Justice Research Articles

Aristotle's Inner Logic of Justice: Based on the Nicomachus Ethics

Aristotle discusses the issue of justice in Volume V of the Nicomachan Ethics, including the connotation of justice, several types of justice, and the relationship between justice and willing behavior. Aristotle seems to have no rules and regulations in his discourse, but in fact, he has his inherent logic. Aristotle first provides a specific explanation of justice and divides it into overall justice and specific justice. Overall justice is related to virtue, reflecting more of an individual's quality and possessing individuality; The specific justice is closely related to the life of the city-state, and is also the main object of discussion by the Aristocrats. The purpose of discussing justice is also for the overall happiness of the city-state. It is not difficult to see the city-state nature of the justice it discusses, and natural justice and agreed justice are closely related to the evolution of the city-state. Finally, Aristotle brought justice back to the individual, exploring the relationship between justice, injustice, and willful behavior, returning to individuality, which is also the individuality in the city-state. It can be said that Aristotle's theory of justice is interpreted along the internal logic of individuality, city-state, and individuality. However, at the same time, city-state cannot represent complete justice and happiness, so justice ultimately returns to the soul quality of the individual. Justice is the manifestation of individual virtue in the city-state, and city-state and individuality complement each other to achieve the goal of justice - the happiness of the political community.

Analisis Yuridis Terhadap Penentuan Status Barang Bukti Pada Putusan Perkara Pidana Pengangkutan Mineral Tanpa Izin di Pengadilan Negeri Marisa

This study aims to review and analyze the judge's considerations in determining the status of evidence in the criminal case concerning the transportation of minerals without permission, as outlined in Decision Number 4/Pid.Sus/2023/PN Mar. Additionally, it seeks to examine the correlation between these judicial considerations and the application of criminal sanctions imposed on perpetrators of the crime of unauthorized mineral transportation in the same court decision. The research employs a normative juridical method. The findings indicate that the judge's considerations in determining the status of evidence in this case are consistent with the application of Law Enforcement Theory, Justice Theory, Criminal Responsibility Theory, Legal Certainty Theory, and Criminal Theory, and are based on the theories of punishment and criminal liability. The analysis demonstrates a close correlation between the judge's considerations regarding evidence and the application of criminal sanctions on the offenders, in alignment with Court Decision Number 4/Pid.Sus/2023/PN Mar.

Démuth, Andrej – Démuthová, Slávka (Eds.): A Conceptual and Semantic Analysis of the Qualitative Domains of Aesthetic and Moral Emotions: An Introduction

"A Conceptual and Semantic Analysis of the Qualitative Domains of Aesthetic and Moral Emotions" by Andrej Demuth and Slávka Demuthová explores the crucial intersection of aesthetic and moral emotions. Understanding these emotions is vital for grasping human psychology and social behaviour, as they shape personal experiences and influence societal norms and ethics. Scholars like Immanuel Kant and Martha Nussbaum have emphasised the role of aesthetics in moral judgement, highlighting how sensory experiences inform our sense of right and wrong. This book's exploration of the semantics and etymology of terms related to aesthetics and moral emotions enhances our understanding of how language shapes emotional experiences and provides historical insights into evolving perceptions of beauty and disgust. This study has significant implications for legal research, where morality, ethics, and justice are influenced by emotional and aesthetic judgements. By examining these judgements, legal scholars can better understand biases, interpret laws more fairly, and develop frameworks that resonate with the complexities of human psychology, enriching both legal theory and practice.

Intersexuality and Transgender Identity as a "Problem" of Participation in Sports Competitions

Amidst a global landscape where transgender individuals face unprecedented challenges in accessing equitable sexual health care, our review breaks new ground by exploring the intricacies of sexual health within the transgender community. Unveiling the critical gaps in current health care practices, our research not only amplifies the voices of those often marginalised in health narratives but also pioneers a comprehensive, culturally sensitive approach to transgender sexual health. The literature review tries to find medical and subsequent legal justifications for PRO and CONS of participation of transgender and intersex athletes in the category of the opposite sex. It tries to analyse which differences in life can be relevant in defining competitive advantages, which nowadays lead to very controversial, often politically motivated conclusions. The opinions of the professional and sports public do not go along with some decisions of sports associations and authorities. It therefore also deals with the recent decision of the European Court of Human Rights in the case of Caster Semenya, as well as the participation of athletes across different sports disciplines and categories. It does not ignore the question of the adequacy of anti-discrimination measures. Furthermore, it evaluates the impact of such participation on the integrity and fairness of competitive sports, highlighting the need for a balanced approach that respects the rights of all athletes. This study stands at the forefront of transforming sexual health care for transgender individuals worldwide.

Strategic justice, conventions, and game theory: introduction to a Synthese topical collection

Evolutionary, game-theoretic approaches to justice and the social contract have become increasingly popular in contemporary moral and political philosophy. (Vanderschraaf, Strategic justice: convention and problems of balancing divergent interests, Oxford University Press, 2019) theory of strategic justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of it. This article discusses some of the central features of Vanderschraaf’s theory and relates them to the contributions in this collection. Some of the contributions directly address Vanderschraaf’s work, while others explore related topics in game theory, bargaining theory, formal philosophy, rationality, equality, justice, and the theory of conventions. This collection aims to bridge a gap between disjoint but closely related literature spanning a wide range of disciplines. The contributions allow readers to systematically engage with the topic of strategic justice, advance dialogue, and more easily follow this rich and expanding field of study.

Modernidad, democracia y pandemia ante la emergencia de los nuevos autoritarismos

Modernity and democracy constitute the ethical and political horizon of our time. Apel and Habermas' discourse ethics, Rawls' theory of justice, reflect the effort to sustain our rules based on democratic values. In this paper we will take a critical look at the situation of current democracies, as well as on the impact of the pandemic on the exacerbation of a generalized crisis of democratic systems. When analysing the situation of democracy during the covid-19 pandemic, the rise of authoritarian features has been observed: new mechanisms of violence, new forms of control, social coercion, centralization of political and economic power. The pandemic has shown a crisis in the capitalist system, revealing the null protection capacity of the global democratic system. Taking into account some authors such as Bauman, Hannah Arendt, Donatella di Cesare, Zizek and Byung-Chul Han, we will analyse the crisis of modern democracies and their authoritarian elements, from the impact of the pandemic on democratic government systems. Finally, we will analyse the elements that promote the thesis of authoritarian democracies as inherent forms to global capitalist dynamics.

Global egalitarianism and climate change: against integrationism

ABSTRACT A central question in debates about climate justice concerns how the global emissions sink should be shared among the global population over time. This paper considers how global egalitarians should answer that question. In particular, it defends emissions egalitarianism from a view known as ‘integrationism’, according to which shares of the emissions sink should follow from a more general egalitarian theory of distributive justice. First, I show that emissions egalitarianism can draw on a source of functional support not adequately acknowledged in the integrationist critique: it can express an underlying account of the structure of historical responsibility for climate change I call the Fair Share View. Second, I claim that integrationism is also in tension with other principles of responsibility for climate change, and that its scepticism about historical responsibility has not been appreciated. Finally, I provide an alternative to integrationism. My central claim is that integrationism posits too direct a relation between a theory of equality of wellbeing and practical questions about claims to the emissions sink. Egalitarians should appeal to a species of derivative principle I call ‘applied principles of global justice’, and emissions egalitarianism could plausibly be endorsed on these grounds.

Forum Marketing in International Commercial Courts?

Abstract Forum selling is a legal term used to describe the practices of courts and judges, geared towards attracting cases, such as increasing the predictability of judgments or speeding up trials. However, do courts also go beyond forum selling to attract cases? Taking international commercial courts as its focus, this article explores how these courts market themselves to attract cases and coins the term ‘forum marketing’. It demonstrates that the courts’ recent establishment, coupled with their voluntary jurisdiction, creates a compelling context, which encourages them to engage in forum marketing. The article argues that forum marketing is not merely a byproduct of the competition in commercial dispute resolution, but a powerful mechanism with deeply persuasive, normative and, effectively, structuring properties. Forum marketing is central to disseminating and reinforcing a pro-business approach in civil justice, consequently setting the stage for procedural inequality and a one per cent procedure.

The Restructuring Righteous Foreign Worker Regulations: The Challenge of Enormous Influx of Foreign Workers

Foreign workers are needed to overcome the challenge of a shortage of professional workers. However, the ineffectiveness of foreign worker licensing regulations in Indonesia hampers the supply of qualified foreign workers and impacts regional levy revenues. This research aims to structure the rules for the fair use of foreign workers. This is normative juridical research with conceptual, statutory, and comparative approaches. The results of a comparison of foreign worker regulations in Indonesia and Singapore are used to develop a regulatory concept that is more responsive to the use of foreign workers, especially in the health sector. The idea of licensing law and justice theory is used for analysis. The research results show that the regulations on using foreign workers in Indonesia are not yet comprehensive regarding the rules for qualifying foreign workers as a condition for issuing permits and justifying good public services. The issuance of permits to use foreign workers has been hampered because several regions do not yet have implementing regulations that impact the collection of regional levies. Second, setting up mechanisms for utilizing foreign workers in Singapore is relatively easy and successful with strict digital-based permit requirements. Thus, Indonesia needs to adopt a foreign labor policy system with strict requirements for issuing permits that are accessible in terms of bureaucracy, changes to laws, implementation of regulations, and drafting of regional regulations.

STORIES OF THE PARASITE AND SYMBIOSIS AT A TIME OF CRISIS

Serres thought that humans had become the world’s parasites and that we must seek a more reciprocal partnership with our host. He put forward a legal justification for writing a new social contract that encompassed the more-than-human. Serres associated the foundation of the “natural contract” with the story of evolution, the biological relation between symbiosis and the parasite. Closely aligned to his proposal, Serres also envisioned the gathering together of a universal history revealed by the knowledge of the diverse sciences of matter and life and stories from the humanities and religion. He thought the “Grand Narrative” would bring people to an intimate understanding of our relation to the living world and the need for a contract of symbiosis. Serres referred to Molière’s Tartuffe, the fables of La Fontaine, the adventures of Tintin and Livy’s history of Rome to describe an underlying parasitical logic. Crossing social, medical, communicative and historical practices, the parasite is portrayed by Serres as an acquisitive guest, a contagious microbe, a confusing noise and part of ritualistic feasts. Crossing these specific examples, Serres depicts how the general operation of the parasite works in close partnership with the symbiotic. For instance, germs can both invade the body and strengthen immunity. As evolutionary biologists recognise, there is no simple division between parasitic and symbiotic processes. In this paper, I explore the biological–parasitic–symbiotic framework that Serres applies in the context of the ecological crisis and his proposal for a contract of symbiosis. I focus on pioneering research into the history of bacteria carried out by microbiologist Lynn Margulis and associated studies on the evolution of fungi and moss. I describe how this research contributes to Serres’s formulation of a universal story and at the same time helps both to supplement and critically engage with Serres’s thought on the natural contract. Specifically, I describe how Margulis’s contentions about the abilities of micro-organisms differ from Serres’s conception of the technology of “nature.” I also examine how his notion of the “Biosum,” a body that integrates all the perceptions and senses of the living world, informs his understanding of the divergent evolution of humankind. I conclude that Serres’s natural contract seeks to reinvent rather than imitate the rest of nature and briefly consider how his vision of inclusive global stories offers a glimpse of a new politics.

Breaking the mold of servitude: subaltern agency and possibilities of freedom in Elias’ Khwabnama

ABSTRACT The critically acclaimed novel Khwabnama by Akhtaruzzaman Elias is set in the 1940s and offers a “magical realist” portrayal of the lives and struggles of ordinary individuals of a rural community, with the emergence of the state of Pakistan and peasant struggles of the time serving as the backdrops. Towards the end of the novel, we see Tamiz, a landless peasant, deciding to alter the course of his journey to most likely join the rebellious farmers in their struggle for a fair share of the crops. In this paper, I analyze the character of Tamiz and the meaning and significance of his decisions and actions in the contexts of the novel and Elias’ oeuvre in an effort to excavate his ideas about subaltern agency and freedom. Tamiz’s action, along with the dreams and the magical elements of the novel, gestures towards barely visible and unspecified visions of freedom, which may be irreducible to languages of national liberation or class struggle, yet express Elias’ affirmation of the indomitable spirit of the subaltern to reject and resist the mold of servitude in which they find themselves.

Pemenuhan Hak Anak Pasca Perceraian Perspektif Hukum Positif dan Teori Tujuan Hukum Gustav Radbruch

This research began with the problem of providing children with post-divorce rights which were not fulfilled by both parents. The aim of this research is to see the extent to which children's rights after divorce are implemented. This research is a type of qualitative field research. The approach used is normative juridical with a type of clinical research. The findings of this research show that explaining children's rights after divorce in Bekiring Village, Pulung District, Ponorogo Regency from a positive legal perspective, of the 6 (six) residents who were used as informants in the parenting aspect, two informants were in compliance while the other four were not. The aspect of paying for a living (father) has been fulfilled by the father with all his efforts, but one informant enjoys the living carried out by the mother. Aspects of caring for children who are not mumayyiz yet with their mother, one is suitable while the other five are in the care of the father. Furthermore, the implementation of positive law regarding the granting of children's rights after divorce in Bekiring Village, Pulung District, Ponorogo Regency, from the perspective of Gustav Radbruch's theory of legal objectives, in the aspect of legal justice regarding children who have the right to choose to live with their father/mother has not been implemented. In the aspect of legal benefits, some of it has been implemented, but regarding the care of children who are not yet mumayyiz, it has not been implemented well. While the aspect of legal certainty has not been implemented well, the value of certainty in obtaining support from the father has been implemented.

Pelaksanaan Hak Ex Officio Hakim Atas Nafkah Iddah, Mut’ah, Hadlonah dan Madhiyah dalam Perkara Cerai Gugat Ditinjau dari Perma Nomor 3 Tahun 2017

The ex officio right is the right possessed by the judge to decide more or other than what is submitted in the lawsuit, with the ex officio right, the judge can concretely impose decisions that prevent women from becoming victims of post-divorce economic violence while still being guided by the limitations set out in the applicable laws and regulations. economic rights of women after divorce such as iddah maintenance, mut'ah maintenance, hadlonah maintenance and madhiyah maintenance. This research uses empirical research with a legal sociology approach. The data sources obtained are secondary data sources and primary data sources. While the acquisition of data obtained from the contents of the decision, the results of interviews with Religious Court Judges who decided the case, as well as other supporting literature. And the research stage is carried out by conducting interviews with sources, compiling data from the results of interviews, and making research reports. The results of this discussion can be concluded as follows: The application of the ex officio rights of the panel of judges in case number 2675/Pdt.G/2023/PA.Kab.Kdr is in accordance with PERMA No. 3 of 2017. Although the Plaintiff has filed for the fulfillment of the rights of iddah, mut'ah, hadlanah, and madhiyah maintenance, but in the trial there were differences in the facts submitted by the Plaintiff and the Defendant so that in order to resolve the debate, the panel of judges used their ex officio rights to provide legal certainty and justice for the Parties

The British Courts and Compulsory ADR—How Did That Happen?

On 29 November 2023, the Court of Appeal held in James Churchill v Merthyr Tydfil County Borough Council, that the courts of England and Wales are entitled lawfully to order parties to engage in non-court-based dispute resolution processes. This important decision should not come as a surprise. This article will argue by reference to case law, judicial commentary and the Civil Procedure Rules (CPR) that this decision is the most recent expression of an impulse the courts have long maintained: that a case can be dealt with justly by moving (by various means) litigants away from the judgment seat to one of negotiated, consensual outcomes. The decision corrects an anomaly within the CPR that obliges parties to further the overriding objective by considering alternative dispute resolution but deprives the court of a particular remedy to enforce that obligation. This article will trace the roots of the Court of Appeal decision and identify to what extent it is the natural progression in judicial thinking, and it truly breaks new ground. Keywords: ADR; justice; civil justice; court reforms; overriding objective; Halsey; CPR; Churchill v Merthyr Tydfil; Article 6; arbitration agreements.

Maroon Anti-necropolitics

This article describes Maroon anti-necropolitics and its implications for multispecies justice to aid in creating a genuinely decolonial Caribbean ecological theory. Ndyuka Maroons, the descendants of one nation of self-liberated formerly enslaved Black Surinamese peoples, have created a cosmopolitical order based on the refusal of necropolitics (which is the assumption that politics must be predicated on the sovereign human appropriation of the right to kill or let die). In its place, Ndyukas practice an ethics of sociality premised on the shared collective vulnerability of present and future generations to the consequences of acts of killing. This Maroon anti-necropolitics has three primary principles: (1) death always relates specific deaths to future collective harm; (2) humans do not have a sovereign right to death over the lives of others; and (3) death does not rupture relations between the living and the dead, or the community and its enemies, but intensifies them by imposing ineradicable connections of tragic loss between perpetrators and victims. Ndyukas accordingly articulate a theory of relational justice that rejects human sovereignty while emphasizing human responsibility. This article illustrates how Maroons have imagined a world beyond necropolitics and why this helps confront the ways in which necropolitical assumptions inflect how multispecies justice is imagined.

Police Brutality and Endsars Protests in Akwa Ibom State, Nigeria

This study seeks to unravel the atrocities of the Nigeria Police Force on innocent Nigerians which led to a nationwide violent protest known as EndSARS. Survey research method was employed for this study and respondents were selected using multiple sampling techniques which include purposive, snowball and simple random sampling techniques. Primary data were collected through interview and participant observation, while secondary data were collected from extant literature. The study applied the Retributive Theory of Justice in order to explain the concept and empirical studies reviewed from other studies for conclusion and recommendations. The findings from the study showed that innocent Nigerians were killed and maimed by men of the Nigeria Police Force at any slightest provocation, without being punished by the law. The study recommends (amongst others) that the government should always ensure that erring police officers are punished to serve as a deterrent in order to reduce the menace of police brutality in Akwa Ibom State and Nigeria in general.

Medical Technologists: Are They Ready to Play Their Fair Share to Facilitate the Organ Donation and Transplantation Process in India?

Abstract Background: Organ shortage is a global health crisis. Health-care professionals are supposed to be frontrunners in the campaign for organ donation (OD) by being in a good position to liaise with patients and their families for obtaining consent for the OD process. We propose to highlight the current state of awareness, knowledge, attitudes, and practices (KAP) of Medical Technologists, a burgeoning relatively new branch of allied health professionals, in order to assess their readiness for facilitating OD/transplantation process in India. Objective: We aimed to study the current state of awareness, KAP of OD among Medical Technologists. Methods: A cross-sectional, survey-based study utilizing online Google forms for gathering medical technologist responses was conducted. Two surveys (Part A and Part B) were used to collect the requisite data. 146 and 114 participants responded to Part A and Part B, respectively, out of which 99 answered both surveys. Descriptive statistics using Excel and statistical analysis using SPSS version 22 were carried out. Results: Majority of participants were male (61%) within the 20–30 years’ age group, with 82.2% interacting with patients on a daily basis. The mean awareness, knowledge, death, legal, and attitude score were 4.89 ± 1.55 (54.3%), 3.925 ± 1.9514 (43.8%), 2.123 ± 1.328 (42.6%), 1.798 ± 1.00 (59.9%), and 6.11 ± 4.718 (87.3%) (mean ± standard deviation) (% of mean/total score), respectively. Among participants, 23.7% had already donated or signed donor cards, whereas 30.4% of those not yet donated are willing to donate when asked or sometime in the future. Majority of medical technologists showed positive attitudes leaning toward OD and supported further education and awareness. There was no significant difference in scores between donated versus not-donated groups (P > 0.05); however, attitudes scores were significantly higher for the willingness to donate group among current nondonors (P = 0.002). The death score was higher in the postgraduate group (P = 0.045) and knowledge (P = 0.016) and death scores (P = 0.032) were significantly correlated with educational qualification. Furthermore, medical technologists working in different specializations (i.e. areas of work) possessed significant difference in scores (knowledge (P = 0.003), death scores (P = 0.008), legal (P = 0.028), and attitude (P = 0.01) scores) while specifically legal score was significantly different between genders (P = 0.013). Interestingly, the legal score was associated with and moderately correlated with attitude score (P = 0.437). Knowledge score was associated with daily interaction (P = 0.034), death score was associated with area of work (P = 0.021); and legal score was associated with gender (P = 0.003) and area of work (P = 0.043). Conclusion: Since the medical technologist cadre in India can serve as an important bridge between patients and health-care organizations supporting OD; upgrading their knowledge, converting their attitudes into pro-OD practices, and honing their skills through training interventions to facilitate OD definitely needs to be invested in. Such investments in training interventions/courses implemented now can pay rich dividends in the years to come.

Why do People Cooperate with the Police and Criminal Courts? A Test of Procedural Justice Theory in 30 Countries

Why do People Cooperate with the Police and Criminal Courts? A Test of Procedural Justice Theory in 30 Countries

The Effect of Horizontal Pay Transparency on Employee Motivation When Pay Dispersion Is Performance Based and Non-Performance Based

ABSTRACT The movement toward pay transparency within firms has intensified. We investigate the effect of horizontal pay transparency on employee motivation in a broader information environment where (1) performance-based and non-performance-based pay dispersion coexist and (2) relative performance information allows employees to alleviate pay dispersion ambiguity in order to assess the basis of any pay dispersion that pay transparency reveals. Drawing on distributive justice theory, we predict and find that pay transparency differentially affects employees’ motivation based on what it reveals about their relative standing while working under the same performance incentives. Specifically, it depends on whether they are underpaid, overpaid, or their relative pay aligns with their relative performance. Our analysis provides additional insights related to these three scenarios, and in doing so, our study highlights the importance of considering employees’ broader information environment when considering the potential benefits and costs associated with pay transparency. Data Availability: Data are available from the authors upon request.

Enacting Reproductive Justice

Abstract: How may reproductive justice be enacted in services and provider training to further the sustainable development goals of healthy lives and universal access to sexual and reproductive health and rights? We argue for careful baseline qualitative research infused with feminist and reproductive justice theory and, based on the findings of this research, the development and refinement of healthcare provider training through action research. We report on our implementation of this process in developing an in-service person-centered abortion counseling training course aimed at South African abortion healthcare providers. The baseline research consisted of recordings of abortion counseling sessions and interviews with healthcare providers and users. Several problematic directive and anti-abortion interactions were surfaced, which led to the development of a policy brief and step-by-step guidelines for providers. Subsequently, action research was employed to operationalize these guidelines into an in-service person-centered abortion counseling training course, and an iterative process enabled course improvement. Data collected for the course refinement included recordings of various sessions during the course, participants’ reflective journals, case presentations, and feedback forms, as well as interviews conducted two months post the first course. Comparing baseline findings with data collected as part of the action research shows some shifts in healthcare providers’ actions. We report on a shift in respecting bodily autonomy and encouraging autonomous decision-making. Structural and normative barriers continue, however. The enactment of reproductive justice through in-service training shows promise but must be supplemented with advocacy around other barriers.