Problem Of Justice Research Articles

Концепция «справедливого города» Сьюзан Файнштейн на примере рекреационных зон города Астаны

Susan Fainstein, while not using the term "just city" as her precinct, is still one of the most profound questions about justice in cities. It seeks to answer the question: “How can we create and sustain democratic cities that embrace the diverse forms, abilities and aspirations of residents, where they can live fulfilling lives free from marginalization and oppression?” Susan Fainstein sees the problem of urban justice in the tension between development and redistribution, where the collective good takes precedence over the individual. She believes that sources of positive change must come from both social movement and social action strategies. Using Susan Fainstein's methodology, it is possible to analyze whether Astana's recreational spaces comply with the principles of a “just city” in the context of their general accessibility and inclusiveness. The study aims to expand the discourse on urban justice and explore possible proposals for urban planning. Thus, Susan Fainstein's methodology becomes a tool for assessing the extent to which Astana reflects the principles of fair and equitable urban space through the prism of recreational areas. The article analyzes the problem of urban equality, emphasizing the need for a balance between the development and redistribution of recreational areas in the city.

‘호플로마키아’의 교육적 가치: 교육학자의 ｢라케스｣ 읽기

One of the Plato’s Earlier Dialogue Laches deals with the question of whether hoplomachia (fighting in armor) is helpful in educating virtuous human beings. This question, which can be called the problem of justification of educational content, corresponds to the ‘plot’ that runs through the whole conversations of Laches. First of all, Socrates takes a critical stance against the two generals, who are combat experts, judging the value of hoplomachia in light of its utility on the battlefield. To use the ‘analogy of medicine and eyes’, doing so is no different from discussing and prescribing the value of medicine without knowing the nature and function of the eye for which the medicine will be used. In the context of education, the cultivation of virtuous human beings, including courage, its value must be judged in light of whether it helps to care for the soul. In Socrates' view, no one is outside the care of the soul. In fact, if hoplomachia helps to care for the soul, it is in the hands of those who care for their own souls, and not those who call themselves educational experts. As to my opinion, this position of Socrates has recently been reborn as arguments of R. S. Peters’ ‘education as initiation’ and ‘transcendental justification’.

Actual Problems of the Theory of State and Law in the Works of German Lawyers of the Late XX – Early XXI Century

The importance of the theory of state and law as a basic fundamental legal science is generally recognized in European jurisprudence. This is especially true for the countries of the Romano-German legal family. The article shows the points of view of famous German jurists, philosophers, sociologists on topical issues of the theory of state and law. It is important to study the basic theoretical and legal views of representatives of the German law school, since they, along with scientists from other countries, have made a significant contribution to the development of theoretical and legal science. The purpose of the article is to draw the attention of the Russian legal community to the works of German lawyers that have not been fully translated into Russian. The article begins with a description of the problems of methodology and justification of the chosen comparative legal research method. In relation to the theory of the state, the issues of global constitutionalism, problems of state sovereignty, changes in the role of the state in modern society, the emergence of new functions for the state, the theory of the liberal state and its criticism are considered. The problems of the theory of law raised in the article relate to the issues of the system and self-production of law, legal interpretation and non-legal interpretations, the limits of legal regulation, legal positivism, concretization in law, judicial lawmaking, the views of the Frankfurt School. Attention is paid to the problem of the value justification of law and sociocultural factors in law, the relationship between law and culture. The article may be of interest to specialists in the field of theory of state and law and comparative law.

Roman Sword for the Traumatized Community: A Sociolinguistic Approach to Rom. 13:4

The article deals with the experience of first-century Christians traumatized by persecution, displacement, and other trials mentioned in the Epistle to Romans. Special attention is given to their expectations and the problem of justice. It is argued that the Apostle Paul’s pastoral approach to this problem has a strong eschatological aspect: he encouraged the suffering Roman believers to expect some expressions of God’s vengeance to be revealed during their lifetime. The Roman sword, mentioned in 13:4, can be seen as an instrument of God’s righteous wrath. This perception of human agency may be applicable (with some limitations) in the 21st-century context of Ukraine’s war for independence.

Возможна ли теория дистрибутивной справедливости, основанная на этике добродетели?

The problem of social justice plays one of the central roles in modern political philosophy, and since 1970s it has been subject to vehement debate. Although social justice is a multifaceted phenomenon, distributive (economic) justice, associated with the fair distribution of goods in society, remains its most important aspect. Almost all modern theories of distributive justice follow one of the two classical ethical traditions: deontological and utilitarian. However, since the second half of the 20th century, a third ethical tradition has started to emerge — virtue ethics, whose proponents criticized both deontology and utilitarianism. The emphasis on virtue that lies at the heart of the new tradition assumes a shift in focus from a universal rule to individual decisions of a separate person. This change in perspective makes it much more difficult to use virtue ethics to construct theories of social justice. Nevertheless, such attempts are being made. Among them is the so-called capabilities approach of the American philosopher Martha Nussbaum, which has become quite widely known in the scientific community. Nussbaum has reconsidered Aristotle’s philosophy, updating its key provisions for the modern world. By shifting the main focus from the category of virtue to the category of opportunity, she attempted to justify the idea of an “Aristotelian welfare state” with a high level of redistribution of goods in society. The article is devoted to the analysis of Nussbaum’s concept. Having carefully considered its key tenets, D.Balashov shows that this experience of building a political and philosophical theory of justice on the basis of virtue ethics was not crowned with success. Although declared as Aristotelian in spirit, the capabilities approach in fact has a weak relation to Aristotle’s teachings, which, in particular, points to the problems that modern authors face when they are trying to draw on the heritage of the distant past.

Равенство удачи: развитие эгалитарных концепций справедливости в конце XX века

Since the publication of John Rawls’s Theory of Justice, the egalitarian tradition, which associates fair institutional structure with reaching equality in one aspect or another, has started to play a central role in academic discussions of the social justice problem. The article is devoted to the analysis of the evolution of egalitarianism of luck, which by the end of the 20th century has become the main direction in the framework of this tradition. The proponents of this direction in their argument depart from Rawls’s idea about the lottery of birth, according to which a game played by a fortune, being arbitrary from the moral point of view and affecting the distribution of resources in society, is unfair, and therefore should be compensated. Rawls’s approach to minimizing the role of luck in a fair distribution did not guarantee sufficient compensation for natural inequalities, assuming at the same time excessive compensation for “expensive tastes”. Trying to solve this problem, Ronald Dworkin distinguished between brute and option luck, using the model of the “veil of ignorance”, behind which the amount of fair compensation is determined. Further development of egalitarianism of luck at the turn of the 1980—1990s is associated with the names of Richard Arneson, Gerald Cohen, John Roemer and some other authors who made a number of amendments and changes to the concept of undeserved luck and proposed their own ways to neutralize its consequences for society. The arguments of proponents of luck egalitarianism at the end of the 20th century aimed at strengthening the role of an individual’s freedom of choice and implantation of the ethics of responsibility into the theory of social justice. At the same time, the interpretation of luck as a true “currency of equality” made the question of fair distribution conditional upon the consensus on the limits of human capacity for systematic cultivation of virtues and the scope of individual responsibility for one’s own destiny.

"Giving back is typical African culture"

This article presents a collection of narrative examples on how a cohort of African graduates, who are beneficiaries of a scholarship from a global foundation, understand and practice giving back. The scholarship programme aims to cultivate and support a network of like-minded young leaders who are committed to giving back by providing training and mentorship that reinforces the core values of transformative leadership and a commitment to improving the lives of others. To investigate these ideas, the Human Sciences Research Council is tracking recent graduates of the scholarship programme using a longitudinal cohort study design consisting of a tracer study, annual qualitative interviews with scholarship alumni, and smaller collaborative enquiries. Beginning in 2019 and tracking alumni for a five-year period, the study involves alumni from seven study sites. Findings from the study show that alumni exhibit a strong sense of social consciousness including an alignment of their understanding and practices of give-back with deeply embedded African notions of give-back as a ‘ripple effect’, reciprocity and ubuntu. Alumni acknowledged that there was not only one way to give, indicating that they participated in give-back in relation to their capacity, usually beginning with contributions to the family. As they became more established in their careers, their sphere of give-back increased with their reach expanding to the broader community. A low proportion of alumni felt that they were making an impact on an institutional or systemic level. Findings also show the impactful position that university partners hold in fostering give-back engagement among students and their potential role in supporting alumni after graduation. The article argues that nurturing social consciousness in young people and an understanding of give-back as collective movement building can contribute to solving development and social justice problems in Africa.

ТЕОРЕТИЧНЕ ОБҐРУНТУВАННЯ КОНЦЕПЦІЇ УПРАВЛІННЯ ПРОФЕСІЙНИМ РОЗВИТКОМ НАУКОВО-ПЕДАГОГІЧНИХ ПРАЦІВНИКІВ КОМУНАЛЬНОГО ЗАКЛАДУ ВИЩОЇ ОСВІТИ

The article is devoted to the problem of development and theoretical justification of the author's vision of the concept of managing the professional development of scientific and pedagogical workers of a municipal establishment of higher education. The analysis of scientific and pedagogical literature made it possible to identify important provisions that were taken into account when developing the concept. The goal of the concept is determined, which consists in improving the system of effective management of professional development of scientific and pedagogical workers for the sustainable development of a municipal establishment of higher education and correlation with the educational goals of the region. Tasks have been formed, the implementation of which will allow us to achieve the main goal: anticipatory nature of the sustainable professional growth of scientific and pedagogical workers; priority directions for improving the efficiency of management activities; expanding opportunities for professional growth; creation of organizational and pedagogical conditions. The author has determined the directions and stages (preparatory, planning and design, implementation, verification of the concept) of the implementation of the concept of managing the professional development of scientific and pedagogical workers of a municipal establishment of higher education in modern conditions.The expected result of the implementation of the concept, which consists in increasing the professionalism of scientific and pedagogical workers, ensuring proactive nature in managing the professional development of scientific and pedagogical workers of a municipal establishment of higher education, is highlighted; improvement of management in higher education, etc. The author notes the possible risks that may arise in the process of implementing the developed concept into the educational content of communal institutions of higher education, including: a decrease in the motivation of scientific and pedagogical workers for professional growth; inconsistency of methods of professional development to the personal and professional demands of specialists; the unforeseen influence of external factors on the process of managing the professional development of scientific and pedagogical workers at the state and regional levels; insufficient funding, provision of the material and technical base, etc.

English as Lingua Franca or World Englishes?

One of the key ways to realizing linguistic justice, as alluded to by Phillipe van Parijs (2011), is to welcome the use of English as a global lingua franca. Linguistic justice is defined as the condition in which the languages of linguistic groups are accorded official recognition, and the speakers do not suffer from social, economic, and dignity inequality on the basis of their language. However, the acceptance of English as an international language, as pointed out by many scholars, including Van Parijs himself, can also lead to potentially unjust linguistic situations. There are, in particular, three issues that come with the use of English as a global language, and they are (1) inequality in communication; (2) unfair resource allocation; and (3) lack of speaker dignity. This paper will provide a review of how political philosophers have talked about these problems, and the normative solutions to achieving linguistic justice. The aim of this article is to provide a linguistic perspective to the issue of linguistic justice. The author endeavors to do so by looking at linguistic justice through the lens of two dominant paradigms in the field of English linguistics: the World Englishes (WE) paradigm, pioneered by Braj Kachru; and the English as Lingua Franca (ELF) paradigm, a relatively more recent alternative developed by Jennifer Jenkins. The tenets of how each paradigm views speakers of English around the world are compared and a solution to the problem of linguistic justice is offered by thinking about “Englishes” instead of a single monolithic linguistic entity “English”. In doing so, efforts are made to highlight how linguistic justice can be achieved in the world of Englishes.

Hume's criticisms of induction and Peirce's semiotic epistemology: the value of pluralistic approaches for organizational knowledge

This article proposes a comparative analysis between two fundamental philosophical theories that contribute to the construction of knowledge: David Hume's Critique of Induction and Charles Sanders Peirce's Cooperation of Truth. We will examine how these two approaches address the process of knowledge acquisition and reasoning. While Hume questions the validity of induction, Peirce develops a semiotic epistemology based on sign mediation. The analysis demonstrates that both highlight the role of inference in knowledge acquisition, though there are differences regarding the reliability of inductive reasoning. Furthermore, while Hume emphasizes the problem of justification, Peirce focuses on the cooperative pursuit of truth. By exploring these theories, we aim to discuss how they contribute to our understanding of the process through which we acquire and justify knowledge, also within an organizational context.

Urban Pocket Parks and Wellbeing: A Critical Review and Research Agendas

Pocket parks are a relatively new park model that has emerged in recent decades. Compared with traditional parks, it has a smaller scale, a more flexible location, and can play a specific role in the city. This paper reviews and summarizes the existing research related to pocket parks. On traditional issues, this paper summarizes the planning of pocket parks, human health, and user preferences. At the same time, this paper points out that the problems of vulnerable groups and environmental justice in pocket parks need to be further studied. While reviewing the current research situation, it proposes a future research agenda. 1. The definition of pocket park needs to be unified. 2. More attention should be paid to more minority groups. 3. Environmental justice needs interdisciplinary research.

Электронный документооборот как фактор влияния на человеческий капитал организаций

The article represents one of the first attempts in the domestic literature on the problems of electronic docu-ment management to link this issue with such a social factor as increasing trust in society and such a problem of modern management as the role of electronic document management in managing the human capital of the organization. On the issue of trust, the article substantiates the fact that the problem initially posed by the Decree of the President of the Russian Federation of May 9, 2017, to create conditions for increasing trust in electronic documents has not yet been solved. It is emphasized that the rejection of paper media has rather reduced trust in society both at the level of the state-population and at the level of corporate employer-employee relations. In order to confirm this circumstance, the authors stress the social inertia of the transition from paternalistic social and labor relations to liberal-market commodity-money relations in modern society. On the issue of the connection of transition to electronic document flow in the management of a modern organiza-tion, the article substantiates that such a transition from the standpoint of human resource management should be assessed from the standpoint of changing the paradigm of managing the labor potential of an employee, adopted in the Soviet economy, to the paradigm of human capital management in the modern economy. The given conclusion is argued both by references to socio-economic literature and the results of socio-economic research. The article justifies that the transition to management as part of human capital issues solves the prob-lem of trust and social justice in the transition to electronic document flow management.

Climate-neutral and Smart Cities: a critical review through the lens of environmental justice.

The political choices made by the European institutions in the last twenty years show how the conviction is increasingly rooted that the management of environmental problems and, more specifically, the fight against climate change can find a valid solution in technology and eco-innovations. This is evident starting from the last two growth strategies adopted (Europe 2020 and the European Green Deal), from the long series of measures implemented to put them into practice and from the main R&I funding programs, such as Horizon Europe. In this context, the problem of justice and inclusiveness of the various initiatives implemented is attracting growing attention. In fact, if the institutional documents assume that green and smart participated projects are also fair and inclusive, a growing body of literature based on empirical studies seems to refute this assumption. Within this framework, the present work analyses first the critical literature and then the three main preparatory documents for the Horizon Europe Mission Climate-neutral and Smart Cities, which selected 100 European cities to become climate-neutral by 2030. These have been studied through the lens of environmental justice, in order to assess the European Commission's understanding of the existing and arising equity issues in the path toward climate neutrality. The research shows that, while the first two documents seemed informed by the idea that participation automatically translates into equality, the last guidelines show a deeper acknowledgement of the multidimensional nature of environmental justice. One that, beyond participation, also considers issues of distribution, rights, responsibilities and recognition. The present work should nevertheless be understood as a preparatory, analytical tool that will require the further definition and implementation of Climate City Contracts by the selected cities, in order to assess how the issue of environmental justice is effectively being considered in each specific context.

Stylistic appearances and linguistic diversity

AbstractPhilosophy is beginning to pay problems of linguistic justice the attention they deserve in today's heavily interconnected and migrant world. Contemporary philosophy itself, however, has a particular problem of linguistic justice that deserves metaphilosophical attention. At least in the philosophical tradition that is mainstream in much of the world today, viz., analytic philosophy, methodological and sociological mechanisms make it the case that the voices of non‐(native) Anglophone philosophers are substantially less heard. Among the mechanisms responsible for this situation, argues this paper, is the emphasis given by influential philosophical institutions to linguistic style and appearances as signs of clarity, precision, and rigour in the treatment of philosophical problems. Such an emphasis is not justifiable, in part because it deprives philosophy of a wider variety of perspectives. The paper concludes by presenting and motivating a recent initiative that aims to foster greater linguistic and cultural diversity within the profession.

Police‐perpetrated racism and health in African American and Black communities

AbstractThis brief review article focuses on police‐perpetrated racism against African American and Black (AAB) communities, typically in the form of police brutality, police violence, and aggressive policing. We assert that police‐perpetrated racism constitutes a racial justice and public health problem. A growing body of literature supports this assertion, with the consequences and correlates of direct police contact, vicarious police contact, and place‐based exposure to aggressive policing including mental health (e.g., anxiety symptoms, depressive symptoms, trauma) and physical health (e.g., poorer self‐rated health, hypertension) sequelae. We assert that eradicating police‐perpetrated racism requires acknowledgement of the historical landscape of policing as well as the ways in which police‐perpetrated racism maintains racial hierarchies. We conclude by making recommendations for promoting racial equity in policing.

Post-COVID-19 Pandemic Era and Sustainable Healthcare: Organization and Delivery of Health Economics Research (Principles and Clinical Practice)

Health services research aims to improve population health by studying the organization, delivery, and financing of healthcare services. While the field has made progress in defining its boundaries and core research topics, our literature survey revealed a lack of attention given to the management, cost, and policy aspects of healthcare systems (SCs). Moreover, the readiness of the system to handle supply policy and device deficiencies, especially during the pandemic, was rarely mentioned. Unplanned urban growth, characterized by reduced open spaces, deteriorating infrastructure, and changes in biological morphology, has led to an uneven distribution of urban amenities, facilities, and healthcare services. This research proposes two reliable models for site selection in a major hospital in Hong Kong, considering uncertainty levels, infeasibility tolerance, and reliability. We examine two categories of uncertainty—symmetric and bounded—and provide a solution with a nominal objective function value of 121.37. By considering 23 uncertain parameters with specific tolerance levels, we extend the processing time of uncertain tasks to ensure feasibility. However, the objective function value decreases due to violations of intermediate due-dates and decreased overall production. A comparative analysis is presented to evaluate the solution and address scheduling challenges under uncertainty using a specified probability distribution function. The study concludes by introducing justice and health problems, outlining four typical strategies, and emphasizing the importance of the effective management of systems, components, and procedures for the production, distribution, and administration of medications and healthcare supplies. This research contributes to fairness in health systems and population health at local, national, and global levels, addressing health inequity and promoting public dialogues on the subject.

International crimes in the conditions of war in Ukraine: problems of justice and criminal justice

Introduction. Ukraine's victory in the on going war against Russia depends, among other things, on the mobilization of the entire domestic criminal justice system for effective investigation and prosecution of those guilty of crimes against the Ukrainian people. Russia's aggression in Europe did not begin in 2022 with a full-scale invasion of Ukraine, and not even in 2014 with the annexation of the Autonomous Republic of Crimea and the occupation of part of the Donetsk and Luhansk regions, but in 2008,when military operations were launched in Georgia. Unfortunately, neither in 2008 nor in 2014 did the international security system and the world react properly and mobilize efforts to prevent a full-scale war in the heart of Europe, a war with signs of genocide, terrorism and barbarism, the death of thousands of civilians, the destruction of critical infrastructure European state. The aim of the article is to determine the state of response to Russia's armed aggression by national and international legal means. Conclusions. Mechanisms for the administration of justice in connection with the commission of crimes currently exist at the national and international levels. The latter, in turn, has two directions: one of them is at the stage of collecting materials, recording and investigating war crimes, crimes against humanity and genocide; the second – in its infancy – at the stage of finding a concept and its further implementation regarding the creation of an international tribunal on the crime of aggression. It is necessary to find mechanisms to bring the representatives of the aggressor state and accomplice states (the Republic of Belarus, Iran) to justice. Since, in general, the entire Ukrainian society is a collective victim of the crime of aggression on the part of Russia, international institutions should be involved in order to carry out fair justice both for the leadership of the aggressor state, accomplice states (aiders), and every military person who committed crimes in Ukraine. Key words: international justice, international crime, aggression, internationaltribunal, fair justice, war crime, court, genocide, national security, state security,collective victim, International Criminal Court, crimes against humanity, complicity, self-defense.

About the Justice of Modern Justice

The article analyzes the problems of justice of modern criminal justice. Various interpretations of the category “justice” are considered. The conclusion is formulated about the need to form a new methodological concept that develops algorithms for analyzing judicial activity in the field of criminal proceedings from the standpoint of criminology based on an integrative approach. Situational analysis of judicial evidence will allow to form effective methodological and tactical recommendations that contribute to improving the quality of epistemological research by a judge of the actual circumstances of a criminal event, increasing the level of public confidence in the judicial system, assessing justice as fair. The article also reflects the author’s vision of the impact of the informatization process on judicial activity. The thesis has been formed that online justice is a utopia, virtual technologies hinder the knowledge of objective truth, reduce the degree of justice.

Ombudsman, Tribunals and Administrative Justice in the Journal of Social Welfare and Family Law

ABSTRACT This editorial introduces the new editor of the Journal’s Ombudsman, Tribunals and Administrative Justice section; highlights the editorial team’s four strategic priorities for the section; and identifies four research priorities which the editorial team wishes to promote. For strategic priorities, the first is developing ‘applied administrative justice’ scholarship consciously directed at resolving practical administrative justice problems. Second is growing the connections between the Journal and civil society organisations, including those working on the frontline with individuals and communities most exposed to, and dependent on, public bodies. Third is expanding the interdisciplinary reach and content of the section, particularly to mental health and accounting. Fourth is encouraging early career researchers to become more involved in the section. As to research priorities, the editorial team identifies four themes: money and administrative justice, encouraging researchers to grapple with the financial benefits of their proposals and the effectiveness of different funding mechanisms; mental health and administrative justice, particularly through engaging with the fields of ”therapeutic jurisprudence” and ”law and emotion”; new technologies and administrative justice, particularly how virtual delivery changes experiences of public bodies; and hybridity and administrative justice, examining the complicated range of publics, privates, and charitables involved in modern public service delivery.

Capabilities approach and the marxist interpretation of the political conception of justice. reflections on the after-war restoration of Ukraine

Marxism as a normative position is critical of liberalism. However, the problems of justice and alienation that Marxism draws attention to can be solved by liberalism without the implementation of a Marxist political project. The purpose of the article is to substantiate the thesis that Martha Nussbaum's capabilities approach (one of the versions of political liberalism) is a more inclusive and rational method of theorizing about the basic principles of justice than Marxism. By analyzing Elizabeth Anderson's theory of liberal egalitarianism "democratic equality", I show that some of Marxist approaches that (1) do not deny the existence of justice and (2) are concerned with the problem of alienation, can apply the arsenal of the moral theory of political liberalism to solve these problems. I also criticize Rawls's and Nussbaum's theories of political liberalism for their procedural vagueness and non-inclusive theory of justice. I present an outline of my position, which I propose to call «extended political liberalism» (hereafter EPL). EPL is currently represented by two arguments: 1) the paideia argument and 2) the argument of the interdependence of the good and the right. The first allows talking about the actual implementation of basic rights and freedoms only when citizens are aware of them and have the opportunity to change their views regarding the personal conception of the good. This is impossible without qualitative basic education. Also, one of the central concepts of EPL is presented within the framework of Paideia's argument - the interpretation of the political conception of justice. Because of this concept, it makes sense to talk about the possibility of citizens' reflection on the reconciliation of the current political conception with the personal conception of the good. This can also be done through the analysis of other conceptions of the good. The second argument is a continuation of the first, appearing as a theoretical mechanism that allows supplementing the existing political conception in case of serious social changes. In conclusion, if we take into account the advantages of the capabilities approach and my criticism of its weaknesses, then a theoretical position will emerge that is quite acceptable to some representatives of Marxism. Moreover, the latter will not have to give up their basic beliefs. The peculiarity of my concept presented in this text is that it is not so much a critique of Marxism as an analysis of the basic normative judgments of political liberalism, with which some Marxists can agree. With this article, I also want to illustrate the strengths of such a concept and point to its prospects for further attempts to interpret the political conception by other normative positions.