Law And Justice Research Articles

The Social Contract in Epicureanism

Abstract Epicurus held that justice came into being when individuals made compacts with one another to secure the benefit that comes from not harming one another. He also distinguished just laws from those that are not just; and he recognized a virtue of justice. This much is well supported by our evidence. There is also much that is controversial. At the very basis, there is disagreement on his conception of justice. There are also basic questions on how compacts are related to the justice of laws, as well as to the virtue of justice. Plato and Aristotle severed compacts from virtue; and some modern thinkers consider the justice of institutions prior to that of individuals. What was Epicurus’ position? This paper will sketch an outline of Epicurus’ theory of justice as a path to the goal of a pleasant life. As Phillip Mitsis (1988) suggested, Epicurus sought to harmonize a contractual view of justice with the virtue of justice. My aim is to investigate further the coherence of this endeavor. As I will argue, Epicurus presents a unitary theory of justice, composed of a number of steps that develop out of each other in a consistent way. As a developmental path, it admits of much variation. By tracing its basic features, I seek to show how Epicurus puts individuals in charge of attaining their goal, pleasure.

Nothing to hide: How governments justify the adoption of ag-gag laws.

Mainstream practices for producing meat, eggs, and dairy raise numerous concerns regarding public health, animal welfare, and environmental integrity. However, governments worldwide have expanded anti-whistleblower legislation that constrains informed public debate. Since 2019, several Canadian provinces have adopted so-called "ag-gag" laws designed to prevent hidden-camera investigations on farms and meat processing facilities. How do governments across Canada justify ag-gag laws as serving the public interest? To what extent do agricultural industry interests shape government adoption of ag-gag laws? Using Freedom of Information requests and debate records from provincial legislatures, we find that biosecurity is the most prominent justification for ag-gag laws, and that governments exhibit a close, collaborative relationship with industry actors. This case demonstrates that when it comes to contested sites of capital accumulation, governments are drawing on new spatial-legal tools to protect the status quo interests of private industry by dissuading dissent, debate, and public scrutiny.

Impunity in Nepal from a Social Protection Lens

This study aims to promote stakeholder solutions to the current state of affairs in Nepal, which has prevailed since the end of the armed conflict in 2006. The study argues that delayed justice in the cases of grave human rights violations that occurred during the armed conflict between the Maoist party and the Government of Nepal is closely associated with the accountability of the then-conflicting parties. The lack of the legislature’s engagement and the Government’s reluctance to address the recommendations of the Supreme Court on transitional justice-related instruments have prolonged the end of impunity and guaranteed social protection of the victims’ families. Upon reviewing the literature on human rights violations, this study concluded that accountability had been impeded by the fragmented conflicting parties, who ignored the victims' and their families’ concerns about justice and social protection. The Government, on the other hand, neglected truth seeking and therefore failed to ensure justice, including in the provision of reparations and standardised institutional reform. The current state of the country’s transitional justice law and unaccountability of state agencies cannot be improved without a collaborative approach and a consultative process with state, non-state actors, victims and their families, as well as the international community.

Decarceral Visions Conference: Voices from the Criminal Justice Law Review's 2023 Symposium

Decarceral Visions Conference: Voices from the Criminal Justice Law Review's 2023 Symposium

Purging Disloyal Courts in Democratic Transitions and Judicial Preferences

ABSTRACT∞ In this article, I examine court-purging in democratic transitions through the lens of judicial preferences. Specifically, I address the debate on how court-purging during a democratic transition affects the likelihood of future court-purging. I argue that the prevailing assumption is one of static, sincere judicial preferences. In contrast, I explicitly recognize the role of dynamic judicial preferences and incentives. This recognition suggests that transitional court-purging could be minimal and cautious, while the broader judicial context may eventually achieve the same policy outcomes. The dynamic perspective is crucial for understanding past court-purging strategies and for informing the conceptual debate about the rule of law in transitional justice.

Evolution of the Minangkabau Inheritance System and its Relevance to Gender Justice in Islamic Law

The inheritance system in Minangkabau, known for its matrilineal lineage, offers a unique perspective on property distribution, especially when contrasted with the patrilineal structure of Islamic inheritance law. This research delves into the historical and cultural evolution of the Minangkabau inheritance system, examining how it has adapted over time due to various social, legal, and religious influences. While Minangkabau customary law (adat) traditionally prioritizes female heirs, particularly through maternal lines, Islamic inheritance law advocates a more balanced approach, emphasizing the rights of both male and female heirs based on predetermined shares. The contrast between these two systems raises important questions about gender justice and the equitable distribution of wealth. Through a detailed exploration of Minangkabau customs and Islamic jurisprudence, this study investigates how these systems have coexisted and the efforts made by scholars and legal authorities to reconcile the differences. A significant focus is placed on the role of reformist thinkers within the Minangkabau community, who have sought to align local practices with the broader principles of Islamic inheritance law while preserving cultural identity. The research also examines the practical implications of these reform efforts, particularly in light of the evolving role of women in Minangkabau society and the growing calls for gender equality. The findings offer valuable insights into the potential for developing an inheritance model that respects both cultural traditions and Islamic values of justice, ultimately contributing to a broader discourse on gender equity in inheritance laws across diverse Muslim societies.

Dispute Resolution Efforts for Sharia Banking Profit-Sharing Agreements

Islamic banking relies on profit-sharing agreements as one of its fundamental financial instruments, adhering to the principles of justice and partnership in sharia law. However, disputes often arise between banks and customers regarding the distribution of profits and losses. This study examines the dispute resolution mechanisms for profit-sharing agreements within Islamic banking, focusing on litigation in religious courts and non-litigation processes such as mediation and arbitration. This research aims to evaluate the effectiveness and compliance of these mechanisms with Sharia principles while also proposing improvements to regulatory frameworks. A mixed-method approach was employed, combining normative juridical analysis and empirical research. The normative juridical method was used to review existing laws and regulations related to Islamic banking and dispute resolution. At the same time, the empirical data was gathered through interviews with key stakeholders such as banking practitioners, customers, and mediators involved in dispute resolution. The results indicate that non-litigation mechanisms, particularly mediation, are more efficient and cost-effective than litigation. However, there remains a need for greater public understanding and stronger institutional support to ensure the fairness and transparency of these processes. This research recommends enhancing dispute resolution systems in Islamic banking, aligning them more closely with legal and sharia standards.

The Doctrine of Election U/S 35 of the Transfer of Property Act, 1882: Development & Contemporary Relevance

The principle of election is regulated by section 35 of the Transfer of Property Act 1882 and forms a doctrine of equity whereby there must be a choice of one inconsistent right or claims arising under the same instrument conferred by a beneficiary. The principle of election is regulated by section 35 of the Transfer of Property Act 1882. It forms a doctrine of equity whereby there must be a choice of one inconsistent right or claim arising under the same instrument conferred by a beneficiary. The doctrine keeps one from receiving the fruits of any legal document and refusing its obligations simultaneously. This doctrine is derived from the English equity law and adopted to India. It has developed into ensuring equity and justice in property, including wills, settlements, and deeds. Election refers to the necessity of electing between two conflicting or alternative rights conferred by the same instrument, where both rights cannot be enjoyed simultaneously. It underlines that the one who benefits under an instrument also bears the burden that follows it. This doctrine does not allow beneficiaries to take in favorable provisions but reject adverse ones thereby ensuring consistency and fairness. The judgment in the case of C. Beepathuma v. Viduri Shankar Narayana Kadambolithya is AIR 1965 SC 241, highlighting that the done must elect for or against the instrument. It is highly relevant to the settlement of property litigations as it averts unjust enrichment, in that a beneficiary must receive both the fruits of rights and liabilities created through a legal document. The doctrine was developed on the foundation of equity and is of high importance for the observance of justice in law concerning property as it forces recipients to either abide completely by the tenets of transfer or to relinquish the benefit.

Examining the Impact of Vulnerability and the Law of Justice on the IFRS Adoption Decision

We investigate the impact of vulnerability and the law of justice indicators on the decision to adopt International Financial Reporting Standards (IFRS) by 133 countries. Applying robust Logit and Probit models to 2021 cross-sectional data, we find that the absence of corruption, state illegitimacy, a well-functioning civil justice system, and insufficient public services are helpful for IFRS adoption. On the other hand, results show that a country’s uneven economic development and human rights violations are detrimental to IFRS adoption. Our research confirms that requiring higher standards for financial and accounting reporting in the media, allocating sufficient budget amounts to support an equitable civil justice system, and coordinating efforts to reduce or eliminate economic inequality may help IFRS adoption. We argue that highlighting the positive benefits of IFRS adoption and the commensurate constructive policy outcomes may add the emphasis needed to convince governmental leaders to move toward IFRS adoption.

Early engagement will be necessary for atmospheric methane removal field trials

Abstract Atmospheric methane removal (AMR) refers to a suite of emerging technologies and practices that destroy atmospheric methane. There is growing interest in AMR field trials to better understand the risks and benefits of various approaches. Building on rights-based rationales from international law and core principles of environmental justice, we argue that AMR field trials should not proceed before meaningful public engagement occurs. We also draw preliminary lessons from ocean fertilization and solar radiation management (SRM) cases to highlight the significance of involving members of the public in conversation about climate intervention technologies in early stages of the research and development process. While we emphasize that engagement is not a checkbox for gaining social license, these cases illustrate how neglecting public engagement can be unnecessarily detrimental to proposed research. We further point to an enhanced weathering experiment to highlight how early engagement can foster ethical processes and outcomes, which enhance alignment of research with societal values. While empirical evidence does not yet support the argument that engagement always results in the outcomes researchers desire, it does always result in justice enhancing outcomes and should therefore be pursued regardless. We advocate for diverse engagement approaches based on the nature of the technology, with a focus on collaboration with impacted communities, the public, and international interdisciplinary researchers. To ensure responsible research practices, the article calls for the development of comprehensive governance frameworks and ethical guidelines for field trials.

Іnternational and foreign practice of compensation for war crimes

The scientific article is dedicated to the study of international and foreign practices of compensation for war crimes. The article analyzes legal mechanisms and tools used for compensating victims of war crimes in various countries of Europe and the world. The main focus is on the practice of international courts, such as the International Criminal Court (ICC), as well as national judicial institutions that handle war crime cases. Specific cases and decisions that have influenced the development of law enforcement practices in this area are examined. One of the key aspects of the work is the analysis of international treaties and conventions that regulate compensation issues, including the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, as well as the Rome Statute of the ICC. Various compensation models are considered, including monetary compensation, rehabilitation, and other forms of reparation. The article also explores the role of non-governmental organizations and international funds in the process of compensating war crime victims. The effectiveness of different approaches and mechanisms used to ensure justice and restore the rights of victims is analyzed. The work pays attention to the problems and challenges faced by law enforcement agencies when handling war crime cases, as well as the prospects for improving the international legal mechanism for protecting the rights of victims. The research is based on the analysis of specific cases, court decisions, and legal acts, allowing conclusions to be drawn about the current state and possible ways of developing the compensation system for war crimes. Thus, the article contributes to the scientific discussion on improving the mechanisms of legal protection for victims of war crimes and ensuring justice in international law.

Adoption Archives: Documents, Subjecthood, and the Possibility of Justice

This essay turns to adoption archives as a key site for imagining justice in both law and literature, taking South Korea’s history of transnational adoption as its focus. Adoptees are made through documents: case files, consent forms, advertisements and brochures, applications, home studies, and certificates that render them into adoptable subjects. On the one hand, these archives hold the promise of recovery, containing information needed to contextualize oneself and find one’s first families. Yet these documents also pose interpretive difficulties through their opacities, omissions, and fabrications, not to mention their lack of access. This essay proposes that efforts towards justice for Korean adoptees must proceed from a robust understanding of adoption archives: a knowledge that involves the complicated legal, ethical, and interpretive problems that surround these documents, as well as the difficult affective and intellectual relationships adoptees have with institutional record-holders as well as with the documents themselves. As a step towards this fuller reckoning, this essay provides a description and theorization of adoption archives in relation to foundational and recent developments in archive theory. It then outlines the legal histories and frameworks surrounding Korean adoption archives as they exist today, while also attending to the practical experiences of adoptees in accessing their records. Finally, it turns to recent literary works on Korean adoption that center adoption documents, exploring how literature provides a productive space for exploring the complexity of the archive. Ultimately, the essay proposes that archives matter not just as a source of violence or recovery, or as an unrecoverable origin, but rather through their representational forms and their implications for the adoption imagination.

Navigating the new approach and evolving theory: a study of injunctive relief for SEPs in China

ABSTRACT Civil law indicates that an injunction shall be granted once property rights and personal rights are found to have been violated. In China, intellectual property judicial practice has adhered to this rule, resulting in an initial approach to patent injunctions known as ‘injunctive relief as a matter of course’. However, with a deeper understanding of corrective justice in law and economics theory, the automatic application of injunction for patents has been restricted. Conversely, in disputes over standard essential patents (SEPs), China has shifted its approach to injunctive relief from de facto exclusion to conditional application. Although the approaches to ordinary patents and SEPs have diverged, the underlying theoretical support, i.e. the balance of interest principle and the proportionality principle, remains consistent. An analysis reveals that the balance of interest principle provides guidance in the settlement of SEP disputes, while the proportionality principle serves as an effective tool for implementation.

Prevention of Falsification of Polygamous Marriage Identity in Lampung Province and Its Contribution to the Reform of Islamic Family Law in Indonesia

This article examines the problem of identity forgery in polygamous marriages in Lampung Province. This case arises because the husband is not open to the first wife and the strict regulations regarding polygamy. The purpose of the research is to analyse identity forgery from the perspective of Islamic law and positive law as well as preventive efforts that can be made as an Islamic family law reform in Indonesia. The method used is qualitative, with a case study approach, type of field research, data collection techniques, through observation, interviews and documentation. Interview respondents from the Head of the Lampung Province Religious Affairs Office, religious leaders and six perpetrators of marriage identity forgery. The findings show that identity forgery is done to trick the wife and the KUA, and violates the principles of justice in Islam and Marriage Law No. 1 of 1974. Prevention efforts involve increasing public awareness, the capacity of registration agencies, and revising stricter regulations. The conclusion states that these measures can prevent identity forgery and strengthen law enforcement, as well as contribute to a more just and transparent reform of Islamic family law.

You Stole Our Land: Common Law, Private Property, and Rothbardian Principles of Justice

Demands for justice based on allegations that “you stole our land” seem to evolve interminably without resolution. In responding to these demands it seems trite to observe that the law must not let the violation of rights go without a remedy, but how should property law resolve cases of wrongful acquisition arising from historical conquest? It is easy to say in the abstract that stolen property must be returned to the true owner, but in the context of historical dispossession it is often difficult to identify the “true owner” when centuries have elapsed since the alleged dispossession. Based on a comparison between the common law tradition and Rothbardian principles of property rights, this article argues that the “stolen land” debates are characterized by arbitrary and unprincipled distinctions between different cases. Far from resolving any disputes, that approach only fuels fresh rounds of hostility and conflict. Allegations of wrongful acquisition of title must instead be evaluated by reference to an ethical theory of justice based on objective principles of natural law.

Dilemmas of Justice in Law – the Historical-Legal and Semantic Aspects of Justice

Dilemmas of Justice in Law – the Historical-Legal and Semantic Aspects of Justice

How do perceptions of procedural justice, police legitimacy, and legitimacy of laws influence intentions to drug drive?

Introduction: There is a need for improved drug driving enforcement to promote greater driver compliance with drug driving laws. In Australia, Roadside Drug Testing (RDT) suffers from operational challenges that undermine its effectiveness in reducing drug driving. Objective: To identify potential improvements to RDT, this study investigated the extent to which drivers perceive RDT to be procedurally just and that the policing of drug driving and the associated laws are legitimate. These perceptions were then compared with those applying to Random Breath Testing (RBT) and examined in relation to their respective influence on intentions to drug and drink drive in the future. Method: A sample of 1,483 licensed drivers from three Australian states completed an online survey. Results: Those participants who reported engaging in drug driving perceived RDT to be less procedurally just than non-drug drivers. Similarly, drug drivers perceived the police and associated drug driving laws to be less legitimate than non-drug drivers. Furthermore, drug drivers who had been tested at an RDT operation in the past perceived RDT to be less procedurally just and considered drug driving policing and laws to be less legitimate, compared with the corresponding perceptions of drink drivers who had been tested at an RBT operation. A regression analysis indicated that stronger intentions to drug drive in the future were associated with lower perceptions of police legitimacy and the legitimacy of drug driving laws, but not with the elements of procedural justice. However, follow-up analyses indicated that the influence of procedural justice on intentions was mediated by the two legitimacy variables, thus weakening its direct impact on intentions. Practical applications: The results highlight the need for road safety authorities to enhance the perceived legitimacy of drug driving enforcement and associated laws. Changes to current police practices and/or drug-driving laws may also be needed to enhance the effectiveness of RDT.

Procedural Justice in Biblical Law

While ancient Israelite legal thinkers did not write theoretical treatises in legal procedures, they drew on ancient Near Eastern commitments to due process, explicated and developed such older ideas, and gave them theological import within the context of the legal collections that now appear in the Hebrew Bible. Deuteronomy and Leviticus both show evidence of such concerns, as do courtroom stories in Jeremiah. The existence of such texts has received insufficient attention, but their recovery is important in the contemporary era, when the rule of law has become a contested idea in some circles.

Absolute competence of the industrial relations court resolving employment termination disputes

Purpose: The jurisdictional scope or competence of the Industrial Relations Court is elaborated in Section 56, Law Number 2, Year 2004. However, Section 56 Number Law 2 Years 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court because, under this law, the Court has issued ineffective and inefficient court decisions. In response to this debate, this study problematizes the competence of the Industrial Relations Court in presiding over the termination of employment contracts. Method: In analyzing the problem, this research uses a normative juridical method that has a systematic way of conducting research, focusing on competency theory, the theory of justice and supremacy of law, subjective justice, competency of the Industrial Relations Court according to existing laws and regulations, and experts’ views regarding the contribution of the existing literature to the competency of Industrial Relations Court judges. Results: This study argues that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 Year 2004 on manpower is required. Limitations: This research has a number of limitations, including the time required to search for additional references, such as the latest journals, and comparisons with the competence of industrial relations courts in various countries. Contributions: It is hoped that the results of this research can provide information as a basis for consideration and contribution of thought to policymakers in formulating laws and regulations more effectively and efficiently to bring justice, legal certainty, and benefits to society.

Peradilan Agama di Indonesia Pasca UU Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas UU Nomor 7 Tahun 1989

This research aims to reveal and analyze the existence of Religious Courts as a robust and equal branch of judicial power alongside other courts, as regulated by the Judicial Power Law. Religious courts are one of the judicial bodies exercising judicial power to enforce law and justice for people seeking justice in specific cases involving Muslims, particularly in matters of marriage, inheritance, wills, gifts, endowments, zakat, infak, alms, and sharia economy. The factors supporting the existence of religious courts are based on changes in Law Number 7 of 1989 to Law Number 3 of 2006 and Law Number 50 of 2009 concerning Religious Courts. With these changes, the institutional existence of Religious Courts has been strengthened as their adjudicative authority has been expanded, making their institutional presence as solid as other courts. This expanded authority elevates the status of Religious Courts as a medium for maintaining their institutional existence. The hindering factors include the limited physical and non-physical facilities, such as human resources (HR) that are not evenly distributed in quality and quantity within the Religious Courts, and the fact that many judges in the Religious Courts do not yet fully master civil law and civil procedural law. The amendment of Law Number 50 of 2009 brought significant changes to the judiciary in Indonesia, including changes in the position and authority of religious judges. The position of judges post-amendment of Law Number 50 of 2009 is regulated by the Supreme Court, in accordance with Law Number 48 of 2009 concerning Judicial Power, which places Religious Courts alongside other courts under the Supreme Court. Additionally, the Judicial Commission exists to uphold the honor, dignity, and conduct of judges, providing external oversight of judges.