Justice Paradigm Research Articles

Supremasi Sistem Peradilan Pidana Anak di Indonesia

The criminal justice system of Juvenile has not have an obvious regulation yet. It neither formulated the legal criminal action of material. The legal formal in Juvenile Criminal Justice System has been interdependently it doubts the certainty of law as well. It does not have an equal perception of paradigm among the legal officers. The judges just consider the civil law system instead of the substantial justice for juveniles. The juvenile justice system in Indonesia does not yet have a clear legal substance, the juvenile justice law and the juvenile justice system do not formulate clear materials, the statutory law in the juvenile justice process still requires interdependence and obscures the value of legal certainty. There has not been a strong perception and equality of paradigms in the circles of legal freedom (Investigators, Public Prosecutors, Judges, Avocados and Implementers of Criminal Decisions in Children's Prison) in the discussion of correct child law. The lack of infrastructure in the juvenile justice process is also a legal problem. Enforcement of juvenile justice is still shackled by the debate on the civil law system which is more oriented to legal certainty over the value of substantive justice. The justice paradigm is still highlighted in the normative juridical aspects of the sociological juridical. The Integrated Criminal Justice System is not going well. Infra structure of children which is still not feasible. There is no clear philosophical foundation in the juvenile justice process.

Migration, justice and health: Reimagining the earth as one country and humankind its citizens

Migration is a significant feature of the political discourse around the world. It is bewildering and polarizing policy makers, leaders and communities, grappling to address the questions raised. The growing body of empirical data on migrant health have profound ethical relevance for example around risk-benefit-analysis, justice and discrimination at the individual, micro, meso and macro levels. The policy decisions and actions to address the issues appear to be often guided by self-interest and increasing pressures to protect national interests, and the current structures and systems. This paper briefly outlines and reflects on the ethical dimensions of migration, diversity and health and implications for policy, and practice.We argue that there is a case for new paradigms of global solidarity, social justice, and health equity in an interconnected world. Health care for migrants should be built on values of equal human rights and of shared humanity and the health and wellbeing of migrants and citizens should be promoted and protected alike.Migrant health is of global concern and international strategies for global governance are required. Migration policies it is suggested should be based on the understanding of interconnectedness of our societies and founded on shared humanity, and health equity for all. There is a case to reimagine the earth as one country and humankind its citizens with its implications on policy and practice and the organized efforts of society.

Peculiarities of Legislative Interactions with Public Policy in Lithuania

Legislative public policy in Lithuania is a specific area of state activity, where the reasons for the purpose of lawmaking and change are analyzed. Also decisions are made to improve the drafting of laws and the accompanying legislation, to increase the efficiency of legal regulation, and the legislative measures try to solve social problems. However, the formation of legislative provisions in the field of public policy and administration of its implementation in Lithuania is characterized not only by links, but also by large gaps between these phenomena, because of the linkup and confrontation between different interests. And this is perfectly understandable, because public policy is based on a utility and law is a paradigm of justice. That is why politicians use the legislative powers in the context of todayʼs reality, having a multiplicity of interests, not only duplicates by his behaviour, but sometimes also focuses on a larger scale of social roles. A politician, who at the same time is a legislative subject, focuses not only on the electorate, but also on the political interests of the political party, and the protected economic interests of business representatives. Finally, he has some personal interests in his presence in power. As the dysfunctional legislative practice shows, there are also cases where the main goal of the politician is not justice, but the desire to gain as much populist popularity as possible, in the hope that all the ways are good: disregard for laws, nihilistic thinking that eliminates the sense of reality and delete the boundaries of differences between illusion and reality. DOI: http://dx.doi.org/10.5755/j01.ppaa.18.1.23131

Perceived value of the Abu Dhabi Educational Care Centre for enhancing juvenile education within the spectrum of social justice: confronting challenges

ABSTRACTThis qualitative case study explores the perceived value of the Educational Care Centre (ECC) in Abu Dhabi, which is part of the Ministry of Interior and Abu Dhabi Education Council’s efforts to consolidate and reform the United Arab Emirates’ correctional institutions. The study, which is situated within the broad paradigm of social justice, identifies the challenges faced by the ECC, areas requiring improvement, and measures that need to be taken to enhance education for juvenile offenders. Findings and recommendations revolve around the need for institutional and community partnerships, revitalizing the social-constructivist role of schools and enhancing the holistic role of school managers and leaders.

Two paradigms of justice: criminal vs survivor justice in Africa

ABSTRACTAfrican countries continue to experience civil wars and other low-level violent conflicts. An issue relating to the intractable nature of postcolonial violence and how it should be resolved, is what is the potential for advancing contemporary peace processes and negotiated agreements through the notion of survivor justice? Two paradigms of justice have emerged in Africa in response to mass violence: criminal justice based on the example of the Nuremberg trials; and survivor justice based on political reform and exemplified by the cases of South Africa and Sudan. These two paradigms of justice are compared, with the context undergirding the debate and assumptions of each explored, and how this related to the issues of building peace in Africa. The guiding question is whether civil wars can be ended in courts. I argue that where a decisive military victory is untenable, survivor justice, that is political reform combined with judicial reconciliation, is the best way to resolve Africa’s conflicts. The example of South Africa’s political settlement and the reconciliation process in Rwanda offer examples of solutions for conflict transition to peace. Criminal justice processes – absent a decisive military victory – can act to delay and prevent peace and resolution.

Challenging the transitional justice paradigm: addressing ESRs violations in transitional justice processes

The economic and social dimension of transitional justice has been largely ignored in favour of traditional emphasis on violations of civil and political rights. While early transitional justice processes mainly focused on criminal prosecutions for bodily integrity violations, socioeconomic issues, including economica and social rights (herein ESRs) violations, were seen just as part of background. However, scholarship and practitioners are increasingly calling to include ESRs violations in transitional justice processes. Indeed, economic and social conditions are frequently linked to human rights abuses, often constituting a cause, means or consequence of conflict and authoritarianism. Including the assessment of ESRs violations as an issue for transitional justice might serve the purpose of establishing a more comprehensive understanding of the root causes of past human rights violations as well as to facilitate the pathway to achieve a sustainable peace.

Um “tribunal orientado para a vítima”: o minimalismo de Nils Christie e as suas contribuições à justiça restaurativa

Partindo de ideias defendidas por Nils Christie como a noção de que toda pena é uma imposição intencional de dor, do “roubo do conflito” pelo Estado e da necessidade de integração comunitária para a criação e o reforço de valores sociais essenciais para a consolidação de um senso de justiça, o presente estudo tem como principal objetivo analisar pormenorizadamente as contribuições do referido autor à justiça restaurativa hodierna. Mediante uma pesquisa exploratória e descritiva realizada a partir de revisão bibliográfica e documental nacional e internacional, propomo-nos a analisar o problema da possibilidade de elaboração e aplicação de métodos alternativos de solução de conflitos criminais. Verificar-se-á como a vítima pode reconquistar o protagonismo no processo de solução de conflitos, através do que Christie denominou “tribunal orientado para a vítima”: um sistema humanitário de solução de conflitos criminais que possibilita à vítima a efetiva realização de justiça. Demonstrar-se-á como as ideias desenvolvidas pelo criminólogo norueguês influenciaram o paradigma atual de justiça restaurativa. Ao final, mediante abordagem crítica, analisar-se-á a compatibilidade da prática restaurativa portuguesa denominada mediação penal “de adultos” com os fundamentos do paradigma restaurativo e os ideais defendidos por Christie.

AMARTYA SEN’S CRITIQUE OF THE RAWLSIAN THEORY OF JUSTICE: AN ANALYSIS

Purpose: The present paper tries to cross-examine Sen’s notion of justice and to find a midway between the ideal and non-ideal theorizing of justice. Besides, searching for reconciliation between Rawls and Sen, the present paper also attempts to go beyond Sen, while critically engaging with his idea of justice. Methodology: This study has applied qualitative method; however, both the historical and analytical methods are employed for reaching out the conclusive findings of the study. As the sources of this paper are basically secondary, all necessary and relevant materials are collected from a range of related books, articles, journals, newspapers, and reports of various seminars and conferences that fall within the domain of the study area. Main Findings: While analyzing Sen’s critique of Rawlsian theory, the study finds that the Rawlsian theory cannot be discarded only as a theory that formulates ideal justice and is not redundant. The study while revisiting Sen’s notion finds that there is also a possibility of reconciliation between ideal and non-ideal theorizing of justice. Application: This study will be useful in understanding the debate between ideal versus non-ideal theories of justice that has lately been haunting the political philosophy. Besides, it will also be useful in searching for reconciliation between Rawls’ and Sen’s paradigms of justice and thereby offering a conception of justice that is reasonable and true in assessing issues of justice in the present scenario. Novelty/ Originality: Revisiting Sen’s notion of justice and analyzing such dimensions of politics, the study will benefit the reader to evaluate the debate between ideal versus non-ideal theorizing of justice. Moreover, by searching for a possibility between Rawls and Sen, the study will contribute towards developing an alternative approach and understanding of justice.

Does interpreting 'steal' conflict? A translational perspective on power and restorative justice

'Restorative justice' enables the victims of crime to meet with those responsible and to talk about what happened. It is an opportunity for victims to find ways to move on and for offenders to understand the effects of their actions. In the restorative justice literature, it is often assumed that those involved in the restorative process share the same language and ability to understand and communicate. But what happens when communication between an offender and a victim must be mediated through an interpreter? This article considers from a theoretical perspective how the vehicles of restoration – interaction, participation and encounter – and their role in creating empathy between the parties to a crime may be affected when realized in a bi- or multilingual setting. By taking a translational view, that is, by conceptualizing the restorative encounter as a hermeneutic process in which all acts of communication result in understandings that are both provisional and contingent, this article brings the founding theories of restorative justice into critical conversation with theories of language and translation to examine the philosophical implications of interpreting for the restorative justice paradigm in general and the practical dimensions of interpreter-mediated restorative justice interventions in particular.

Mediation in the work of a family assistant

Mediation is used more and more commonly by specialists in working with other people. Its principles are used by teachers, lawyers, social workers, probation officers etc. Rarely, however, it is presented in the context of tasks performed by family assistants. The aim of the article is to reflect on the possibilities of using it by these specialists working in a family environment where institutional support is necessary. Preliminary considerations concern the specifics of the needs of the modern family and the assumptions of the restorative justice paradigm in the field of mediation – one of its constructive forms of conflict resolution. Literature review allows to indicate the place of mediation in the work of family assistants in the aspect of: formally and informally fulfilling the role of mediator, transferring knowledge about mediation to clients, developing clients’ social competences and cooperation with other family support specialists.

Sistema de justicia penal juvenil: principios rectores a la luz de la Convención de los Derechos del Niño

A partir de 1989, con el nacimiento de la Convención de los Derechos del Niño (más adelante, CDN o Convención), comienza la evolución del entendimiento del adolescente en conflicto con la ley penal, quedando establecido en este instrumento normativo que se requiere la construcción de un sistema de justicia especializado para atender este paradigma de justicia novedoso. Lo anterior dio como derivación que este sistema necesariamente debe estar cimentado en principios específicos, rescatados espe­cialmente del texto de la Convención y sobre las bases específicas que este instrumento internacional colocó al sistema de protección a la infancia. La Convención ha emitido parámetros concretos de cómo deben ser entendidos algunos principios atinentes a la materia juvenil en conflicto con la ley, que requieren ser comprendidos con la finalidad de entender –verdaderamente– el sistema de justicia especializado para adolescentes.

“Crime s a Social Disease” as the Concept of a Penal Reform Discourse in the 18th Century

The article discusses the change of public attitude to crime and criminal behavior in the English social, political and religious journalism of the 18th century. The shift of the punitive paradigm of criminal justice (in which society sought to get rid of criminal elements by means of death penalty or expulsion) predetermined the formation of the national penitentiary system, the main purpose of which was the correction of the criminals and the restoration of their social usefulness. The place and condition for the correction of the offender became a penitentiary, work and religious treatment were declared as the main means of correction.

Human Rights as Therapy: The Healing Paradigms of Transitional Justice

A shift has taken place over the past several decades in the dominant model of testimonial practice in public inquiries and truth and reconciliation commissions in many parts of the world, from an evidence-based “Nuremburg” model that seeks to establish the culpability of perpetrators through material evidence to a “victim-centric” model oriented toward truth-sharing, empowerment, and healing of those who experienced (and often continue to experience) the traumatic consequences of the crimes of the state. This paper considers the variety of forms that this latter model has taken, beginning with the formative TRC in South Africa and including material from recent or ongoing truth commissions and public inquiries in Columbia, Timor-Leste, and elsewhere. The bulk of the data for this paper is drawn from a long-term study of Canada’s Truth and Reconciliation Commission on Indian Residential Schools (2010-2016) in which survivor experience was widely recognized as being accompanied by the immediate risk of “triggering” through exposure to information on government-sponsored web sites and participation in TRC-sponsored events. The long-term healing benefits of survivor-affirmative testimonial practice are often touted but little known, and appear to vary considerably, influenced by both the meaning attributed to traumatic events and to the cultural and political values attributed to testimonial practice.

Establishing the nurse practitioner workforce in rural New Zealand: barriers and facilitators

INTRODUCTION The health sector is facing considerable challenges to meet the health needs of rural communities. Nurse practitioners (NPs) deliver primary health care (PHC) services similar to general practitioner (GP) services, within a health equity and social justice paradigm. Despite GP workforce deficits, New Zealand has been slow to effectively utilise NPs. AIM From a larger study exploring the establishment of NP services, this paper reports on the barriers and facilitators to becoming a NP in rural PHC. METHODS Overall, 13 NPs and 4 NP candidates participated in individual or group interviews. Participants were employed in a variety of PHC settings from six district health boards across New Zealand. Using a scaffold map constructed to show the stages of the pathway from nurse to NP, data were analysed to identify experiences and events that facilitated or were barriers to progress. RESULTS Experiences varied considerably between participants. Commitment to the development of the NP role in their local areas, including support, advanced clinical opportunities, supervision, funding and NP job opportunities, were critical to progression and success. Existing GP shortages and the desire to improve health outcomes for communities drove nurses to become NPs. DISCUSSION Implementation of the NP workforce across New Zealand remains ad hoc and inconsistent. While there are pockets of great progress, overall, the health sector has failed to embrace the contribution that NPs can make to PHC service delivery. A national approach is required to develop the NP workforce as a mainstream PHC provider.

Toward A Feminist Christian Vision of Gestational Surrogacy

Although increasing in usage, surrogacy remains the most controversial method of assisted reproductive technology. Many Christian ethicists have either objected tout court or expressed strong reservations about the practice. Behind much of this caution, however, lies essentialist assumptions about pregnant women or an overemphasis on the statistical minority of well-publicized disasters. The question remains whether Christian ethical reflection on surrogacy might change if informed by social scientific studies on the surrogacy triad (i.e., surrogates, surrogate-born children, and intended parents). I offer a feminist Christian framework for surrogacy comprised of seven principles drawn from this literature, the reproductive justice paradigm (RJ), human rights, and Reformed theo-ethical norms (viz, covenant, fidelity, stewardship, self-gift). I ultimately advance surrogacy under certain conditions as a moral good and focus on “altruistic” arrangements—including my own—without concluding that only non-commercial contracts could pass ethical muster.

Justice in education and recognitive justice

This paper focuses on a topical issue - the idea of ‘justice in education’ – developed by Krassimir Stojanov, among other recent educational justice theorists. Justice in education has to ask ‘educational questions about education’, which means that educational justice theory should be capable of dealing with educational practices, and constellations that are asymmetrical interaction orders. This requires, from the perspective of a child, criteria to distinguish between justified and unjustified educative demands towards responsibility and autonomy. This paper analyses forms of recognition as a legitimate summons that enables the individual’s autonomy. It also analyses the illegitimate demands that emerge from Stojanov’s innovative idea to combine the forms of misrecognition with the concepts of epistemic injustice.
 The second chapter of this paper introduces the challenges related to the recognitive justice as justice in education. The examination of Dietrich Benner’s recent critique of recognition theory illuminates these challenges in two ways: first, it is shown that there can be something negatively experienced, but the result of productive disruptions that the educator need to produce, which are out of the scope of recognition theory. Second, the recognitive justice paradigm ignores elementary pedagogical conditions and requirements, ‘the pedagogical knowledge’ and its methods, and is therefore unable to fully grasp the legitimate educational authority. This paper concludes with a synthesis that finds the crucial elements from the recognition theory to justice in education and critically assessing Benner’s claims. Overall, the paper offers potential for further development in justice in education.

Valuing Emotions in Punishment: an Argument for Social Rehabilitation with the Aid of Social and Affective Neuroscience

Dominant approaches to punishment tend to downplay the socio-emotional dimension of perpetrators. This attitude is inconsistent with the body of evidence from social and affective neuroscience and its adjacent disciplines on the crucial role of emotions and emotion-related skills coupled with positive social stimuli in promoting prosocial behavior. Through a literature review of these studies, this article explores and assesses the implications that greater consideration of emotional and social factors in sentencing and correctional practices might have for conventional punitive approaches to crime. It argues that proper attention to these factors within the judgment of offending can challenge the tenets of dominant punitive ideologies and responses to crime. It further emphasizes the higher rationality and effectiveness of a paradigm of justice that aims for the social reintegration of perpetrators through a path to self-reform and change that is based on relational and inclusionary processes in the least confining environments possible to still ensure public safety. Hence, this article supports the pursuit of social rehabilitation as the ultimate goal of criminal justice.

The rights to memory and truth in the Inter-American paradigms of transitional justice: the cases of Brazil and Chile

The paper deals with the rights of society to the truth and the memory of serious violations of human rights during authoritarian regimes. To do so, use the legal parameters of transitional justice established by the jurisprudence of the Inter-American Court of Human Rights. It directs the analysis to a comparison between the experiences of commissions of truth and memory in Brazil and Chile, observing its positive and negative points, from the established objectives of favoring the consolidation of a democratic rule of law where the knowledge and memory of the truth can avoid new authoritarian regimes.

Procesos restaurativos. La reparación en el sistema penal de justicia

Este trabajo se ubica dentro del paradigma de Justicia Restaurativa. Entre los presupuestos que persigue esta modalidad de justicia, se encuentra la subsanación del daño producido por la situación de conflicto, la posibilidad de reparación y, principalmente, el protagonismo de las partes involucradas en la solución de la controversia. A los fines de la consecución de este trabajo empírico se plantea como objetivo general, el análisis de la utilización de las prácticas restaurativas en el sistema penal de justicia de la Provincia de Neuquén con especial referencia a la reparación como elemento transformador en la conflictiva penal.

Family Justice, “Asian Values” and the Politics of Ambivalence in Singapore

Abstract In recent years, Singapore made significant reforms towards the establishment of a dedicated family justice system, setting up the Family Justice Courts and enacting new laws to better manage the divorce process and the protection of children. Related policy changes have also been implemented to provide and support families that were previously considered non-traditional and even deviant. Rhetorically, the state, led by the long-ruling People’s Action Party, continues to champion the modern nuclear family with heterosexual marriage at its core as the normal “traditional” form of the family and the bedrock of conservative “Asian values” defining society and politics in Singapore. However, what the judiciary espouse as the new family justice paradigm and the related family justice practices, together with the shifts in social policy towards different family types, are changing the texture of the dominant conservatism rallied by “Asian values” discourse. This article locates and analyses the incipient paradigm shift in the rising pluralism of family forms and the influence of international legal developments in protecting the rights of the child and interventionist family law. By attempting to bridge the Weberian chasm of doing sociology as a vocation and doing politics as a vocation (as an opposition Member of Parliament), I show that the family justice paradigm has opened up the discursive field on the family and produce the politics of ambivalence caught between family justice and Asian family values. I argue for a relational family justice paradigm as a way to move beyond the politics of ambivalence.