Matter Of Justice Research Articles

전통적 정의론에 따른 범죄피해자 개념의 고찰

The laws and systems that have not grasped the essence of the purpose of recovering the damage of “crime victims” without accurately organizing the concept of crime victims are very dangerous. Fundamentally, the concept of crime victims is relative. It is also the reason for the relativity of the concept that a crime victim can be defined only when it is determined who is a criminal and what is a crime. However, the reason why it is difficult to define the concept of crime victims is that the concept is inevitably different depending on which theory of justice is selected.
 Traditional justice theories do not define the social role of crime victims or even their definitions. Furthermore, traditional justice does not see criminals as social evils or objects that should be permanently separated from society, but also criminals as members of society who pursue individual freedom and interests as rational human beings with free will.
 In the theory of retribution justice, the existence of crime victims seems to be only a means of determining the amount of punishment in the active aspect of requesting that the degree of disadvantage deserved be proportional to criminal damage. However, in the negative aspect, retaliation is a disadvantage that only justifies the existence of punishment and is not related to the amount of punishment, so crime victims are not considered.
 Utilitarianism can be said to be the sum of human responses to the distribution result, not the distribution method of goods. Maximizing the subjective value of utility, in terms of goods, the distribution of goods and the objective sum of goods are always constant. Therefore, it is not possible to confirm how crime victims are defined and what values and respect should be received within society. In Hegel's theory of absolute punishment, there is no room for a crime victim to intervene in the national punishment right, and his absence becomes clear. The state should never reflect the victim’s subjective sense of damage in punishment. If a criminal is approved as a right holder to be punished by his/her criminal act itself as an existence of immediate will, there will be no room for the criminal victim to exist in the action of the right to punish.
 Furthermore, it was confirmed that the distribution of fair resources is emphasized as a matter of welfare, resources, and opportunities if it is approached in terms of means of equal distribution for the purpose of guaranteeing more equal freedom.
 As such, traditional criminal theories approach how to punish criminals from the perspective of justice, so they do not consider the concept of crime victims at all, or the treatment of crime victims is not a matter of justice. However, it can be seen that the principle of proportionality presented as a means of pursuing justice in most justice theories cannot be fully explained by excluding crime victims.

The global relevance of Tagore’s cosmopolitan educational philosophy for social justice in a post-Westphalian world

ABSTRACT This article suggests that Tagore’s conception of cosmopolitan education can provide the basis for advancing matters of global social justice, when considering the problem posed by Nancy Fraser in her essay ‘Reframing Justice in a Globalizing World’: ‘How can we integrate struggles against maldistribution, misrecognition and misrepresentation within a post-Westphalian frame?’. To this end, the article briefly reflects on the perspective of cosmopolitanism, setting the scene for an exploration of Tagore’s distinctive cosmopolitan educational philosophy. The article develops the argument that framing pedagogy centred on Tagore’s principles of cosmopolitan education to produce cosmopolitan-minded citizens can help bring about social, political, and economic change at local, national, and international level, in order to integrate the three-dimensional struggle for social justice outlined by Fraser. The article concludes by suggesting what can be done at the institutional and curriculum levels to help foster the cosmopolitan attitude.

Varying Evidential Standards as a Matter of Justice

Varying Evidential Standards as a Matter of Justice

Introduction to Symposium on Asha Bhandary's Freedom to Care

AbstractIn this introduction, I offer a broad overview of Asha Bhandary's Freedom to Care: Liberalism, Dependency Care, and Culture so that readers can better situate the suggestions of this symposium's contributors: Clark Wolf, Elizabeth Edenberg, and Helga Varden. Bhandary develops and defends the theory of liberal dependency care in response to the failure of past liberal theorizing to appreciate that dependency care — which is essential to our survival — is a matter of justice. By concluding with a Hamptonian framing, I hope to further generate discussion of this novel work that broadens the influence of contemporary feminist liberal theorizing.

Justice Accessibility in perspective of Juristic Rational Science with Specific Dimension of Medical and Forensic Science

To get the Justice accessibility, the Medical and Forensic Science are found to function as one of roots of the Juristic Rational Science as the supplement specifically to ensure justice in matters of offences as murder, culpable homicide and others to obtain the evidence for reliance and proven or disproven the guilt or innocence of the person. In the offences of the life and personal liberty of humans, satisfactory justice accessibility is not found possible only in Juristic Rational Science without the support of Medical and Forensic Science, this research has inclusions of Justice Accessibility in Juristic Rational Science as to the offences against the human body which are the direct integral part of the life (soul) and personal liberty (whatever is needed for the human body to alive basically and advanced) of human with the coordination of Medical and Forensic Science including Medical Jurisprudence simultaneously.

What matter matters as a matter of justice?

ABSTRACT With planet-wide environmental unravelling ideas of multispecies and planetary justice are gaining multidisciplinary attention. They frame a set of ethical, moral and political obligations to life-on-Earth. While it is clear it is humans who bear the duties and obligations of justice, who or what is the subject of justice-beyond-human varies widely: Some limit the subject to sentient animals, others include all living things. We argue for a more expansive subject that includes both living and non-living matter. We claim that privileging living/life is an anthropocentric categorisation embedded in the foundational epistemologies and ontologies driving environmental damages, resource conflicts and mass extinction. An exclusion of matter from concerns of justice ignores multiple fundamental more-than-human relationships in humans’ every-day material lives. We argue that the subject of planetary justice must be expansive – addressing sentient or not, living or not, animal, vegetable, mineral, and elemental – to be inclusive, applied, plural, and sustainable.

REVISING FAIRY TALES FOR CHILDREN: PATRICK NESS’S A MONSTER CALLS AND TERRY PRATCHETT’S THE WEE FREE MEN

Manlove, and Andrew O’Malley, the first part of the paper historicizes the relatively recent cultural connection of children and fairy tales, specifically, the mobilization of fairy tales as vehicles for the lessons directed at the young. Against this background, in the second part of the paper, two contemporary children’s fantasy novels, Terry Pratchett’s The Wee Free Men (2003) and Patrick Ness’s A Monster Calls (2011), are examined. The discussion of the two novels focuses on their critical attitudes towards classic fairy tales and the lessons aimed at children, which range from the promotion of unquestioning obedience and patriarchal gender stereotypes, to the normalization of social stratification and the assumption of a happy end. Pratchett and Ness, however, do not merely expose the problematic instructions of classic fairy tales; as twenty-first century fantasy and children’s books authors, they also write new ones. A Monster Calls and The Wee Free Men thus both subvert and appropriate the didactic aspects of the genre, in order to educate their (young) readers on the crucial matters of life, death, grief, justice, and duty.

It's a Matter of Justice! The Old Testament and the Idea of Retribution

This essay aims to do justice to an often misunderstood aspect of the concept of biblical - in this case, Old Testament - justice, namely the doctrine of retribution. Following on some introductory matters regarding the terminology, the various facets of the Old Testament idea of retribution will be presented: individual retribution, collective and corporative retribution, and transgenerational retribution. Moreover, God's role within the Old Testament 'doctrine of retribution' will be dealt with. Finally, it will be shown that, in some instances, Old Testament authors also have highlighted some risky sides of this 'doctrine of retribution'.

Medical Pluralism as a Matter of Justice.

Culture, health, and medicine intersect in various ways-and not always without friction. This paper examines how liberal multicultural states ought to interact with diverse communities which hold different health-related or medical beliefs and practices. The debate is fierce within the fields of medicine and bioethics as to how traditional medicines ought to be regarded. What this debate often misses is the relationship that medical traditions have with cultural identity and the value that these traditions can have beyond the confines of the clinical setting. This paper will attempt to bring some clarity to the discussion. In so doing, it will delve into some controversial areas: (1) the debate around whether liberal states ought to embrace multiculturalism, (2) the existence and nature of group-differentiated rights, (3) the question of whether healthcare systems ought to embrace medical pluralism, and (4) what this would entail for policymakers, clinicians, and patients. Ultimately, I argue that liberal democratic states with multicultural populations ought to recognize medical pluralism as a matter of respecting group-differentiated and individual human rights.

Universal health coverage is a matter of equity, rights, and justice

Universal health coverage is a matter of equity, rights, and justice

The rights of nature and the human right to nature: an overview of the European legal system and challenges for the ecological transition

Introduction: The recognition of the Rights of Nature has been established though several constitutional, legislative, and judicial enactments, which aim to provide legal protection for non-humans’ entities and natural systems. Although some countries have made progress in recognizing the rights of nature, the prevailing assumption remains that nature is a resource to be exploited for human benefit. In the context of ecological transition debates, it is important to understand how the European legal system perceives Nature and its rights. Achieving a significant shift in legal and cultural norms that prioritize nature’s protection may be challenging.Methods: This paper reports on research conducted in a sample of 6 countries within the PHOENIX consortium, a European H2020 project that aims to develop participatory methodologies and democratic innovations to facilitate the ecological transition as envisioned by the European Green Deal, whose objective was to find out how these countries embodied the Rights of nature into their legal systems, both at constitutional level and at the level of environmental and related laws and policies.Results: The results indicate that in legislative terms, concepts of nature are absent, and instead, the term environment or natural resources are used. Furthermore, rights of nature are rarely recognized in all countries, with anthropocentric and in instrumental views prevailing. In contrast, the human right to Nature is widely recognized in all countries, referring to the right of all individuals to access to and live in a healthy environment.Discussion: Despite the importance of the human right to Nature as a matter of equity and justice, failure to recognise the rights of nature and protect/respect its limits may constitute a potential barrier to ecological transition.

IL GRUPPO EQUESTRE DI OLDRADO DA TRESSENO NEL BROLETTO DI MILANO

equestrian statue depicting Oldrado da Tresseno (1233), ostentatiously placed in a niche in the centre of the southern façade of the 13th-century Palazzo della Ragione in the Broletto in Milan, represents one of the first large equestrian monuments of the mediaeval age and an early inspiration to those of Antiquity. Described and commented on, as early as the 14th century (Galvano Fiamma), as a self-celebratory portrait by a podestà, the relief, as widely acknowledged by critics, especially in the 20th century, undoubtedly presents stylistic features ascribable to the Antelami workshop and indeed at times attributed directly to Benedetto Antelami. This study proposes, also following other interventions by the author, the attribution to a sculptor who worked with Antelami in Parma, and who executed some works at the Cathedral of Reggio Emilia, the Cathedral of Fidenza and the Church of St. Andrew in Vercelli. Having confirmed the stylistic characteristics of the staute and briefly examined the historical figure of Oldrado, this essay intends to indicate, also in the light of the inscription engraved under the aedicule that hosts it, how the real reasons for the creation of this sculptural monument do not lie in the desire for self-assertion of the person depicted, but in the symbolic representation of the role and functions of the foreign official whose task it is to govern the city annually, and in particular the administration of justice. In this, the monument constitutes the figurative counterpart of the theoretical reflection that constituted the subject matter of a wide range of treatises produced around the first half of the 13th century on the subject of city government. The theory of the transposition of imperial prerogatives into the figure of the podestà, especially in matters of justice, finds its place in this doctrinaire strand. Hence the reference to the monarchical institution that must find expression in the conduct of the actions and lifestyle of the podestà and even in the municipal palace, likened to a palace, in the same terms used in the inscription under the statue of Oldrado to describe the Town Hall. The doctrinal literature, as well as part of the inscription itself, also refer to legal terms derived from Roman sources of law. All this clarifies the significance of the presence in the aedicule of the large painted eagle above the equestrian statue, symbolising superior imperial power. This element too, in addition to those mentioned, thus contributes to the recognition of the references to equestrian statuary of Antiquity (the Marcus Aurelius in Rome and the 'Regisole' in Pavia) from which Oldrado’s monument is partly inspired. Finally, the analysis was extended to the numerous traces of polychromy that have been brought to light by the recent restorations to the entire complex, and which make it possible to reconstruct the probable original layout of the sculpted relief, in which the sumptuous robes of the podestà, not of a military nature, reinforce the reference to royalty. Finally, close examination of the sculpture has allowed us to confirm that the podestà originally held an object in his right hand, probably a sword, as a symbol of Justice.

Jurastuderende bag tremmer

AbstractSince 2016, Søbysøgård Prison and the Department of Law at the University of Southern Denmark (SDU) have partnered to offer the course »Crime, Punishment, and Crime Preventive Strategies.« The course is inspired by the Inside-Out Prison Exchange Program, which was established in the USA in 1997 and has spread to several countriessince then. The teaching is conducted at Søbysøgård Prison’s closed wing with the participation of 12 law students from SDU (outside students) and 12 incarcerated men at Søbysøgård Prison (inside students).In 2022, a total of 150 students had completed the course. The article describes students’ experiences with the coursebased on an analysis of student motivation applications, evaluations of the course, and teacher reflections. The research finds that the course extends students’ knowledge of criminal justice matters. In addition, the program appears to support critical thinking among students and transform problematic frames of references, whichresults in transformative learning. The article also reflects on the programme’s potential risks and benefits.

Palestine: matters of truth and justice By Azmi Bishara

<i>Palestine: matters of truth and justice</i> By Azmi Bishara

Our Church on the edge of the future: What I’m saving from the past, what I’m asking of the future

Canon Stephanie Speller’s book The Church Cracked Open is approached in this review from two unique perspectives: from the perspective of a bishop, who is part of the current institution of The Episcopal Church, and from the perspective of a critic and historian of the Church, an academic who grew up in the segregated American South. From these perspectives, the book is said to shed much-needed light on the complicity of the Episcopal Church in matters of racial justice or lack of justice. The review regrets that the book makes no connection between the Eucharist in the Episcopal Church and social justice. The review maintains that the Eucharist is the Church’s powerful instrument to challenge rising Christian nationalism.

Byzantine Intersectionality: Sexuality, Gender, and Race in the Middle Ages by Roland Betancourt (review)

Reviewed by: Byzantine Intersectionality: Sexuality, Gender, and Race in the Middle Ages by Roland Betancourt Luis Josué Salés Roland Betancourt Byzantine Intersectionality: Sexuality, Gender, and Race in the Middle Ages Princeton, NJ: Princeton University Press, 2020 Pp. 288. $39.95. Byzantine Intersectionality is driven by the author's commitment that "as historians we can use the privilege of recorded historical figures to excavate interstitial subjectivities that were denied to those less privileged" (207). Betancourt succeeds in laying the groundwork of this endeavor, producing a methodologically complex and analytically nuanced study of Roman intersectional identities that adroitly draws on material culture, sacred art, and textual corpora that few scholars can navigate with such sophistication and dexterity. On purely academic merits, Byzantine Intersectionality is a great service to scholars sympathetic to matters of social justice in relation to the excavation of the past, but who are unfamiliar with intersectional historiography. What distinguishes this book further, however, is a leveraged intervention by speaking in the interstices of its findings to contemporary power dynamics in a manner vaguely reminiscent of Benjamin Dunning's Specters of Paul (Philadelphia: University of Pennsylvania Press, 2011). Betancourt's book takes calculated shots at an internationally growing movement among white patriarchal supremacists to appropriate the medieval Roman empire as a symbolic imaginary of a past that, the book incontrovertibly shows, never in fact existed. Indeed, critics have questioned how truly "intersectional" this book is (seemingly with little awareness of how the application of the term has developed since Kimberlé Crenshaw coined it), while failing to notice that Betancourt demands of his readers the critical self-reflection that their own intersecting positionalities are never neutral or innocent, even in relation to this content. From this perspective, Byzantine Intersectionality doubles as a handbook for those inclined to contest imaginary lines of continuity between the Romans and those who want to appropriate them for a patriarchal white supremacist dystopia. These ethical motivations are apparent from Chapter One, "The Virgin's Consent," which examines changing Roman attitudes to sexual consent surrounding Mary's response to Gabriel's annunciation. Purely as a history of culture, the chapter is riveting in its exegesis of consent as a legal, moral, and religious category before and after Iconoclasm. Betancourt highlights differing attitudes [End Page 253] to consent, from Germanos of Constantinople's appalling suggestion that Mary would be impregnated whether willing or not (26–27), to Photios of Constantinople's belief that Mary's consenting words "enacted the Incarnation" (35), to Nikolaos Kabasilas, whose words on the matter Betancourt equates with "a modern defense of sexual and reproductive consent" (39). Indeed, the Romans were concerned about involuntary marriage and marital rape (30–31), instances where consent was "fundamentally impossible" (29), and how terminological slippage surrounding fornication, rape, and adultery had to be clarified during the Isaurian dynasty (28). So, while consent was contested in early Roman culture, in the latter centuries opinion congealed around the belief that because "humanity is remade through consent," therefore "consent is fundamental to the nature of humanity itself" (57). This discussion is closely linked to Chapter Two, "Slut-Shaming an Empress," which focuses on Prokopios's invective against Theodora in the Secret History. This chapter compellingly excavates the subjectivities it set out to find by demonstrating how technologies of reproductive self-determination were accessible in proportion to class. Contrary to public opinion, in cities like Constantinople, "we find . . . a grasp, understanding, and promotion of what we might call a woman's right to choose in reproductive and sexual matters" (78). Certainly, ecclesial and civil Roman law unambiguously condemned reproductive technologies in principle, but that hardly means they did not flourish, even under Christian physicians, such as Aetios of Amida (sixth century) and Paulos of Aigina (seventh century). Thus, Betancourt undercuts contemporary beliefs that premodern Christians categorically and unambiguously opposed reproductive self-determination. Chapter Four, "Queer Sensations," primarily develops from an art history perspective the groundwork laid by Derek Krueger and others in reference to same-gender intimacies, particularly in monastic texts. Even as a non-specialist in art history, I found the chapter compelling and accessible, but I leave further review of it to others better suited to assess it. Conversely...

Creating an environment for people to explore their potential

Work to create greater equity, diversity and inclusion has been taking place for decades STEM is a creative activity and needs equity, diversity and inclusion to flourish Many of the initiatives in the area come from the grassroots The world of STEM reflects the imbalances of wider society EDI is a matter of social justice.

THE CONFESSION IN MICHEL FOUCAULT:

A privileged element of contemporary law, confession as a means of proof in criminal proceedings is the object of analysis in this research. Based on a bibliographic review, the study will seek to decompose and reorganize the object on two fronts, constructing a theoretical hypothesis that proposes to observe confession as an inquisitorial practice of an institution, but which also has a traceable genealogical depth in the modulations of subjectivation techniques. The notion of the care of the self that Michel Foucault referred to unfolds in Christian ethics and asceticism, reorganizing the sense of care of the self and slowly, as Christian philosophy developed and the influence of the Catholic Church in the state grew, make the act of confession loaded with an institutional-subjective double, elements that allow Zaffaroni to observe the apparent neutrality of contemporary justice as a facade for an authoritarian state and adept at inquisitorial practices, especially in matters of criminal justice.

Reactions

FORENSIC SCIENCE Reactions ShareShare onFacebookTwitterWechatLinked InRedditEmail C&EN, 2023, 101 (16), p 3May 22, 2023Cite this:C&EN 101, 16, 3Letters to the editorPortable spectrometers’ implications for court casesAs a defense lawyer in Toronto, I read with interest “Portable Spectrometers Give On-Site Testing a Boost,” by Carolyn Wilke (C&EN, April 17/24, 2023, page 28). These new, often handheld, devices may well be better than the more traditional color tests or wet-chemistry kits. But the article doesn’t go into detail about the important distinction between these valuable law enforcement investigative tools and eventual proof in court to convince a judge for the criminal law requirement of beyond a reasonable doubt.And it would appear that neither these new devices nor the color tests measure quantity, which may be important for eventual court determination of guilt and sentencing.In Canadian law, there is another, more problematic concern, for which these new devices would not help. It is apparent government policy and practice to not reveal the science behind drug determinations. There is no proper scientific report. For years, qualitative disclosure has effectively been prevented with Controlled Drugs and Substances Act s. 51. More recently, disclosure of the science behind quantitative measurements has simply been declined by Crown counsel.This is a matter of both science policy and justice:▸ Unexplained science is bad science—for that reason alone.▸ Nondisclosure by the Canadian federal government strikes at the heart of the concepts of justice. This is perhaps especially important for police stings wherein the target may be an individual with addiction or other disadvantages trading in small quantities of drug—in serious jeopardy for significant jail time.Perhaps of greatest concern is that hardly any of the personnel of the Canadian legal system would seem to be concerned with these problems of science policy and justice. Or concerned that the Controlled Drugs and Substances Act s. 51 remains as law. And perhaps the coming availability of the new devices would falsely allay that there are serious problems of scientific and legal principle.Michael GrossmanTorontoIndustry membershipWhen I read in your editorial in the April 10 issue about the decline in American Chemical Society industry memberships (page 2), a possible explanation was given in the same place. “As a businessperson, Rothrock doesn’t get as much out of ACS meetings as she once did.”I work in industrial R&D and attended the ACS Spring meeting in Indianapolis. It is very obvious that these meetings are heavily focused on academics. Companies send representatives to many other more industry-focused conferences and trade shows and don’t see the value of an academia-heavy additional conference. But in industrial conferences, companies don’t share details of the chemistry they are doing with others—obviously. And this is exactly the advantage of ACS meetings: most chemistry is openly shared and discussed. I saw this as a great opportunity to get ideas and inspiration for my work projects in industry, even though we are actually working on entirely different things than what was shown at the ACS meeting. However, you know what you work on and check out related chemistry shown in talks and posters. Students and professors happily discuss their work with you. And the combined costs of ACS membership and conference registration are far less than the fees typically paid at many industrial conferences.It may depend on what you do in industry. But companies should realize that attending ACS meetings and being a member can add a lot of value to them as well.Martin GloddePine Brook, New JerseySlogan for ACSAfter reading Donna Peterson’s letter in the May 1 issue of C&EN (page 3), I propose that all readers of this quality publication help further craft an American Chemical Society slogan that might catch public attention. My suggestions would be “Chemistry for better living on a better planet!” or “Better living on a better planet through chemistry!”Thomas Andrew RungeRichland, Michigan CorrectionsMay 1, 2023, page 8: The news story about a partnership between Gevo and LG Chem to develop technology for biobased propylene misstates the product LG Chem plans to make. LG wants to use biobased propylene to make chemicals, not sustainable aviation fuel and renewable diesel.May 8, 2023, page 3: The news article on GSK’s respiratory syncytial virus vaccine gives an incorrect title for Andrew McConaghie. He is a senior writer, not analyst, at Citeline.

Edward W. Soja's Radical Spatial Perspective

Edward W. Soja saw early in his career that “it is now space more than time, geography more than history, that hides consequences from us.” His life-long scholarly project centered around this contention, inspiring his advocacy of a socio-spatial dialectic, his contribution to the so-called “spatial turn,” and his fervent belief that all matters of justice are matters of geography, necessitating the “reassertion of space in critical social theory.” In his decidedly interdisciplinary and agenda-setting work, he became associated with several schools of thought, from Marxism and cultural studies, to postmodernism and critical theory. But his defining feature remained his radical approach to the study of cities and regions vis-à-vis an investigation of Los Angeles informed by the work of Henri Lefebvre. In doing his decades of investigation of urbanization, restructuring, and political struggle writ large, he developed a lexicon that helped identify, problematize, and speak to an array of otherwise aspatial ontological, epistemological, and phenomenological scholarly positions, always placing space at the center. This paper discusses Soja's personal and intellectual advocacy of a radical spatial perspective, arguing that his neat categorization as a “postmodern geographer” is one that is both real and imagined—as limiting as it is liberating.