Problem Of Justice Research Articles

African indigenous knowledge: Philosophy in history and history in philosophy

Rationale of Study – This paper delves into the interconnectedness of African indigenous knowledge, situating its historical roots and the inherent philosophy embedded in its practice. African indigenous knowledge encompasses formulating a definition of knowledge in an African context and the justification of knowledge, which has its stand on cultural, linguistic, aphorism, and proverbial content. Scholars, however, argue that its historical foundation lies in the depths of time, tracing back to the ancient civilisations that thrived across the continent. On the other hand, its philosophical discourse serves as the guiding force behind the practices and beliefs of various communities. Within this purview, this paper sets out to close this gap.Methodology – This paper adopts primary and secondary data sources, including oral information, books, articles, and journals. However, it uses argumentative and analytic philosophical and historical inquiry methods to highlight that African indigenous knowledge is pivotal in preserving historical and philosophical insights.Findings – The study finds an interlink between history and philosophy in advancing African indigenous knowledge and its practice of knowing and justifying the indubitable truth that cannot be objectively attained in Western epistemology.Implications – The study contributes to the existing debate that the wisdom embedded in proverbs, myths, and folklore is a repository of philosophical principles, offering guidance on ethics, social harmony, and the relationship between humanity and nature through historical insights.Originality – The paper concludes that African indigenous knowledge has its own social and cultural dimension. It addresses the problem of knowledge by dividing its domain into rational, empirical, and mystical components, solving the problem of justification in the African context.

Comparative Analysis of the Crime of Adultery Based on the Old Criminal Code and the New Criminal Code to Realize Justice

Law number 1 of 2023 was prepared as an update of the old product, namely the Netherlands Heritage Fund. Various new paradigms of legal protection are part of the preparation of the draft of Law number 1 of 2023. However, at the same time, the protection of commercial sex workers (PSK) is still limited to efforts to provide a deterrent effect on those who allow prostitution to occur. In fact, the solution to the problem of prostitution should be solved systematically with lex specialis who raises issues involving prostitution. Meanwhile, the weakness of Law number 1 of 2023 is that it has not solved the core problem of brutal and inhumane social justice in prostitution. However, Law number 1 of 2023 has at least stopped the criminalization of prostitution. This research is prepared by normative juridical methods and reviews the law in depth based on the editorial and context of legal products of Law number 1 of 2023 on the basis of research to find.

Statistical analysis of technical specifications for non-reversible plate vibrators with different types of engines

Introduction. Forward plate compactors are surface soil compaction machines with a flat operating device, which are usually equipped with a single-shaft vibration exciter. Forward plate compactors may be driven by gasoline, diesel or electric engines. When designing and modernizing forward plate compactors, a problem of technical specifications justification may arise, including such parameters as exciting force, vibration exciter oscillation frequency, engine power, base plate width, etc. This statistical analysis of plate compactors with different types of engines was carried out to summarize manufacturers practices and reveal correlations between the technical specifications of forward plate compactors.Materials and methods. This research is based on the information presented on the official websites of forward plate compactors manufacturers and their dealers. 644 models of forward plate compactors were scrutinized. Regression equations and correlation coefficients were derived using Microsoft Excel software.Results. Parameters ranges for forward plate compactors with different types of engines were determined. Regression equations of correlations between oscillation frequency, exciting force, engine power, base plate width, relative exciting force and mass of forward plate compactors with different types of engines were derived, as well as the corresponding correlation coefficients. It was revealed, that most parameters have low or very low correlation coefficient, regardless of the engine type.Conclusion. The ranges of the technical specifications of diesel and gasoline forward plate compactors are quite close to each other. The parameters ranges of electric plate compactors, in most cases, are beyond the ranges of gasoline and diesel plate compactors. Low correlation coefficients and a large scatter of parameters indicate that manufacturers do not have a methodology for justification of the technical specifications of forward plate compactors. Results of the study may be used when clarify ranges of parameters and formulate requirements for a mathematical model of vibration plates behavior.

Implementasi Keadilan Sosial Perspektif Amos Bagi Gen-Z

Humans are faced with countless kinds of social problems, one of which is the problem of social justice. The practice of social injustice has been going on for centuries, including in the nation of Israel. The Bible clearly writes how the prophet Amos voiced justice and rebuked injustice committed by religious leaders and the Northern Kingdom of Israel. The principle of justice is respect for a person's life. The church as an organizer of social justice has a responsibility to embrace the entire life of the congregation, including generation Z, which currently has the largest population in Indonesia. This research aims to highlight the role of the Church as an organizer of social justice for generation Z. The research method used is a qualitative case study with an example from one of the churches in the Kelapa Gading area, North Jakarta. The research results show that the Church can uphold social justice by developing the lives of generation Z, by teaching God's Word and providing the necessary training through the Training Center. So, through the establishment of the Ensample Training Center, the Church has taken a role in implementing social justice for generation Z.

Intergenerational Cooperation and Justice between Age Groups

In this paper, I bring together the problems of justice between age groups and intergenerational cooperation in light of real-life demographic trends. I begin by presenting a simple model of intergenerational cooperation based on indirect reciprocity and show how cooperation can break down due to exogenous factors, including demographic change. I use the model to make the argument that principles for justice between age groups must be sensitive to the stability of intergenerational cooperation. I illustrate my thesis by considering the debate between distributive and relational egalitarians on justice between age groups.

Gender Justice Principles in the Islamic Inheritance System

This study aims to examine the principles of gender justice within the Islamic inheritance system, based on Surah An-Nisa’ verses 11-12, which stipulate a 2:1 ratio (a male receives two shares of the inheritance compared to a female). However, in the modern era, with changing times and human mindsets, as well as demands for equal rights, this 2:1 stipulation is considered a problem of justice. This research is normative juridical research, employing the library research method. The legal materials used include literature studies, such as interpretations of sacred texts, fiqh books, books, journals, previous research results, websites, and other writings related to the issues being studied. The results of this research indicate that justice refers to fair and equal treatment for every individual in accordance with the principles of the Qur'an and Hadith. However, in the context of Islamic inheritance distribution, challenges arise due to social and cultural changes that affect its interpretation and application. Although the principles of justice remain, there needs to be a renewal in the interpretation and implementation of Islamic law to reflect social and economic developments and to advocate for gender equality. This adaptation is not an effort to oppose culture or religion but a step towards a more just society for all individuals, regardless of gender. In making this adaptation, religious values and cultural traditions must be reinterpreted in accordance with the spirit of inclusivity and justice inherent in Islam, so that Islam remains a relevant moral and legal guide for its followers.

‘A storm is coming:' The New York Times coverage of the COVID-19 pandemic in American prisons

ABSTRACT In this research, we analyzed the content of 171 articles published between March and August 2020 in the New York Times (NYT) on COVID-19 in American correctional institutions. We observed that the NYT coverage decreased significantly over 6 months. Our analysis uncovered 8 themes within two broader frames: institutional and systemic inequity. Although the themes are not mutually exclusive, we argue that ‘Responding to COVID-19,’ ‘A storm is Coming,' ‘Collective Experience,' and ‘Critiquing Prison Conditions' are within the institutional framing. ‘Redefining Public Safety,' ‘Categorizing Prisoners,' ‘Doing Injustice,' and ‘Making it as a Celebrity' are the themes that highlight systemic inequity, systematic inequalities, and vulnerabilities of incarcerated people, especially minorities. Although this study is not a test of any theory, the themes are viewed via the lenses of conflict theory. Our analysis showed also that American prisons faced two simultaneous crises: mass incarceration and the COVID-19 pandemic, and that mass incarceration is not strictly a criminal justice problem, but also a public health issue. We found that the policies introduced during pandemic in the American correctional institutions were not only inadequate, but also revealed significant systemic inequalities.

Legal Regulation of “Skinning” Games

The development of video games has formed a complex and diversified huge system. It is precisely because of the variety of modern video games and abundant layers, "skinning" games and other infringement problems are endless. What kind of electronic games are worth protecting, and which part of them need to be protected, is the problem of today's legislation and justice. Judicial practice is basically through the copyright law or anti-unfair competition law to regulate the infringement of electronic games, but both have different degrees of inadequacy. If the development of "skinning" games is allowed to continue, the excellent but small-scale and medium-sized game developers will be driven out of the game market, and the future of electronic games will not go too far. Therefore, it is essential to strengthen intellectual property protection and improve the level of innovation by setting up a special category of protection through the Copyright Law and leading the development of the video game industry by judicial means.

Проблема социальной справедливости в социально-политических воззрениях Фомы Аквинского

The exploration of social justice within philosophical discourse has long been a subject of interest. Thе article delves into the question of social justice within the socio-political perspectives of one of the prominent philosophers of the Middle Ages, Thomas Aquinas. According to the author, Aquinas stands as one of the foremost ideologists of the Catholic Church, exploring issues of justice with the aim of theoretically substantiating certain tenets of divine revelation. At all times, Western European philosophers, when examining issues of justice, have primarily been concerned with its political and legal aspects, interpreting justice primarily as a socio-political category. In this regard, Aquinas is no exception. Of particular interest in his views is the concept of the order of justice necessary for the harmony of history. Additionally, Aquinas’ merits also include his stance on the hierarchy of law and, in the context of modern society in recent decades, his emphasis on the importance of adhering to legal norms. Through his studies in social and political philosophy, he succeeded in enriching the understanding of the problem of justice. Overall, Aquinas adapts his teachings to the ideological needs of the Catholic Church.

The Theme Park as Simulation of American Rape Culture: #MeToo and the Problem of Justice in HBO’s Westworld

Drawing on Jean Baudrillard’s theorizing of the theme park, this study recognizes the TV show Westworld (2016-2022) as a simulation of contemporary America with intriguing questions about rape culture and justice in a post-#MeToo moment? In seasons 1 and 2, android characters like Dolores (Evan Rachael Wood), Maeve (Thandiwe Newton), and Akecheta (Zahn McClarnon) are violated but rebel against sexist and racist programing, and the “Man in Black” represents the violating nature of the stereotypical, Western hero. The principles of the Old West, like benevolent violence, are reflected in a TV industry where the actors of Westworld document their own violation in #MeToo artifacts, such Wood’s documenting of abuse in Phoenix Rising (2022), and interviews with Newton. In thinking about justice, Westworld falters, because it frames redress only in terms of further violence and revenge. Wood and Newton, however, represent the prevention of future violence, offering a possibility of justice.

Судебная система Российской Федерации в свете конституционных поправок 2014 и 2020 годов: проблемы и пути их решения

The article analyzes the content of constitutional amendments in relation to the organization of the judiciary. Specific proposals are made to create several completely independent judicial systems with their own Higher (Supreme) courts, the problems of world justice are considered (and a change in the vector of its development is proposed), and the need for bodies with judicial functions below the level of world justice is justified — in sparsely populated territories of the country. In addition, a proposal is being put forward to create a federal judicial authority with state powers similar to those of the bicameral Federal Assembly — for the legislative branch, and the Government of the Russian Federation — for the executive branch.

Study on the Current Status of China's Road to the Rule of Law and Countermeasures

The purpose of this thesis is to study the current situation of China's rule of law road and countermeasures, and to put forward corresponding recommendations. Firstly, the historical evolution of China's rule of law path is analysed, including the characteristics of the rule of law in ancient times, the beginning of the rule of law path in modern China and the current development of the rule of law. Then, the progress and achievements of China's rule of law construction are discussed, covering the formulation and improvement of laws and regulations, the advancement of the reform of the judicial system, as well as the enhancement of civic awareness and the popularisation of the concept of the rule of law. Then, the problems and challenges facing China's rule of law road are pointed out, including the imperfections in the implementation of laws and the lack of enforcement, the problems of judicial justice and judicial independence, the insufficient protection of citizens' rights and the lack of rule of law culture. Finally, countermeasures are proposed to strengthen the construction of the legal system, improve the judicial system, raise the level of civil rights protection and cultivate a culture of the rule of law. Through these countermeasures, the development of China's rule of law road can be further promoted, the level of the rule of law can be improved, and a strong guarantee can be provided for social stability and sustainable development.

Air pollution, perceived health risk, and trip decision-making: Environmental justice considerations

This study evaluates the impacts of air pollution on trip decision-making and the determinants associated with perceived health risk from air pollution, socioeconomic status, and trip routine. To analyze its impacts based on a comprehensive mechanism, we developed a conceptual framework for trip decision-making process via perceived health risk from air pollution through an extensive literature review. We conducted a survey about trip plan changes due to poor air quality in South Korea, and used an integrated choice and latent variable model to verify the hypotheses in the framework. The result reveals that high perceived health risk encourages people to seek related information, which induces more trip plan changes under poor air quality. People with greater perceived risk tend to make more drastic trip-related decisions by changing or even canceling trip schedules. Moreover, higher-income groups generally perceive greater health risks and eventually seek relevant information more. The findings imply that the gap caused by socioeconomic status brings more frequent exposure of socially disadvantaged groups to polluted air, which can connect to environmental justice problems in society. This study provides noteworthy knowledge of the relationship between air quality and travel behavior to make healthy cities for everyone through environmental justice in transportation.

EXTRADITION: DIRECTIONS OF DEVELOPMENT

The study of one of the basic institutions of criminal law and international criminal law is aimed at creating a system of approaches to the development of existing law that can lead to the development of a universal approach to providing legal assistance. The purpose of the study is to determine the directions of the development of the law for providing legal assistance under the extradition process. Materials and methods. The method of analyzing sources of law made it possible to identify weaknesses when carrying out the extradition; the comparison method revealed a divergence in norms relating to the basis for extradition, which gives a forecast for solving a number of problems for both parties of the mechanism under study. Research results. The practical application of extradition rules makes it possible to achieve the desired result, but the desired effect is achieved through large and unreasonable efforts of both parties with a large bureaucratic toolkit, which leads to the idea of optimizing a number of processes. Conclusions. The institution of extradition should be considered as a flexible tool of legal assistance that allows solving the problems of justice in the spirit of the current principles of humanity and legality. The creation of an international instrument of a universal nature can fill gaps in the law and lead to a uniform extradition mechanism at the bilateral level. Due to current political international processes, the formation of such a document seems appropriate.

The Main band of settlement as an element of macrozoning of the territory of Russia: Problems of justification and institutionalization

The Main band of settlement as an element of macrozoning of the territory of Russia: Problems of justification and institutionalization

Allocation of scarce life-saving medical resources: why does age matter?

In this paper, we address the moral justification problem concerning the use of age as a criterion for the allocation of scarce life-saving medical resources. We present and discuss four justifications that stand out in philosophical literature: efficiency, sufficiency, egalitarian, and prioritarian. We aim to demonstrate that all these justifications are unsatisfactory since they entail counterintuitive implications in cases involving fetuses and newborns. We then suggest another justification for the relevance of age based on the Time-Relative Interest Account of the harm of death. Finally, we evaluate an objection that could limit the scope of the defended justification, leading us to draw a distinction between justification of harm and strict justification of harm.

Virtual technologies in education: Problems of legal regulation

Introduction. The relevance of the article is due to the problems of the regulatory and legal substantiation of the use of virtual technologies in education, which consists in the lack of legal criteria for the introduction of immersive technologies in the educational space. Currently, despite the intensive development of digital technologies, including immersive, domestic education lacks actual regulations that would regulate the use of virtual reality (VR) / augmented reality (AR) technologies in the educational process.Purpose setting. It is becoming relevant to conduct a comparative legal analysis of scientific publications in the legal and pedagogical areas on the regulatory and legal support of virtual VR and AR technologies, to study the regulatory framework of Russian legislation governing the use of VR and AR technologies in education, to identify common regulatory and legal problems for educational organizations of all levels.Methodology and methods of the study. The study includes a review of bibliographic and regulatory sources on the problems of legal justification for the use of virtual technologies in education, a structural analysis of local legal acts, generalization and synthesis of research results. The article talks about the need to have a clear regulatory framework for their use in the educational process, the development of mechanisms and regulations for assessing the safety of the use of technologies, the compliance of the content with the educational goals, and the streamlining of the conceptual apparatus.Results. The results include a generalization of the main legal problems that complicate the implementation of immersive/virtual technologies in the educational process.Conclusion. It has been revealed that the problems of legal regulation of the use of virtual technologies are of a common nature for educational organizations of all levels; the issues of legal justification for the use of virtual technologies in local regulations, the creators of which are each educational organization, have not been sufficiently resolved; the very construction of the concept «virtual technologies» is not presented definitively in regulatory legal acts, which allows the use of broader terms «immersive technologies», «immersion technologies, etc.; the need to develop requirements for new competencies of teachers has been identified; regulatory and legal regulation of the process of introducing VR/AR technologies within the educational process as an educational method is required.

Lessons from a professional learning community: Navigating tensions while moving between theory and practice in teaching chemistry for social justice

AbstractMaintaining a commitment to social justice teaching can be especially challenging when navigating the bureaucratic systems and ever‐spiraling responsibilities of the education system. To better understand how social‐justice‐oriented educators navigate these tensions, this paper uses qualitative methods to investigate the social justice problems of practice identified by five chemistry teachers in a year‐long professional learning community. By analyzing the challenges described in their problem‐posing segments, I identify seven major themes that represent key sources of tension and possibility as teachers move from theory to practice in teaching chemistry for social justice. These findings indicate that the practical considerations of day‐to‐day teaching practice create the most salient tensions when moving from theoretical ideas of social justice to a deeply integrated enactment of social justice teaching. Through a deeper analysis of two cases, I demonstrate the effects of discussing problems of practice with a group of teachers who had similar disciplinary backgrounds and ideological stances. These discussions shifted the tensions from potential barriers to areas of possibility in which they were able to enact new ideas within the confines of their context. Taken together, these findings indicate that developing social justice educators requires attention to navigating the practical details of teaching from a social justice lens.

СОЦІОЛОГІЗАЦІЯ ПРИРОДНОГО ПРАВА: ДО ПИТАННЯ ПРО СУМІСНІСТЬ ТИПІВ ПРАВОРОЗУМІННЯ

The article presents research of the widespread tendency to justify the concept of natural law within empirical sociocultural and anthropological factors in order to deprive it of its metaphysical character, which corresponds to sociological methodology. Emphasis is laid on the assumption of fundamental compatibility of the concepts of natural and sociological law, which, according to the author, is false. This outlines the related goal of the thesis that lies in proving formal logical and methodological incompatibility of the aforementioned concepts as well as inability of the sociological interpretation of natural law to solve the problem of lack of trust therein. Emphasis is also laid on inability of sociological methodology to solve the problem of ethical justification of the correctness of legal standards and behavior, which is clearly manifested in the projections of legitimacy and values. It is emphasized that the ethical foundations of law are not derived from the actual condition and require absolute values of transcendent (metaphysical) nature. The conclusion is made that natural law and sociological law are comparable but logically incompatible concepts, since they are formed according to opposite essential features determining the oppositeness of the elements that constitute their scope. In addition, the notions and concepts under research are opposite according to the ontological principles of origin and essence as well as according to the cognitive ideals forming the principles of their methodology. Together, this makes it possible to insist on the oppositeness of their nature. However, their oppositeness does not exclude complementarity in performance of the methodological work they do, albeit in their own way. Therefore, the gaps in knowledge of the ontological foundations of the theory of natural law are not a reason to abandon its instrumental capabilities as a value-oriented measure for the norms established by people. To restore trust in natural law, sociologization thereof is not enough, since the empirical methodology of sociologism creates only the illusion of solution to the problem of justifying the ethical foundations of the legal order solved by the concept of natural law in a different cognitive way. Key words: natural law, sociological law, sociologization of natural law, sociological methodology, metaphysics, legitimacy, values.

Methodological approaches to economic and mathematical modelling of crop rotation in the development of a land management project that provides ecological and economic justification for crop rotation

The proposed research paper systemises methodological approaches to optimisation and dynamic modelling of crop rotation in the development of land management projects that provide ecological and economic justification of crop rotation, since the crop rotation models proposed to date do not solve the task in general, but only in certain specific cases. In this regard, the need to develop full-fledged software products with a user interface integrated into existing information and accounting databases of agricultural formations is substantiated. It is proved that economic and mathematical modelling of crop rotations should be developed by improving the methodology of dynamic crop rotations, which will allow farmers to analyse the economic efficiency of various alternative options for crop rotation under specific natural and economic conditions and constraints, as it is a promising interactive tool for substantiating management production decisions based on optimisation algorithms and analysis of large amounts of accumulated retrospective data. The approaches, criteria and limitations of the economic and mathematical model of crop rotation in the development of land management projects that provide ecological and economic justification of crop rotation are substantiated. The proposed economic and mathematical model with its objective function, constraints and algorithms is aimed at a comprehensive solution of issues related to production planning and rational land use. The presented model provides ample opportunities for further optimisation of the system of making effective managerial decisions in the agricultural sector and can serve as a basis for solving the problems of investment justification and development of agricultural land use.