Justice Paradigm Research Articles

ALTERNATIVE EFFORTS AT CONFLICT RESOLUTION

Conflict management and Conflict Resolution have become one of the primary issues pervading world politics after the end of the World War II and especially after the end of the Cold War. Ethnicities have been expressing themselves freely under the newly established democratic systems. After the larger objective of the Nation State and its independence was fulfilled, the internal domestic compulsions led to the outbreak of internal rivalries that fractured communities. Although there are several methods used to bring communities together through the conflict management process like peacekeeping and peacemaking, the peace-building process is what leads us to a long-term solution to the conflict. This paper seeks to understand the significance of the peace-building process and the several alternative efforts made to bring this to fruition. All the efforts can be largely discussed under the paradigm of Restorative Justice.

Climate Justice and Biodiversity

Global climate change is affecting both natural environment and human society. National governments engage in climate mitigation actions. Transnational agreements such as Paris Agreement and recent UN Climate change conference (COP 26) intend to foster global collaboration on tackling climate change. However, activities and policies aiming to address the problem may either undermine integrity of the natural environment and human society or can contribute to sustainable development. Here climate justice plays the central role. Pursuing climate justice paradigm, may environmental organizations to prove central role of forest conservation in mitigation of climate change. This is likely to allow avoiding trade-offs between clime, economic development and biodiversity conservation objectives. Multiple real live examples demonstrate the potential of climate justice as a central principle of climate actions to allow finding win-win solutions. The central principle of climate actions and policies should be avoiding harm to biodiversity and indigenous peoples. The approach is likely to ensure sustainable development and success in addressing climate change.

Social Justice and Affirmative Action in Malaysia: The New Economic Policy after 50 Years

Malaysia's New Economic Policy (NEP), promulgated in 1971, established a two‐pronged national social justice agenda of poverty reduction, and social restructuring or pro‐Bumiputera affirmative action. This distinction of these policy objectives must be appreciated, but various misconceptions, especially regarding affirmative action, have resulted in polarization and stalemate after 50 years of the NEP. Social justice and affirmative action must be conceptualized and evaluated with clarity and rigor, with policy objectives, mechanisms and outcomes aligned. Malaysia needs to systematically formulate a new social justice paradigm, building on the NEP and anchored on the principles of equality and fairness. In the affirmative action sphere, this framework must focus on developing capability and competitiveness, and balance identity, need and merit in the allocation of opportunity.

Promoting environmental justice in contaminated areas by combining environmental public health and community theatre practices

Communities affected by contaminated sites are often overburdened by environmental and social fragilities living a depression in their potentialities and destabilisation in health and quality of life. The paradigm of Environmental Justice and the framework of community capacity (community capacities) are at stake in promoting environmental public health in communities affected by contaminated sites. Three community changes foreseeing the following objectives appear as priorities: centralisation in decisions regarding the use of their territories; an active (i.e. participated) role in decision-making processes; a view of a possible future without contamination. These transitions require the activation of technical, scientific, and cultural domains. While environmental public health research, especially if implemented through a community participative approach, has a central role in promoting the community capacity of ‘knowledge’, performing arts have great potential for empowering the other capacities. Different collective theatrical approaches are reviewed and analysed in the cultural domain, identifying those of community theatre as the practices with the greatest participative and transformative impact. A community-based approach for promoting environmental justice in contaminated sites requires the development of interventions integrating technical-scientific with cultural domains.

Dimension of justice of restoration justice paradigm in the criminal system for sexual violence in Indonesia

The act of sexual violence is a crime that is classified as a violation of human rights (HAM). The increase in cases of sexual violence in the world, including in Indonesia, shows that this shows that the existing justice system is unable to guarantee justice for victims, and most importantly recovery for victims. For this reason, a justice restoration approach is needed as an alternative in law enforcement against sexual crimes. In practice, marriage is used as a way to approach justice restoration. This article uses a normative and juridical approach to discuss law enforcement on sexual crimes through a restoration justice approach. It can be concluded that law enforcement on sexual crimes must look at the criminological, victimological and ontological aspects, in order to be able to place the problem objectively. As a complaint offense, sexual crimes may not be passed on to the criminal process, if there is peace between the victim and the perpetrator, provided that there is an agreement between the victim, the perpetrator, the family and the community without coercion from various parties. The main thing in the justice restoration approach for sexual crimes is to provide protection and assistance to victims from various parties, so that victims can be separated from the trauma or psychological impact caused by sexual violence experienced by the victim or the impact received after the occurrence of the sexual crime.

Social Vulnerability and Mental Health Inequalities in the "Syndemic": Call for Action.

Covid-19 is referred to as a “syndemic,” i.e., the consequences of the disease are exacerbated by social and economic disparity. Poor housing, unstable work conditions, caste, class, race and gender based inequities and low incomes have a profound effect on mental health and wellbeing. Such disparities are increasing between, among and within countries and are exacerbated by human rights violations, in institution and in society, stigma and discrimination. Social capital can mediate health outcomes, through trust and reciprocity, political participation, and by mental health service systems, which can be coercive or more open to demand of emancipation and freedom. Societal inequalities affect especially vulnerable groups, and Covid itself had a wider impact on the most socially vulnerable and marginalized populations, suffering for structural discrimination and violence. There are complex relations among these social processes and domains, and mental health inequalities and disparity. Participation and engagement of citizens and community organizations is now required in order to achieve a radical transformation in mental health. A Local and Global Action Plan has been launched recently, by a coalition of organizations representing people with lived experience of mental health care; who use services; family members, mental health professionals, policy makers and researchers, such as the International Mental Health Collaborating Network, the World Federation for Mental Health, the World Association for Psychosocial Rehabilitation, the Global Alliance of Mental Illness Advocacy Networks (GAMIAN), The Mental Health Resource Hub in Chennai, India, The Movement for Global Mental Health (MGMH) and others. The Action Plan addresses the need for fundamental change by focusing on social determinants and achieving equity in mental health care. Equally the need for the politics of wellbeing has to be embedded in a system that places mental health within development and social justice paradigm, enhancing core human capabilities and contrasting discriminatory practices. These targets are for people and organizations to adopt locally within their communities and services, and also to indicate possible innovative solutions to Politics. This global endeavor may represent an alternative to the global mental discourse inspired by the traditional biomedical model.

An Exploration of the Land–(Renewable) Energy Nexus

The need to understand the connection between land and energy has gained prominence in the calls to opt for renewable energy as part of the climate change mitigation actions. This need derives from the fact that renewable energy resources are site-specific and require rightful access and use of land. The impacts on landscape, land tenure, and land-use patterns of constructing energy facilities are significant, and they may subsequently undermine the authority of local communities. Still, the connection between land and energy is not yet part of integrated development policies and political debates when deciding on renewable energy projects. Therefore, this study critically reviews the land–energy nexus with the aim to understand and explain how the uptake of renewable energy is shaping the land–energy nexus and how renewable energy technologies are evolving and interacting in different regions of the world, particularly in the Global South. Theoretically, the land–energy nexus tends to reflect a dual tension between those who support the rapid expansion of renewable energy projects and those who oppose it due to concerns over land pressure and social impacts. We consider that this contrast is ruled by both the ecological modernization paradigm and the environmental and social justice paradigm, as part of wider environmental and social debates. The study adopts an integrative literature review built on the analysis of existing literature and deductive logical reasoning to create new, exhaustive scientific knowledge focusing on three interdependent dimensions: land requirements and planning policy, environmental impacts, and public opposition, as an informative guidance for future research and policies. The multiple forms of social dispute and agency demonstrate that dominant narratives supporting renewables act as a modern technological fix but provide only a partial solution for the climate and energy crisis. The deployment of renewable energy creates land pressures and spatial patterns of uneven development. These are visible by numerous environmental and social outcomes, which may imperil the sustainability of the investment. Hence, there is the need of a land–energy balance as a new aspect of sustainable development.

Constructing Black Economic Empowerment (BEE) as a radically transformative policy in South Africa: government v corporate discourse

This paper investigates how the South African government and mining corporations have appropriated anti-apartheid and anti-colonial discourses to legitimise Black Economic Empowerment (BEE) as a radically transformative policy without being transformative in conception, discourse, or action. There is a presumption in academic circles that BEE is a panacea for radically transforming historical, structural, and unequal power relations in South Africa. This article rejects this presumption by demonstrating how the conception and discourse of BEE have ignored these power relations and their underlying political economic structures of apartheid capitalism even before the policy was implemented or enforced by the government. Using [Young, Marion. 1990. Justice and the Politics of Difference. Oxford: Oxford University Press] critique of the distributive paradigm of justice, and employing [Fairclough, Norman. 1992. Discourse and Social Change. Cambridge: Polity Press] three-dimensional model of Critical Discourse Analysis (CDA), this article argues that the government and mining corporations present BEE as a new measure of radical transformation while simultaneously reducing this transformation to the micro concept of economic participation, focusing on numbers, representation, and targets rather than on historical, structural, and unequal power relations. As a result, the government and these corporations have reinforced and maintained these power relations while employing the discourse of BEE to masquerade as advancing their transformation. The crux is that BEE encourages Black people to operate within economically and institutionally oppressive structures which amplify the conditions they purport to be challenging.

From social justice to abolition: living up to social work’s grand challenge of eliminating racism

ABSTRACT How can social work live up to the 13th Grand Challenge of Eliminating Racism? In this article we argue for the replacement of the predominant social justice paradigm with a framework for anti-racist social work praxis informed by abolitionist principles. The primary aim of anti-racist social work praxis needs to be the building of power in Black, Indigenous, or Brown and poor communities. We define additional praxis principles, including engaging with critical theories, advancing macro-approaches, targeting racism at the source, and developing interventions to eliminate and address the effects of racism. We end by sharing concrete anti-racist praxis tools.

Institutions and Ireland: Mother and Baby Homes and Transitional Justice

This article addresses the extent to which historical abuses can be evaluated through the lens of transitional justice. Transitional justice concerns a society’s attempts to address widespread or systemic human rights violations. This article will evaluate the approach taken in Ireland in responding to abuse claims in the context of Mother and Baby Homes and, specifically, the government response to the Commission of Investigation into Mother and Baby Homes in 2021. In its manner of addressing cases of institutional abuse, the Republic of Ireland risks ignoring the best practices adopted through a transitional justice paradigm, and thus missing the opportunity to demonstrate the central significance of institutional abuse to national identity, to a transformed national narrative and to the relationship of Church and State. Finally, this process of addressing the past may neglect to comprehensively acknowledge the rights held and harms experienced by victim-survivors. The Irish government’s response has so far failed to prioritize their voices and preferences as the central feature of how we view and redress historical institutional abuse.

Sustainable Economic Development: The Necessary Dialogue between Environmental Law and Economics

This article aims to analyze the distinction between the concepts of economic growth, economic development, sustainable development and environmental justice; the inter-action between Environmental Law and Economics in the paradigm of environmental justice, and what is the purpose of such interaction; and environmental justice as a possible solution to the installed state of environmental imbalance. To this end, the concepts of economic growth, economic development, sustainable development and environmental justice are investigated; Complexity Theory and its transdisciplinary approach; and environmental justice as a new order capable of reversing a state of installed environmental imbalance. To obtain the results desired by the research, the method of approach to be followed will be the empirical-dialectical, using bibliographic research, having as a reference system of the Law and Economics of Richard A. Posner. In conclusion, it is pointed out that there is a need for a new development model, which, based on transdisciplinarity, should seek solutions in favor of socioeconomic-environmental balance for present and future generations, as a way of overcoming the state of environmental imbalance installed, as well as all the economic, political, cultural, social and environmental impacts caused by it.

TERMINATION OF ACCURATE INVESTIGATIONS AND RESTORATIVE JUSTICE

AbstractionRestorative Justice accommodates the interests of the parties, including the victim, because the victim in this case is involved in determining the sanctions for the perpetrator. Restorative Justice returns conflict to the most affected parties (victims, perpetrators and “their community”) and gives priority to their interests. Restorative justice seeks to restore the victim's safety, personal respect, dignity, and more importantly a sense of control. By adhering to the paradigm of restorative justice, it is hoped that the loss and suffering suffered by the victim and his family can be recovered and the guilt burden of the perpetrator of the crime can be reduced because he has received forgiveness from the victim or his family.

Commandment, commencement and restorative justice

AbstractEarly restorative justice archives challenged state criminalisation through three basic pledges – diversion, social transformation, and decolonisation – thereby inaugurating a movement against repressive state criminalisation and announcing a new paradigm of justice. Returning to that movement's beginning, this article shows how its global successes were secured through intimate ties with state justice that diluted its early pledges. Highlighting oft‐overlooked insights from legal pluralism, it calls for new articulations between semi‐autonomous justice fields to revitalise, and not simply recover, restorative foundations. Forging links with diverse social fields, and engaging a politics of accusation, restorative justice could recraft lenses that bring harm‐producing social assemblies into focus.

The Need for a Black Feminist Climate Justice

The Need for a Black Feminist Climate Justice

Low Carbon Mobility Transitions and Justice: A Case of Costa Rica.

This research article analyzes the electrification of light-duty vehicles and its implications on equity and justice paradigm within a pro-green policy environment. The case of Costa Rica is investigated as the country has already gained considerable momentum in decarbonizing its economy and considers the transportation as the next step in its sectoral transformation. We evaluate the transition through different lenses of sustainability, equity and justice using socio-technical system transition and the energy justice frameworks. The outcome of the analysis is compared with the existing policies and plans for transport decarbonization in Costa Rica. The findings suggest that (a) the country should foster industry-academia collaborations and engagements to fortify knowledge sharing networks for low-mobility innovation, (b) subsidization of electricity cost for electric vehicles seems essential to incentivize market pull, and (c) Costa Rica should proceed towards the creation of domestic and local electric vehicles manufacturing capacity to provide an industrial environment for building long-standing technological learning and accumulation.

Reevaluation of the Concept of State Losses in Corruption (Analysis in the Perspective of Restorative Justice)

The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irrelevant to the law’s main objective against corruption in Indonesia. The spirit to save state assets must be based on restorative justice thinking oriented towards recovering from criminal acts rather than imprisoning corruptors. This study aims to examine the legal and political policies for eradicating corruption in Indonesia, where restorative justice can be used to restore state financial losses that can be recovered by the accused. This study uses normative legal research to answer the problems faced, and the authors use legal rules, legal principles, principles, and doctrines. The study results show that 1) the concept of restorative justice in sentencing perpetrators of corruption can be implemented by strengthening the norms of restitution for state losses from serving as additional crimes to becoming principal crimes. As for anticipating perpetrators unable to pay for these losses, the concept of forced labor can be applied instead of imprisoning perpetrators of corruption; 2) the concept of restorative justice in sentencing perpetrators of corruption can be implemented in the form of strengthening the norms of returning state losses from being an additional crime to being a major crime; 3) it is important to reform the criminal act of corruption immediately so that the restorative justice paradigm can be immediately introduced into the new legal norms.

Sustainable Economic Development: The Necessary Dialogue Between Environmental Law and Economics

This article aims to analyze the distinction between the concepts of economic growth, economic development, sustainable development and environmental justice; the inter-action between Environmental Law and Economics in the paradigm of environmental justice, and what is the purpose of such interaction; and environmental justice as a possible solution to the installed state of environmental imbalance. To this end, the concepts of economic growth, economic development, sustainable development and environmental justice are investigated; Complexity Theory and its transdisciplinary approach; and environmental justice as a new order capable of reversing a state of installed environmental imbalance. To obtain the results desired by the research, the method of approach to be followed will be the empirical-dialectical, using bibliographic research, having as a reference system the Law and Economics of Richard A. Posner. In conclusion, it is pointed out that there is a need for a new development model, which, based on transdisciplinarity, should seek solutions in favor of socioeconomic-environmental balance for present and future generations, as a way of overcoming the state of environmental imbalance installed, as well as all the economic, political, cultural, social and environmental impacts caused by it.

Modernization of social and political institutions of Ukraine by choosing a paradigm of social justice

Modernization of social and political institutions of Ukraine by choosing a paradigm of social justice

FEMINIST JURISPRUDENCE AND ITS MANY CORNERS: BUILDING A SOCIO-LEGAL PERSPECTIVE IN THE INDIAN SOCIETY

This paper tends to explore the various branches of the Feminist Jurisprudence and its inter-section with the other disciplines. To understand the socio-legal nuances involved in the concept of achieving a gender just framework there is a need to analyze the vast scholarly literature available on the subject. Therefore, an attempt has been made to conceptualize the problem of gender inequality existing between the relations of men and women in the Indian society. And finally connecting the scope of this analysis for building a contemporary understanding of the concept of Gender Justice paradigm in the Indian scenario. KEYWORDS: Feminist Jurisprudence, Gender, Gender-relations, Intersectionality, Gender Justice.

Triage of the elderly in the period of the COVID-19 pandemic crisis as a bioethical process

Abstract The paper discusses the problem of triaging the elderly in the period of the COVID-19 pandemic crisis by analyzing the triage process, caused by lack of resources, in Germany, Holland, the Czech Republic, and Slovakia. We apply inductive, deductive, and normative bioethical methods, comment on various recommendations for the indication of intensive care during a crisis, and discuss the utilitarianism of benefit maximization. As it follows from the evaluation of the elderly by the frailty parameter, medically inappropriate treatment, as a result of limited resources, is characterized by clinical and bioethical uncertainty. If the main bioethical objective of general bioethics for the COVID-19 pandemic is, in the case of limited resources, based on the non-utilitarian consequentialism paradigm, from the perspective of medical ethics, we face a borderline situation closely related to the topic of dying and death. Such a situation requires social, ethical, and professional reflection. An algorithm for intensive care indication in the situation of crisis and limited resources in the period of the pandemic requires a definition of criteria that identify an acceptable reason for abandoning the treatment in the context of the autonomy of the elderly and by respecting their human dignity and humanity. A global objective of general bioethics in the situation of the pandemic crisis should be based on the paradigm of social justice.