Criteria Of Justice Research Articles

Distributive justice criteria and social categorization processes predict healthcare allocation bias.

Drawing on theories of distributive justice and intergroup discrimination, we examined how much distributive justice criterion and racial group membership contribute to bias in healthcare allocation decisions, by testing a theoretical model that specifies perceived stereotypicality and individual responsibility as a serial mediation process in the relationship between disease's contraction controllability (controllable vs. non-controllable) and bias in medical decision-making. White Portuguese medical students (N=213) participated in an online experimental study conducted in two phases. In phase 1, we manipulated the cause of disease contagion and the salience of patient's racial categorization, and measured the stereotypicality of behaviour. In phase 2, we assessed perceived responsibility and likelihood of recommending medical treatment. Controllable (vs. non-controllable) contraction behaviours in phase 1 were perceived as more stereotypic. As a spillover effect, more stereotypical behaviours in phase 1 predicted more patient's responsibility for their disease in phase 2. Importantly, controllable behaviours of disease contraction in phase 1 negatively affected recommendations for medical treatment in phase 2; and this negative effect was serially mediated by the stereotypicality of behaviour and patient responsibility. Furthermore, patients' skin colour moderated this process, meaning that perceptions of controllable behaviour as more stereotypic were stronger for Black than for White patients. This research shows how stereotyping and social categorization bias allocation decisions through the patient's level of responsibility in decision-making processes. The findings are discussed in light of principles of distributive justice and the literature on intergroup relations with respect to racial disparities in health care.

КРИТЕРІЙ СПРАВЕДЛИВОСТІ У ПРАКТИЦІ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ ЩОДО ВІДШКОДУВАННЯ МОРАЛЬНОЇ ШКОДИ

The article examines the criterion of justice and its content used by the European Court of Human Rights when considering applications of individuals and legal entities, including economic entities, for compensation moral damage, which is characterized by the fact that it is impossible to accurately calculate its size, by analyzing the content of the relevant articles of the European Convention on Human Rights, scientific research and Court’s precedent. The criterion of justice in its application by the Court when deciding claims for just satisfaction cannot be hypothetical, but must acquire signs of argumentativeness and practicality, taking into account the procedures in accordance with the Convention. In this research, we identified and analyzed elements of the just-criterion or the criterion of justice factors, which the Court in their unity considers. At the same time, categorization of criterion of justice factors has been carried out according to the level of connection with the applicant. This identification of the criterion of justice elements of in the context of compensation for moral damage will be able to give it the features of a structured practical tool for justice. In addition, the content of related concepts used in international law to denote various aspects and methods of compensation for damage to an injured person is revealed, including the meaning and content of the concept of “just satisfaction” under Art. 41 of the European Convention on Human Rights.

Implementation Of The Hope Family Program (PKH) View From Islamic Economic Perspective

Poverty is still a central issue in developing countries like Indonesia. The government has made various efforts to reduce poverty, one of which is through the Family Hope Program (PKH). In contrast to other types of poverty reduction policies in general, PKH focuses on improving the quality of Human Resources (HR) through increasing access to health and education. The hope is that with quality human resources, the poverty rate can decrease in the future. In its implementation, PKH cannot be separated from various problems that are suspected to be incompatible with values in Islamic economics. Therefore, this study aims to determine the implementation of PKH from the perspective of Islamic economics. This type of research is field research by taking the location in Pringsewu Regency, Lampung. The method of data collection was carried out by interviewing purposively selected informants sampling. The collected data then analyzed by using a qualitative descriptive approach. Finally, this study concludes that the implementation of PKH in Pringsewu Regency successfully fulfilled 3 (three) criteria, namely: right on target, right in number, and appropriate in use. The criteria for being on time have not been achieved because of delays in distributing PKH assistance. Meanwhile, in the perspective of Islamic economics, PKH is considered to have met the criteria of justice, responsibility, and takaful (social security)

Valoración de los presupuestos materiales en el proceso inmediato reformado y su influencia en el derecho a una defensa eficaz

The immediate process is intended to simplify the state criminal reaction and provide greater speed and efficiency to the justice system. However, once the immediate process was reformed with Legislative Decree 1194, it began to be applied without criteria of proportionality and justice, to the point that there was competition between judges to be the one who reaches the longest sentence in the shortest term. For this reason, criticisms from the legal community were unleashed, which saw the immediate process as an abuse of the Judiciary, prioritizing the principles of speed and procedural simplification, as well as prosecuting effectiveness, underlying the immediate process, rather than a correct preparation by the defendant's defense, since it only seeks to sentence in the shortest possible time; in such a way that the guarantee of an effective defense in favor of the accused is circumvented, as an integral part of the essential content of the guarantee of procedural defense; The main objective of this research being to determine how the assessment of the material budgets to achieve greater effectiveness and efficiency of the immediate process reformed by flagrante delicto, influences the guarantee of an effective technical defense, in Peru.

Site prioritization and the reproduction of inequity in the restoration of Biscayne Bay

AbstractThe restoration of urban estuaries is challenging due to the complexity of prioritizing sites in a context of social and biophysical unevenness. Site prioritization and selection are crucial components of ecological success and equity in restoration. In many cases, site prioritization is conducted according to simple opportunity or political expediency, but this needs to be investigated further in local contexts, with accompanying analysis of the impacts on urban environmental equity. Using a critical physical geography framework, I explore site selection processes in the restoration of Biscayne Bay through case studies of two urban streams. I use multiple data types to present an integrated perspective on urban restoration priority and the social context that produces restoration siting decisions. I find that the logics of restoration site selection in the Biscayne Bay watershed have produced ecologically questionable decisions and inequitable outcomes. Therefore, I argue that restoration decision making needs to include environmental justice criteria.

(Th)reading Rights and Justice: Women and Girls with Disabilities

ABSTRACT Despite calls for no one to be left behind, women and girls with disabilities continue to face systemic marginalisation and gaps in rights protections that limit their access to education, health, public services, and justice. Research in transnational and international relations offers little to help understand this gendered disability injustice. This article examines how discussions of elements of justice as redistributive, recognition, participative and restorative address people with disabilities as well as how disability rights within the United Nations treaty body system address the four elements of justice. Drawing on both academic and community critiques of both disability rights and justice, the article asks how our understandings of justice and rights perpetuate these exclusions and what transformative changes are required to redress the marginalisation of women and girls with disabilities.

Entrepreneurial resilience in the hospitality industry during the outbreak covid-19: a case study of the Togean Islands-Tojo Una-Una

Several countries are experiencing economic instability due to the crisis caused by the COVID-19 pandemic, not least Indonesia. This research aims to identify priority aspects that affect the resilience of entrepreneurship in the tourism sector. This research was conducted in the Togean Islands of Tojo Una-Una Regency by interviewing several stakeholders as many as 30 people consisting of business actors. The analysis method used in this study is the analytical hierarchy process (AHP). The results in this study showed that social justice criteria were very prominently chosen by respondents compared to other criteria. This shows the social sensitivity possessed by entrepreneurs during the Covid 19 pandemic. This research requires justification in future research to be used as a generalization in terms of entrepreneurial resilience theory in the face of pandemic risk as it is today.

Changing of Civil and Administrative Proceedings in the Russian Federation Under the Influence of Digital Technologies

The article examines the problems of the electronic format of legal proceedings, as well as the prospects for the use of artificial intelligence in justice. The debatable issues of procedural principles are raised, the change of which was announced as a result of the implementation of federal targeted programs for the development of the judicial system of Russia. Attention is drawn to the institution of judicial evidence, as well as the influence of artificial intelligence on the criteria of justice. According to the results of the study, the authors came to the following conclusions: digital (information) technologies and artificial intelligence affect the implementation of the principles of the civil process; the expediency of using the general rules of judicial evidence using electronic evidence is justified. The possibility of adapting the procedural form to attract artificial intelligence to dispute resolution is being considered.

Penerapan Dwangsom pada Putusan Hak Asuh Anak Perspektif Teori Keadilan Aristoteles

As a result of not implementing the voluntary child custody decision, the next legal remedy is the execution of child custody which can have a negative impact on the child's psyche. As a solution to this problem, the judge can decide on the dwangsom in the child custody decision. However, dwangsom becomes a legal problem when it is not contained in the petitum but appears in the ruling as stated in the decision Number 8/Pdt.G/2020/MS-BNa. The focus of this research is a juridical review and analysis of Aristotle's theory of justice on the application of dwangsom to the decision. This research is a normative juridical research using a law approach and a case approach. The primary legal source is decision Number 8/Pdt.G/2020/MS-BNa. and secondary sources of law, namely laws relating to the procedural law of the Religious Courts, books and journals related to Aristotelian justice, child custody, ultra petita and dwangsom principles. The data of this study were obtained through documentation and analyzed by Aristotle's theory of justice. The results of the juridical review on the decision contradict Article 178 paragraph (3) HIR / Article 189 paragraph (3) RBg, Article 50 Rv, SEMA Decision Number 3 of 2018, and Jurisprudence number 1001 K/Sip/1972. The judge's considerations in deciding the case Number 8/Pdt.G/2020/MS-BNa have met the criteria of Aristotle's corrective justice, namely there is a violation of rights that should be obtained, there are efforts to correct (return) rights, losses can be measured, corrections can be measured, and on a proportional basis.

How Do You Like Your Justice, Bent or Unbent?

Principles of justice, David Estlund argues, cannot be falsified by people's unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of justice is therefore a verbal one over the true meaning of justice, which need not worry those with the intuition that justice should perform a function that requires bending. By focusing on John Rawls's reasons for bending his justice principles, I point towards a substantive critique of bent justice.

New empirical insights into conflicting claims problems

The present paper aims to explore the perception of fairness in conflicting claims problems (O’Neill in Math Soc Sci 2(4):345–371, 1982). To do so, we present a questionnaire given to a large heterogeneous group of people (students, employees, retirees). Distributive justice criteria are studied through different ways of distributing scarce resources, and we analyse whether the population’s response patterns are conditioned by specific features of the economic context. We find that proportional allocation is generally considered the fairest way of distributing resources. However, the principle of proportionality is abandoned by part of the population when claims represent needs and claimants have scarce resources. Moreover, we observe that age, employment status and education levels significantly influence the perception of fairness.

The living past in the lives of victims-/survivors of conflict-related sexual violence: Temporal implications for transitional justice

Issues of time and temporality are highly relevant to the field of transitional justice. The very concept of ‘transition’ and transitional justice processes more broadly reflect a linear and teleological understanding of time that moves in a particular direction. While building on existing temporal critiques of transitional justice, this interdisciplinary article makes two original contributions to this corpus of scholarship – empirical and conceptual. First, emphasizing what it refers to as ‘the living past’, it draws on qualitative interviews with victims-/survivors of conflict-related sexual violence in Bosnia-Herzegovina, Colombia and Uganda to explore empirically some of the various ways that the past experientially intruded into the interviewees’ present. Second, it utilizes the analogy of the coagulation cascade, a biological blood-clotting process, to reflect on how transitional justice processes might move beyond linear temporal conceptualizations to recognize lived experiences of time and the multiple ways that individuals – as well as communities and societies – continue to coexist and transition with the living past.

Contributions of Intercultural Socioenvironmental Justice to the 2030 Agenda in the Colombian Caribbean

The 2030 Agenda has influenced the design of public policies in Colombia and other countries in the region, but there are many gaps in the way a global policy can be interpreted and adapted to the territories. Thus, this article aims to critically evaluate the public policy of sustainability implemented in the Colombian Caribbean and to suggest contributions from an intercultural socioenvironmental justice perspective. For this purpose, the public policy of sustainability that orients the plans for the use of insular ecosystems in Cartagena de Indias has been examined and confronted with local evidence that shows significant changes in the forms of life and ecological degradation in multi-temporally analysed coverages. Methodologically, this research is based on three aspects: the theoretical discussion of the notions of sustainability and justice in public policies, spatial databases to analyse the transformation of landscapes and ethnographic work with Afro-descendant peoples to recognise their socioecological systems. We found that the public policy of territorial planning aligned with the 2030 Agenda nominally includes a rights approach, but management practices or governance structures do not consider the very high asymmetry in land tenure, the growing private and non-participatory regulation of coasts and the sea or the exclusion of Afro-descendant peoples who claim tenure and autonomy rights. Then, we propose integrated dimensions of sustainability that overcome the socioecological negativity observed and articulate criteria of intercultural justice in public, social and environmental policies.

Social Control in the Digital Transformation of Society: A Case Study of the Chinese Social Credit System

The Chinese social credit system (SCS) is a digital sociotechnical credit system that rewards and sanctions the economic and social behaviors of individuals and companies. This article uses classic social-control theories—the shaming theory and the labeling theory—to analyze the SCS, thereby contributing to a better understanding of the Chinese social-control approach to the digital transformation of society. Our research relies not only on government documents and media reports, but also on first-hand data collected from in-depth interviews conducted in China. We found that the perceived effectiveness of the shaming and labeling mechanisms is enhanced by the design of the SCS framework and the assistance of digital technology but weakened by a lack of transparency and questionable justification criteria, as well as privacy and fairness concerns.

Environmental justice criteria for new land protection can inform efforts to address disparities in access to nearby open space

Substantial funding is being allocated to new land protection and access to protected open space for marginalized communities is a crucial concern. Using New England as a study area, we show striking disparities in the distribution of protected open space across multiple dimensions of social marginalization. Using a quartile-based approach within states, we find that communities in the lowest income quartile have just 52% as much nearby protected land as those in the most affluent quartile. Similarly, communities with the highest proportions of people of color have just 47% as much protected land as those in the lowest quartile. These disparities persist across both public and private protected land, within urban, exurban and rural communities, for different sized buffers around communities, and across time. To help address these disparities in future conservation plans, we develop a screening tool to identify and map communities with high social marginalization and low nearby protected open space within each state. We then show that areas prioritized according to these environmental justice (EJ) criteria are substantially different from areas prioritized according to conventional conservation criteria. This demonstrates how incorporating EJ criteria in conservation prioritization processes could shift patterns of future land protection. Our work provides methods that can be used broadly across regions to inform conservation efforts.

Distributive Justice and Legal Regulation of Social Security

The building of social security models should be based on the principles of justice that are predetermined and recognized by society. Chaotic reforms without a common vision of the system in accordance with the principles of justice lead to complication, closeness of systems and a sense of insecurity. Since social security is primarily a matter of access to benefits, the state should clearly define the criteria of distributive justice: to whom, to what extent, at whose expense. Public opinion polls sometimes demonstrate that the existing mechanisms of redistribution do not correspond to the idea of justice in society. Throughout the 20th century, the systems were built and improved on the basis of the principle of solidarity of generations, insured, sick and healthy… Currently, due to the crisis of existing models, for many reasons, the old ones are being rethought and new construction options are being tested. They range from extremely liberal, with minimization of social guarantees, to the introduction of a universal basic income. In the Russian Federation, after experiments in pension provision and the introduction of a funded element, which did not show its effectiveness and caused the rejection of society, in 2020 the state fixed the principle of generational solidarity in the Basic Law of the country as the basis for building pension systems. It is equally important to ensure distributive justice in such a resource-intensive and individually unpredictable area as medical care. It is necessary to ensure that the system meets the expectations of citizens in an area where the principle of merit-based provision (meritocratic principle) does not always work. At the same time, the key point is the choice of the organizational and legal form of social security. Despite the opinion expressed about greater compliance with the principles of fairness of the budget model of medical care, it is concluded that there is a need for a broad discussion of reforming the healthcare system with the involvement of experts, the professional community of doctors, patient organizations, etc.

PROBLEMS REGARDING THE USE AND CONTROL OF SOCIAL MEDIA AS A PROPAGANDA TOOL IN CONTEXT OF DIGITAL DEMOCRACY

In the context of digital democracy, the use of social media for propaganda purposes causes control problems in terms of administrative units. Discussions on the control of social media, which is preferred due to advanced message transmission facilities, are stuck between democracy and security concerns. It can be said that the use of such channels by both legal and illegal organizations requires an audit. However, due to their foreign origin and global spread, the control of this field cannot be fully ensured. On the other hand, the fact that local law practices can suppress opposition blocks in favor of the governments makes this area problematic in terms of digital democracy. As a result of this qualitative analytical research conducted with the literature review method, it is seen that legal and illegal organizations use social media effectively to spread their messages within the framework of the concept of democratic rights. Meanwhile, acts incompatible with local law and social morality may occur. Since control mechanisms have a responsibility to establish and maintain social peace, these channels should be kept under control in terms of criminal acts. In a virtual environment where all geographies meet, where the definition of rights and crimes can change, it is inevitable that the supervisory bodies will be forced during the implementation of local legal rules. Despite this, it is essential to provide an audit that protects human rights within the criteria of democracy, justice and equity, encourages the formation of the public sphere, and guarantees organizational and individual freedoms.

Excellence, access, and the public good: Building socially responsive admissions practices for health science programs

The health sciences have a public calling to provide socially responsive health care for all of society, particularly those most in need. This call is reverberating in universities and has particular relevance for health science professions. Despite universities’ public mission, admissions practices in the health sciences exhibit a fundamental tension between excellence and access, with excellence defined by rankings and research productivity, and access defined by broader public access both to universities themselves and to the knowledge created there. Health science programs’ popularity among students intensifies the exclusivity of admissions processes, at the expense of access. This paper presents both a psychometric and social justice critique of existing admissions criteria and processes. A psychometric perspective demonstrates that admissions processes have inherent bias and fairness issues not limited to reliance on standardized test scores, but extending to measures such as interviews, grade point averages, personal statements, recommendation letters, and CVs. Evaluating admissions criteria using a social justice lens focuses attention on procedural, background, and stake fairness, as well as practices that tend to exclude underrepresented groups. Potential improvements to admissions include applying promising practices from holistic approaches, reducing applicants’ financial burden, instituting admissions criteria that more broadly represent all groups, involving underrepresented groups in adjudicating candidate applications, implementing equitable educational strategies, and evaluating the degree to which programs’ climate and theoretical underpinnings are conducive to recruiting from underrepresented groups. Finally, to fulfill our public call for social responsiveness, it is essential to frame admissions to health science programs in terms of serving the public good by training candidates from underrepresented groups and by positioning excellence as access.

The Need for a Black Feminist Climate Justice

The Need for a Black Feminist Climate Justice

Ambitions and Critiques of Restorative Justice Post COVID-19

The COVID-19 pandemic did not only change how we work with others and deliver public services, but also our very way of living. Furthermore, the way we view and experience conflict and violence will never be the same. Therefore, changes anticipated in relation to justice and criminal justice will be unprecedented, with criminal justice institutions such as prisons, courts and probation to be reviewed whether for financial, political or health and safety-related reasons. This Editorial introduces this Special Issue, which focuses on highlighting both the ambitions but also critiques of the role that restorative justice can play in the post COVID-19 era.