Justice Perspective Research Articles

‘I am not a typical flyer’: narratives about the justified or excessive character of international flights in a highly mobile society

Reversing the growth pattern in passenger aviation emissions is necessary for climate change mitigation. However, climate-related concerns and norms do not correlate strongly with practices. This study provides an example of a rapid process of social institutionalisation of long-distance travel, which has become a default tool for meeting social expectations and performing social rituals. It draws on 21 in-depth interviews conducted in the Reykjavik region of Iceland. We show that the prevalence of flying has become so high that people who do not fly are subject to normative pressure. On the other hand, as awareness of its climate impact increases, the norms for the justified use of flights are evolving. As a result, the purpose of flying has become more important. To reduce cognitive dissonance, study participants distinguish their individualised, carefully planned, and meaningful trips from standardised mass and status-oriented travel – a moral disengagement tactic that depends on differences in cultural capital. Distinguishing between necessary and excessive forms of consumption is an important aspect of demand reduction, but this form of selective sanctioning seems problematic from the perspectives of climate impact and social justice. We suggest policy implications and propose methodological improvements to measuring travel-related social norms.

Access to brazilian higher education from the perspective of social justice and human rights

The aim of this paper is to recompose access to higher education in the social justice arc, and the problem of the distribution of a good as education is constituted by a criterion that allows greater access to higher education. In a context of Social States whose constitutions cover education as a social right, the Brazilian case is analyzed in historical perspective until it reaches the current issue that involves access to higher education from the quotas. For this, the case study is used to verify that the problem of access to higher education has not been solved given the institutional permanence of paradigm of individual merit, something proposed in the Universal Declaration of Human Rights of 1948 and maintained in the Constitution of the Federative Republic of Brazil.

Justice, Third-Party Funding, and Tax Treaty Arbitration

Resolving tax treaty disputes and improving dispute resolution mechanisms for tax treaty disputes have been important topics for international tax for decades, but it has not been an easy journey for the international tax community including policymakers, international bodies, and academics to come up with a clear solution. Similar to other global policies that require a multilateralagreement, a multilateral approach to a global tax policy cannot be easy as relations among the states with different backgrounds need to be coordinated and it involves critical issues relevant to national interests such as tax sovereignty, revenue, conflicts with domestic laws, and financial resources. That being said, the current global approach to resolve unsuccessful Mutual Agreement Procedure (“MAP”) cases of a tax treaty seems fairly straightforward under both the Organization for Economic Co-operation and Development and the United Nations’ Model Tax Conventions as both simply suggest arbitration to step in to render a final decision for the unsuccessful MAP cases. However, due to the factors mentioned earlier, the vast majority of the bilateral tax treaties do notcontain the arbitration clause, and it seems quite clear that an approach needs to be made from both within and outside the boundaries of international tax, tackling sub-issue by sub-issue, in order to improve dispute resolution mechanism for tax treaty disputes. This Article aims to highlight the importance of having the arbitration clause in a tax treaty, and focusing on the financial aspects of tax treaty arbitration, examines whether third-party funding (“TPF”), which has become more mainstream in traditional international arbitration proceedings, could be utilized in tax treaty arbitration to remove certain financial barriers as in other traditional arbitration proceedings by analyzing (i) any legal barriers, (ii) benefits from a justice perspective, and (iii) investment merit from a funder perspective. For the analysis, the Article specifically discusses (a) the current issues and the status quo of the MAP and tax treaty arbitration, (b) how TPF has been utilized in international arbitration and helping parties without orinsufficient financial resources, (c) differences and similarities between tax treaty arbitration and other types of international arbitration i.e., international commercial arbitration, investor-state arbitration, and state-state arbitration, and (d) TPF from both the taxpayer claimant and the funder perspective.

An Intersectional Approach to Access to Justice for Persons with Albinism: A Discussion Article

The quest for access to justice for persons with albinism is a chimera. Adopting a social justice and human rights perspective, in this article, I draw attention to the multiple and complex intersectional forms of discrimination which hinder that quest. In this article, I first define albinism and then highlight a range of issues that may be of interest to researchers, policymakers and practitioners. I explain the ways in which a longstanding tradition of myths and beliefs aggravates the plight of persons with albinism (women, young girls and children in particular) in sub-Saharan Africa. In the belief that a multidisciplinary approach is vital to understanding and responding to the complexities of the issues raised, I provide a detailed and lengthy review of literature drawn from social work, sociology, criminology, victimology, community development and human rights law. In the methodological review, I recommend three complementary approaches that researchers investigating a similar topic may find useful. The discussion concludes with the observation that there is no adequate access to justice for persons with albinism if there is no enforceable legislation. In the article, I identify gaps in the scholarly literature and recommend areas for future research. Finally, I call for the urgent implementation of the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance and the reform of the White Paper on the Rights of Persons with Disabilities, which will provide greater clarity on the disability status of persons with albinism in both the private and public sector.

A Review of Research on Urban Playability from a Social Justice Perspective

Playability is an attribute that refers to the ability to stimulate individual responses or collective action in an immersive activity in an exploratory way. Playability is an important component of the enjoyment and well-being of urban dwellers, has the potential to stimulate urban vitality and is an important expression of the inclusiveness and equity of urban space. The pursuit of economic development and efficiency-oriented urban construction has led to the domination of urban space by overcrowded traffic, economy-oriented commerce and densely populated housing. Moreover, the existence of playable space has become a scarce resource and is seen as a site for the materialisation of social rights. As the haze of the COVID-19 pandemic fades and cities are again exposed to wider and more participatory use, determining how to adapt urban spaces to the playability needs of users of different ages, cultural backgrounds and social classes, and provide them with appropriate site use and experience, is becoming a hot issue of concern for building equitable and high-quality urban spaces. The study of the playability of urban spaces is highly complex, and the related research on social justice is cryptic. In order to better investigate the social equity aspects of urban playability, this paper integrates scientometric and manual methods to review the relevant research. This paper takes 2664 related papers from the Web of Science (WOS) core dataset from 1998 to 2022 as the research object and employs CiteSpace to organise the existing research results of playful urban spaces. Quantitative analysis is used to clarify the theoretical foundations, developments and research hotspots of urban spatial playability, while the manual collation and generalisation of the studies uncover the hidden issues of social justice research. Based on the proposed research method, we summarize the key three research stages related to urban spatial playability and social equity. We also discuss the development of urban spatial playability in the perspective of social justice from three aspects: micro, meso and macro. The results can help readers better understand the current status and development process of research on playful urban space. In particular, we clarify the issues related to social justice under the theme of the playability of urban spaces and provide directions for future research on building playful cities and promoting the development of urban socio-spatial equity.

Energy Security, Decarbonization, and the Environmental Justice Movement

This article will analyse two key challenges of today: 1) energy security and decarbonization in the context of the United Nations’ sustainable development goals, and 2) decarbonization and energy security from the perspective of environmental justice. Energy security and decarbonization are integral components of the United Nations’ Sustainable Development Goals (SDGs). Specifically, they are addressed in SDG 7, which aims to ensure universal access to clean and affordable energy. Access to energy is crucial for the development of vital sectors such as agriculture, business, communications, education, healthcare, and transportation, and a lack of access to energy can impede human and economic development. In addition, the effects of climate change are disproportionately borne by those residing in the developing world. This inequity needs to be at the core of any climate change research – both at a practical and theoretical level. However, some scholars have argued that dominant modes of thinking about climate change and environmental hazards have often chosen to ignore this inequity or have not placed such inequity at the core of their analysis. This is where the Environmental Justice movement acts as a game-changer. We argue that it provides an alternative rationality to approach environmental hazards, with the social injustices and inequities at its center that are direct or indirect effects of environmental degradation and climate change.

“It shows we are serious”: Young people in Australia discuss climate justice protests as a mechanism for climate change advocacy and action

ObjectiveThis article aims to understand young Australians’ perspectives of climate justice protests as a mechanism for climate change advocacy and action. MethodA qualitatively led online survey was conducted with n=511 young Australians (15–24 years). Open-text questions prompted for young people’s perceptions of the appeal, accessibility, and effectiveness of climate justice protests in climate change action. A reflexive thematic analysis was conducted to construct themes from the data. ResultsParticipants perceived that protests were an important mechanism for young people to draw attention to the need for climate action. However, they also stated that the clear messages that were sent to governments via protests did not necessarily lead to government action. Young people perceived that there were some structural issues that prevented them from taking part in these types of activities, including living far away from protests, not being accessible for young people with disabilities, and limited support from family members and/or friends to participate. Conclusions and implications for public healthClimate justice activities engage young people and give them hope. The public health community has a role to play in supporting access to these activities and championing young people as genuine political actors in addressing the climate crisis.

Eating for Two Trillion

Thinking of the gut microbiome as part of the foodscape reorients us to a food justice perspective on equality and access to human health and flourishing.

The Imperial Ambitions of the Great Powers: Explaining the War in Ukraine from the Perspective of Global Justice

The position of Russian President Vladimir Putin in starting the war in Ukraine proceeds from political realism or the imperial ambition of global powers. The propensity for conflict governs the global political order. President Putin thinks that the expansion of the North Atlantic Treaty Organization is an existential threat as far as Russia is concerned. In the absence of a universal standard of justice in the world, Russia thinks that it was justifiable to invade Ukraine. NATO Secretary Jens Stoltenberg has argued that the right thing to do is to prevent Russia from imposing its will on a sovereign country. But while the West is trying to find a way to help Ukraine on moral and political grounds, it can be argued that the US and some of its Allies are a complicit to the absence of justice in the world. The reason is that the conflict in Ukraine also reveals the hypocrisy of the US when it comes to its own wars, for instance, in Iraq and Afghanistan. I argue from the perspective of global justice. I believe that the moral position is for President Putin to acknowledge his mistake but at the same time, the moral endgame should not appear as if the West has won this proxy war but for the world to finally realize the primacy of the respect for human rights and the dignity of peoples over all forms of hegemonic power.

An examination of sugar-sweetened beverage tax regulations in six jurisdictions: applying a social justice perspective to beverage taxation and exemptions

An examination of sugar-sweetened beverage tax regulations in six jurisdictions: applying a social justice perspective to beverage taxation and exemptions

Facilitating Multicultural and Social Justice Development through Immersion and Study Abroad Experiences

Mental health training programs are required to train students to become competent clinical professionals wherein they learn multicultural competencies, including social justice perspectives, and develop multicultural orientation. A growing trend in multicultural competence development and multicultural orientation understanding, embraced both by training programs and professional mental health organizations, is cultural immersion and study abroad experiences. These provide opportunities for personal growth, firsthand cultural learning, and exposure to global mental health matters from diverse perspectives. In addition, studying abroad allows for increased knowledge, emotional and empathic development, and spiritual formation which can lead to personal transformative development. Spirituality is a common element within study abroad, multicultural competency, and multicultural orientation, all of which are unique in all persons as a natural aspect of personal development. Through studying abroad, students can cultivate multicultural, spiritual, and values understanding, as well as encounter serendipitous learning opportunities that lead to transformative development and social justice advocacy opportunities.

Exploring the Applied Heart of the Church: The Retributive vs. Restorative Justice Perspectives on Punishment and Incarceration

Mass incarceration is one of the key societal issues facing the US today. While numerous factors have contributed to this problem, a major one is the punitive approach of our criminal justice system. This paper examines the underlying justifications for our criminal justice system’s emphasis on punishment using Christian and dominant cultural frameworks. The primary objectives of this paper are: (1) to compare and contrast the core tenets and values of two distinct philosophical approaches to punishment - retribution and restoration - both of which are active within the US criminal justice system; (2) to explore how these two approaches align with biblical values of justice, grace, mercy, and atonement; and (3) to discuss practical implications for how Christian social work educators, scholars, and practitioners can advocate for criminal justice reform based on clear Christian convictions.

Where the power lies: Developing a political ecology framework for just energy transition

AbstractThis critical review lays down the fundamentals for rethinking just energy transition. It reviews the theoretical perspectives of energy justice, socio‐technical transitions (STTs), and political ecology and presents a plausible and useful way to approach a just low‐carbon transition using Political Ecology as a broad framework. This Political Ecology framework for Sustainable Energy Transition (PESET) addresses power issues associated with low‐carbon transition, while also identifying the role of inclusivity and justice in low‐carbon transition. As energy transition studies have primarily focused on the Global North and the extraction and production of large technologies, this framework provides a more radical means to achieve just transition objectives with particular relevance for application in the Global South—a region largely overlooked in transitions scholarship and where mundane/simple technologies (e.g. Solar Home Systems and clean cookstoves) typify transitions processes to date. The PESET framework presents a novel contribution, linking the concepts of energy justice, STTs, and political ecology to provide a more comprehensive means of framing and analysing just energy transitions. It thus provides a novel overarching framework linking energy studies, sustainability transitions, development studies and innovation studies especially in an era where the globe is moving toward a clean and affordable energy for all (Sustainable Development Goal 7).

An Ethics-informed, Policy-based Approach to the Management of Challenges Posed by Living-at-Risk, Frequent Users of Emergency Departments

The complex health and social circumstances of living-at-risk, frequent users of emergency departments (aREDFUs) in the health jurisdictions of high-income countries, and the related, significant challenges posed for emergency departments and the health care providers working within them, are identified and explored in the paper. Ethical analyses of a set of relevant domains are performed, i.e., individual and relational autonomy considerations, relevant social construction and personal responsibility conceptions, patient welfare principles (beneficence, nonmaleficence, continuity of care), harm reduction methodologies and their applications, health equity, and justice considerations of the distributive, formal and social types. The outcomes of these analyses demonstrate that there are ethically compelling reasons for emergency departments to adopt an ethics-informed, policy-based approach to the longitudinal care and management of living-at-risk, frequent users of emergency departments. From a formal justice perspective, the development and uses of such an approach are justified by a demonstrable relevant difference between living-at-risk, frequent users of emergency departments and other persons and groups of patients who visit emergency departments. We propose an example of such a policy-based approach. Examples of possible, pragmatic applications of this approach, which help ensure that aREDFUs who present to the ED are managed in a fair and optimally consistent manner, are provided for the consideration of an urban emergency department’s policymaking working group.

Juvenile Justice and John Rawls’ Justice Perspective on Serious Crime Committed by Minors

The management of minors in legal trouble continues to be geared toward a restorative justice approach as it develops. Unfortunately, as of yet, the method for putting the restorative justice concept into practice is still dispersed over a number of linked institutional norms and has not been incorporated into laws. The goal of this study is to evaluate the juvenile court system’s rules for providing for minors who need legal assistance as well as John Rawls’ perspective on justice as it relates to significant crimes committed by juveniles, which is now handled using a restorative justice strategy. This research uses normative legal methodologies in conjunction with statutory, conceptual, and case approaches. According to the findings of the study, the juvenile justice system in Indonesia continues to prioritize the interests of the minors; this is done so that perpetrators do not lose their rights as a kid or the future generation. Nonetheless, in serious crimes, such as murder, the kid (perpetrator) can be condemned to jail for no more than 1/2 (one-half) the maximum term of imprisonment for adults. According to John Rawls’ perspective on justice, these requirements are adequate to provide justice. But, in order to build a restorative strategy, policies at the level of legislation that may give legal certainty must be developed, especially for law enforcers such as judges in imposing criminal sanctions so as not to offend the sense of justice for victims.

The influence of perceived organizational exploitation on frontline hospitality employees’ workplace deviance: an organizational justice perspective

PurposeDrawing on organizational justice theory, this study aims to investigate how perceived organizational exploitation induces frontline hospitality employees’ organizational and interpersonal deviance. Specifically, this study explored the mediating effect of distributive and procedural justice, as well as the moderating effect of justice sensitivity.Design/methodology/approachThe focal research analyzed multiphase survey data from 267 frontline service employees with structural equation modeling.FindingsThe results revealed that perceived organizational exploitation induced frontline hospitality employees’ organizational and interpersonal deviance through their perceptions of distributive and procedural justice. Moreover, employees’ justice sensitivity amplified perceived organizational exploitation’s harmful impact on justice perceptions and its conditional influence on organizational and interpersonal deviance.Practical implicationsOrganizations should take actions to reduce the occurrence of exploitation to prevent employees’ workplace deviance behaviors. Moreover, organizations can foster employees’ justice perceptions and take care of employees with strong justice sensitivity to reduce the destructive behaviors triggered by organizational exploitation.Originality/valueBy investigating frontline employees’ workplace deviant behaviors, this research identifies new outcomes of exploitation by hospitality organizations. Moreover, the research contributes by offering a justice-based perspective to understand the effects of perceived organizational exploitation. Furthermore, this research helps identify a new boundary condition of being exploited by organizations.

Fairness and the Sufficiency Turn in Urban Transport

This commentary considers the research and policy implications of applying the sufficiency principle to urban transport. It explores “enoughness” against a backdrop of increasing carbon emissions in the transport sector, inevitable ceilings for resource intense movement, and the essential requirement of providing access to opportunities in cities. Given the relative lack of progress, increasingly polarizing political debate and urgent requirement for change, this commentary advocates for a more direct and open engagement with a sufficiency turn in urban transport. Most importantly, fundamental questions about a fair distribution of remaining emissions and finite street space within the transport sector must be considered. This engagement can build on the emerging field of transport equity while joining up social justice perspectives of the here and now with sustainability justice recognizing global society, future generations, and nature. While acknowledging the political risks of embracing sufficiency in urban transport, this commentary builds on this rationale and directly engages with the idea of establishing budgets for transport-related carbon emissions and space consumption. It encourages further exploration and presents critical questions for future research and policy practice based on Martens et al.’s (2019) three transport equity components of considering mobility benefits and burdens, considering the disaggregation of social groups, and determining the distribution principle.

THE PROSECUTOR'S LEGAL POLICY IN ENACTING RESTORATIVE JUSTICE ON CRIMINAL CASE

The Prosecutor's Office of the Republic of Indonesia has a strategic role and obligation in optimising the law enforcement process, including through progressive policies. One form of this policy is the regulation of the mechanism for stopping prosecution through Prosecutor's Regulation Number 15 of 2020. This study aims to examine two main issues: First, How is restorative justice adopted in Indonesian criminal law? Second, How is the substance in the prosecutor's regulation number 15 of 2020 according to the perspective of restorative justice? This study is a doctrinal legal research with a conceptual and statutory approach. Data was obtained from primary and secondary legal materials which were inventoried through a literature study. The Data were then analyzed qualitatively with descriptive-analytical presentation. The finding concludes that: First, in the Indonesian context, restorative justice was initially unknown in the Criminal Code, but it gradually began to be adopted through criminal law reforms such as the SPPA Law, which regulates restorative justice in the form of a diversion policy. Restorative justice can also be used in certain types of crimes, such as minor offenses, cases involving women in conflict with the law, and narcotics offenses. Second, the substance of Prosecutor's Office Regulation No. 15 of 2020 is primarily consistent with the concept of restorative justice. A number of provisions have prioritized the peace aspect by involving all parties, both victims and perpetrators, in a fair and impartial manner. The basic considerations, qualifications, and exceptions are also prepared proportionally while preserving the law and public interests in mind. As a result of this legal policy, the paradigm in criminal case settlement has shifted from a retributive (punishment) approach based on due process of law to one that is rehabilitative and restitutive based on a restorative justice approach.

How to achieve emission reduction without hindering economic growth? The role of judicial quality

Existing literature has carried out fruitful research on the effects of environmental regulation policies. Due to differences in policies, regions, and data analysis methods, however, the previous studies have not reached a consensus on the effects of environmental regulation policies, especially on the effects of environmental regulation policies of developing countries from the perspective of environmental justice. This paper takes the establishment of the environmental court in China's intermediate people's court as a quasi-natural experiment and uses the multi-period difference-in-differences method to examine the effect of the establishment of the environmental court on environmental governance and economic performance, based on the panel data of 284 cities in China from 2003 to 2019. The results show that the establishment of the environmental court can significantly reduce the emission intensity of industrial SO2 in the short term. This reduction effect is resulted from the joint emission reduction effect of the establishment of the environmental court on local cities and adjacent cities. The mechanism analysis shows that the establishment of the environmental court has the dual effect of emission reduction without hindering economic growth. This effect is mainly achieved by improving energy efficiency, stimulating green technology innovation, increasing environmental investment, and improving the green finance level. Furthermore, the emission reduction effect of the establishment of the environmental court shows differential effects under the constraints of regional rule-of-law level, environmental awareness, fiscal pressure, and level of innovation and entrepreneurship. In addition, the establishment of the environmental court can facilitate the achievement of carbon peaking and carbon neutrality goals.

How instructional leaders promote social justice

Instructional leadership is a school leadership approach with a strong focus on the development of teaching and learning. This study explores how instructional leaders act to promote social justice and eliminate school inequities. The participants in this qualitative study were 24 Israeli elementary school principals. Data collection was based on semi-structured interviews, and data analysis was theory-driven. The findings revealed that instructional leaders incorporated a social justice perspective into the three key dimensions of instructional leadership—defining the school mission, managing the instructional program, and developing a positive school learning climate—to address three main areas of inequity in the school: outcomes, belongingness, and discipline. This study suggests that as an instructional leader, the principal has to take specific actions supported by particular intentions to ensure fairness and equity.