Justice For People Research Articles

Perceptions of Distributive Justice of People in Contemporary China: an Empirical Study

Objectives: This paper aims to explore the impact of media use, subjective class status, local comparison and demographic variables on Chinese people's perception of distributive justice through quantitative analysis. Based on the existing literature, distributive justice is divided into macro distributive justice and micro distributive justice, of which the micro distributive justice includes two dimensions of outcome justice and opportunity justice. The paper analyzes 2015 Chinese General Social Survey data (CGSS2015) and get some results. First, in terms of Chinese people's macro-distributive justice perception, the use of Internet media has a negative impact on macro-distributive justice perception, subjective class status and local comparison have a positive impact, and gender, degree of education and birth generation in demographic variables also have significant impacts; Second, in terms of perceived outcome justice, subjective class status and local comparison have significant positive impacts on perceived outcome justice, gender has a significant positive impact on perceived outcome justice, and degree of education and birth age have negative impacts on perceived outcome justice; Third, for perceived justice of opportunity, Internet media use and degree of education have significant negative effects, while subjective class status, local comparison, birth generation and other variables have positive effects.

Mapping out the path ahead for corporate criminal procedure law in People´s Republic of China

The tale of procedural fairness is, by now, familiar and well worn. People ́s Republic of China criminal system of justice, which is currently gearing towards the pathway of procedural fairness, has (for the better or for the worse) attracted a wide global gaze. Irrespective of the underlying fairness (or the lack thereof) of the grievances brought forth by a worldwide phalanx of critics, China is steadily toiling towards the path of procedural justice, which is rooted firmly in the Rule of Law. Whilst procedural justice and procedural fairness map seamlessly on to the context of corporate criminal procedure law, there is bevy of critical questions that are in dire need of being consistently addressed nonetheless. One which is whether and to what extent politically- charged tools, which seemingly belie the western-borne concept of separation of powers (as the Supreme People ́s Procuratorate Guiding Cases and, to some degree, Supreme People ́s Court Judicial Interpretations) are amenable to forge the path ahead to meeting the fundamental tenets of due process in corporate criminal procedure law in Mainland China. Against this background, this paper aims to answer two sweeping research questions. Firstly, the degree to which corporate governance (and corporate compliance) subdues (and foremost trumps) corporate criminal liability. Secondly, whether and to what extent SPP Guiding Cases have catalyzed a seismic shift in People ́s Republic of China criminal procedural law. Conversely,one central contention of this paper is that a set of fairness-fraught corollaries can be withdrawn from SPP Guiding Cases with a view to map the path forward to fulfilling the baseline standards of both procedural fairness and procedural justice in People ́s Republic of China corporate criminal procedure law.

SOCIAL JUSTICE IN LAW, SOCIETY AND DEVELOPMENT: A MARXISM PERSPECTIVE OF INDONESIAN CASE

This article explores about social justice in people's lives according to Karl Marx's prespective of the concept of social class. It also discusses Marx's concept of the struggle of the social class to provide a solution for the proletariat, to free themselves from the chain of cruelty, violence and alienation in the capitalist system to achieve social justice. The essence of social justice in Karl Marx's prespective is that if a society has created a manifestation of self through compassion, and the collaboration of a classless society, without violence, and without oppression, and humans are free from all forms of human alienation. Our main analysis is to examine the relationship between the concept of social class struggle and the need for a social revolution as a tangible form of justice for the formation of classless societies and also analyze the inhumane living conditions of the proletariat class in modern society. Marx considers freedom as a possibility for all people to develop their human potential, so that this thinking is the background of their social justice theory. This shows that social justice in Indonesia is a very important thing in the life of society and state for the sake of prosperity, peace and security

Justice for People on the Move, by Gillian Brock

Justice for People on the Move, by Gillian Brock

MAHATHIR MOHAMMAD'S POLITICAL COMMUNICATIONS IN POLITICAL DYNAMICS IN MALAYSIA

The political turmoil in Malaysia following the resignation of Mahathir Mohammad (February 2020), and the success of Muhyiddin Yassin in the position of Prime Minister, made the political atmosphere even more dynamic. There are those who think that Malaysian politics currently shows a serious problem with the fierce battle between political figures. There have even been various accusations that say there is treason that justifies any means to achieve the goal. Muhyiddin Yassin, who is Mahathir's representative in the Malaysian Indigenous United Party (PPBM), was accused of treason. Likewise, Azmin Ali who was deputy chairman of the People's Justice Party (PKR) was accused of treason by Anwar Ibrahim, so that Azmin was fired from the PKR. Mahathir Mohammad is a senior Malaysian political figure with long experience in politics. The political communication that Mahthir has built is very intelligent with his success as a UMNO figure and the Prime Minister of Malaysia for more than 20 years. As a doctor, since the age of 25, he has been active in politics through the UMNO party. Mahathir understands that politics is very dynamic and political figures must be able to adapt to the existing political dynamics. It was this political dynamic that made Mahathir leave UMNO when he saw the many deviations committed by his figures. Mahathir then formed a new party, Partai Pribumi Bersatu Malaysia (PPBM) which succeeded in ending UMNO's domination in the 2018 elections. Mahathir's political communications were truly tested when he succeeded in becoming the second prime minister of Malaysia at the age of 92 years. The political message delivered by Mahathir was able to convince the Malaysian people about the direction of national development. His long and successful experience in politics made him known as the father of modernization in Malaysia. However, in the end, he was removed by Muhyiddin Yassin (his own friend) from the seat of Prime Minister at the age of 94. Because actually in politics there are no friends and enemies who are eternal, it is political interests themselves that are eternal.

Response to Paulina Ochoa Espejo’s Review of Justice for People on the Move: Migration in Challenging Times

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Justice for People on the Move: Migration in Challenging Times. By Gillian Brock. Cambridge: Cambridge University Press, 2020. 256p. $99.99 cloth.

Justice for People on the Move: Migration in Challenging Times. By Gillian Brock. Cambridge: Cambridge University Press, 2020. 256p. $99.99 cloth.

Justice for People on the Move: Migration in Challenging Times

Justice for People on the Move: Migration in Challenging Times

Deportation, harms, and human rights

ABSTRACT In Justice for People on the Move, Gillian Brock constructs an elaborate normative framework, based on human rights practice, to assess how states must treat international migrants in order to legitimate exclusionary claims to self-determination. In this discussion piece, I argue that this framework cannot always satisfactorily explain when and why it is impermissible for legitimate states to remove irregular migrants from their territory (i.e. deport them). I show that Brock’s intuitions about at least one of her own paradigm cases – the removal of long-settled immigrants whose irregular immigration was tacitly approved at the time – are not accommodated by her own framework. However, Brock also acknowledges that deportation is often harmful to persons and that this is morally problematic. Although this concern with harm is not systematically elaborated in Brock’s discussion, I think it should be. I suggest that a purely harm-based framework is fully able to negotiate Brock’s moral worries about deportation and outline the cornerstones of such a framework, stressing that harm in deportation may count as permissible only if it satisfies the joint desiderata of necessity and proportionality. I conclude by giving a sense of how one of Brock’s paradigm cases – the tacit-approval case – could be assessed within this framework, arguing that such an analysis would likely bolster Brock’s intuitions about this case whilst satisfactorily explaining if and why exactly the deportation practice in question cannot permissibly be pursued by legitimate states.

Does Brock’s theory of migration justice adequately account for climate refugees?

ABSTRACT In Justice for People on the Move, Gillian Brock develops a promising, original account of migration justice. In her view, states have a robust (though conditional) right to self-determination, which includes a reasonably strong right to regulate migration. However, in order for these rights to be justified, three legitimacy requirements must be met. Most obviously, states must respect the human rights of their own citizens and the international state system itself must be legitimate. This latter condition also requires states to do their part in sustaining a justified state system, which includes helping to alleviate ‘legitimacy gaps,’ including significant human rights violations in other states. Brock uses this framework to address several pressing migration-related policy issues, including Muslim bans, the deportation of unauthorized migrants, temporary labour migration, and refugee protection. However, one topic is notably absent from her analysis: climate-related displacement. Some theorists insist that climate change migrants should not be considered refugees because they do not fit the standard definition of a refugee. In particular, climate migrants were displaced by droughts, floods, storms, or sea level rise rather than by war or persecution, and many are able to remain in their homes at present but will be forced to relocate at some point in the future. This paper explores the implications of Brock’s theory of migration justice for climate migration. I suggest that although her approach to refugee protection may initially appear to exclude climate migrants, her understanding of the right to self-determination yields strong obligations to assist them. I take this to be a strength of her framework, which makes an important, albeit indirect, contribution to current debates on climate change migration.

Human rights and liberal values: can religion-targeted immigration bans be justified?

ABSTRACT In Justice for People on the Move (2020), Gillian Brock argues that immigration bans targeting religions run afoul of international human rights agreements and practices concerning equal protection under the law, freedom of conscience, and freedom of religion. Religion-targeted bans are also said to violate ethical requirements for legitimacy by not treating immigration applicants fairly and signalling the acceptability of hatred and intolerance. Brock centres her discussion around the example of the Trump administration’s 2017 Muslim ban, for which she notes additional problems such as the ban’s being motivated by dubious empirical assumptions about the risk of terrorism. I raise two challenges for Brock’s argument. I begin by asking whether banning the immigration of individuals from certain Muslim majority countries could be justified on the grounds that a large portion of the population in those countries appear to reject core liberal values such as the equal rights of women and homosexuals. This leads to my primary challenge, which concerns the practice of treating religion as a morally protected category such that discrimination based on religion is inherently impermissible. I argue that religions should be viewed as more akin to political ideologies than to morally arbitrary categories like race and sex, and that if a given religion is genuinely harmful to liberal values, an immigration ban could in principle be compatible with respect for human rights.

Travel bans and COVID-19

In Justice for People on the Move, Gillian Brock helpfully proposes a number of internal and contribution requirements, central to human rights practice, that must constrain states’ exclusion of no...

Introduction essay: migration justice in a cruel Covid-19 world

ABSTRACT This is an introductory essay for a special symposium on Gillian Brock’s recent book, Justice for People on the Move: Migration in Challenging Times (Cambridge: Cambridge University Press, 2000).

Law Enforcement and Justice: Perspective of Authority and Responsibility of the President towards the Judicial System

An independent judicial power is very important as one of the main characteristics of the rule of law, therefore its position must be maintained in Indonesia. The purpose of this paper confirms that any attempt to intervene in the authority of the Supreme Court and the Constitutional Court in the justice system, including intervention from the President, must be considered an unconstitutional act and violates the ideals of the Indonesian rule of law. A review of the President's position in the statutory regulations found the fact that there was still a gap in the infiltration of the President's power over judicial authority. Specifically in two cases, the first relates to the ambivalence of the prosecutor's position that is not as firm as the Police. Second, the constitutional judge selection model. The need to re-arrange the mechanism for selecting constitutional judges derived from the President's proposal so that it can be more aligned with efforts to distance the President's power from the power of the judiciary. In addition to the recommendations to the formers to reorganize the two potential infiltrations, this paper also recommends the institutionalization of public petitions based on Mark Tushnet's ideas about populist constitutional law. The existence of a public petition institution becomes a forum for gathering input and advice in law enforcement and justice. The opening of the President to accept public petitions makes it easier for the people to submit law enforcement issues which, in a sense of people's justice, must be addressed.

Justice for migrants and refugees: a discussion of Gillian Brock’s Justice for People on the Move by the author of No Refuge

ABSTRACT This article is part of an author-meets-author symposium that focuses on my most recent book, No Refuge, and Gillian Brock’s new book, Justice for People on the Move. Both books focus on the ethical implications of how we respond to migration flows. What makes some responses to migrants and refugees acceptable and others not? What moral obligations, if any, do we have to migrants and refugees? Both Justice for People on the Move and No Refuge provide frameworks to answer questions like these and to guide people who are interested in making ethical policies around migration and refugees. While we share the same broad goal – articulating the norms that will help policy makers, leaders and citizens to respond more justly to migrants and refugees around the world – we differ in our approaches, our methodologies and ultimately in how we ground our claims for justice. In this article, which focuses on our two recent books alone, I seek to highlight our common ground as well as noting some of our differences.

Reimagining refuge: a discussion of Serena Parekh’s No Refuge by the author of Justice for People on the Move

ABSTRACT This article is part of an ‘Author meets author' exchange that focuses on my recent book, Justice for People on the Move, and Serena Parekh’s forthcoming book, No Refuge. I describe some of the ways in which I believe Parekh and I usefully converge on similar recommendations, some of the ways in which we diverge and why there are important matters to discuss as we try to advance the conversation on how to reduce the injustices associated with our international arrangements for dealing with refugees. One point of difference that comes into view is that, because Parekh and I have different foci, the content of the responsibilities for which we advocate sometimes differs significantly. A recommendation which might seem important if we attend only to the plight of refugees might not be optimal if we hope to promote sustainable arrangements that assist as many of the most disadvantaged that surround refugee crises, as well as refugees. Here my broader focus on migration justice and global justice more generally suggest different courses of action should be promoted. Our different agendas sometimes affect the content of our responsibilities here and now.

A atuação da Defensoria Pública na promoção do direito de acesso à justiça no Brasil

Este artigo tem por objetivo analisar as diversas formas de atuação da Defensoria Pública no Brasil para promover o direito de acesso à justiça. A organização da Defensoria Pública e seus objetivos estão previstos na Constituição Federal de 1988 e na Lei Complementar n° 80, de 1994, tendo, a referida instituição, o compromisso com a promoção dos direitos fundamentais e o acesso à justiça das pessoas hipossuficientes. O método utilizado no trabalho é o dedutivo, tendo por base pesquisa bibliográfica. O estudo aborda o significado do direito de acesso à justiça, analisando sua alteração através do tempo, e, posteriormente, verifica o papel da Defensoria Pública em termos de promoção do acesso à justiça às pessoas em situação de vulnerabilidade econômica e social. A função da Defensoria Pública envolve a assistência jurídica em âmbito judicial e também em âmbito extrajudicial, sobressaindo-se também a missão de informar as pessoas a respeito dos seus direitos, para que posteriormente, possam ser exercidos. O trabalho destaca que oferecendo assistência jurídica a grupos hipossuficentes, como mulheres, idosos, crianças, moradores de rua e pessoas menos favorecidas economicamente a Defensoria Pública promove o acesso à justiça, concorrendo para a efetividade de direitos fundamentais como direito à saúde, educação, moradia, ampla defesa e contraditório, etc.

Justice in Migration: Are Human Rights Enough?

Gillian Brock’s Justice for People on the Move is an important contribution to the migration literature. While I agree with many of Brock’s arguments, I focus here on a few key points of difference between us. I press three interrelated concerns about Brock’s view: first, the practical implications of her assessment of the state-system’s current illegitimacy remain too unclear. Second, Brock’s human rights-based theory neglects the importance of citizens’ democratic agency, in a way that may have paternalistic implications. Third, Brock’s view is tolerant of inequalities of wealth and power that may enable relations of exploitation, as we see by examining her advocacy of guestworker schemes. The article draws attention to those places where Brock’s view faces hard questions, and explains why I might have answered some of these questions differently.

Pendidikan Anti Korupsi dalam Perspektif Islam

Corruption always has a negative impact on the life of the nation and state. This dishonorable behavior has hurt the people's justice. Deviations on the basis of corruption have reduced the quality of the country to the community. Therefore it is necessary for the awareness of the whole community to participate in efforts to eradicate, eliminate, and minimize so that corruption can be prevented. The spirit of anti-corruption needs to be introduced to all levels of society, especially in the world of education, anti-corruption education is part of moral education in the perspective of Islamic religious education. Corruption is synonymous with, not trustful, dishonest and not grateful for all the blessings given by Allah Almighty and always feel lacking. Anti-corruption education is part of moral education in the perspective of Islamic religious education, where the source is from the Qur'an and hasis, which are expected to be able to manifest and develop virtue values in the younger generation, such as trustworthiness, responsibility, giving thanks to Allah's giving Almighty and honest as a form of piety and faith in Allah.

Sexual Assault Policing and Justice for People With Developmental Disabilities.

The Services and Supports to Promote Social Inclusion of Persons With Developmental Disabilities Act that passed in 2008 was intended to improve services and supports for persons with developmental disabilities in Ontario, Canada. This legislation introduced a new mandatory police reporting policy for any suspected abuse, including sexual assault. While heralded as a significant advancement, questions remain about the policy and the Canadian criminal justice system's capacity to effectively respond to abuse of people with developmental disabilities. Drawing on qualitative interview data with police investigators and Victim Crisis Services employees in Ontario, this article examines how police respond to these reports. The findings highlight the need for more clearly defined protocols and training on these types of sexual assault investigations and increased provision and coordination of appropriate support for victims/survivors with developmental disabilities.