, but not the self-enhancing value of power, played an explanatory role in relations between BJW-self and forgiveness and revenge. Theoretical implications and future research ideas are discussed.

Justice in Human Research Ethics

One of the core values to be applied by a body reviewing the ethics of human research is justice. The inclusion of justice as a requirement in the ethical review of human research is relatively recent and its utility had been largely unexamined until debates arose about the conduct of international biomedical research in the late 1990s. The subsequent amendment of authoritative documents in ways that appeared to shift the meaning of conceptions of justice generated a great deal of controversy. Another difficulty has been that both the theory and the substance of justice that are applied by researchers or reviewers can be frequently seen to be subjective. Both the concept of justice--hether distributive or commutative--and what counts as a just distribution or exchange--are given different weight and meanings by different people. In this paper, the origins and more recent debates about the requirement to consider justice as a criterion in the ethical review of human research are traced, relevant conceptions of justice are distinguished, and the manner in which they can be applied meaningfully in the ethical review of all human research is identified. We also explain the way that these concepts are articulated in, and the intent and function of, specific paragraphs of the National Statement on Ethical Conduct in Human Research (2007). The National Statement identifies a number of issues that should be considered when a human research ethics committee is reviewing the justice aspects of an application. We provide guidance to researchers as to how they can show that there is a fair distribution of burdens and benefits in the participant experience and the research outcomes. We also provide practical guidance to researches on how to think through issues of justice so that they can demonstrate that the design of their research projects meets this ethical requirement.

Animal sensibility and inclusive justice in the age of Bernard Shaw

Animal sensibility and inclusive justice in the age of Bernard Shaw