Justice Perspective Research Articles

Mortgage Encumbrance of Ships in Bank Credit Agreements Reviewed From Legal Certainty

The bank when granting or disbursing credit is usually preceded by an agreement called a draft loan agreement. In the credit agreement, collateral is included, as a guarantee when repaying credit if the debtor defaults. In banking practice, especially credit problems, various collateral institutions are known, each of which has different characteristics. Meanwhile, in terms of objects, there are collateral institutions that own movable and inanimate objects. The formulation of the problem in this paper is How is the encumbrance of ship mortgages in bank credit agreements viewed from the perspective of legal justice? The type of research used in this research is normative law. Procedures for encumbering mortgages on ships in bank credit agreements registered holders and registrars review the completeness of administration in less than 5 (five) days from the time the application documents have been summarized. Vessels that have been entered in the shipping list as well as other vessels in process and parts of such vessels can be granted mortgage rights.

Existence of Witness and Victim Protection Agencies in The Perspective of Justice for Victims Domestic Violence

The objective of this research is to examine the functioning of institutions responsible for safeguarding witnesses and victims in ensuring justice, advantages, and legal assurance for individuals affected by domestic violence. The chosen research method is Normative Juridical, also known as Normative research. Despite the Witness and Victim Protection Agency fulfilling its responsibilities to protect victims of domestic violence, it is not the primary choice for those seeking protection. To address this, there is a need to extend the reach of the Witness and Victim Protection Agency beyond the National Capital to include representatives in all Provincial Capitals across Indonesia. Additionally, empowering these representatives to make decisions on protection requests from domestic violence victims is crucial. Furthermore, there is a necessity to formalize the institutional relationships between the Witness and Victim Protection Agency and other relevant organizations. This would enhance protection services tailored to the specific requirements of domestic violence victims. This could involve establishing institutional connections to improve the overall effectiveness of victim protection efforts

Three perspectives on leadership in higher education: traditionalist, reformist, pragmatist

There is a fragmented and complex literature about higher education leadership representing a diversity of ideological perspectives about its nature and purposes. Internationally, the literature has been strongly shaped by the importation of concepts and theories from management studies and a tradition of scholarship led by university leader-researchers. Drawing on an extensive literature review—drawing on over 250 books, book chapters, reports and journal articles—this paper identifies three key perspectives. The Traditionalist perspective is concerned with the cultural context, arguing that the import of neoliberal business practices into university leadership and management has undermined academic self-governance. The Reformist perspective focuses on values from a social justice perspective arguing for a more democratic and inclusive style of leadership including participation from historically under-represented groups. Finally, the Pragmatist perspective is more functionally focused in identifying the capabilities, skills and competences needed for effective leadership in universities at all levels. These three perspectives provide important insights into the culture, values and competences of university leadership reflecting the distinctive culture of higher education (traditionalist), its values as a reflection of wider society (reformist) and how best to practically manage and achieve positive change in such an environment (pragmatist). An appreciation of these perspectives and the skills, values and knowledge embedded in the literature will facilitate the evolution of leadership development and practice in alignment with contemporary organisational needs and societal expectations.

Housing and gardening: Developing a health equity-focused research agenda

There is increasing evidence of the health and wellbeing benefits of gardening. However, such benefits are not shared equally across groups in the community. It is important from a social justice perspective to understand the contextual factors that influence opportunities to garden, and how they are distributed in society, how well, and to whom. Despite being a primary site in which people garden, little is known about how characteristics of housing (e.g., property rights, dwelling type) may influence gardening opportunities. Identifying housing-related barriers or enablers to gardening could suggest potential strategies to increase participation in gardening or provide gardening opportunities for those with less conducive housing situations. Building on the small body of knowledge of housing characteristics relevant to gardening opportunities and participation, we propose a new research agenda aiming to understand the relationships between housing characteristics, socio-economic status, and gardening. Through identifying ways to engage more people from diverse housing situations and socio-economic positions in the act of gardening, we hope that this new research agenda can help to promote health equity.

Comparing the application of different justice theories in equity analysis of transit projects: A case study of the Lisbon Metro Circular Line

Although issues of equity and accessibility have already been addressed in transportation, especially with regard to the distribution of costs and benefits, there is no consensus on which concept and metric of fairness would be most appropriate for the evaluation of transportation infrastructure proposals. Normally, a utilitarian perspective is adopted, where issues of unequal distribution of costs and benefits are not the main focus. This paper aims to incorporate the assumptions of other justice theories, namely egalitarianism, communitarianism, and Capability Approach (CA), into the equity assessment of transportation infrastructures, and by doing so, pay closer attention to those who are less advantaged or more open to social exclusion. These theories are critically reviewed considering their contribution to the assessment of equity in terms of transportation infrastructure accessibility impacts. Based on the reviewed theories, accessibility indicators are built and used to assess the equity impacts of the Lisbon Metro expansion project. The findings support the importance of adding other justice perspectives to assessing transportation projects. The CA and Maximax support a need to establish minimum or acceptable distribution standards of accessibility. However, the results from the CA are strongly dependent on the assumptions as to the maximum acceptable travel times.

Conflicting perspectives on ecosystem conservation in a cultivated floodplain: The role of science and the challenge of pluralism in decision‐making in Lac Saint‐Pierre (Quebec, Canada)

AbstractBy generating and explaining facts, science holds an important role in environmental policy decision‐making. However, scientific knowledge is often framed as objective and neutral in policy debates, which can be challenged by stakeholders who have a different view of the issue. To counter this situation, we propose a novel scientific approach to analyze problems that are highly contested and seem difficult to resolve, that is, wicked problems. Our study combined post‐normal science and environmental justice perspectives to shed light on a wicked problem—the largely unsuccessful efforts to rehabilitate yellow perch stocks in Lac Saint‐Pierre (LSP), Quebec, Canada. The combination of these two perspectives allows us to investigate the causes of the decrease of yellow perch stocks and the social and institutional barriers to rehabilitation—which can only be overcome if the injustice perceived by different stakeholders is overcome. Our study presents an approach that addresses uncertainties, integrates various knowledge forms, reassesses decision‐making procedures, and highlights inequalities within a specified territory. The research also underlines the importance of the qualitative dimension in the development of knowledge and the need to address equity in the development of environmental policies.

German Media Discourses and Public Perceptions on Hydrogen Imports: An Energy Justice Perspective

While aiming to become a global pioneer in green hydrogen, import of hydrogen is indispensable for meeting the German hydrogen demand. Public perception and acceptance of a changing energy landscape are crucial for enabling a hydrogen economy in Germany. The societal discourse surrounding hydrogen imports carries significant importance as it provides a lens through which to assess the alignment of these developments with Sustainable Development Goals and justice principles. This study sheds light on potential synergies or conflicts resulting from socioeconomic implications of hydrogen imports. With a multimethod approach, media discourses and public perceptions of hydrogen import are assessed. This study presents results from a media analysis of N = 37 newspaper articles and a representative survey (N = 2752). Media representation of hydrogen imports focuses on discussed motives for imports and conditions for partnerships with potential countries, whereas implications for exporting countries receive little attention. The survey results on public perceptions of Power‐to‐X technologies show support for renewables as a basis for imports. Yet, there is still a high degree of uncertainty in the assessment, expressed by a high number of “don't know” answers within the survey. The study highlights the need for stronger science communication and dialogue on hydrogen import strategies.

Self-Care Practices and Associated Sexual Health Risks Among Cisgender Women Sex Workers in Colombia

IntroductionSexwork is a social phenomenon characterized by exchanging sexual services for money or goods. In Colombia, it generally occurs in clandestine and unsafe environments due to social exclusion related to stigma, discrimination, and criminalization of the occupation. Sex workers may experience health risks due to the ineffectiveness of some self-care measures in exercising sexual practices.MethodsThis qualitative, constructivist, hermeneutic phenomenological study explored the sexual health self-care practices of 34 cisgender women sex workers over 18 years of age in Colombia from the analytical lens of intersectionality. Data were obtained through in-depth interviews face-to-face and discussion groups between July 2021 and March 2022.ResultsAfter reflective thematic analysis with an inductive approach to the data, five general themes emerged: meaning of self-care promoting practices, relationship with the healthcare system, empowerment and personal autonomy, vulnerability of cisgender women sex workers, and low-risk perception.Conclusions and Policy ImplicationsThe findings show the need to promote and provide humanized, friendly, and self-sustainable sexual health care with educational strategies that favor the intersectional cooperation of preventive care linked to the body, conceptual, and cultural memory of sex workers, providing them with the necessary tools to manage sexual health risks from their situated and contextual reality with a perspective of rights, social justice, and gender equity.

How Germany is phasing out lignite: insights from the Coal Commission and local communities

BackgroundThis article asks the following question: how well are coal regions, affected by phase-out plans, represented in mediating commissions, to what extent do local communities participate in the decision-making process and how are the political negotiations perceived by the communities? We look at the case of the German lignite phase-out from a procedural justice perspective. Informed by literature on sociotechnical decline and procedural justice in energy transitions, we focus first on aspects of representation, participation and recognition within the German Commission on Growth, Structural Change and Employment (“Coal Commission”). Second, we analyze how to exnovate coal in two regions closely tied to the coal- and lignite-based energy history in Germany: Lusatia and the Rhenish Mining District.ResultsBased on interview series in both regions, we connect insights from local communities with strategies for structural change and participation programs in the regions. We find significant differences between the two regions, which is primarily an effect of the challenging historical experiences in Lusatia. Participation within existing arrangements is not sufficient to solve these problems; they require a comprehensive strategy for the future of the regions.ConclusionsWe conclude that the first phase-out process was a lost opportunity to initiate a community-inclusive sustainable transition process. As the phase-out process is not yet concluded, additional efforts and new strategies are needed to resolve the wicked problem of lignite phase-out.

Engineering comments in doctoral student appointments: biased fabrications and revolving door governance practices in STEM subjects seen from gender equity and academic justice perspectives

ABSTRACT This article derives from ongoing higher education governance research in Sweden using a mix of ethnographic methodologies and data to explore and analyse patterns of gender and class inequality and injustice. The article has very specific data comprising two STEM doctoral appointment procedures together and uses a particular methodology called Qualitative Content Analysis (QCA). It raises questions relating to potential discrimination and injustice in the appointment procedure, including pure fabrication related to applicants’ competences and symbolic violence. Such violations are not uncommon in STEM, particularly toward women according to previous research, both within the ongoing project and by other researchers. Internal governance structures and procedures should anticipate and combat these tendencies. The article indicates that this did not happen in relation to the investigated appointment processes.

Justice and the Democratization of Finance

What would it mean for the institutions of finance to be democratized? I explore this question from a broadly Rawlsian conception of justice. In the first part of the paper I outline Rawls’s theory of justice. In the second part I briefly review what Rawls had to say about justice in the economic sphere. Notably, he thought that his conception of justice can only be realized in either “Property-Owning Democracy” or “Liberal Socialism.” I briefly explore the nature of these two “regimes,” before turning my attention to the institutions of finance, and in particular banking. In the third part I discuss the role of finance in contemporary liberal democracies, the social and political power that private banks are endowed with in such societies, and what problems this engenders from the perspective of justice. In the fourth part I argue that, among other things, the democratization of finance would entail wide dispersal of power and control over decisions about finance and investment. In the fifth and final part of the paper, I argue that there are reasons to believe that both of Rawls’s just economic regimes would fail with respect to the distribution of power and control in the economy.

Valuing “Othered” Rationalities in the Smart City: Examining Children’s Cycling from a Justice Perspective

ABSTRACT This article seeks to contribute to the intersection of children’s mobility (specifically cycling) by assessing the extent to which emerging socio-technical smart city systems accommodate children’s rationalities. In order to do so, it reviews literature on children’s mobility, cycling, and participation in design of smart solutions. Through this process, I highlight distributional injustice where children are marginalized in adult-centric cycling discourses, spaces, and smart initiatives. In making this point the review draws attention to the ways in which children are excluded because their more social and playful rationalities of cycling are not recognized in adult/ policy readings of cycling. Linked to this, I show that children’s rationalities are othered procedurally in the development of smart solutions because children are either absent, treated as data nodes, or asked to solve pre-defined problems of transport optimization. I conclude by foregrounding four elements that could contribute to what smart(er) cycling might look like from a child’s perspective: accommodating a plurality of motives with a particular emphasis on less instrumental and more convivial and playful mobilities; physical and urban infrastructures that emphasize social connection; accounting for the relative absence of technologies in children’s lives; seeking to “make children count” in (smart) decision-making processes.

Research on the Development Direction of Landscape Architecture from the Perspective of Fairness and Justice and Health Justice

Research on the Development Direction of Landscape Architecture from the Perspective of Fairness and Justice and Health Justice

Examination of the welfare indices of Iran’s border and central regions from the perspective of spatial justice

Examination of the welfare indices of Iran’s border and central regions from the perspective of spatial justice

The Legal-Ecofeminist Perspective of Women and Food Justice

The Legal-Ecofeminist Perspective of Women and Food Justice

Analysis of the Path of Urban-Rural Integration and Development from the Perspective of Spatial Justice

Analysis of the Path of Urban-Rural Integration and Development from the Perspective of Spatial Justice

Social and Environmental Justice: Land and Housing in Chicana Literatur

This article analyzes the novels The House on Mango Street (Cisneros, 1984), So Far from God (Castillo, 1993) and Under the Feet of Jesus (Viramontes, 1995) and the drama Heroes and Saints (Moraga, 1994) from the perspective of social and environmental justice, tak- ing into account Cherríe Moraga’s concept of Land, in which home plays a primary role. The sense of justice in these works emerges from an oppressed landscape in which the environment, the homes and the bodies of the protagonists reflect the damage done to the environment and to human beings. The analysis of the above-mentioned literary works shows how different Chicana authors advocate the achievement of concepts such as social and environmental justice, while at the same time denouncing the impossibility of Chicanos achieving the desired American Dream.

Legal Politics of the President's Grant of Lesion Basedon the Perspective of Justice and Humanity in the Indonesian Judicial System

This research aims to explore and understand the legal politics behind granting a Pardon by the President of Indonesia in the justice system and the factors influencing the decision to grant a Pardon. The research method used is normative legal research, which focuses on positive legal analysis, legal principles, and legal doctrine. The approach usedincludes a statutory approach to analyze related regulations and a conceptual approach. The research results show thatGranting a Pardon by the President is a constitutional right that the President has without interference from other institutions. After the amendment to the 1945 Constitution of the Republic of IndonesiafourthSometimes there are restrictions on the President's powers, which are considered too broad, and to prevent authoritarianism from the President. In line with these changes, especially in granting pardons, the President must pay attention to the considerations of the Supreme Court. This is not an intervention by the President in the Judiciary institution. However, with a checks and balances mechanism, the President has the basis for consideration from the institution concerned even though the decision to grant it is purely based on the President's constitutional rights

Juridical Analysis of Narcotics Abusers from a Restorative Justice Perspective (Research Study at the Directorate of Drug Investigation at the Riau Islands Regional Police)

Sanctions against drug users in the form of punishment with imprisonment which causes the inability of prisons to accommodate drug users, so that law enforcement makes policies by applying the concept of restorative justice to drug abuse crimes without submitting to the Court as a policy. This study aims to determine the application of the concept of restorative justice carried out by police investigators to drug abuse crimes. This study uses a descriptive method with a normative approach (legal research) to obtain secondary data and an empirical approach (sociological juridical) to obtain primary data through field research at the Ditresobat Polda Kepri. The results showed that the legal regulation of the application of the concept of restorative justice to narcotics abusers carried out by the National Police of the Republic of Indonesia has been regulated in the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice and SEMA Number 4 of 2010 concerning Placement. Abuse of Abuse Victims and Drug Addicts into Medical Rehabilitation and Social Rehabilitation Institutions. In the application of restorative justice, it is sufficient to be applied in the law enforcement process of drug abusers.The act of carrying out rehabilitation at the investigation level by solving cases of drug abusers is very good and worthy of being regulated in the Narcotics Law, For this reason, it is expected that the government and the DPR will make changes to Law Number 35 of 2009 concerning Narcotics.

Medical-Legal Partnerships and Legal Regimes: A Health Justice Perspective.

Medical-legal partnerships (MLPs) attempt to integrate the social determinants of health into health care delivery to eliminate health inequities. Yet, MLPs have not fully adapted to identify and address structural racism, one of the root causes of health inequities. This article provides a health justice perspective on the role of MLPs to challenge legal regimes to address structural racism and reimagine systems rooted in joy, safety, and collective liberation.