Dilemmas Of Justice Research Articles

Global Models, Victim Disconnect and Demands for International Intervention: The Dilemma of Decoloniality and Transitional Justice in Sri Lanka

Abstract This article uses Sri Lanka as a case study to impel engagement of decoloniality with transitional justice. It identifies gaps in the literature critical of transitional justice, specifically structural interpretations of power hierarchies, state-centrism and disregard of ethnicity and religion. It thereby uses a decolonial analytical lens on empirical findings from Sri Lanka’s failed transitional justice process to identify and understand continuing colonial power structures, including epistemic coloniality. The empirical findings offer three new insights. First, an ideational, structural and procedural disconnection between victims and the global transitional justice model is noted. The article traces how victim positioning and this disconnection were disregarded in favour of an internationally authoritative, credible and universal model of transitional justice. Second, the ethno-religious challenges to transitional justice, which include its reliance on the state as a neutral provider of justice, are highlighted. The third finding, however, on victim demands for greater international involvement, presents a dilemma to future decolonial consideration of transitional justice. Despite only using decoloniality as an analytical tool, the article nevertheless demonstrates the need for deeper reform, including at the epistemic level, for transformation to occur within the field.

The Dilemma of Justice: The International Criminal Court’s Political Maneuver

ABSTRACT∞ This article explores the perspectives of Afghan human rights advocates and academics on transitional justice, focused on the conundrum of the International Criminal Court (ICC) to investigate war crimes and crimes against humanity in Afghanistan. As a judicial entity, the ICC operates in a political environment. The tug of war of the ICC concerning what party to investigate is a testiment to this claim. In a recent twist, the new prosecutor, Karim Khan, issued a statement that his office would focus on crimes perpetrated by the Taliban and the Islamic State Khorasan Province, thus deprioritizing other parties, including the Afghan national security forces and the US military, that were determined by his predecessor. The Afghan human rights advocates and academics, while supporting accountability, criticize selective justice. The nature of war, the US–Taliban peace deal in 2020 and the collapse of the Afghan government in 2021 have furthered the dilemma of justice.

Dilemmas of Justice in Law – the Historical-Legal and Semantic Aspects of Justice

Dilemmas of Justice in Law – the Historical-Legal and Semantic Aspects of Justice

Justice Dilemmas in Law – the Law Justice Meta-Principle Under the Example of the Polish Administrative Process

Justice Dilemmas in Law – the Law Justice Meta-Principle Under the Example of the Polish Administrative Process

The Racial Justice Dilemma: Examining the Enforcement of Capital Punishment in Contemporary Legal Systems

This research aims to discuss the dilemma of racial justice that arises in the enforcement of capital punishment in various contemporary legal systems. Although legal principles mandate justice and equality before the law, the enforcement of capital punishment often reflects glaring racial imbalance. This study analyzes the factors causing racial disparities in the application of capital punishment, as well as its impact on public trust in the legal system. The research also investigates various reform efforts that have been proposed or implemented to address the issue of racial justice in the enforcement of capital punishment. Referring to various reports, studies, and official sources from Indonesia, it can be concluded that urgent reforms are needed to address this dilemma. Measures such as racial awareness training for legal professionals, increased access to legal aid, and a review of law enforcement policies are key to improving racial justice and rebuilding public trust in the justice system. Thus, this analysis not only provides a deeper understanding of racial justice issues in the context of capital punishment in Indonesia but also highlights the efforts needed to create a fairer, more inclusive legal system respected by all members of society.

Justice Dilemmas in Law: on the Sense of Analysing Biblical Texts in Modern Jurisprudence

This article deals with research problems related to justice and law. This is a perennial topic that has been widely discussed in literature but is somewhat forgotten today. Justice in law has been put aside along with values that are self-evident as a kind of dogma, which is utterly wrong. When we ask what such justice in law means, however, and what it affects, we do not get simple and satisfactory answers. Therefore I try to prove that a broad, multi-faceted approach can prove valuable. To this end, in my view, it is reasonable and valuable to use all available research and sources. Some biblical texts, such as the parable of the owner of a vineyard, which I have chosen for analysis, may prove particularly interesting. The parable reveals a great many interesting issues. They are still relevant today and deal with the problems faced by modern legal systems. I believe the texts can be beneficial for the development of jurisprudence. They also enable the integration of the science of state and law, either internally (e.g., with legal dogmatics, which permits the creation of just law) or externally (with sciences other than law). The claim here is that biblical texts, despite the fact that they do not belong directly with legal science, have qualities that enable their use in modern jurisprudence. The researched excerpt and the only biblical text discussed here will be that of Apostle Matthew.

Questioning International Law: Authority, Applicability, Execution, Balance of Power and Justice Dilemmas

Bu makale, uluslararası hukukun varlığına yönelik eleştirileri incelemekte ve tartışmaktadır. Makale, uluslararası hukukun tanımını ve amacını ele alarak başlar ve ardından eleştirilerin temel sebeplerini, detaylı incelemelerini ve alternatif yaklaşımları sunar. Temel eleştiriler, egemen devletlerin üstünde bir otorite eksikliği, uygulanabilirlik ve uyum sorunları, icra ve yaptırım eksikliği, devletlerin çıkarları ve güç dengeleri ile küresel adalet ve eşitsizlikler olarak belirlenmiştir. “Bosnia and Herzegovina v. Serbia and Montenegro” ve “Thomas Lubanga Dyilo” davaları, uluslararası hukukun icra ve yaptırım eksikliği konusunda önemli tartışmalara yol açmıştır.
 Makale, eleştirilerin ayrıntılı incelemesinde, egemen devletlerin rızasına dayalı hukuk, egemen eşitliği ilkesi, farklı hukuk sistemleri ve değerler, uluslararası mahkemelerin etkisizliği ve yaptırım mekanizmalarının sınırlılığı gibi konulara değinir. Eleştirilere yanıt olarak, uluslararası hukukun geliştirilmesi ve reformu, bölgesel ve çok taraflı işbirliği, sivil toplum örgütlerinin ve uluslararası örgütlerin rolü ve adil ve eşitlikçi bir dünya düzeni için çözüm önerileri sunulmaktadır.
 Sonuç bölümünde, eleştirilerin değerlendirmesi ve uluslararası hukukun önemi ve geleceği üzerine düşünceler aktarılarak makale sonlandırılmaktadır.

Study on the dilemma and path of criminal justice of environmental pollution

Study on the dilemma and path of criminal justice of environmental pollution

Did the Superbowl Ad Curse Heighten Defined Contribution Plan Fiduciary Duties?: Deciphering the Legal and Ethical Landscape of Cryptocurrency Options in 401(k)s

Regulating cryptocurrency’s place in America’s most popular retirement savings vehicle generates thorny legal, ethical, and social justice dilemmas. Too little regulation could hurt those at highest risk of underfunded retirement. Too much could exacerbate existing racial, ethnic, and gender inequities. Though recent regulatory efforts suggest 401(k) administrators violate their fiduciary duty of care by offering cryptocurrency investment options to plan participants, the established fiduciary regime protects 401(k) plan participants from cryptocurrency risk while respecting their savings preferences. Yet, the current framework falls short of ethically and equitably serving all plan participants, particularly members of underserved communities— a problem largely unaddressed in academic, industry, or regulatory discourse. This Article demonstrates how regulators’ needlessly paternalistic approach toward cryptocurrency options could disproportionately impact minority retirement savings participation. Applying the existing fiduciary framework and practical mechanisms that plan fiduciaries currently use would minimize cryptocurrency risk to participants without rewriting the rules governing plan administration. This Article also proposes a novel, scientifically supported method by which fiduciaries should convey retirement planning information to improve retirement outcomes for all: via non-traditional media.

The Social Factors of the Income Gap of Digital Labour under the Transformation of Platform Capitalism

With the rapid development of digital technology, people are creating digital products, which has led to a digital transformation of the form of labor. The resulting platform capitalism is an economic form that will dominate society in the future, and the amount of digital labor it involves is only increasing. Based on existing literature and data, this paper discusses three separate issues affecting the income gap of digital labor by targeting audiences, social media, and advertisers. It is found that the pay of the audience as digital labor is limited by the degree of exploitation by advertisers and the extent of their use of social media. First, platform capitalism sustains the commodification of user behavior, resulting in a cashable act of digital labor. Second, big data exposes audiences to dilemmas of justice, and the exploitation of platform capitalism impacts the fairness of digital labor. Third, mediatization also impacts the income gap in digital labor, with less visible mediums earning less than more visible ones

When Medical Ethics and Military Ethics Collide.

In 12 narratives, medical workers from Afghanistan, Darfur, Gaza, Iraq, Israel, Myanmar, and Ukraine describe the day-to-day challenges of providing quality medical care in austere conflict zones. Faced with severe shortages of supplies, overwhelmed by sick and injured civilians and soldiers, and subject to constant attacks on medical personnel and facilities, the contributors to this collection confront difficult dilemmas of justice, medical impartiality, neutrality, burnout, and moral injury as they struggle to fulfill their duties as medical professionals, military officers, and conscientious citizens.

Abusive School Leadership Practices and Teacher Dissenting Voices: Analysis through Nancy Fraser and Miranda Fricker

Abstract Research notes a significant rise in varied practices of abusive supervision within the schooling context. Abusive leadership is a social justice dilemma which needs sustained confrontation. This qualitative conceptual study provides a philosophical exploration of the practices of abusive school leadership towards teachers with dissenting voices. This paper takes a conceptual methodological approach and deploys dominant social justice theories espoused by Miranda Fricker and Nancy Fraser as underpinning lenses. Extant and established scholarly literature on abusive supervision was identified and critically analysed. In its examination, the guiding research question was: what are the attributes of abusive school leadership and how do such leadership react to voices that are dissenting? This study is significant because there seem to be inadequate scholarly and empirical contributions on abusive school leadership practices towards teacher dissenting voices.

大學生在效益論和正義思維兩難情境中客觀立場與置身其中的比較

<p>本研究的目的在於檢視「效益論與正義思維兩難情境量表」之心理計量特徵,瞭解台灣的大學生在該量表上之表現情形,並探討個人在不同情境下,處在不同的立場觀點所做的道德判斷之差異組型,以及探究重要的背景變項與效益和正義取向的關聯性。根據 230 位受試者的實徵資料發現,台灣的大學生在分量表 1 較傾向於效益論的取向,而在分量表 2 和 3 則較傾向於正義思維的判斷;15 題兩難情境中,有 13 題在客觀立場和置身其中兩個不同觀點所做出的效益判斷得分的平均數和百分比有顯著差異。性別、教育水準、支持的黨派、宗教信仰以及工作經驗等是影響受試者的表現之重要背景變項。</p> <p> </p><p>This study evaluated the psychometric characteristics of a utilitarianism versus justice scale and assessed the moral reasoning of students faced with utilitarianism versus justice dilemmas based on daily life scenarios. The consistency of their moral judgments made from objective and situated standpoints was also evaluated. The effect of background variables on their utilitarianism versus justice scale scores was explored. Empirical data from 230 participants revealed that the college students were generally more utilitarianism oriented on the first subscale and more justice oriented on the second and third subscales. Among the 15 items, 13 items differed significantly with respect to the means and proportions of the moral judgment scores the students assigned from objective and situated standpoints. Sex, education level, partisan orientation, religious beliefs, and working experience were significantly correlated with the utilitarianism versus justice scale scores.</p> <p> </p>

Research on the Criminal Imputation Path of Network Service Providers

Network service providers have taken on a more prominent part in the process of Internet governance in recent years as one of the important subjects of cyberspace. Criminal justice dilemmas like ambiguous semantics of network service providers, a failure to distinguish between different types of network service providers, and difficulties in convicting network service providers frequently arise when it becomes necessary to assess the criminal law of network service providers. In this paper, the author analyzes the reasons behind the dilemma through the legal norm analysis method, such as the diversification of network services and the high-speed development trend of network technology, the difficulty of unifying the classification standards, and the large differences in the types of network services, and the controversial application of new crimes. Based on this, with reference to the relevant provisions of foreign countries, and based on the existing legal environment in China, network service providers should be divided into two types from the subjective and objective aspects. At the same time, the specific semantics, scope of obligations, and scope of criminal imputation under their respective types should be clarified in order to achieve a more reasonable and feasible path of criminal liability fixation, so as to help the judicial authorities define the subject of network service providers more efficiently, and conviction and sentencing more accurately.

Ruptures of the Anthropocene: A crisis of justice

The Anthropocene and associated sense of crises, most prominently climate change, have opened up an urgency versus justice dilemma. While an epochal thinking drives the urgency, it is essential to attend to the ruptures illustrated by historical events like colonisation that shape the fabric of the Anthropocene and its impacts. Historical patterns of extraction and racialisation that underline the Anthropocene and climate change fit neatly into the schema for contemporary and future energy transitions shaped by an apolitical discourse of urgency and emergency. Attending to the historical ruptures helps root universal and apolitical urgency in justice for/from particular places and peoples and reframe ideas like climate emergency and climate crisis as more accurate climate justice emergency and climate justice crisis.

The ugly truth behind transitional justice in the post-revolution phase: A constitutional law and economics analysis

AbstractThis article explores the transitional justice (TJ) dilemmas after revolutions have overthrown autocratic regimes through developing a model that uses a law and economics methodology. The article seeks to answer two questions: Why do post-revolution regimes resort to or ignore TJ policies towards former autocratic regimes? And why is it difficult to adopt and apply welfare-enhancing TJ mechanisms in practice, including popular suggestions within the TJ literature to portray the civil society organizations as the key solution to TJ dilemmas? To answer these questions, the article provides a theoretical positive analysis of the scenarios and dilemmas of TJ. It argues that TJ should function both as an internalization mechanism of negative externalities of the violations of the past-regime, and a form of constitutional arrangements as anex anteincentives structure to prevent the repetition of these violations. However, due to asymmetric information problems, behavioural biases and the constitutional nature of TJ, the ‘TJ momentum’ precludes most of the traditional solutions for this principal–agent problem.

What do we mean by justice in sustainability pathways? Commitments, dilemmas, and translations from theory to practice in nature-based solutions.

Justice and fairness have become key considerations in sustainability pathways and nature-based solutions (NBS), following activists and critical scholars who have long argued that the urban environment is an inherently political space that requires an analysis of benefits and burdens associated with its existence, use, and access. However, what justice means and how it is expressed, recognized, or achieved is often implicit in the literature on NBS, even though underlying notions of justice shape the analysis done and actions proposed. This paper starts from the premise that justice knows many different interpretations, therefore warranting scholars and practitioners working on NBS to carefully consider the differences and frictions between competing meanings of justice. Drawing from the history of social and environmental justice theory, we give an account of some key justice dilemmas and discuss their tenets as it relates to the end, means, and participants in the making of justice. From this, we draw out questions and commitments academics and practitioners in the NBS space should grapple with more explicitly. We argue that the emergent tension between pragmatic policy approaches and critical theoretical engagement is hindering a version of NBS that goes beyond a reflection of the justice implications of NBS to ensuring that NBS contributes to the furthering of justice. We advocate for the inclusion of critical social sciences and humanities perspectives and approaches beyond tokenism to instead encourage ontological, epistemological, and political reflection of the work academics and practitioners do in the NBS space.

Threats to Democracy

After a discussion of the literature on the development of societies and of the multiple causality of societies, this paper discusses 12 threats to democracy: autocracy, cultural decline, polarisation, elite paradox, populism, confusion, capitalism, dilemma of benevolence and justice, institutional crowding, sort-termism and depletion, AI and robots.

Exploring the social implications of buying and selling cyber security

Governments, businesses, private citizens and even organised crime are increasingly investing in cyber security, with the cyber security industry growing in size and relevance. This paper demonstrates that markets for the buying and selling of cyber security should be subject to many of the same critical inquiries typically targeted at the private security industry. Using a number of illustrative examples of emerging trends in the commodification of cyber security it will be highlighted how these markets create significant social impacts and present similar dilemmas of democracy, justice, sovereignty, and deleterious side-effects for wider society. Key conceptual differences between cyber security commodities and ‘conventional’ security commodities will also be considered before arguing for an inter-disciplinary research agenda into the considerable social implications of the buying and selling of cyber security commodities.

Reply to “The Imperative for Social Foundations Revisited: A Technical Comment on Warren and Venzant Chambers (2020)"

Our 2020 Educational Researcher article, “The Imperative of Social Foundations to (Urban) Education Research and Practice,” emphasizes three particular social foundations of education (SFE) subdisciplines (sociology of education, history of education, and philosophy of education) to demonstrate the strength and necessity of SFE as a multi-perspectival approach to resolving persistent education justice dilemmas. In their technical comment, Aydarova et al. (2022) insist that our article potentially facilitates “erasure of SFE’s complexity and interdisciplinarity” (p. 289). They, like us, care deeply that SFE be understood as indispensable to advancing racial justice in and beyond education research, policy, and practice. These scholars foreground the invaluable contributions of anthropology of education to oppose racism and accentuate justice-oriented education alternatives. This essay responds to the technical comment by clarifying what we find to be a fundamental misinterpretation of our argument and, ultimately, its scholarly purpose. Not only do we contend with our colleagues’ concern that our work is reductionist, we demonstrate how Aydarova et al.’s urgent call to foreground SFE’s interdisciplinary nature further underscores the central argument made in our 2020 paper.