Justice Research Articles

Justification, normalcy and randomness

AbstractSome random processes, like a series of coin flips, can produce outcomes that seem particularly remarkable or striking. This paper explores an epistemic puzzle that arises when thinking about these outcomes and asking what, if anything, we can justifiably believe about them. The puzzle has no obvious solution, and any theory of epistemic justification will need to contend with it sooner or later. The puzzle proves especially useful for bringing out the differences between three prominent theories; the probabilist theory, the normic theory and a theory recently defended by Goodman and Salow.

Legal Studies of Village-Owned Enterprises as Legal Entities for the Prosperity of Village Communities

A business entity established and owned by a village is designed to support the community in meeting their daily needs, enhancing their knowledge, and providing business and employment opportunities. This requires an institution capable of managing these activities effectively. The institution in question must be able to generate profits because the potential within a village is intended to promote the welfare of the local community. This study examines village institutions functioning as economic entities, commonly known as Village-Owned Enterprises (BUMDes). The study also explores the legal status of these entities and their role in implementing programs aimed at building a prosperous society. The research findings confirm that BUMDes, as regulated by Government Regulation Number 11 of 2021 and the Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration Number 3 of 2021, have legal entity status. This means that these institutions are recognized and regulated by law, allowing them to engage in business activities legally, while also being responsible for adhering to applicable laws and regulations. The village government wholly owns these business institutions, and their mission is to manage and develop the village's economic potential. Additionally, BUMDes are intended to create jobs, enabling village communities to meet their basic needs, increase their income, and advance the local economy. The legal framework governing these institutions must be a focus for stakeholders to ensure the creation of legal justice, certainty, and benefits.

Role of Ultrasonography in the Diagnosis of Acute Appendicitis

Introduction: Acute appendicitis is still prevalent as a major surgical emergency. Due to the fast progress of the ailment, surgery is often the most sensible approach to manage it. But any surgery comes with its fair share of risk. If the diagnosis of the disease can be made more accurate prior to surgery, the error rate of negative appendectomy can be greatly reduced. Aim of the study: The aim of the study was to evaluate the role of ultrasonography in the diagnosing acute appendicitis. Methods: This prospective cross-sectional study was conducted at the Institute of Nuclear Medicine & Allied Sciences (INMAS), Rangpur with Department of Surgery & Department of Pathology of Rangpur Medical College Hospital, Rangpur, Bangladesh. The study duration was 02 years, from 01January 2022 to 31 December 2023. A total of 100 cases were selected from those patients were come for ultrasound examination, send from the hospital with pain in the right lower quadrant of the abdomen for the purpose of this study. Result: Among the 100 participants of the study, histopathological diagnosis showed that 86% were acute appendicitis cases and 14% had normal appendicitis. Gender or age had no significant association with histopathological diagnosis, but male prevalence was observed in the study, with a high prevalence of young adults. The original site of pain was periumbilical pain shifted to the right iliac fossa for half the participants. Pain duration was between 18-24 hours for 36% of the cases. All participants presented with pain, fever, anorexia, and nausea had a high prevalence among participants. The sensitivity and specificity of high-resolution ultra-sonogram were 84.9% and 85.7% respectively. Conclusion: Appendicitis is a disease of the young, and can occur in participants of both genders. Histopathological diagnosis has no significant association with patient age or gender. Ultra-sonogram has high sensitivity and specificity ratio in diagnosing acute appendicitis and also h

Effects of system-sanctioned framing on climate awareness and environmental action in the United States and beyond

Despite growing scientific alarm about anthropogenic climate change, the world is not on track to solve the crisis. Inaction may be partially explained by skepticism about climate change and resistance to proenvironmental policies from people who are motivated to maintain the status quo (i.e., conservative-rightists). Therefore, practical interventions are needed. In the present research program, we tested an experimental manipulation derived from system justification theory in which proenvironmental initiatives were framed as patriotic and necessary to maintain the American “way of life.” In a large, nationally representative U.S. sample, we found that the system-sanctioned change intervention successfully increased liberal-leftists’ as well as conservative-rightists’ belief in climate change; support for proenvironmental policies; and willingness to share climate information on social media. Similar messages were effective in an aggregated analysis involving 63 countries, although the overall effect sizes were small. More granular exploratory analyses at the country level revealed that while the intervention was moderately successful in some countries (e.g., Brazil, France, Israel), it backfired in others (Germany, Belgium, Russia). Across the three outcome variables, the effects of the intervention were consistent and pronounced in the United States, in support of the hypothesis that system justification motivation can be harnessed on behalf of social change. Potential explanations for divergent country-level effects are discussed. The system-sanctioned change intervention holds considerable promise for policymakers and communicators seeking to increase climate awareness and action.

Fuel Subsidy and Education Sector Financing in Nigeria: A Short-run Adjustment to Equilibrium Approach

This study examined the impact of fuel subsidy on education sector financing in Nigeria from 1990 through 2023. Annual data were obtained from the Nigeria Petroleum Corporation and World Development Indicators, (WDI) on variables such as fuel subsidy, government expenditure on education sector, Oil Revenue, pump price of Premium Motor Spirit and secondary school enrolment in Nigeria. A bound cointegration test and ECM were employed. Granger test for causality was also used to ascertain the direction of causation in the series. The estimated error correction term, ECT (-1) is significant. There is no causal relationship from fuel subsidy to education sector financing. However, education sector financing granger causes fuel subsidy. Premium Motor Spirit and education sector financing were found to granger-cause each other. The study recommends that government should ensure that fuel subsidy is not allowed to deprive education of its fair share of government spending, given that current spending on the sector has been established to have implication for the sectors growth in the future years.

THE UNSEEN GUARDIANS OF LAND: INDIGENOUS COMMUNITIES, ENVIRONMENTAL LAW AND THE PATHWAY TO SUSTAINABLE COEXISTENCE

Indigenous communities have since long been stewards of the land, possessing a deep understanding of their local ecosystems and practicing sustainable ways of resource management. However, their role as unseen guardians of the environment is often overlooked by mainstream society. This article delves into the crucial role of indigenous communities in environmental stewardship and explores how integrating indigenous knowledge with contemporary environmental law can pave the way for sustainable coexistence between humans and nature. Key legal instruments, such as the International Labour Organization (ILO) Convention No. 169 and the United Nations Declaration on the Rights of Indigenous people (UNDRIP), recognize Indigenous rights, yet inconsistent implementation continues to pose challenges. This paper examines the global significance of Indigenous-managed lands, which cover 22% of the Earth’s surface, and how international agreements, like the Paris Climate Accord, acknowledge their contribution to environmental preservation. National legal frameworks, such as India’s Forest Rights Act (FRA), 2006, and the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, highlight both opportunities and obstacles for Indigenous communities in protecting their lands. Case studies from Yellowstone National Park (USA), the Amazon Rainforest (Brazil), and the Great Bear Rainforest (Canada) are explored to demonstrate the successes and ongoing struggles in collaborative conservation initiatives. The paper argues that environmental laws must respect Indigenous sovereignty, safeguard their traditional lands, and incorporate Indigenous knowledge systems. By emphasizing the importance of legal reforms and environmental justice, this research advocates for inclusive decision-making processes that ensure Indigenous communities can actively participate in sustainable coexistence efforts. Overall, the paper concludes that empowering Indigenous communities through stronger legal protections and collaborative conservation strategies is crucial for both environmental sustainability and cultural preservation.

Perlindungan Konsumen Pengguna Jasa Parkir Atas Pelepasan Tanggung Jawab Pelaku Usaha Parkir Menerapkan Klausula Baku dalam Mencapai Keadilan Berkontrak

The Consumer Protection Act 0.8 of 1999 contains provisions regarding the rights and obligations that consumers and business actors have. For example, consumers who have not received legal justice in standard agreements that create business actors, seeing the phenomenon that occurs, namely agreements made by parking business actors for consumers who use parking services, basically to meet the needs of a significant number of consumers, to make it easier for parking business actors, agreements that made for consumers who use parking services to be printed in bulk in the form of standard clauses contained in parking tickets that are made unilaterally. However, this authority contains the potential for fraud for parking business actors through the existence of a clause that is not permitted. The contents of this clause are based on the UUPK which is a clause that contains the loading of the responsibility of the businessperson for the consumer which is contained under Article 18 paragraph 1. From this it can be said that there are still many parking business actors who, in stipulating standard clause agreements in the form of parking tickets, violate the provisions of the Protection Act. Consumers are related to the discrepancy of the clause in UUPK to obtain contractual justice for consumers. With the existence of an agreement that uses the standard clause it is not allowed so that the legal consequences according to the explanation of Article 18 paragraph 3 UUPK are null and void.

Gender Affirmative Actions and Greater Participation Female in Politics: Overcoming “Inaptitudes” With Amartya Sen

Objective: The objective of this study is to investigate affirmative actions within the framework of John Rawls' and Amartya Sen's theories, with the aim of analyzing how these theories have influenced the strengthening of the idea of human dignity in contemporary times and the promotion of female political participation. Theoretical Framework: This section presents the main concepts and theories that underpin the research. The focus is on John Rawls' theories of justice and Amartya Sen's capabilities approach, providing a solid foundation for understanding the context of the investigation. Method: The methodology adopted for this research comprises a jurisprudential review and an analysis grounded in a dialectical perspective. Data collection was conducted through the analysis of judicial cases and legal documents, particularly within the Brazilian context of fictitious candidacies and the demand for the implementation of gender equality policies. Results and Discussion: The results revealed the necessity for decisions by national courts in cases of gender quota fraud to also be based on a gender perspective. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or influence practices in the field of gender equality in politics. These implications may encompass the formulation of public policies and judicial actions in cases of electoral fraud. Originality/Value: This study contributes to the literature by proposing the maintenance of legitimately elected female candidates who did not participate in electoral fraud, and, from this number, the recalculation of the legal quota proportionality, as a means of strengthening the fundamental right to gender equality. The relevance and value of this research are evidenced by the potential application of its results in improving the effectiveness of affirmative actions in the political context.

Legal Protection and Justice for Franchise Business Operators from an Islamic Law Perspective

This study discusses strategies to enhance the economic well-being of the community through engagement in entrepreneurship, especially through the franchise business model. Franchising is a marketing strategy for rapidly expanding businesses through the concept of cooperation. Legal protection for franchise business operators is crucial in maintaining a balance between the parties involved. Although there are no specific verses about franchising in the Quran, the principles of business ethics, justice, and compliance with Islamic law are essential foundations that should be applied in all forms of business transactions, including franchising. This study uses an empirical juridical legal approach to explore the concept of franchising, Islamic legal principles, and the impact of legal protection on franchise business operators. The results of this research are expected to make a significant contribution to advancing the legal discourse related to franchise business and Islamic law in Indonesia.Legal protection helps franchise business operators manage risks and conduct business in accordance with the principles of justice and business ethics, from both Islamic and general legal perspectives. Islamic and general law play a crucial role in shaping a fair, orderly, and sustainable franchise business environment. With a clear and consistent framework, franchise business operators can focus on the development and growth of their businesses. Thus, legal protection serves as a strong foundation for sustainable franchise business growth in Indonesia and makes a positive contribution to the economy and society as a whole. Franchise businesses can be a suitable form of enterprise that aligns with the values and principles of Islamic economics, providing a positive contribution to the economy and society overall.

Ethical AI in Financial Inclusion: The Role of Algorithmic Fairness on User Satisfaction and Recommendation

This study investigates the impact of artificial intelligence (AI) on financial inclusion satisfaction and recommendation, with a focus on the ethical dimensions and perceived algorithmic fairness. Drawing upon organizational justice theory and the heuristic–systematic model, we examine how algorithm transparency, accountability, and legitimacy influence users’ perceptions of fairness and, subsequently, their satisfaction with and likelihood to recommend AI-driven financial inclusion services. Through a survey-based quantitative analysis of 675 users in China, our results reveal that perceived algorithmic fairness acts as a significant mediating factor between the ethical attributes of AI systems and the user responses. Specifically, higher levels of transparency, accountability, and legitimacy enhance users’ perceptions of fairness, which, in turn, significantly increases both their satisfaction with AI-facilitated financial inclusion services and their likelihood to recommend them. This research contributes to the literature on AI ethics by empirically demonstrating the critical role of transparent, accountable, and legitimate AI practices in fostering positive user outcomes. Moreover, it addresses a significant gap in the understanding of the ethical implications of AI in financial inclusion contexts, offering valuable insights for both researchers and practitioners in this rapidly evolving field.

Retribution for tribal sovereignty: Settler colonial policing and civil justice impacts

Unique among marginalized groups, American Indians are both citizens of the United States and citizens of sovereign tribal nations, as recognized (but not granted) by federal Indian law. However, even as tribal nations exert increasing economic and political power, criminal legal outcomes for tribal members—who interface with an array of tribal, local, state, and federal law enforcement and justice systems—remain detrimental or are worsened. These outcomes also include increased contact with state courts and the delegitimization of tribal courts, which uniquely implicate the civil justice context. We use the settler colonial framework to investigate how tools of state criminal law, such as heavy policing and disparate punishment, may impact the civil justice needs of Indigenous people, and more broadly, the very sovereignty these policies aim to protect. Drawing on interviews and observations in tribal and county-level courts, we examine the experiences of American Indians and other stakeholders in Indian country. We identify how enforcement practices, surveillance of space, and the complexities of layered policing within a “jurisdictional maze” contribute to the deterioration of tribal sovereignty. We contextualize our findings by considering the historical, cultural, and socio-economic factors that influence the experiences of American Indians in the criminal justice system, and by examining the civil justice implications.

Implementasi Pendekatan Jurimetri dalam Penyelesaian Sengketa Hak-Hak Perempuan dalam Putusan Cerai Talak

The divorce gives rise to rights and obligations, especially women's economic rights after divorce, namely iddah, mut'ah and madhiyah livelihood. Judges in determining the amount of alimony still vary and there are no standard rules and methods so that judges can guide them in determining the value of alimony for wives as a result of divorce which reflects propriety and justice. The author will put forward the idea of ​​the jurimetric method as a mathematical analysis method related to determining the amount of iddah, mut'ah and madhiyah maintenance for wives after divorce. The aim of the research is to analyze the application of the jurimetric approach in resolving disputes over women's rights in divorce decisions for talak at the Gedong Tataan Religious Court and the Sukadana Religious Court and to analyze the perspective of maslahah al mursalah and the theory of justice towards the implementation of the jurimetric approach as a method for determining the amount of women's rights in decisions divorce. This research is normative legal or normative juridical research which is descriptive analytical in nature. The application of jurimetry in determining the amount of women's rights in divorce and divorce decisions regarding 'iddah, mut'ah and madhiyah income, is carried out by collecting empirical data which is then expressed in variables. Jurimetry is a tool to interpret norms for the sake of realizing justice. By applying a jurimetric approach in determining the amount of 'iddah, mut'ah and madhiyah income, it has fulfilled procedural justice and distributive justice and fulfilled maslahah al-mursalah.

Land Question in Post-Apartheid South Africa

Following the end of apartheid regime in 1994, it became clear to the government that a new constitution was urgently needed in order to redistribute and restitute land. After two years of intense deliberations and consultations, a new constitution was finally adopted in 1996. The new constitution clearly spelt out the fundamental principles of land reform policy. As a result, three-legged land reform strategy was adopted. These are (i) land tenure; (ii) land restitution; and (iii) land redistribution. However, existing scholarship has shown that these land reform programmes have not really addressed the social injustices of the past. Although there has been interesting scholarship on land question in post-apartheid South Africa, most of the previous studies focus on ‘economic compensation’ rather than ‘social justice’. In attempt to fill this gap in scholarship, this paper examines land question within the theoretical prism of social justice theory. The paper analyses the concept of social justice; then, proceeded to the discussions, applications and critiques of Kurt Lewin’s three-model of social change, John Rawls’ theory of social justice and Nancy Frazer’s model of parity of participation to land question in post-apartheid South Africa.

Shhh! What Are Secrets and How Do They Affect Us?

Have you ever kept something about yourself hidden from others? Throughout our day-to-day interactions, there are times when we might choose to keep certain information to ourselves. This is called secrecy, and the information we keep hidden from others is called a secret. Secret keeping is quite common—most people do it, and you have likely kept your fair share of secrets, too. But have you ever wondered how we learn to keep secrets, what goes on in our minds when we keep them, or how they can impact how we feel? In this article, we will reveal the secrets of secret keeping and share what you need to know about this fascinating topic.

LAND PROCUREMENT IN ORDER TO SUPPORT THE DEVELOPMENT REVIEWED FROM THE ASPECTS OF LEGAL CERTAINTY

Article 5 of the Basic Agrarian Law of Indonesia establishes that the earth, water, space, and their natural resources are under the control of the state, with the aim of achieving public prosperity in a just society. In developing the electricity system, as per Law No. 30 of 2009 on Electricity, land use necessitates compensation for land rights holders in accordance with Law No. 2 of 2012 on Land Acquisition for Public Interest and related regulations. Regulation of the Minister of Energy and Mineral Resources No. 13 of 2023 addresses spatial planning, minimum distance for electric transmission networks, and compensation for land and buildings under these networks. However, land beneath the Extra High Voltage Overhead Line (SUTET) only receives compensation for land value, not for the use of the space beneath the line, leading to reduced land productivity and economic value. This research employs normative juridical research with statutory and case approaches, analyzing primary legal materials such as relevant laws and regulations. It utilizes legal theories including legal certainty, justice, and state welfare. The research finds that the current practice of not compensating land under SUTET, but only compensating for land value, results in economic disadvantage and lacks fairness. To promote legal certainty and justice, it is recommended that compensation provisions be explicitly regulated by law to address these issues comprehensively.

Self-Trapping of a Laser Beam of Ultrarelativistic Intensities

Since a theory that can justify the condition of matching of the laser and plasma parameters to implement the relativistic self-trapping regime for laser light in a plasma, which is the most efficient for the acceleration of electrons, is still absent, doubts remain in the necessity of the corresponding extensive experimental studies, particularly in view of the lack of justification or completion of previous theories. The presented theoretical analytical approach, which includes the relativistic nonlinearity of the electron mass and electron cavitation in the plasma, allows one to overcome this problem and provides an analytical justification of the conditions of such matching for ultrarelativistic laser beams at the quantitative level, which is in agreement with the multidimensional numerical simulation.

Religion and Justice – from Leviticus to Lily

Abstract This article was a memorial lecture to the author's father, Rabbi Harry Jacobi, and begins with a tribute to his commitment to justice. It traces the concept of justice and its application from Leviticus to the Talmud to Lily Montagu. It suggests three models of approaching justice. In Leviticus, the principle of justice is clear and its application radical, especially in the concept of the Jubilee year. In the Talmud, the complexity of justice is addressed. Examples are given of debates about disputed possession, compensation and taxation. Finally, a biography of Lily Montagu and examples of her work are presented to show how she put the theory of justice into practice. It is suggested that a threefold approach to building justice is needed: a strong sense of justice, an acknowledgement of the complexities and a commitment to actively working for justice.

A Mobility Justice Framework to prioritize areas for mobility interventions

Understanding, visualizing, and quantifying how resources are allocated and the fairness of distributions and access is significant for supporting decision-makers in incentivizing development and ensuring that future changes are widely beneficial and fair. By pointing out the need for mobility justice research to shift from state-centric to more society-centric frameworks and metrics, this study proposed a Mobility Justice Framework that integrated two important theories of justice: distribution and recognition justice. The proposed framework highlights the distribution of amenities and burdens in providing transport infrastructure. It also aims to identify those disadvantaged socio-economic groups more exposed to mobility inequalities. To make the framework applicable within the city context and guide decision-making, several metrics (variables) were identified to make principles of distributive and recognition justice operationalizable. Variables such as 1) accessibility by walking, 2) exposure to traffic negative effects, 3) frequency of use of transport modes, and 4) availability of transport infrastructure were used to identify neighborhoods and the different types of mobility resources/burdens that disadvantaged socio-economic groups are exposed to. To showcase its usability, the framework and methodology have been applied to the city of Munich to highlight neighborhoods with a higher proportion of older people and the transport disadvantages associated with these target groups. A higher negative correlation between older people and mobility resources/burdens can be observed for the following variables: accessibility by walking to activities, availability of walking and cycling infrastructure, and availability of car-sharing services. When measured against exposure to negative transport effects, a higher positive correlation was observed. The paper ends with a discussion section on the relevance and usability of the proposed framework for transport planning and policy and its limitations.

Confucian Theory of Justice and Criticisms of Meritocracy: From the Perspective of Confucian Contributive Justice

Confucian Theory of Justice and Criticisms of Meritocracy: From the Perspective of Confucian Contributive Justice

<b>ANALISIS YURIDIS TERHADAP PELAKU PENJATUHAN TINDAK PIDANA PENCEMARAN NAMA BAIK CALON ANGGOTAN DPRD (PUTUSAN NOMOR 81/PID.SUS/2021/PN SGT)</b>

The rapid advancement of technology facilitates social interactions from the physical world to the digital realm, making it accessible to everyone, including criminal offenses like defamation on social media. The research questions are: 1) Do the elements of defamation against a prospective council member in Verdict No. 81/Pid.Sus/2021/PN Sgt comply with Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code for minor offenses? 2) Is the two-month sentence imposed by the judge in line with the sentencing objectives under the Penal Code in Verdict No. 81/Pid.Sus/2021/PN Sgt? This research employs a normative method with secondary data, using descriptive-analytical techniques analyzed qualitatively with deductive reasoning. The findings indicate that the crime's elements do not align with the minor offense provisions of Article 315 of the Penal Code. The two-month probationary sentence does not meet the sentencing guidelines' objectives. The conclusion is that the verdict does not adequately apply Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code, nor does it align with sentencing objectives. Judges should consider legal certainty, justice, utility, and societal values.