Realm Of Justice Research Articles

Transgenerational Frontiers: The Capabilities Approach And the New Challenge of Justice

ABSTRACT The aim of the paper is to confront some challenges raised by intergenerational justice from the perspective of Martha Nussbaum’s capabilities approach. After having sketched her account, the essay deals with some objections to it from an environmental perspective, arguing that, contrary to some critics, it can be a valuable basis for reflecting on our duties towards future generations. More precisely, I focus on how the CA provides promising insights to address two central problems of intergenerational ethics: 1) the so-called ‘circumstances of justice;’ 2) the problem of the asymmetry between present and future generations. In both cases, I argue that the philosophical anthropology underlying the CA is better suited than the contractualist one to include future generations into the realm of justice and ground our motivation to care for them. After underlining the potential of the CA, in the concluding remarks I will underline a potential flaw of this theory, i.e. the lack of guidance when it comes to the trade-offs between our rights and well-being and those of the unborn.

The evolution of digital legal proceedings in African countries: Nigeria, Egypt and South Africa in the focus

The adoption the Digital Transformation Strategy for 2020-2030 by the African Union stands out as a significant milestone in advancing digital agendas and programs across African countries. The integration of digital technologies into the society and economy is acknowledged as a catalyst for fostering innovative, inclusive and sustainable growth. Formulated upon existing ICT initiatives in Africa, this strategy not only holds socio-economic importance for the continent’s development by also play a pivotal role in ensuring digital governance. African countries grapple with challenges such as unemployment, poverty, and digital divide, making the coordinated policy of all states critical for the successful realisization of the digital strategy. Essential components include adequate financing, regional integration, international cooperation and harmonization. The digital transformation of justice holds the potential to address various issues concerning accessibility and efficiency of the judicial method of safeguarding the rights and legitimate interests of citizens and business entities. A notable concern is the lack of trust in the judicial system by over 53% of Africans, emphasizing the need for improvements in legal systems to combat delays, corruption, and hight litigation costs. Moreover, the digital gender gap poses a particular challenge, with only 24% of women in Africa having access to the Internet. Rural women, facing additional societal barriers, encounter difficulties in accessing legal aid, property and economic opportunities. Leveraging digital technologies to enhance justice systems, including through remote court participation and electronic case management, can mitigate these challenges. By facilitating gender-inclusive access to justice, reducing costs and processing time, and enhancing overall judicial efficiency, digital transformation in the realm of justice may pave the way for more equitable legal processes. The theoretical and methodological foundation of the study is rooted in a dialectical approach to understanding social processes and legal phenomena. The objectives of this study also necessitate application of a number of general scientific methods. Methods of analysis and synthesis are employed to examine legal trends in the progression of electronic justice, as well as to compare the evolution of digital justice in Egypt, Nigeria, and South Africa. The unique characteristics of the study’s object - civil legal relations emerging during the exrercise of the right to judicial protection in electronic format - also require the use of private law methods.

<심청전>에 나타난 돌봄의 제 양상

The aim of this paper is to explore the several aspects of care in “Shimcheongjeon.” While the term “filial daughter Shimcheong” aptly represents the thematic consciousness of the work, confining it within the framework of a text about ‘filial piety’ restricts the possibilities for diverse interpretations. In the Confucian values of the Joseon Dynasty, filial piety was a value of great importance, not only in the realm of ethics but also in that of justice. Filial piety, commonly understood as a child's duty to serve their parents well, tends to imply a unilateral relationship. However, this paper posits that filial piety can be included within a broader concept of care, suggesting it involves reciprocal, interdependent actions, thus necessitating a focus on care in “Shimcheongjeon.” “Shimcheongjeon” features various characters in need of care, who engage in reciprocal relationships and perform acts of care. This study examines aspects of care, distinguishing between the realms of private ethics and public justice, and observes how care extends from the private to the public sphere. Key to examining care in each realm are the notions of relationality and contextuality. In the private realm, the focus is on how care is enacted within spousal and parent-child relationships. In the public realm of justice, the study explores how care extends from the familial unit to community and national levels. This process confirms that care is portrayed not only ethically but also justly. “Shimcheongjeon” advocates for the practice of care, illustrating that the performance of care leads to rewards or punishments. The scope of care is not limited to family members but expands through the community and national units, enhancing social cohesion and solidarity. This paper's attempt to interpret “Shimcheongjeon” as a narrative of care highlights how individual acts of care contribute to ethical values within the community and to social justice, reminding us that care holds significant social and political implications beyond the personal level.

Book Review: Leigh Goodmark, Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism. University of California Press. 2023.

Leigh Goodmark’s Imperfect Victims: Criminalized Survivors and the Promise of Abolition, seems to rupture any idealistic views of a protective and just criminal legal system. Instead, Goodmark introduces readers to the nitty gritty underside of laws, policies, and legal processes put into place to protect the most vulnerable. In this work, Goodmark apprises readers of the cycle of victimization that survivors of violence are subjected to within the criminal justice realm. Offering true narratives and statistics along with eye-opening insights, Goodmark illustrates the means by which women, trans, and non-confirming individuals are subjected to criminalization by the justice system in the form of state interventions intended to protect them. This work pushes readers to challenge their perceptions of victims and offenders while asking them to embrace the idea that the justice system is inherently flawed. Goodmark, however, does not leave readers hopeless and empty-handed as she offers abolition feminism as the remedy to the institutionalized challenges faced by criminalized survivors. Imperfect Victims aims to give voice to victims of gender-based violence and dismantle the system that continues to victimize them.

Bases of colonial violence against peripheral Black women: Strategies of governmental reparation in the realm of justice in Northeast Brazil.

Bases of colonial violence against peripheral Black women: Strategies of governmental reparation in the realm of justice in Northeast Brazil.

Eksistensi Pemaknaan Santet pada Pembaharuan Hukum Pidana

This paper discusses about witchcraft which is one of the controversial delict in draft criminal law september 2019 (RKUHP) in Indonesia. This is because most of the general public assumes that witchcraft is believed to be an act that can harm people, suffer and or even kill people. However, in accordance with the principle of legality and the difficulty of proof, witchcraft deeds so far can not be entered into the realm of justice so that it is not uncommon for people accused of witchcraft to lose their lives without going through legal process. Therefore, in this study by analyzing the witchcraft delict in the construction of RKUHP this study uses normative legal research methods whose data are obtained through literature studies. The results obtained revealed that witchcraft is a criminal act that must be constructed into the category of delik formil whose proof does not necessarily lead to the existence or absence of a supernatural force it self owned by the perpetrator or individual. However, what can be used as a delik is a criminal act committed that is a person who deliberately announces himself to have supernatural powers as article 252 paragraph 1 RKUHP.

Antecedents of the perceived organizational justice: An aggregated theoretical framework

The interest of the perceived organizational justice realm remains an increased manifold. It is a behavioral concept that emphasizes how people subjectively assess the ethical and moral norms of organizational management. Perceived organizational justice (OJ) is sometimes studied as a dependent variable, but often as an independent variable. For that reason, various OJ antecedents are examined in this paper, such as factors related to individual characteristics (Demographic characteristics, personality traits), culture (Individualism/collectivism, uncertainty avoidance, power distance, long, term/court term orientation, masculinity/femininity), organizational processes (organizational structure, HR practices, CSR initiatives), and interpersonal relationship (Leader-member-exchange and social contagion). Besides, the current paper presents an analytic review of the existing perceived organizational justice literature, and attempts to respond to the following question: What contributes to framing a fairness perception? Because of the multidisciplinary and interdisciplinarity of this field, we consolidated more than 125 theoretical and empirical papers, to portray firstly a holistic overview of fairness theories (cognitive/process and content theories), and highlight secondly the different relationships between perceived organizational justice and an array of predictors. Thereby, this review aims to contribute to the enrichment of the state of knowledge of justice or fairness, by providing a clear roadmap and deeper insight for researchers and practitioners concerned with perceived organizational justice, and enabling them to understand how and why people make such fairness perceptions in the workplace. To do so, we discuss its relationships with various antecedent aspects and propose an aggregated theoretical framework to identify multiple areas for future investigation and guide the field forward.

Political Liberalism and Cognitive Disability: an Inclusive Account

ABSTRACT In this paper, I argue that, contrary to what some critics suggest, political liberalism is not exclusionary with regards to the rights and interests of individuals with cognitive disabilities. I begin by defending four publicly justifiable reasons that are collectively sufficient for the inclusion of members of this group. Briefly, these are the epistemic uncertainty that inevitably exists about individuals’ actual capacities, the political liberal duty to treat parents fairly, the social framework that is required for the fulfilment of parental duties, and the necessity of cultivating certain emotions that are strongly associated with reasonableness. These reasons show why a more inclusive reading of political liberalism is plausible, and how this can be achieved without abandoning or revising the theory’s commitment to public reason, the political conception of the person, and the role of social cooperation. I then turn to the question of what a more inclusive political liberalism would look like. More specifically, I argue that, although it would not require the participation of individuals with cognitive disabilities in the practice of legitimation, it would require their full inclusion in the realm of justice as equal rights-bearers.

Interview with Teacher, Mai Lê HÔ: Recognizing the Unique Culture and Community within Hip Hop and Street Dance

ABSTRACT To understand Hip Hop, one must understand where and how it was created. The Dance With Teachers podcast’s interviewee, Mai Lê HÔ, is a lead dancer in the Rennie Harris Puremovement Dance Company, and works closely with Hip Hop dancers and artists in New York City through the program, It’s Showtime NYC! As a French-Vietnamese woman, she has evaluated her place in the social justice realm, striving to bridge the gap between the dance and the culture it comes from in every class she teaches. She has found that street and club dances, created primarily by Black and Latino people, teaches the world to celebrate community and culture, while pushing dancers and teachers to be the best they can be creatively and as people of a dance community.

Erasing the Thin Blue Line: An Indigenous Proposal

My novel claim is that there must be an accounting of how the judiciary has employed the theory of the social contract to dehumanize large swaths of poor persons and people of color. I argue that it is the judiciary, even more so than the legislatures, that has enabled and encouraged the police to engage in deep-seated injustices every single day. I will show that social contract talk is deeply embedded in judicial decisionmaking and policy articulation in the criminal justice realm. The judiciary’s social contract talk is the language of inclusion and exclusion; either you are protected under the contract, or you are not. The judiciary’s deference to police discretion and immunization of the police from accountability has allowed the police to decide which persons are compliant or in breach of this metaphor, but with real-world, devastating consequences. On a minute-by-minute basis, instant-by-instant, the police decide who is protected and who is a threat. Luckily, the time for judicial accountability seems right. Several state supreme courts – Alaska, California, Illinois, Maine, Massachusetts, New Jersey, Oregon, Rhode Island, Tennessee, and Washington, as well as several other individual justices of these courts and others – acknowledged their roles in facilitating racial injustice in the summer of 2020. These courts and judges seemingly stand ready to act, but they also need a roadmap for action. The political theories of Indigenous nations could help fill the gap. Consider Anishinaabe political theory. Anishinaabe political theory is inclusive. One is “in” by default. Anishinaabe political theory is over-inclusive as well, in that everything we can perceive in the world is “in.” There is no “contract” talk. Anishinaabe political theory guarantees what social contract talk promises but fails to deliver. Moreover, the American judicial notion of a social contract unhelpfully assumes that chaos is the baseline condition because people are inherently violent and selfish. Anishinaabe political theory assumes that harmony is the baseline condition. Anishinaabe governance divides powers and responsibilities of tribal leaders. There is no winner-take-all, majority rule decisionmaking. Anishinaabe political philosophy rejects the police as mere warriors. Violence and internal security do not mix in Anishinaabe government. Imagine a criminal justice system where a police officer conducting a well visit, who finds a person in need of assistance because of an addiction, and leads the government’s response in assisting that person, rather than criminalizing that person. Imagine a criminal justice system where the police officer who catches a thief in the act is charged with investigating the reasons behind the theft, and leads the government’s response in ensuring that the thief’s poverty is alleviated and the victim’s loss is compensated. Imagine a police department that heals as well as protects and serves.

Glossolalie als Dichtung. Sprache und Stimme diesseits von Religion und Theologie

AbstractThis contribution aims to explain the controversy about glossolalia between the members of the Corinthian church and Paul. Corinthian glossolalia will be placed in the context of ancient texts on voice and language from medicine, philosophy, grammar, rhetoric and music and – taking up Bleek’s thesis – connected with expressions called “glosses”. The glossolalia is thus placed in the realm of the use of language in poetry. Paul uses arguments from philosophical polemics against poetry and places language exclusively in the realms of justice and truth.

Teaching Note—Handmaidens to Environmentalists? Claiming Social Work’s Expertise in Environmental Justice

ABSTRACT Social work has clear expertise in efforts to secure economic and social justice. The addition of environmental justice is an opportunity to extend these same skills into a new justice realm. Social workers not only need to learn about environmental issues but also claim their niche in the environmental crisis and ensure that poor and marginalized people are not left out of solutions to environmental problems. In this teaching note, we discuss the potential for harnessing our niche in environmental justice education. We describe an interdisciplinary environmental justice social work course, curricular changes, and field opportunities that harness social work knowledge, values, and skills to be used in teaching, practicing, and creating environmental justice.

Global justice, sovereignty, and the problem of perspective

This article argues that a state-centered theory of global justice exhibits an epistemic problem of perspective, and that this worry exhibits a gendered character. Within a liberal domestic theory of justice, the public/private distinction has been repeatedly shown to be bad for women because it creates a domain for injustice that becomes invisible to public policy and the law. This article argues that state-centered theories of global justice create an analogous space that is cut off from questions of global justice. The article therefore suggests that this way of framing questions of global justice is problematic, and is problematic for women in particular. Just as the public/private distinction in liberal domestic justice leaves cases of injustice outside the vision of the law, the hard distinction between the domestic (state) sphere and the international realm of justice leaves cases of injustice invisible to international law. For the question of global justice, the privileging of sovereignty and non-intervention compromises the ability of the theory to achieve its purported goal of universal justice.

Unravelling the ‘crimmigration knot’: Penal subjectivities, punishment and the censure machine

This article explores the challenges that (cr)immigration practices pose to draw the boundaries of punishment by examining foreign national prisoners’ penal subjectivities. More exclusionary and draconian migration policies have blurred the boundaries between border control and crime control, creating hybrid forms of punishment that, even if officially claimed as measures outside the criminal justice realm, inflict pain and communicate censure. Drawing on 37 in-depth interviews with foreign national prisoners facing expulsion in the Dutch penitentiary facility of Ter Apel, we detail how hybrid (cr)immigration practices are capable of imposing and delivering meanings that go well behind rooted significances and aims of administrative measures. Traditionally designed with preventive purposes, administrative measures have now become part of a project of social exclusion and reaffirmation of the worth of citizenship. This circumstance raises problematic questions for the legitimacy of the criminal justice system in dealing with non-citizens.

PERILAKU MASYARAKAT & ETIKA MEDIA DALAM TAYANGAN INFOTAINMENT DI TELEVISI

ABSTRACTThe proliferation of infotainment shows on television media for current decades is considered quite disturbing for broadcasting stakeholders in this country. The mass media through its four functions should be able to perform these functions in sequence and the four should run proporsonally, either the functions of educating, providing information, entertaining and influencing. But along with the disowning of conscience by media owners who are very oriented to the political economic of the liberal media, the main purpose of broadcasting is merely pursuing for ratings to be able to reap a lot of advertisements, with the reason people as the owner of the sovereign broadcasting like it. The orientation of media owners through infotainment shows that sold well consumed by society, on one hand, potentially damage the morality of the society into an opportunistic, apathy and hedonist nation. The situation of upheaval domestic political is also considered to foster infotainment shows in the midst of people's worries about the increasingly uncertain political situation, especially the corruption news that has filled the labyrinth of society, more saturated, so that people seek entertainment on television through infotainment shows.The lack of favor towards the conscience and the morality of society, thereby crashing into the corridor of mass media function, encourages media owners to tend to display something of added value in society, by denying the educational function, providing useful information and influencing the society with more cosmopolitan thinking. This is the serious problem faced by this nation, and has not obtained law enforcement as regulated in legislation. In this case, the Indonesian Broadcasting Commission which has repeatedly reprimanded and gave strong warnings against television stations that broadcast infotainment shows inappropriately, merely to rebuke and commemorate, without being able to bring it into the realm of justice. The inherent strength of capital accompanied by the social political power of the media owners, have made all violations and crimes in the mass media unfolded without ever being touched by the law. Keywords: People behavior, media ethics and infotainment shows on television

MEDIA SOSIAL SEBAGAI RUANG PUBLIK ANTARA NETIKET DAN NETIZE

Form of communication that thrives on social media, users or citizens of social media termed as netizen were not wise enough in using their language style so that it causes the ethical problems of communication. The problem of communication ethics that began in cyberspace continues to be legal issues and many disputing parties choose to solve the problems of communication ethics violations into the legal issues in the realm of justice. Social media as new media is also called as the fifth pillar of democracy as deemed able to perform the functions of the mainstream media and even correct the existence of the mainstream media which has the force of law and untouchable. And there is none of the institutions that belong to third pillar of democracy is dare to correct. It is different with social media as the fifth pillar of democracy, where the social media people are very observant and decisive in response to the mistakes of the mainstream media. The watch dog function, has now moved to citizens social media with massive in the quiet room attractively run the control in various aspects of people’s real life. The world of taboo to correct the mistakes of the mainstream media has now become a reality in one attitude and one word to enforce the truth.

The US in Justice. Liberal Criteria for Exclusion and Inclusion

The current debate between national and cosmopolitan liberalism has reached a dead-lock because of the importance they both award to culture in the realm of justice. This paper analyzes both proposals considering only the extent to which they achieve liberal objectives. On the one hand, cosmopolitanism reveals to be illiberal: Sen argues that the only way to warrant plurality is through an external eye in order to avoid dangerous localisms, which cancels cosmopolitanism´s proposal as it is based on a unique metaphysical conception of the human being. On the other hand, national liberalism may occlude justice as fairness if the cultural and essentialist identity that shapes the state creates hurdles for distributing wealth within the national society: albeit nationalism has largely been efficient as the basis for fairness, with the advent of free-trade economy, the nation-state has lost the means to control its peolpe´s future.This paper holds the hypothesis that it is not cultural sympathies that allow voluntary cooperation within the state, but it is the possibility of justice that creates common sympathies within the population. Therefore, beyond any cultural considerations, a liberal state must be defined only by the extent to which it fulfills the ethical, material and spatial requirements of justice as fairness.Area: Political Theory.Keywords: Liberalism, Transnational Justice, Nation-State, Cosmopolitanism, Justice as fairness.

Recognition and Justice

Paul Ricœur devoted much of his last ten years to studies and analyses of justice and recognition. This paper will trace the indelible bonds between justice and recognition and claim that recognition is a necessary condition for justice and that justice is the telos or goal of recognition. I begin this paper with a review of the multiple meanings of recognition in the two famous French dictionaries, the Littré (1859-1872) and the Le Grand Robert (1985). In his book, The Course of Recognition (2005), Ricoeur groups recognition under three headings, recognition as a form of knowledge or cognition (epistemological), self-recognition, and recognition of the other on the social and judicial level.The complexities of the meanings of “to recognize” and “recognition” are important in their roles in the realm of justice. I include in the concept of justice, the judiciary, both civil and criminal; distributive justice; and, social and political justice. For each one of these, there are multiple meanings of recognition that are important to understanding their foundation and their scope. There are meanings of recognition that are relevant to other aspects of social justice as the recognition of marginal, oppressed, devalued, groups as deserving of being treated as equals. The structure of my paper is to go through the various meanings and categories of meanings of “to recognize” and “recognition.” I give an account of each of the types of justice and show how various kinds of recognition are relevant to each kind of justice.

When (In)security travels: Europeanization and migration in Poland

ABSTRACTThis article investigates in what way the enlargement of the European Union and EU conditionality have brought about a change in the way state institutions and bureaucracies define, reproduce and deal with security issues. It is based on the assumption that the definition of an extraordinary threat for internal security by terrorists, migrants and organized crime, and their presentation as an existential threat for societal peace, follows the logic of securitization as a practice that is both discursive and institutionalized in practical actions. Since the new member states had to submit to a homogenizing process of Europeanization in the realm of Justice and Home Affairs, they also had to internalize the EU-15's concept of the ‘threatening other’. Hegemonic imaginations of (in)security thus ‘travel’ from the centre to the periphery and are translated and adapted, thus inspiring a socialization process and creating a tension which bureaucrats have to reconcile in their everyday work.

Japanns Lay Judge System: Expectations, Accomplishments, Shortfalls, and Possible Expansion

Japan’s efforts over the past decade to integrate citizens into its criminal justice system represent one of the most fascinating modern experiments in judicial reform. In 2009, when Japan formally reintroduced lay participation into criminal trials after a six decade hiatus through its or “saiban-in seido” or lay judge system, the domestic stakeholders affected by this change greeted the new quasi-jury system with mixed messages. Political reformers, bureaucrats, many attorneys, the Japan Federation of Bar Associations (“JFBA”), and scholars were excited and encouraged about the potential of the new system. Conversely, the majority of Japanese citizens, the courts, the media, and others were much more critical. These skeptics contended that Japan’s reforms and sizeable investment in citizen participation would be futile based on cultural traditions and institutional impediments. At the same time, there was much interest in the judicial reforms and new lay judge system outside of Japan. Countries across Asia and around the world watched the move towards greater democratic participation in the judicial system with much anticipation. Going forward, the world will continue to study the country’s involvement of average citizens in the judicial decision-making process. As the lay judge system has reached its fifth anniversary of operation, now is an excellent time to scrutinize its accomplishments and shortfalls. This paper will explain how Japan has accomplished, at least in part, the original goals underlying the lay judge system, including making the justice system “easier to use, easier to understand, and more reliable.” It will also examine how Japan’s new lay judge system has increased citizen interest in the judicial process and largely enhanced citizens’ trust in the legal system. Additionally, this paper will explore the challenges facing the system and discuss whether additional steps might be taken to more fully advance these goals, including the expansion of citizen participation into the civil justice realm.