Justice Research Articles

Re-conceptualising the Theory of Justice and the Needs of Victims of Sexual Violence in Nigeria: an Appraisal of a Victim Centered Approach

Abstract Background In the 21st century, the recognition of the rights and needs of victims of sexual violence has emerged as a fundamental discourse within international, regional, and local policy agendas. This has been influenced by the lasting psychological, emotional, and physical effects of sexual violence on the victims. These commentaries and agitation have spurred the need for alternative ways in which the Nigerian criminal justice system can be strengthened by incorporating criminal justice mechanisms and interventions that would enhance the needs and interests of victims in accessing justice despite its adversarial system of justice. Methods This study aims to appraise the different mechanisms of justice, needs, and interests of victims of sexual violence through a theoretical lens and drawing lessons from South Africa and Australia. To achieve this work, a doctrinal research methodology that utilized existing literature and secondary sources such as textbooks and online websites was adopted. Results The study found that there is a need for accountability for the protection of victims, implementation of legislation, and scaling up of resources for effective support services. In addition, the absence of resources, effective monitoring and compliance institutions, monitoring reports, specialized courts, and special regulations hampers the implementation of a victim-centered approach. Among others, the study recommends an all-inclusive criminal justice mechanism that would further incorporate a victim-centered approach towards advancing the rights and quality of justice for victims of Sexual Violence and the need for a victim impact statement to our criminal justice system for cases of sexual violence. Conclusion The study concludes that there is a need to make provisions for more effective alternative responses to incorporate the justice interests and needs of victims of sexual violence.

Digital Public Health and Digital Health: twins or Neighbors? A data protection perspective

Abstract Enhancing digital public health (DiPH) terminology may foster a better understanding of the legal framework that grounds the use of personal health data within and outside public health policy and public health systems. Terminology accuracy is, therefore, relevant to understanding the data protection regulations that apply to DiPH interventions. The broader or narrower possibilities for using personal health data in digital health interventions depend on the legal basis that justifies (or not) the access to personal health data, whether inside public health policy or outside (e.g., in private health companies). In the context of digital health policy for DiPH, using personal health data is based on public law, analyzing proportionality, necessity, and the legitimacy of the interest. In contrast, for digital health interventions outside public health policy or in an individual clinical approach (like in digital health), the use of personal health data is based on informed consent. Brazilian data protection law (LGPD) and European GDPR provide the legal basis for public health systems’ use of health data in health policy. As a result, the DiPH approach highlights the relevance of using digital technologies and health data to strengthen public health systems within the platform economy and the context of surveillance capitalism. This presentation will shed light on the expansion of digital technologies and health data in health policy in the face of data science, highlighting the need to delve into the terminology of DiPH, understanding its boundaries and legal differences from its neighbors (not twins) outside health policy. Clarifying the DiPH approach, potentially leading to standards in terminology and embedding a data protection perspective, may maximize the accuracy of the legal justification for personal health data use in health policies. DiPH, therefore, may foster data protection, public health systems, and policies strengthening with health data.

Exploring with Dignified Justice Theory Substitute Imprisonment Fines for Corruption Convicts

General provisions on criminal fines and their subsidiarity are contained in Article 30 of the Criminal Code. Article 30 paragraph (2) of the Criminal Code contains the possibility of substituting a fine with imprisonment. If the fine is not paid by the convict, this generally includes those convicted of corruption. The principle of imprisonment in lieu of a fine in Article 30 paragraph (2) is not found in Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption (Corruption Law) . However, so far judges have used Article 30 paragraph (2) of the Criminal Code as the basis for deciding on imprisonment in lieu of a fine for those convicted of corruption. The problem is that the equivalence formula for one day of imprisonment is the same as a fine of seven rupiah 52 cents for those convicted of corruption in Article 30 paragraph (2) is outdated when compared to the current rupiah value. This equivalence formula is difficult to achieve the minimum fine for those convicted of corruption in the Corruption Law. For example, if the minimum fine is 50 million rupiah. If to achieve the equivalence of the fine one has to multiply seven rupiah 52 cents by the number of days in the eight months of maximum imprisonment, then it will not be possible to achieve equivalence according to Article 30 paragraph (6) of the Criminal Code. This study finds the principle of judicial independence in the Indonesian constitutional state as a solution to the unclear meaning of Article 30 paragraph (2) of the Criminal Code while waiting for the article to be abolished by the National Criminal Code.

Understanding the formation process of positive customer engagement behaviors: a quantitative and qualitative interpretation

PurposeTo investigate the impact of cognition, emotion and other factors on positive customer engagement behaviors and to identify the differential formation processes and dynamic changes in these behaviors.Design/methodology/approachWe used cognitive appraisals and coping theory as well as justice theory, to analyze comment data from the Xiaomi Community with natural language processing and binary logistic regression.FindingsOur results indicate that cognition and emotion are unnecessary for positive customer engagement. Users expressing different cognitions and emotions exhibit varied positive engagement behaviors. The behavioral dimension was the most frequently combined, followed by the affective and cognitive dimensions. Managers should adopt material or spiritual incentives to encourage users with positive emotions and cognition to become loyal. Additionally, addressing comments with distributive justice cognition can promote positive customer engagement.Originality/valueThis study clarifies the complex interplay between cognition, emotion and customer engagement behaviors, providing actionable insights for brand managers to foster customer loyalty and positive customer engagement.

Coercive Measures in Psychiatry Can Hardly Be Justified in Principle Any Longer-Ethico-Legal Requirements Versus Empirical Research Data and Conceptual Issues.

To review the scientific and empirical evidence that is usually accepted for the ethical and legal justification of coercion in psychiatry. Five key criteria are examined as follows: (1) the demonstrable existence of a mental disorder; (2) the effectiveness of psychiatric measures; (3) the use of coercion as last resort and as least possible restriction; (4) the benefit of the person affected by the coercive measure and (5) the restoration of the affected person's autonomy. (1) The existence of a demarcation between a mentally ill and a mentally healthy state cannot be confirmed; (2) Pharmacological and psychotherapeutic interventions in psychiatry are not even moderately effective; (3) Coercive measures are usually not used as last resort and as least restrictive measure; (4) Most people affected by psychiatric coercion do not benefit from the measures; (5) It is at least unclear whether autonomy is affected by a mental illness and whether it can be restored through a coercive psychiatric measure. None of the central ethical and legal criteria for the use of coercion in psychiatry are clearly and unambiguously fulfilled according to current research. Psychiatric coercion can hardly be justified any longer.

Empowering legal justice with AI: A reinforcement learning SAC-VAE framework for advanced legal text summarization.

Automated summarization of legal texts poses a significant challenge due to the complex and specialized nature of legal documentation. Despite the recent progress in reinforcement learning for natural language text summarization, its application in the legal domain has been less effective. This paper introduces SAC-VAE, a novel reinforcement learning framework specifically designed for legal text summarization. We leverage a Variational Autoencoder (VAE) to condense the high-dimensional state space into a more manageable lower-dimensional feature space. These compressed features are subsequently utilized by the Soft Actor-Critic (SAC) algorithm for policy learning, facilitating the automated generation of summaries from legal texts. Through comprehensive experimentation, we have empirically demonstrated the effectiveness and superior performance of the SAC-VAE framework in legal text summarization.

Analyzing the Long-Term Effects of Eliminating School Fees on Access to and Quality of Education in Uganda, Considering the Policy's Implications for Gender Parity and Inclusive Education

Purpose: The aim of the study was to analyze the long-term effects of eliminating school fees on access to and quality of education in Uganda, considering the policy's implications for gender parity and inclusive education. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The elimination of school fees in Uganda under the Universal Primary Education (UPE) policy has significantly increased access to education, particularly for children from low-income families and marginalized communities, as seen in the surge in enrollment rates. However, this increase in access has not been matched by improvements in educational quality, with overcrowded classrooms, underqualified teachers, and inadequate resources affecting learning outcomes. Unique Contribution to Theory, Practice and Policy: Human capital theory, capability approach & social justice theory may be used to anchor future studies on the analyzing the long-term effects of eliminating school fees on access to and quality of education in Uganda, considering the policy's implications for gender parity and inclusive education. Special focus should be on training teachers in inclusive education to better support children with disabilities and gender-sensitive teaching methods that encourage the retention of girls in school. Policies should ensure free provision of essential materials, especially for the most vulnerable populations.

Democracy and Human Rights as Pillars of National Resilience: A Theoretical and Empirical Review

National resilience is a strategic concept that reflects the ability of a country to maintain its survival in the face of various threats, both domestic and foreign. Among the various pillars that underpin national resilience, democracy and human rights (HAM) play an important role. This study aims to determine and analyze the relationship between democracy, human rights, and national resilience from the point of view of theory and empirical evidence. This research uses a qualitative method with a literature study approach as a data collection technique. After the data is collected, the analysis process is carried out by sorting out relevant information, then presenting the data systematically to draw conclusions. The results show that democracy has a major role in providing legitimacy to the government, by creating a system where people can participate in decision-making. On the other hand, human rights become the main foundation of democracy, ensuring the protection of people's basic rights, which in turn creates conditions conducive to social growth and development. Some of the theories underlying the relationship between democracy, human rights and national security include social contract theory, liberal democracy theory and social justice theory. Empirically, several studies have shown a positive relationship between the implementation of democracy and human rights and national resilience. This research concludes that democracy and human rights contribute to national resilience by strengthening government legitimacy and creating an enabling environment for social and political stability. National resilience is a strategic concept that reflects the ability of a country to maintain its survival in the face of various threats, both domestic and foreign. Among the various pillars that underpin national resilience, democracy and human rights (HAM) play an important role. This study aims to determine and analyze the relationship between democracy, human rights, and national resilience from the point of view of theory and empirical evidence. This research uses a qualitative method with a literature study approach as a data collection technique. After the data is collected, the analysis process is carried out by sorting out relevant information, then presenting the data systematically to draw conclusions. The results show that democracy has a major role in providing legitimacy to the government, by creating a system where people can participate in decision-making. On the other hand, human rights become the main foundation of democracy, ensuring the protection of people's basic rights, which in turn creates conditions conducive to social growth and development. Some of the theories underlying the relationship between democracy, human rights and national security include social contract theory, liberal democracy theory and social justice theory. Empirically, several studies have shown a positive relationship between the implementation of democracy and human rights and national resilience. This research concludes that democracy and human rights contribute to national resilience by strengthening government legitimacy and creating an enabling environment for social and political stability.

University resources and student complaints in Malaysian higher education institutions

PurposeThis paper examines the relationship between university resources and student complaint management in Malaysian higher education institutions (HEIs). The paper is premised on organisational justice theory (OJT), which conceptualizes complaint handling, satisfaction and fairness among stakeholders in the educational domain.Design/methodology/approachThis paper adopts a quantitative method using a survey research design. An online survey is administered to 381 students in three selected HEIs in Malaysia. Data are analysed and tested using the SmartPLS 3.0 algorithm to evaluate measurement and structural models.FindingsStudents’ experience in the use of online and offline university resources varies across different levels of education. The findings indicate that offline and online resources contribute substantially to students’ complaints. This study establishes the significance of an effective complaint-handling mechanism for continuous feedback and improvement in HEIs.Originality/valueWithin the context of policy in HEIs, the originality of this paper lies in its focus on the relationship between resources and student complaints based on the diverse complaint-handling mechanisms in Malaysian HEIs.

Drone-based warehouse inventory management of perishables

Warehouse inventory management is a complex process. When inventory includes perishables, the complexity of these processes is compounded with additional requirements such as appropriate ambient storage conditions and placement of one type of perishables (e.g., bananas) far away from another type of perishables (e.g., strawberries). With perishables spending a significant amount of time post-harvest in warehouses, appropriate management of warehouse inventory is necessary to reduce wastage due to spoilage. Drone-based warehouse inventory management is gaining popularity as seen in the increasing number of firms in this space as well as the number of research publications. RFID tags have been widely used for inventory management for more than two decades. While drones have been successfully used in warehouses with non-perishables, RFID and drone use in warehouses with perishables has not witnessed its fair share as evidenced by the lack of publications in this general area. This paper is a step in the direction to address this void in published literature. We consider object-level RFID tags and drones to automate warehouse inventory management of perishables. Results from our analytical model and simulation analysis indicate that such warehouse automation is beneficial to both the warehouse operators and their customers.

Reconstructing legal protection for the medical profession in the face of medical disputes during the COVID-19 pandemic from the dignified justice perspective

BACKGROUND: Healthcare involves various stakeholders, including hospitals, healthcare professionals, such as doctors, nurses, and others, as well as patients. The direct relationship typically occurs between doctors and patients. In carrying out their duties, doctors always adhere to standard operating procedures, medical records, and informed consent. The COVID-19 pandemic in Indonesia has led to a surge in the number of COVID-19 patients requiring treatment by doctors. On the one hand, doctors and other healthcare professionals face numerous challenges in providing healthcare services, potentially failing to ensure legal certainty for them. AIM: This study aimed to reconstruct legal protection for the medical profession in medical disputes during the COVID-19 pandemic from a Dignified Justice perspective. MATERIALS AND METHODS: This research is a legal study based on the Dignified Justice Theory to understand the concept of legal protection for healthcare professionals, particularly doctors, during the COVID-19 pandemic. The research methodology includes a legislative, conceptual, and case approach. RESULTS: The research results are subsequently analyzed. Based on the research, it is evident that legal protection is derived from regulations related to recognition, protection of rights, and other relevant legal provisions. Legal protection for the medical profession during the COVID-19 pandemic is also framed within the framework of Pancasila, integrated with the Dignified Justice Theory. CONCLUSION: Legal protection for doctors in the COVID-19 rapid response task force is evident because healthcare professionals have received legal protection through supervision and guidance provided by local governments and their employing institutions in handling COVID-19.

Balancing of Counterclaims as a Legal Construction Similar to Set-off

This article examines the application of set-off under Article 410 of the Civil Code of the Russian Federation within bankruptcy procedures, highlighting the limitations imposed by proportionality and claims priority rules. These restrictions often conflict with economic feasibility, leading to the emergence of a legal construction known as the balancing of counterclaims in judicial practice. Although balancing of counterclaims functions similarly to set-off, it circumvents the statutory limitations traditionally applied to set-off. Despite its practical utility in addressing set-off admissibility issues in bankruptcy, the concept lacks proper legal justification. This article explores the legal nature of balancing counterclaims, its distinctions from set-off, and its criteria and application procedures. The article begins by examining the historical evolution of balancing counterclaims and the rationale behind their distinct terminology. A comparative analysis with set-off under Article 410 of the Civil Code is conducted, focusing on the grounds for obligations termination, purpose, scope, and procedural applications. Key differences between the two concepts are in their goal and limited application scope, allowing balancing counterclaims to operate beyond the proportionality and claim priority constraints. Additionally, the article delves into potential penalties and the security functions associated with balancing counterclaims. In conclusion, balancing counterclaims can be best understood either as a legal construct derived from traditional set-off principles or as a criterion for determining transaction admissibility, including set-off, within bankruptcy contexts.

Mortgage Rights as a Guarantee of Legal Protection for Creditors in Financing According to Thomas Hobbes's Theory of Justice

This study discusses the right of dependency as a guarantee of legal protection for creditors in financing based on the theory of justice from Thomas Hobbes. The right of dependents, as a legal instrument that gives creditors priority rights to repay debts through objects used as collateral, has an important role in maintaining a balance of interests between creditors and debtors. In the context of Hobbes' theory of justice, security and legal certainty are fundamental aspects that need to be maintained to avoid conflicts and ensure a stable social order. This article outlines how Hobbes' concept of justice, which emphasizes the need for the state to maintain order through the rule of law, is relevant to the regulation of dependent rights in the financing system. The right of dependency provides legal certainty to creditors, which can be considered as part of the mechanism to achieve distributive justice in society. In the end, this article concludes that the right of dependency plays a role as a form of legal protection that is fair to creditors, in line with Hobbes's concept of justice which prioritizes security and certainty in social life.

The knowledge and skills needed for forensic social work in Australia: A Delphi study

Summary Forensic social work is the application of social work knowledge, skills, values and ethics within a legal and criminal justice context. Globally, social workers play an integral role in the criminal justice system but in many countries, including Australia, there is limited conception of the competencies needed for this specialist practice. Australia serves as an example of forensic social work regulated through a generalist social work competency framework, where specialist skills and knowledge are not distinctly outlined or assessed. The purpose of this study was to identify the knowledge and skills used by forensic social work practitioners in Australia. This study used a 3-round Delphi method with an expert panel of social workers working in forensic practice across Australia. It consisted of a 1-hour semi-structured individual interview followed by 2 rounds of online surveys. Findings Consensus was obtained for 30 skill and knowledge items for Australian forensic social work. The panel identified these competencies as specialist, meaning requiring further training beyond generalist proficiency. Of these, eight of the skill and knowledge items were seen as essential for graduates entering forensic social work. Applications The findings from this study contribute to an evidence-based model of forensic social work competency. In Australia, they can be used to consider potential gaps between current generalist mechanisms and specialist practice expectations. With further research, these findings can be used to inform professional standards for forensic social work in Australia and potentially internationally.

Equity in Education: How Classroom Practices Can Promote Social Justice

This paper investigates how classroom practices can actively promote equity and social justice in education by focusing on three core strategies: inclusive teaching, differentiated instruction, and fostering teacher-student relationships. Using a case study approach, the research examines classrooms in underfunded urban schools where these practices have been implemented. Social justice theory serves as the foundation for this analysis, emphasizing how classroom practices directly address disparities in academic outcomes among students from different socioeconomic backgrounds. Findings show that inclusive teaching practicessuch as using diverse curricular materialsencourage greater participation from marginalized students. Differentiated instruction tailored to individual learning needs reduces performance gaps, while teacher expectations significantly impact student motivation and success. Prior studies are reviewed to contextualize these findings, highlighting a gap in the literature concerning real-world application of these strategies in disadvantaged communities. This research uniquely contributes by providing a concrete analysis of how these practices are applied in practice, offering practical insights for educators and policymakers aiming to reduce inequality in education.

The Impact of Holistic Justice on the Long‐Term Experiences and Wellbeing of Mass Human Rights Violation Survivors: Ethnographic and Interview Evidence From Kosova, Northern Ireland and Albania

ABSTRACTResearch highlights the long‐term collective effects of mass human rights violations (MHRVs) on survivors’ wellbeing. This multi‐method, multi‐context paper combines the social identity approach (SIA), transitional and social justice theories and human rights‐conceptualised wellbeing to propose a human rights understanding of trauma responses and experiences in the context of MHRVs. In Study 1, ethnographic research in four locations in Kosova, 5 years post war indicates that lack of perceived conflict‐related and social justice is experienced as a key contributor to survivors’ individual and collective wellbeing. In Study 2, 61 semi‐structured interviews with MHRVs survivors from post‐war Kosova, post‐conflict Northern Ireland and post‐dictatorship Albania two to three decades post conflict also show that such justice experiences inform wellbeing. These studies illustrate the importance of expanding the SIA to health and trauma theories by taking account of a human rights‐conceptualised wellbeing as well as adopting a holistic analysis of justice perception.

Social workers’ support of the status quo: Results from a national survey

Summary Social work has an intimate and complex relationship with the systems that shape the social, political, economic, and environmental fabric of the United States. System justification theory helps explain why people are motivated to accept the status quo of systems and unequal social arrangements. This study examined the system-justifying beliefs of a national sample ( N = 516) of master’s-level social workers to better understand how beliefs about the status quo may shape job outcomes (e.g., burnout and satisfaction) and practice outcomes (e.g., goals, motivations, perceptions of clients, and endorsement of practice behaviors). Findings Ordinary least squares regression analyses adjusting for demographic characteristics indicated significant relationships with both practice outcomes and job outcomes. Higher system-justifying beliefs were associated with less social justice motivation, more practical motivation, less transformative practice goals, and less understanding of clients’ needs as symptoms of structural failures. However, higher system-justifying beliefs were also associated with more compassion satisfaction, less secondary trauma, and less emotional exhaustion. Applications Key interventions into the structural conditions of social work practice so that social workers rely less on system-justifying beliefs to cope with burnout and increase satisfaction are discussed. Examples include investments in support resources, workplace empowerment, increased discretion, and workload reduction. Cognitive and psychological interventions, specifically the development of critical consciousness and critical thinking, are also suggested.

Ethical Issues in Memory Modification Technology: A Scoping Review.

Memory modification technology (MMT) refers to the use of neurotechnologies to intervene in memories. Many scholars have reflected on the ethical issues in MMT, but a comprehensive review of this topic has not been seen. This article presents the first scoping review study of ethical issues in MMT using a bibliometric and systematic approach. After thorough examination, 133 records of key literature are included in this scoping review. Six core ethical themes are extracted: (1) self, identity, and authenticity; (2) autonomy and informed consent; (3) welfare and happiness; (4) safety and risks; (5) responsibility and obligation; (6) social and legal justice. More detailed analyses are conducted on the moral stances and reasons held by different scholars concerning these ethical themes. As can be seen, current debates exhibit certain shortcomings, including ambiguous ethical concepts and a restricted scope of analysis. Therefore, we call for deeper reflections on the philosophical foundations, more precise definitions of ethical terms, and more comprehensive examinations of neurotechnological applications, in order to better address the ethical challenges in the future.

A Research on Relationship between Tax Revenues and Social Demography: A Comparison of Bosnia and Turkey

Tax revenue is one of the common issues of both public administration and public law. The tax system is an important phenomenon that shows not only the income and cash flow of the country but also the functioning of the legal system and justice within the country. In this study, the population of Bosnia and Herzegovina and tax revenues in Turkey aimed to investigate the relationship between the demographic structure. For this purpose, the data obtained from the World Bank for the last twenty years, the gender, age ratio of the population, and some demographic variables for both countries, urban and rural population rates are associated with tax revenues. In the study, the Kolmogorov Smirnov Test was used for the normality test of data, Mann Whitney U was used for the non-normally distributed data, and the Independent Sample T-test was used for the normally distributed data. Correlation and regression analysis and Granger Causality Test were performed for both countries. According to the results of the study, changing demographic variables affect indirectly even if they are not directly influential in affecting tax revenues. Therefore, in order to ensure fairness in tax distribution and the allocation of a more effective tax distribution system, a tax system that takes into account demographic variables and evaluates regional and social differences in a better way is needed. Although Turkey to Bosnia and Herzegovina in accordance with a more comprehensive macroeconomic structure, Bosnia and Herzegovina has a more regular distribution of the tax system.

Racial Violence in ‘Action’: Police Storytelling and Narrativisation in the Inquiry of Jermaine Baker

Abstract Police tell stories not only to make sense of their experiences but also, as this paper argues, they tell stories to establish legal doctrines and support justifications for their decisions. Departing from police ethnography and narrative criminology, adopting a deconstructive and critical Black Studies perspective, this paper reads the narrative W80 (a London Met police firearms officer) provided in the inquiry into the death of Jermaine Baker, a 28-year-old Black man, in 2015, to examine how uncertainty was both conditional and functional in the narrative to sustain the justification of racial violence. W80’s narrative reveals how causality undergirds the law of self-defence he cited and related on. Problematizing the distinction of story and action, this paper analyses W80’s narrative for its thematic of fiction and truth. Attending to this, the paper argues the conditions of uncertainty and open-endedness of W80’s narrative reserved for racial violence to be reasoned and justified as lawful.