Justice Literature Research Articles

Highlighted Virtues in Iniyavai Narpatu

Virtue is living blamelessly in one's mind. Thiruvalluvar has said in the authority entitled Aran Emphasis that everything done without purity of heart is of an avaricious nature. The word Aram refers to ten things namely Dharma, Puniyam, Merit, Religion, Wisdom, Charity, Fasting, Cursing, Dharma Goddess, and Yaman. The term Aram is derived from the word Aru. Virtue is the elimination of evil, the removal of vice, the eradication of guilt, and freedom from worldly desires. Virtue is a measure of justice and it is a natural virtue that develops in society. If you want to achieve perfection of virtue, you need to be active in a state where the mind, language, and meaning are combined. In today's situation, we see the growing feeling of enmity among people on the basis of caste, religion, race, language, country, etc. It can be considered that the basic reason for the hatred of each other on the basis of religion and caste is flagging all over the world today. Therefore, love should be increased by eliminating enmity. Love is born in a heartless heart and respect is born in a heart without arrogance. The virtue that is necessary for today's practice is that people should protect all living beings as if they are their own life. justice literature is based on this unity. Therefore, this book is organized as a group for this concept. The author of Iniyavai Narpatu was Boothanchendanar. He was called Boothanchendanar, the son of a Madurai tamilaciriyar makanar. He points out that these are the good morals of the book.

Shared Fairness Perceptions of Chinese Subordinates and German Supervisors

Enriching organizational justice literature with insights from cultural identity negotiation theory, our explorative, qualitative study develops an evidence-based model illuminating how culturally diverse subordinates and supervisors can achieve through their cross-cultural interactions shared fairness perceptions. Our analysis is based on a complex research design comprising in total 133 interviews in China and in Germany from Chinese subordinates of German supervisors, German subordinates of Chinese supervisors, Chinese supervisors of German subordinates and from German supervisors of Chinese subordinates. As a result of our empirically induced theorizing, we came to understand the centrality of inter-linked cultural identity negotiation processes. Only those subordinates and supervisors who were willing and able to engage in such processes, once they came into contact with the other respective party, succeeded in arriving at the approximation of previously more distinct fairness perceptions and ultimately to a partially shared understanding of fairness. In addition, we found various moderating factors influencing the cultural identity negotiation processes. From these factors cultural preservation, i.e., the degree to which the subordinates and supervisors cling to their original cultural identity, was by far the most important one.

The greening of human rights in Iran: Lake Orumiyeh, human rights, and environmental justice

In the mid-2000s, a social movement emerged in northwestern Iran to demand increased environmental protections for Lake Orumiyeh. Once among the largest saltwater lakes in the world, Lake Orumiyeh has undergone rapid desiccation, losing nearly 90 per cent of its surface area over the past two decades. Conceptually, the aim of this article is to examine how protesters in Orumiyeh used environmental justice, both as a concept and political strategy, to make human rights claims against the Iranian state. I posit that environmental justice functions as a coded language in this political context, where it is challenging to speak openly about human rights. Drawing from environmental justice and critical human rights literature in geography, combined with an empirical and visual analysis of protests to save Lake Orumiyeh, I analyze how protesters strategically ‘greened’ the language of human rights to protect themselves from state violence. I compare two protests organized in 2010 and 2011 to demonstrate how the site of the lake was used to signify broader grievances against the state. Through a comparison of the affective tone and state response to the protests, I explicate both the importance and the limits of ‘greening’ human rights as a protest strategy. Taken together, these case studies illustrate how limiting activism to binary frameworks of the environmental or political renders invisible the multidimensional claims of protesters. My study demonstrates the importance of widening our analytical gaze to incorporate protests that register rights claims outside of the normative framework of human rights, thereby accounting for political contexts where alternative rights narratives are both strategic and necessary.

Last On the List: The Protection of Sexual and Reproductive Health and Rights in Timor-Leste’s Transitional Justice Process

ABSTRACT Sexual and reproductive health and rights (SRHR) have been insufficiently addressed in transitional justice literature. Based on findings collected during extensive fieldwork in Timor-Leste, this article contributes to the emerging field by offering insights into how women’s SRHR were taken into account by the trials and the truth commission implemented after the conflict. The article reveals the barriers women encountered in accessing these transitional justice mechanisms, while drawing on examples from other jurisdictions to show the systematic underreporting and the neglect of these rights in a global context. The article contributes to the evaluation and analysis of the impact of transitional justice, but also highlights an area of violence against women that has been neglected in post-conflict environments and the importance of fieldwork in framing human rights discourses.

English

The last decades witnessed the emergence of transitional justice as a global norm which obliges post-conflict transitioning states to address systematic past human rights violations through purposeful judicial and non-judicial mechanisms. While its typical architecture focused on formal transitions, the dynamics of non-regime transitions and compliance is often neglected in transitional justice literature, and the measures also signify manifold challenges. This article attempted to assess the beleaguered transitional justice measures implemented in Ethiopia’s current troubled non-regime transition which came after the authoritarian and Marxist TPLF/EPRDF regime collapsed in 2018 after violent anti-government protest. Consequently, under the new hybrid elites’ leadership, host of justice measures were implemented but they unfolded in the absence of both typical transition and guiding transition roadmap. Through the lens of compliance and resistance in transitional justice, the article finds that rather than addressing legacies of atrocious past, the flawed and instrumentalist implementation of contested justice processes and the mismanagement of the narrow window of opportunity led to unprecedented societal violence and new political complexities. The Ethiopian case, therefore, reveals that seeking the retributive transitional justice measure in the absence of typical regime change and inter-elites bargain, and in an ethnically polarized political transition exacerbate inter-elite discord, bolster ethnic-supported resistance from predecessor elites, and harbor the risk of resurgence of new violence. Hence, it falls short of achieving the compliance with the transitional justice norm such as ensuring accountability (fighting impunity), adequately addressing past wrongs through judicial and non-judicial means and also ensuring non-recurrence of the same in the future.   Key words: Transitional justice, compliance, challenges, Ethiopia, non-regime transition.

Transitional Justice Incubator: Bridging European Fault Lines

Transitional justice is typically perceived as a product of the third wave of democratisation, which came to the fore after the fall of the Iron Curtain, bringing along with it various mechanisms, from truth commissions and lustration procedures to national trials, leading to the creation of hybrid and international tribunals of global reach.1 Despite its obvious relevance, the aftermath of the Second World War is generally treated as a cursory prehistory in the transitional justice literature. With the exception of the Nuremberg trials, robust research on legal and extralegal ventures which characterised the first postwar decade remains largely disconnected from contemporary transitional justice concerns, and yet it offers a number of valuable lessons.2 Three recent publications which are the subject of this review are therefore a welcome intervention, highlighting the scope and depth, successes and fallacies of efforts to come to terms with the atrocious legacy of the Second World War in its immediate aftermath.

Why New Zealand’s Indigenous reconciliation process has failed to empower Māori fishers: Distributional, procedural, and recognition-based injustices

How is it that the New Zealand government’s process for re-establishing Indigenous fishing rights has failed to deliver thriving Māori fisheries? This paper examines why, at Te Waihora, a coastal lake, and site of one of the nation’s longest running and best-funded state-Māori co-governance agreements, Māori fishers have been unable to use their rights to support their fishery. As of 2018, the lake’s culturally and ecologically significant eel population was no longer commercially viable, a decline fishers have attributed to rampant dairy industry expansion upstream. Drawing on environmental justice literatures, we deploy a multi-dimensional framework to identify factors shaping possibilities for justice in the wake of rights reconciliation, as experienced by Māori fishers, scientists, and leaders. We engage theories of political economic relations to interpret the implications of these experiences for environmental justice theory and politics. Ethnographic accounts demonstrate that the New Zealand government’s process for re-establishing Māori rights falls short of achieving distributional, procedural, and recognition-based dimensions of environmental justice, and that these effects are interlinked. In particular: (i) downstream fishers are placed to bear disproportionate costs of runoff from upstream land use change; (ii) Māori fishers have little influence over governance decisions that affect land use; and (iii) government claims, including that Māori should, “move beyond grievance mode,” obscure logics for resistance. We suggest that the government’s support for dairy industry expansion represents an attempt to mitigate crises of overaccumulation, characteristic of competitive markets. Unlike those who identify persistent injustice as a logic for turning away from the state, we argue that the recurring nature of these crises, and the role state organizations play in directing responses, indicates a rationale for continued engagement with state governing bodies to advance justice.

Ambiguities at Sites of Acceptance: Agrarian Neoliberalism and Herbicide Exposure in Argentina

In this article, we study how dominant ideas on herbicide-dependent agriculture are reappropriated and recreated at different scales in farming towns of the Argentine Pampas. First, we analyze the discourses of national reach, to show how herbicide use is institutionally justified, promoted, and legitimized, while also being downplayed or minimized. Second, and based on our interviews with people who benefit from herbicide-dependent agriculture, we inspect how they interpret and reframe national actors' discourses. Our analysis shows ambivalences toward the risks of agrochemical exposure, a tendency to dilute them by pointing to people's quotidian coexistence with other environmental hazards, and a reinterpretation of the right to use agrochemicals in terms of national sovereignty and individual rights to prosperity. We also identify an understanding of the role of the state that overlapped with the typical neoliberal stance but also departed from it in significant ways. This study contributes to the understanding of “sites of acceptance” and to the environmental justice literature by focusing on understudied places, actors, and processes.

Just water transitions at the end of sugar in Maui, Hawai‘i

In December 2016, Hawai‘i saw its last sugar harvest on a 36,000-acre plantation in Maui. In the preceding decades, Native Hawaiians had struggled to regain their water rights from a failing sugar industry that had dewatered the island's streams for centuries. Now, with the end of sugar, Native Hawaiian and environmental groups are working to restore traditional practices and diversified agriculture—goals which hinge upon changing water management practices and rewatering Maui's streams. In this paper we combine frameworks from the water justice literature with a just transitions framework typically applied to energy landscapes in order to examine ‘just water transitions’ in Maui. By synthesizing these frameworks, we show how water-based economic transitions can address the tradeoffs and reconfigurations of infrastructure and power required for a more just future. We examine three distinct visions of water management promoted by coalitions of actors in support of different types of agricultural production systems for the island. We argue that a just water transition – that is, a move toward a more culturally, politically, and ecologically just management of water – must engage with water-specific, place-specific, and historically grounded factors including the legacies of infrastructure, water laws, and powerful agricultural interests.

Reconsidering Transitional Justice

Abstract The transitional justice literature has, for decades, sought to understand and advocate for mechanisms through which a society may transition from a period of autocracy and mass atrocity into one of democracy, peace and stability. However, this field has left certain geographic regions under-examined — including, for example, events taking place in 20th-century China. Seeking to augment the literature’s consideration of transitional justice, this article employs the case study method to examine two pivotal events in China’s recent history: the 1949 Communist Revolution and the Gang of Four Trials in 1979. It is argued that incorporating these examples into the literature could supplement our understanding of transitional justice and that, by broadening the lens on this concept, events that have long existed on the margins could be internalized to enrich the field’s discussion. In order to accomplish this, the article puts forward a new framework through which transitional justice examples may be analysed — employing a graphical aid to visually designate both the type of justice sought and the degree of transition achieved.

Gender and the Colombian Peace Process

Colombia’s decades-long internal conflict seemingly came to a close in 2012 when the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) declared their intent to engage in peace talks. In this transitional justice period, Colombia aimed to effectively address all the violations that had occurred during the conflict by holding them accountable within its Peace Agreement - including gender-based violations (GBV). This essay will examine the ways in which Colombia’s most recent peace process tackles conflict-related GBV in order to study whether these violations were sufficiently and appropriately addressed. The first section of this essay will define gender-based violations and examine how they have been addressed in transitional justice literature so far. The second section will evaluate how successfully Colombia’s peace process handles GBV by (a) studying the inclusion of gender perspectives in the peace process and by (b) analysing how the 2016 Peace Agreement provides for (i) truth, (ii) justice, (iii) reparations and (iv) guarantees of non-repetition in terms of GBV. In doing so, this article hopes that academic literature, the international community, and other peace processes can use Colombia’s take on gender-based violations as a guide - on what to do well and what to do better – so that the recognition of and protection from GBV is only increased here on out.
 
 Keywords: SGBV, Colombia, transitional justice, gender

‘We Are Not Our Parents’ – beyond Political Transition: Historical Failings, Present Angst and Future Yearnings of South African Youth

ABSTRACT The story of South Africa’s liberation struggle, from apartheid to constitutional democracy, is writ large with in-depth contributions from young people. Despite their historical involvement, young people have been noticeably absent from the transitional processes ushering in South Africa’s postapartheid dispensation. Their absence has created a crisis of legitimacy, particularly among those disillusioned young people who are unsentimental about the transition and who are growing increasingly impatient and frustrated with the slow pace of transformation in postapartheid South Africa, in particular within institutions of higher learning. Internationally, South Africa is widely considered as a role model for transitional justice, largely due to its peaceful transference of power from minority rule to the current democratic system. Domestically, however, South Africa’s transition has come under fire for prioritizing reconciliation without simultaneously addressing the social, institutional, political and economic injustices of the past. This article uses the ‘#FeesMustFall’ student protests that swept across South African universities from 2015 to 2017 as a case study for critically discussing whether young people feel South Africa’s transition has been transformative in terms of addressing its colonial and apartheid legacy. Conceptually, the article is rooted within institutional and decolonial transformative justice literature that identifies how the failure of transitional processes to address colonial civil-political and socioeconomic rights can lead to violence. It is argued that the #FeesMustFall protests represented a call for inclusive transitional justice processes that address past inequalities which continue to manifest in the present, including unequal access to free, quality and decolonized education.

Towards a CO2-neutral steel industry: Justice aspects of CO2 capture and storage, biomass- and green hydrogen-based emission reductions

A rapid transition towards a CO2-neutral steel industry is required to limit climate change. Such a transition raises questions of justice, as it entails positive and negative impacts unevenly distributed across societal stakeholders. To enable stakeholders to address such concerns, this paper assesses the justice implications of three options that reduce emissions: CO2 capture and storage (CCS) on steel (up to 70%), bio-based steelmaking (up to 50%), and green hydrogen-based steel production (up to 100%). We select justice indicators from the energy, climate, labour and environmental justice literature and assess these indicators qualitatively for each of the technological routes based on literature and desk research. We find context-dependent differences in justness between the different technological routes. The impact on stakeholders varies across regions. There are justice concerns for local communities because of economic dependence on, and environmental impact of the industry. Communities elsewhere are impacted through the siting of infrastructure and feedstock production. CCS and bio-based steelmaking routes can help retain industry and associated economic benefits on location, while hydrogen-based steelmaking may deal better with environmental concerns. We conclude that, besides techno-economic and environmental information, transparency on sector-specific justice implications of transforming steel industries is essential for decision-making on technological routes.

Building the Rule of Law in Post-Conflict States: International v. Mixed Model of Transitional Justice

Abstract The transitional justice literature emphasizes the importance of domestic actors in the successful design and implementation of mechanisms such as trials if the rule of law is to meaningfully develop in post-transitional societies. Yet in many post-conflict states the international community is involved in these policies from the beginning. Using a Most Similar System Design to compare the experiences of Bosnia and Herzegovina and Kosovo, which incorporates data from the author’s fieldwork in both countries from 2016–2021, this article finds that expectations in the literature are overstated. Improvements in the rule of law as a result of transitional justice were found when there was a mix of international and domestic participation. Additionally, this analysis proposes a new methodology to categorize transitional justice when the international community and domestic actors are involved in these programs.

How scarcity influences home country consumers' attitudes toward the firm engaging in cross-border philanthropy? The role of perceived distributive justice

PurposeThe purpose of this research is to explore how experienced scarcity affects home country consumers' attitudes toward the firm engaging in cross-border philanthropy by analyzing perceived distributive justice as a mediating variable. This research also investigates the moderating factor of this effect to identify practical strategies for managers.Design/methodology/approachThis research conducted one survey (Study 1) and three experiments (Studies 2–4) by manipulating scarcity to provide robust evidence for the influence of experienced scarcity on consumer perception of the company conducting cross-border philanthropy.FindingsThis paper provides empirical insights about the significant negative effect of experienced scarcity on consumer attitudes toward the firm engaging in cross-border philanthropy. It proposes that home country consumers with high versus low experienced scarcity show lower perceived distributive justice for cross-border philanthropy, which generates less favorable attitudes toward the firm. To alleviate the negative impact of experienced scarcity on consumers' perceptions of corporate reputation, providing donation amount comparisons between home and foreign countries has a significant moderating effect.Practical implicationsThis paper provides several suggestions for marketers seeking cross-border philanthropy to improve consumers' attitudes toward the firm.Originality/valueThis paper enriches the literature on corporate social responsibility in the domain of cross-border philanthropy and explains contradictory findings on consumers' attitudes toward corporate cross-border philanthropy. Moreover, this study makes meaningful contributions to the scarcity and justice literature.

Is shooting for fairness always beneficial? The influence of promotion fairness on employees' cognitive and emotional reactions to promotion failure

AbstractPromotions, as a part of organizational incentive and reward systems, can motivate employees to perform well and to increase commitment to their firms. But very little is known about why and when promotion failure influences employees' subsequent responses. Integrating social‐cognitive theory and the cognitive appraisal theory of emotion in justice literature, we investigated the effect of promotion failure on employees' work engagement through cognitive and emotional processes and the moderating effects of perceived promotion fairness. Employing two survey studies (Study 1 and Study 2) and an experimental study (Study 3), we found that: (1) promotion failure was negatively related to self‐efficacy and positively associated with anger; (2) promotion failure was negatively related to work engagement through reduced self‐efficacy and elevated anger; (3) promotion perceived to be fair amplified the negative effect of promotion failure on employee self‐efficacy but mitigated its influence on anger; (4) promotion fairness perception strengthened the indirect negative relationship between promotion failure and work engagement through self‐efficacy but weakened this indirect relationship via anger. Our work contributes to promotion and justice literature and enlightens practitioners about how to manage promotion practice.

Safe drinking water for small low-income communities: the long road from violation to remediation

Small, low-income communities in the United States disproportionately lack access to safe drinking water (i.e. water that meets regulated quality standards). At a community level, the literature has broadly claimed that a major barrier to safe drinking water access is low technical, managerial, and financial (TMF) capacity. At a broader structural level, the environmental justice literature has shown that historical neglect of low-income communities of color has resulted in numerous water systems without the financial and political resources to meet water quality standards. This study investigates the contemporary processes by which distributive injustices persist in California’s Central Valley. The study uses key informant interviews with a range of stakeholders, including employees at the state, county and community, non-profit organizations, and engineers, to understand why sustainable water quality solutions for small low-income communities remain such a challenge. The interviews are structured around a decision chain, which builds out the specific steps needed to go from a maximum contaminant level violation to remediation. The resulting decision chain makes visible the multiple steps at multiple stages with multiple actors that are needed to arrive at a solution to substandard water quality. It shows the numerous nodes at which progress can be stalled, and thus functions as a behind-the-scenes look at the (re)production of persistent inequalities. The complexity of the process shows why having the TMF capacity needed to get to a safe water system is not a reasonable expectation for most small community water systems. Inequalities are continually being produced and cemented, often by the very steps aimed towards remediation, thus making persistent disparities in safe drinking water access a de facto state-sanctioned process that compounds a discriminatory historical legacy.

Exposure, access, and inequities: Central themes, emerging trends, and key gaps in Canadian environmental justice literature from 2006 to 2017

Environmental injustices—in the form of inequitable distribution of environmental risks and benefits, uneven access to decision‐making processes, and misrecognition of communities—have been documented globally. However, in Canada, many have argued that the story of environmental injustice is less widely known, with more fragmented research that has produced little in terms of public policies intended to alleviate injustice. This paper uses a meta‐narrative review approach to map the evolution of environmental justice research in Canada between 2006‐2017, and characterize how central themes, emerging trends, and gaps in the literature have changed since the last review of this kind was completed. We conducted a systematic search of publications addressing environmental justice in Canada, yielding 820 publications. We coded abstracts to assess patterns of coverage across space, time, topics, and populations of focus. We find that Canadian environmental justice literature has continued to grow in quantity and scope, addressing more dimensions of environmental harms and benefits, and from an increasingly integrated perspective. However, there remain important and persistent gaps in its coverage. Future research that more fully addresses these geographic (e.g., Atlantic and Prairie regions), topical (e.g., focus on prevention), and recognitional (e.g., racialization) gaps is needed to inform policy‐making and promote justice.

Police Chiefs, Organizational Justice, and Body-Worn Cameras: A Key to Releasing Video Footage

This study addresses a missing link in the organizational justice literature—a police chief's trust in their officers. Most organizational and procedural justice studies examine these concepts from an officer's perspective, but fail to capture how leaders perceive their officers. Trust, however, is a relational concept, which implies there might be effects of a leader's trust in their officers. This study addresses if a police chief's level of trust in officers will affect their behavior as related to the release of body-worn camera footage. Body-worn cameras have been adopted across the United States and all over the world. However, if the footage they capture is rarely shared, cameras impact will be minimal. The findings suggest that if a chief has higher levels of trust in their officers, then the chief's willingness to release footage is increased, potentially leading to an improved relationship between law enforcement and communities.

Fostering Diversity, Equity, and Inclusion in the Technical and Professional Communication Service Course

<bold xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">Research questions:</b> 1. How can we address issues of diversity, equity, and inclusion (DEI) in our business and technical communication service courses? 2. How can we help prepare future engineers, technical professionals, and managers to create more inclusive and equitable workplaces?. <bold xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">Situating the case:</b> The social justice literature in technical and professional communication (TPC) has focused on a variety of areas, including research methods, user experience, and expanding what can and should be identified as TPC. Emerging research has turned toward pedagogy as an interventional strategy for educating on issues of racial justice and inclusion. <bold xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">About the case:</b> This teaching case presents the transformation of a TPC service course to specifically address issues of diversity, equity, and inclusion (DEI). In response to the racial injustice documented during the summer of 2020, I developed a sequence of assignments that asked students to research and apply DEI initiatives. The assignment was to research and write a short report on DEI approaches in the workplace, followed by a larger team-based project in which students worked with the local city council to enact possible DEI initiatives in the broader community. <bold xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">Methods:</b> The case was studied through the author's experience and the analysis of data obtained from surveys with class participants and other instructors who incorporated the assignments in their courses. <bold xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">Results/discussion:</b> Students were able to learn more about how to address bias, inclusion, and social justice in a business environment, but also demonstrated some implicit resistance to direct attention to racial injustice. The case study humanizes and brings home issues of diversity, equity, and inclusion for students who might otherwise consider them only in the abstract.