Foundations Of Justice Research Articles

Education and everyday life: McLuhan’s ‘city as classroom’ as a practice of social justice in social change

ABSTRACTIn this article, I argue that Marshall McLuhan’s underexplored notion of the ‘City as Classroom’ can provide a robust model of education that can serve as an important foundation for social justice and civic action. Infusing McLuhan’s model with conceptual insights from critical pedagogy, I offer a situated education of everyday life that allows for creative and adaptive resources for navigating broader fields of power in a variety of socio-cultural contexts.

UNSUR KERUGIAN DALAM UNJUSTIFIED ENRICHMENT UNTUK MEWUJUDKAN KEADILAN KOREKTIF (CORRECTIVE JUSTICE)

Recent development to claim damages on the basis of either wanprestatie or onrechtmatige daad would not provide saticfactory grounds to the question of justice. There will be a situation in which that no one shall be unjustly enriched at the expense of another which all outside the scope of contract and tort. This has led to the existence of an independent legal doctrine known as unjust enrichment. It is among the most debated private law subjects today in asking for justice. Corrective justice brings to the remedial relation between the plaintiff and the defendant; it is solely concerned with the norm of justice that provides reasons to restitution. Corrective justice properly evaluates the structure of injustness to the both sides, the plaintiff and the defendant. It gives effect to restitutionary proprietary interests rather than compensatiton. This article elaborates the law of unjust enrichment as ground for restitution in conjunction with the corrective justice. Furthermore, this article focuses on the theoritical foundation of corrective justice to meet the unjustified enrichment criteria.

‘Seeing justice to be done’: the documentaries of the ICTY and the visual politics of European value(s)

ABSTRACTThis article addresses the series of seven documentaries produced by the International Criminal Tribunal for the Former Yugoslavia in relation to postsocialist politics and competing notions of justice. While they are considered educational media, given their circulation, these films, while not immediately legible as transnational cinema, might usefully be regarded as such because of their intended global reach and because of their visual production of a global and singular version of justice. Rather than focusing on questions of genre, this article emphasizes that as part of a transnational circuit of documentary films produced by an international tribunal, the ICTY documentaries evidence the limited liberal notion of justice (framed as universal justice) scaffolding the workings of a post-Cold War global human rights regime. The narrative and visual modes through which the films lay claims to historical truth as the foundation of future justice for the Balkans draws spatial as well as temporal boundaries, in which “terror” and illiberal values are expunged from Western Europe’s past and displaced onto the post-Yugoslav nations. When analyzed as a whole, the ICTY documentaries thus sketch borders around an idea of Europe, and demarcate values and modes of violence that are ostensibly foreign to present-day Europe.

The Power of literature and Sustenance of Human Dignity in the 21st Century: a Study of Nawal El Saadawi’s Woman at Point Zero

The article deals with the treatment of human dignity in El Saadawi’s Woman at Point Zero. We begin with an extended methodological and conceptual exploration, asking what should be taken as primary in examining human dignity. Noting a particularly close relationship between contemporary uses of human dignity, international law, and human rights, this connection is treated as focal without assuming that it is definitive of the concept. The use of human dignity in public international law is a marker for understanding the moral, legal and political discourse of human dignity. A characteristic expression is found in the Preamble of the International Covenant on Civil and Political Rights (1966) whose rights “derive from the inherent dignity of the human person” and whose animating principle is “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family [as] the foundation of freedom, justice and peace in the world.” This assertion and others like it form a common reference point in contemporary literature on human dignity. Importantly, this ‘inherent dignity’ represents a potential bridge between a number of different ideas and ideals, namely freedom, justice and peace. Literature has a unique capacity to touch the hearts and minds and engage readers in a way that is distinctly different from political or academic texts. This paper argues for a rich understanding of human dignity, an understanding that cannot be reduced to rigid principles. Cultural forms, imagination, and fantasy employed in Saadawi’s Woman at Point Zero allow us to see this richness.

Rights-based Approach: The Hub of Sustainable Development

Abstract A rights-based approach to the environmental issues has been gaining momentum since the United Nations’ Environmental Agency proposed a new rights-based agenda for sustainable development in the document, Transforming our world: The 2030 Agenda for Sustainable Development (UN, 2015). Our moral responsibility toward the environment is essential to the project of sustainable development. The Kantian ethical tradition lays the foundations of a rights-based approach to human rights and sustainable development. Human rights are essential to the flourishing of all human beings regardless of their nationality or another status. Linking human rights to environmental justice has been an arduous task, but contemporary environmental ethicists argue that giving a human face to the environment that nurtures and sustains us is a precondition for sustainable development. The concept of sustainability addresses the issue of economic growth at present and how this impacts the future generations. This paper examines the rights-based environmental ethics, which has emerged in the context of a human rights-based approach to human development and forges a link between rights-based ethics and sustainable development that could establish a solid foundation for environmental justice.

Internet Neutrality: A Battle Between Law and Ethics

In 2016, the Telecom Regulatory Authority of India issued the Prohibition of Discriminatory Tariffs for Data Services Regulations. It favours the principle of internet neutrality. This principle suggests that all data on the internet should be treated equally without discrimination by user, content, site, etc. The objective of this paper is to justify the idea that internet neutrality cannot ensure equality in the ethical sense. Net neutrality can only maintain technological equality. The author proposes the argument that technological equality is not the same as ethical equality. Treating all content, which is not homogenous, equally leads to unethical activities. It hampers an individual’s relationship with his or her society and, thereby, blocks the foundation for social justice. Accordingly, the neutrality principle ignores the idea of social justice and fails to protect human rights. Hence, it cannot be ethically justifiable in its present form.

A Community Counseling Center Model for Multicultural and Social Justice Counselor Education

ABSTRACTThe Community Counseling, Education, and Research Center (CCERC) model addresses a critical public health need for accessible, affordable, high-quality mental health services focused on wellness. Within a southeastern urban community, the multicultural and social justice foundation of the model responds to systemic needs and creates an optimal learning environment for counselor education graduate students, unavailable in traditional health-care and human service systems. A client study is offered to demonstrate the application of the model.

Advancing an energy justice perspective of fuel poverty: Household vulnerability and domestic retrofit policy in the United Kingdom

The concept of energy justice has brought philosophies of ethics and principles of social justice to bear on a range of contemporary energy issues. More inter-disciplinary and applied endeavours are now needed to take this field forward. One such application is to the issue of fuel poverty and the challenge of retrofitting inefficient housing stock. An energy justice perspective sees fuel poverty as a fundamentally socio-political injustice, not just one of uneven distribution. Starting from this premise, we highlight the multiple injustices faced by two groups who are regarded by policymakers as being particularly vulnerable to fuel poverty: disabled people and low-income families. In the UK, these groups are nominally prioritised within fuel poverty policy, but their complex situations are not always fully appreciated. Building on the theoretical foundations of energy justice, we present an inter-disciplinary dialogue that connects this approach with wider vulnerability research and domestic energy efficiency policy. Specifically, we discuss ‘within group’ heterogeneity (recognition justice), stakeholder engagement in policy and governance (procedural justice) and the overlap of multiple structural inequalities (distributional justice). In each section we illustrate the added value of combining justice and vulnerability conceptualisations by linking them to domestic energy efficiency schemes.

Rethinking judicial empowerment: The new foundations of constitutional justice

Despite growing attention to the causes and consequences of judicial empowerment and the judicialization of politics, there is no consensus on the concept or the measure of formal judicial power. We present an original and comprehensive conceptual framework that includes three dimensions. The first is ex ante autonomy, which is concerned with pluralism in the process of appointing justices, and with the ability of a single outside actor to control appointments. The second is ex post autonomy, which measures the extent to which a single actor can shape and manipulate the incentives of sitting justices. The last is the court’s scope of authority, which evaluates the court’s ability to intervene decisively on a broad range of politically relevant issues, on behalf of a broad range of actors. We argue that high and low levels of autonomy and authority interact to produce qualitatively different models of constitutional justice, reflecting differences in the goals of political actors to design courts as mechanisms of governance. We apply the framework in the context of formal institutional changes to courts in Latin America over thirty-five years. The results reveal several important insights not captured by purely additive or one-dimensional measures of judicial empowerment. We show that designers increasingly prefer tradeoffs among dimensions rather than across-the-board increases in formal autonomy and authority, and discuss the implications of these results.

In pursuit of energy justice

Energy Justice provides a framework to perceive disparities in our energy system. The foundation of energy justice draws heavily from the environmental justice movement, grounded in larger issues of representation, economic relations between the state, firms and social groups. This article draws from the environmental justice movement to explore concepts of universal and particular justice. Universal energy justice holds to values stemming from judicial and philosophical groundings based in procedural, distributional and cosmopolitan justice issues. Particular energy justice relies on recognition justice of cultural and environmental factors influencing choices around energy technologies and policy preferences for the distribution of energy services. Empirically, this article examines tensions within the energy system in the European Union. It does this in two areas: First, by examining how universal energy justice is spread through National Regulatory Authorities (NRAs) dealing with energy; Second, particular energy justice is exemplified by a political solution to energy poverty in Bulgaria, rather than a regulatory response, this contrasts with a Western European approach. The aim of the article is to show the pursuit of energy justice attempts to resolve tensions between groups and differing politics to both access and provide energy services.

The Illusion of Neutrality: Abortion and the Foundations of Justice

This article will assail one of the central aspirations of Rawlsians and other liberal neutralists in the context of debates over some high-profile issues of political morality. I will ponder chiefly the problem of abortion, but I will also much more briefly treat of some other matters which are similar to that problem in respects that bear directly on my critique of neutralism. As this article will argue, the issues explored herein stymie the efforts of liberal neutralists to prescind from certain vexed points of contention ─ not because those issues render the avoidance of such points of contention especially difficult, but because they render it impossible.

Analysis of errors in forensic science

Reliability of expert testimony is one of the foundations of judicial justice. Both expert bias and scientific errors affect the reliability of expert opinion, which in turn affects the trustworthiness of the findings of fact in legal proceedings. Expert bias can be eliminated by replacing experts; however, it may be more difficult to eliminate scientific errors. From the perspective of statistics, errors in operation of forensic science include systematic errors, random errors, and gross errors. In general, process repetition and abiding by the standard ISO/IEC:17025: 2005, general requirements for the competence of testing and calibration laboratories, during operation are common measures used to reduce errors that originate from experts and equipment, respectively. For example, to reduce gross errors, the laboratory can ensure that a test is repeated several times by different experts. In applying for forensic principles and methods, the Federal Rules of Evidence 702 mandate that judges consider factors such as peer review, to ensure the reliability of the expert testimony. As the scientific principles and methods may not undergo professional review by specialists in a certain field, peer review serves as an exclusive standard. This study also examines two types of statistical errors. As false-positive errors involve a higher possibility of an unfair decision-making, they should receive more attention than false-negative errors.

The Ugandan Constitution of 1995: How it integrated Human rights Principles to Contribute to the Promotion, Protection and Preservation of Rights in Uganda

Human Rights as rights recognized in the preamble of the Universal declaration of Human rights to be inherent dignity and of the equal and inalienable rights of all members of the human family, adding that it is considered to be the foundation of freedom, justice and peace in the world. This paper presents the recognized form of protection, promotion and protection of human rights through enactment of acts in the Ugandan constitution. More is done in the paper to demonstrate how it integrates the international and regional rights in the constitution. A brief history of the constitution is presented and interpretation of the implication of acts towards the established human rights institutions is explained. Lastly a critical view on the implementation of the constitution of Uganda by the Government of Uganda is made consecutively on the analysis made from acts in relation to promotion, protection and preservation of rights in Uganda.

La restitución de tierras consagrada en la Ley 1448 de 2011, a la luz de la teoría neoconstitucionalista

Esta investigación versa sobre los fundamentos doctrinales y legales del neoconstitucionalismo, de la justicia transicional y de la restitución de tierras contemplada en la Ley 1448 de 2011, así como sobre los postulados jurisprudenciales planteados por la Corte Constitucional frente a la restitución de tierras en el país, que reflejan la aplicación de los fundamentos neoconstitucionales. El trabajo se realizó a través de un análisis doctrinal-teórico, mediante el estudio de las normas relacionadas con la restitución de tierras en Colombia, el desarrollo de esa política pública y la determinación de los elementos neoconstitucionales a través de un estudio de la jurisprudencia de la Corte Constitucional que fundamentan la normatividad relacionada con la materia

Incentives and barriers to environmental inequality mobilization: A case-study analysis in Wallonia, Belgium

Environmental inequality scholarship has sought to shed light on the unequal environmental conditions borne by poor people and racial minorities, and to challenge public policies. Most studies are concerned either with assessing the unequal distribution of environmental amenities and disamenities or with exploring the theoretical foundations of environmental justice movements.We propose an original approach to environmental inequality, focused not only on the unequal distribution of environmental burdens but also on two other types of factors: the capacity to mobilize and engage in community organizations on the one hand and the spatial dimension of environmental inequalities on the other.The evidence for this study is from an opinion survey carried out in 2012 with 1298 individuals. We use a two-step cluster analysis method to compute a classification system based on four categories of variables: socio-economic, environmental, spatial, and social capital.

‘Shine like a jewel’: Kantian ethics, probation duty and criminal justice

Since the 1980s, the criminal justice system in England and Wales has been recalibrated by the ideological and material forces of marketisation and competition. Specifically, the probation duty to advise, assist and befriend has been eroded by the instrumental functions of punishment and prison. These profound transformations have undermined the ethico-cultural foundations of criminal justice, indexed clearly in the privatisation of probation services between 2010 and 2015. The original contribution of this article draws upon Kantian deontological ethics to critique these events and to re-energise the moral coordinates of government policies and organisational practices. It confronts the current orthodoxy with the unconditional moral demand of duty and moral obligation.

The Immovable Foundations of the Infinite and Immortal: Tocqueville's Philosophical Anthropology

AbstractMy purpose in this essay is to show that the enduring value of Alexis de Tocqueville's work is rooted in his philosophical anthropology, or view of human nature. In Democracy in America, Tocqueville reveals his view of human nature as he treats the relationship between religion and politics in the democratic social state. His political science remains valuable because he understands human beings as creatures distinguished by their desire for the infinite and immortal. In sum, for Tocqueville, religion is an essential support of liberty in the democratic social state because it answers the soul's desire for the infinite and immortal, and provides the foundations for personal and political justice.

Prinsip Kesetaraan Gender dan Non Diskriminasi dalam KOvenan ICESCR dan ICCPR

Universal Declaration of Human Rights recognizes the inherent dignity and of the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world. To exercise those rights, in 1966 General Assembly of the UN has adopted two Covenant, namely International Covenant of Economic, Social and Cultural Rights and International Covenants on Civil and Political Rights. The States Parties of the two Covenants undertake to guarantee that the rights regulated in the covenants language, religion, political or other opinion, national or social origin, property, birth or other status. So that we can conclude that the two Covenant recognize, the existence of gender equality principle and non discrimination principle.

Restorative Justice as a Form of Collaborative Governance: A Theoretical Analysis of Mediation and Collaboration

Restorative justice challenges the values and processes of many modern retributive criminal justice systems, i.e. mechanisms of governance, through the promotion of values and processes that seek to promote collaboration of socio-political actors. While a series of ethical arguments and understandings serve as a strong basis for the promotion of restorative justice, the practice also argues for addressing the institutions and systems of governance that respond to instances of conflict and crime. This paper argues for an understanding of restorative justice as a practice of collaborative governance. Specifically, restorative justice depends upon three major principles of collaborative governance: civil society, deliberative democracy, and associational democracy. In this project, I review the foundations of restorative justice, and categorize process based and value based conceptions of restorative justice. Specifically, this argument focuses on micro- and macro-level process conceptions of restorative justice. By reviewing the frameworks of civil society, associational democracy, and deliberative democracy – I place restorative justice within the framework of collaborative governance. Ultimately, I argue restorative justice depends on shared values and processes inherent to civil society, associational democracy, and deliberative democracy.

Hybrid security governance in Africa: rethinking the foundations of security, justice and legitimate public authority

This article asks whether the concept of ‘hybridity’ offers a more convincing account of security governance in Africa than the standard state-focused models. It seeks to clarify the complex intersections between formal and informal, state and non-state security actors, and the varied terrains on which hybridity is constructed, instrumentalised and recalibrated over time. Rather than romanticising informal or ‘traditional’ institutions, it suggests that they too embed their own power hierarchies, become sites of contestation, and do not work equally well for everyone, least of all for the weak, vulnerable and excluded. Thus the focus is placed upon the real governance of security in hybrid systems, and the patterns of inclusion and exclusion (including gender biases) they reinforce. Finally the paper considers how policy-makers and shapers can work with the grain of hybrid security arrangements to create more legitimate, broadly-based and effective African security governance.