Notion Of Justice Research Articles

Capital Punishment in Ethical Scrutiny: The Validity of Judicial Execution

This analysis sequentially addresses the various aspects of capital punishment, beginning with the notion of justice, moving to the relationships between modes of justice and criminal punishment, and then discussing the precedent for the death penalty and its global relevance. This analysis utilizes a conceptual analysis approach that interacts with the various factors relating to capital punishment through ethical analysis, ultimately weighing everything in terms of morality while mentioning implementational considerations, which can include economic and pragmatic elements. Ultimately, concluding thoughts regarding the most proper perspective on judicial execution after ethical analysis are delivered in the final section, Section 4, of this analysis. Final conclusions on the object of this analysis reveal that capital punishment often perpetuates existing cycles of violence and fail to properly heal the deeply rooted causes behind criminal actions. Although capital punishment has deep historical precedence in the criminal justice systems of the international community, the findings of this analysis point to the fact that alternatives, which align more with restorative justice practices, are worthwhile and could lead to more ethical and effective outcomes in the pursuit for a better society.

Moving toward a decolonial and intersectional notion of justice for socio-ecological problems: the urban agroecology of the Buckets Revolution

ABSTRACT This article analyses the Buckets Revolution, an urban agroecological movement in a Brazilian favela that emerged to address waste management issues. We aim to explore the movement’s achievements in promoting socio—cological justice in a vulnerable community of the Global South through agroecology, investigating: i) what socio-ecological problems and intersected demands for justice boosted the emergence of the Buckets Revolution? and ii) what demands for justice the BR has been dealing with to overcome the socio-ecological injustices borne by the Chico Mendes community? We apply the socio-ecological justice model as our theoretical framework, with a decolonial and feminist intersectional approach to embrace the complexity of the case study. The research methods focus on embracing the local reality and the community views, encompassing bibliographical research, a focus group, and semi-structured interviews. The findings reveal that this agroecological movement has effectively addressed organic waste management, food insecurity, and other socio-ecological issues, contributing to socio-ecological justice in the Chico Mendes community. The study emphasizes the importance of considering the a) interconnections of social and ecological problems, b) intersected dimensions of justice, and c) needs and views of the community when developing environmental urban policies to achieve social justice and ecological sustainability.

Concepts of justice beyond suum cuique

The concept of justice is fundamental in many spheres of human life and in academic disciplines such as law, philosophy, and theology. This article surveys a range of concepts of justice from these disciplines, threading a path from the idea of justice as fairness or proportionality in the works of Hart, Kelsen, and Rawls, to the notion of justice applied in a legal system (juridical justice) as understood by Gunther Teubner, then to concepts of justice beyond equivalence in the work of Ágnes Heller, either seeing justice as a step toward the good or understanding justice as righteousness. The article ends up discussing the idea of love as justice with the help of Paul Tillich. This paves the way for the possibility of critiquing worldly law and juridical justice from the perspective of an ontological concept of justice. The aim of the article is to put the understanding of justice which dominates the conceptual apparatus of the legal discipline in a new and critical light.

Time, transition, and planetary decolonial justice as invention

ABSTRACT Contestations over temporal categories are marginalized in transition debates. This article reorients such debates by exploring the structural relationship between time and just transition or planetary justice. I demonstrate how transition, defined as governments and inter-state institutions’ efforts to shift to a lower carbon future, is inscribed with categories of time and certain notions of justice. I argue the recent acknowledgement of the link of colonization with climate change by the Intergovernmental Panel on Climate Change does not necessarily disrupt the deployment of a linear and recursive (universal) notion of capital time nor does it challenge the co-constitution of racialized accumulation institutions and governance power technologies, with dire effects on a ‘just transition.’ I then draw on Frantz Fanon’s idea of invention as an event without sense or content, a decolonial violence whose subject plunges into an abyss and whose ‘measure’ or possibility is always unprecedented.

Proust before Fascism

Abstract This article analyzes readings of Proust from the 1930s to the 1950s, a period when his work was supposedly forgotten. The first section examines passages by Céline, Kurt Wais, and Curzio Malaparte, for whom Proust’s fiction was symptomatic of the dissipation of the dominant classes. The second part of the essay turns to Benjamin, Bataille, and Blanchot, for whom his novel altered conventional notions of justice, desire, figural language, and the structure of time through the experience of writing. Across the political spectrum, readings of Proust pit the rhetoric of decadence against experience and experiment. The essay concludes that although the Recherche records political, social, and historical events—from the Dreyfus affair and a morphing class structure to the onset of the war—none of these readers saw it as an announcement of disasters to come.

Embedding justice into climate policy and practice relevant to tourism

Climate change in tourism discussions rarely address justice concerns. This work critically examines the intricate relationship between climate change, climate justice, and tourism, emphasising the urgent need for a holistic approach to address the interconnected challenges of tourism-related sustainable development. The paper builds on a climate justice framework encompassing recognition, procedural, distributive, and restorative justice to systematically connect justice dimensions to the climate change-tourism nexus. A shift towards a performative justice framework includes all notions of justice and underscores the significance of examining the various justice challenges when embedding justice into climate policymaking. Enhancing visibility of climate justice should foster collaboration among researchers, policymakers, and advocates for climate justice. Ultimately, this article advocates for the development of just climate policies and practices, and an inclusive socio-economic transition at the local, global, and intergenerational levels.

Law and Literature: To Kill a Mockingbird as a Legal Thriller

This study carefully analyses J. D. Salinger’s 1951 novel The Catcher in the Rye to investigate the historical and close ties between law and literature. Law and literature both have an impact on societal norms, moral values, and notions of justice. Reading literature promotes critical thinking and empathy and challenges social norms. It serves as a mirror for examining legal ideas and moral quandaries. Literature may explore a wealth of topics related to the nature of laws and how they take preceding decisions into account. This link between law and literature is validated by Harper Lee’s To Kill a Mockingbird. Because of its legal aspects, it becomes an engaging addition to the legal thriller genre. The book is praised for its literary quality, but many find it fascinating as a legal thriller story as well. Due to its in-depth analysis of the legal system and its philosophical take on morality, bias, and justice, it has enthralled readers. Harper Lee’s masterwork goes beyond simple narrative to provide insightful analysis of the intricacies of the contemporary legal system. This research looks at how jurisdictive arrangements are rendered, examining the drama in the courtroom and the struggles of the actors against social injustices. It also demonstrates how the book enthralls readers as a gripping murder mystery in addition to being a literary masterpiece. Atticus’s defence of Tom presents a challenge to the careful scrutiny of the judicial proceedings surrounding Tom Robinson’s trial and the broader societal background of racial tensions in 1930s Alabama. In the book, Atticus stands in contrast to the darkness of prejudice and perverse social ideals as a moral beacon.

Reconceptualizing Justice in Human Geography: Landscape as Basic Structure, Justice as the Right to Justification

This article argues that geographers should rededicate themselves to developing a positive theory of justice. In the past fifty years, research has made enormous strides in theorizing injustice, but mostly geographers rely on commonsense and unexamined notions of justice as “fairness.” In this article, I trace this avoidance of justice theorizing to the way geographers originally engaged with Rawls’s foundation work and argue that his A Theory of Justice should be reexamined to better understand one of the central concepts: the “basic structure,” especially as it has been reformulated by feminist political theorists. I argue that the landscape is a key component of the basic structure and understanding it as such offers a first step in a positive theory of justice that is deeper than the commonsense justice-as-fairness. Having established landscape as basic structure, I then argue that a second step toward a full theory of justice would be to understand justice as the “right to justification” (as theorized by the Frankfurt School’s Forst). The end result—combining landscape as basic structure with justice as the right to justification—is a theory that allows for assessing both “minimally” and “maximally” just geographies.

Making and Using Futures: Using Anticipation to Reframe Justice and Responsibility to Govern Societal Transformations

This paper explores the concept of anticipation in the context of governing societal transformations toward sustainability in the Anthropocene. It distinguishes two interrelated processes of anticipation for the governance of just sustainable transformations: using futures and making futures, arguing that these processes of anticipation can help reframe notions of justice and responsibility. With this reframing, it is proposed that justice and responsibility should be shared and distributed among different actors, based on certain principles that take into account the complexity, uncertainty, and ambiguity of the future in the context of the Anthropocene.

Az igazságosság mint indok a Kúria 21. századi magánjogi gyakorlatában

After a brief overview of the ancient and medieval history of the notion of justice in philosophy, and some anthropological remarks, the paper examines the precedent decisions of the supreme judicial forum of Hungary (Kúria) delivered over the past 10 years in the field of private law with respect to whether the legal reasoning of the judgments contain a manifest reference to the notions of “just” or “justice”. As a result of this research, we find that the judgments, without any further reference, and apart from the modern notions of substantive and procedural justice, are based mainly on the concepts of corrective (rectificatory) justice and on that of distributive justice as well, as if by instinct following the teachings of Aristotle and Thomas Aquinas.

Perspektywa mitoznawcza w naukach historyczno-prawnych

The notion of myth is used in legal science very rarely. When it appears, it usually happens in simplified, popular science publications. Basic, “classical” traces of such kind constitute rather linguistic ornaments than scientific explanations. However, in legal science we relatively often deal with statements or phenomena that do not have simple physical or material equivalents. This opens up a mythological perspective, an introduction to the world of duty, obligation, promise. The paper aims at presenting and defining myth in a way that allows one to use it in legal history without diverting its traditional meaning established in religious studies and social anthropology. The author believes that the myth is an inseparable part of the definition of law, certain views of natural law and notions of justice and human rights.

Demanding Justicia: the justice orientations of Oaxaca’s Sección 22 teachers

ABSTRACT The ‘demand for justice’ is a long-standing principle of Oaxaca’s Sección 22 union chapter, which has led a teachers’ movement since the 1970s that has evolved to meet changing social, political, and economic circumstances. Various researchers around the globe have increasingly linked notions of justice with education, exploring terms like social justice education, justice-oriented teaching, justice-oriented education, and teaching for social justice in a range of contexts, mapping the ways educators integrate these concepts into classrooms and schools. Missing from this research, however, is an examination of the ways teachers might practice ‘justice-oriented teaching’ outside the classroom as well, as they participate in movements and struggles. Drawing on ethnographic data collected over a five-year period, and on interviews with 40 teachers, teacher educators, union officials, and student teachers, I will map out four ‘justice orientations’ via which Oaxacan teachers demand justice. Sección 22 educators perform justice-oriented teaching along economic, political, cultural, and humanistic orientations, manifesting a widely held belief in Oaxaca that ‘the teacher fighting, is also teaching’. This study can inform research about teachers globally enacting justice-oriented pedagogies and practices, not only in the classroom, but also in the public domain as activists, movement actors, and union members.

An Islamic “Theory of Justice” commentary on consumer well-being

PurposeIn this paper, the philosophy of John Rawls, known as “Justice as Fairness,” is discussed. This philosophy examines the responsibilities social actors hold toward their societal organizations. From an Islamic perspective, justice is pivotal in safeguarding collective interests, aligning with Rawls' conviction that just societies nurture happiness and foster well-being across various life aspects. To achieve customer welfare, our viewpoint underscores the importance of justice in reflecting on consumer well-being from both Rawls’ theory and Islamic perspectives.Design/methodology/approachWe adopt a conceptual approach where secular views of Rawls’ “Theory of Justice” are merged with the Islamic view, resulting in novel insights regarding the hermeneutics involved in the notion of justice and the preservation of consumer well-being.FindingsOur analysis reveals that John Rawls' “A Theory of Justice” aligns with the Islamic perspective in several respects yet diverges in others, notably in the concepts of pre-creation consciousness and divine guidance. These distinctions are emphasized in our paper.Originality/valueOur paper presents a perspective on justice founded on the concepts of the “Original Position” and the “Veil of Ignorance.” The commentary explores consumer well-being by integrating Rawls' principles with an analysis that elucidates the role justice plays in enhancing societal welfare.

Cursed Be the Name

Abstract From the structure of the book to its enigmatic law codes, Leviticus poses a number of interpretive questions for readers. This article aims to tackle a variety of these questions raised by the blasphemer narrative. I will consider especially the relationship between the nature of the crime committed and the legal decision that follows. I further intend to show how the internal concerns of this pericope cohere with the concerns of the H redactor and the passage’s immediate context between chapters 23 and 25. While no doubt a difficult task, coming to an understanding of the blasphemer narrative is vital for grasping the structure and argument of Leviticus. Furthermore, this narrative raises obvious questions concerning the justice of God. Does the punishment of the blasphemer fit the crime? Does this sentencing fit with general notions of justice in the ancient world, or even with the God of Israel’s own legal standards?

Swedish Societal Transformation and the Question of Tax Incentives for Charitable Contributions to Civil Society1

Abstract The issue of how the Swedish welfare system should be organized in an increasingly market-driven economy has become an urgent one. The public sector’s retreat from its previous commitments through deregulation and new public management reforms, as well as the state’s ambition of highlighting non-profit actors as potential providers of welfare, can be understood as an illustration of two ongoing processes of transformation in Swedish society. The aim of this article is to place a legal doctrinal research methodology of the Swedish Income Tax Act´s incentive scheme for corporate and private donations to civil society at the intersection of these transformations (welfare and civil society). At the same time, it is in the understanding of the tax legislation and the advantages it can offer individuals, nonprofits or commercial actors, that changes can be brought about in both the patterns and our understanding of charity and giving. A question that arises in this context is whether it is meaningful to speak of a shift in the state’s control of the financing of civil society. The term nonprofit tax shift is introduced in the study to discuss this issue. The article also addresses how ideas, stances and policy initiatives are shaped and articulated in Swedish contemporary politics, including tax policy. The paper argues for the existence of a ressentiment driven discursive frontline, running parallel to the public dialogue on welfareand the role of nonprofits. Additionally, it examines whether these developments in tax policy have affected the notions of justice that were previously a significant consideration in designing the income tax system in Sweden.

동산양도담보목적물의 부합과 부당이득

The issue of the target judgment boils down to whether, when the subject matter of the movable transfer security is attached to the other matter of he movable transfer security, the transfer security creditor who has lost ownership can claim the return of unjust enrichment against the owner or the transfer security creditor. There is a lot of controversy in academic theories and precedents regarding the position of the target judgment. This is because the position of the target judgment based on fairness and validity is causing considerable conflict with the existing legal principles regarding the return of unjust enrichment. Therefore, in this paper, how to understand the legal nature of the movable transfer security right, and then, if the object of the movable transfer security right is attached, how will be determined who is obligated to return the unjust enrichment. The purpose of this study was to examine the legal principle of return of unfair profits for the right to claim compensation, and the subject of actual gains according to compliance, in respect of the legislative purpose of the return of unfair profits system, which is to adjust unfair movement of goods based on the notions of justice and fairness. The ruling appears to have reached a conclusion considering the aspects of equity and substance. However, despite the fact that the concept is not easy to grasp due to its abstractness and ambiguity, it has been brought to the fore and established in the past on unfair enrichment. It may be said that this conclusion is difficult to accept, as it creates a contradiction or conflict in legal principles. In particular, if the debtor becomes incapacitated before or after the object of transfer security is satisfied, it is considered difficult to accept the conclusion of the subject judgment in that it may lead to unreasonable results in the interests of each transfer security creditor and the debtor. Taking the above points into consideration, it seems reasonable to consider that the entity to which the actual profits belong is the transfer secured creditor, as in the original trial. In any case, I would like to conclude this article with the hope that there will be more reasonable precedents and discussions related to this.

Political representation, the environment, and Edmund Burke: A re-reading of the Western canon through the lens of multispecies justice

A major puzzle in contemporary political theory is how to extend notions of justice to the environment. With environmental entities unable to communicate in ways that are traditionally recognised within the political sphere, their interests have largely been recognised instrumentally: only important as they contribute to human interests. In response to the multispecies justice project's call to reimagine our concepts of justice to include other-than-human beings and entities, we offer a novel reading of Edmund Burke's account of political representation that, we argue, can be applied to the environment. Burke claimed that interests are ‘unattached’ to any actual class or group, and that it is the duty of the representative to represent these unattached interests. Beyond providing an original application of Burke's work, the paper offers an alternative to the ‘allure’ of authoritarian environmentalism, an alternative which conservative thinkers may use as an entryway into debates on environmental justice.

Interlocked: The ethics of care and the ethics of justice in children's discourses on the parent–child relationship in Chile

AbstractThe article begins with a discussion of the contribution of childhood studies to our understanding of children's ethics, taking into account feminist inputs to the debate over the ethics of care and the ethics of justice. Then, based on two qualitative studies carried out in Chile with children between 10 and 13 years of age, the article shows the emphasis the children place on reciprocal care between parents and children. This concern for reciprocity is accompanied by notions of justice and rights in how they evaluate the parent–child relationship. The data reveal the complex ways in which the ethics of care and of justice interlock in the children's discourses. The article concludes by tracing the links between these results and the conditions of productive and reproductive work in contemporary Chile as reflected in the children's discourses, and it shows how children have begun to internalise a focus on children's rights in reflecting on their daily lives.

The Ethics of Deferred Prosecution Agreements for MNEs Culpable of Foreign Corruption: Relativistic Pragmatism or Devil’s Pact?

Deferred prosecution agreements (DPAs) are legal means, alternative to trial, for the resolution of criminal business cases. Although DPAs are increasingly used in the US and are spreading to other jurisdictions, the ethics of DPAs has hardly been subjected to critical scrutiny. We use a multidisciplinary approach straddling the line between philosophy and law to examine the ethics of DPAs used to resolve cases of multinational enterprises’ (MNEs) foreign corruption. Deontologically, we argue that the normativity of DPAs raises critical concerns related to the notion of justice as punishment, with serious cases of international corruption resolved with minimal retribution for offending MNEs. Taking a utilitarian ethical perspective, we also evaluate the effect of DPAs on MNEs’ tendency to self-regulate or re-offend. Our conclusion, supported by critical analysis of the juridical literature and case evidence on MNEs’ recidivism, is that DPAs do not foster ethical behavior.

Deconstructing the urban viewpoint: Exploring uneven regional development with Nancy Fraser’s notion of justice

Uneven regional development fomented by city-centric growth agendas generates significant challenges for regional peripheries. Placing regional margins and other plural geographies at the centre, in this article we apply a normative framework based on justice theory to uncover the dominance of urban viewpoints in urban regional development policy. Departing from Nancy Fraser’s three-dimensional justice theory, we provide a deconstruction of city-centrism by illustrating how regional disparities in two regions in Sweden are not only reproduced by economic maldistribution but also by political misrepresentation and cultural misrecognition. By doing so, we illustrate the fruitfulness of applying a normative justice framework to create a broader understanding of factors that contribute to the political production of uneven regional development and need to be addressed if a transformative and progressive change is to occur.