Standards Of Justice Research Articles

Supporting Teachers’ Engagement in Pedagogies of Social Justice (STEPS): A Collaborative Project Between Five Universities in Turkey and the USA

            This paper reports the findings of a research project titled Supporting Teachers’ Engagement in Pedagogies of Social Justice (STEPS), in which pre-service teachers from five universities and in-service teachers from Turkey and the US participated in a six-week-long virtual exchange project. The main objective of the study was to promote social justice-informed pedagogies in K-12 schools through professional development and conversations between pre-service and in-service teachers from two countries. The study addressed the following research question: How does a six-week virtual exchange project influence in-service and pre-service teachers’ social justice orientation? For this purpose, we collected quantitative data through a questionnaire based on social justice standards developed by a group of researchers called “Learning for Justice”. Participants completed this questionnaire before and after their participation in the project. Additionally, we asked the participants to write a reflection post at the end of the project regarding its impact, and we treated their posts as qualitative data. At the end of the analysis, we found that the mean scores of the post-test results were significantly higher than those of the pre-test results, which indicated that the project changed the perspectives of the participants in a positive way. Furthermore, analyzing the qualitative data, we found four recurring themes: a) learning through sharing and working in collaboration, b) noticing common concerns with other educators, c) self-awareness and self-evaluation, and d) promise for taking action.

Sytuacja prawna ofiary przestępstwa w postępowaniu wykonawczym w perspektywie sprawiedliwości naprawczej

The article is devoted to the legal situation of a crime victim in the course of executive penal proceedings. The starting point for the considerations was the statement that Goffman’s concept of total institutions and the resulting negative consequences, such as the effects of deculturation or deprivation affecting inmates, are still valid in relation to Polish penitentiary units. It is considered that restorative justice can be an effective instrument for the transition from a total institution to its negation, that is, a permeable institution, especially insofar as it promotes tools for victim and community activation in criminal proceedings. Therefore, the situation of the victim in the current model of executive proceedings was analyzed from the perspective of the possibility of implementing the idea of restorative justice. The subject matter of the article is not limited only to a synthesis of the victim’s rights under the current Executive Penal Code. The provisions normalizing the rights of the victim were analyzed in the context of the whole Code regulation and with reference to the earlier stages of criminal proceedings. In this way a complete and actual picture of the victim’s situation at this stage of criminal proceedings was presented, which was then compared with the standard of restorative justice. The critical analysis made it possible to identify the shortcomings in the current regulation of the victim’s legal situation and to outline the direction in which the legislator should proceed in order to achieve the standard of restorative justice, which will make it possible to increase the permeability of penitentiary units and thus minimize their total character.

Standards of fair justice and their relationship to standards of proof in criminal proceedings

The purpose of the article is to define the concept, system and content of fair justice standards and outline their relationship to standards of evidence in criminal proceedings. The purpose of the study is to reveal the content of the right to a fair trial, distinguish fair justice standards and establish its relationship with standards of evidence in criminal proceedings. The research methodology consists of comparative law, structural system methods and formal legal methods. The study found that testing standards are covered by justice standards, expanding, specifying, and clarifying their content. The content of the fair justice standards "examination of the case by an independent and impartial tribunal established by law", "adversarial procedure", "equality of the parties", "frankness of the examination of evidence", "presumption of innocence" and reveals the "motivation of judicial decisions". It is concluded that each of these concepts is a heuristic contribution to test standards. As a result of the study, the author's definition of the concept of "fair justice standards" is formulated and the concept is based on its relationship with the standards of evidence in criminal proceedings.

Proportionality of response to criminally illegal behavior of minors

Modern international standards indicate that the basis of criminal law policy to prevent juvenile delinquency should be a child-friendly juvenile justice system. This system focuses on the application of alternative and non-criminal sanctions (warning, reprimand, restitution and compensation).
 Based on international standards of juvenile justice, we can note their focus on ensuring the best interests of the child, the predominance of sanctions and measures that may have an educational impact, compensation for damages, creating conditions for reconciliation of victims and offenders and eliminating the consequences of crime, ensuring a meaningful life of a teenager in society.
 Juvenile sentencing is more loyal approach and shown in comparison with adults with regard to property penalties (if the minor has income or property) (parts 1, 3 of Article 99 of the Criminal Code of Ukraine), reduced limits of punishment (parts 1, 2 of Article 100, 101, part 1 Article 102 of the Criminal Code of Ukraine), restriction of using of imprisonment depending on the gravity of the crime and the characteristics of the juvenile.
 It is established that in addition to ensuring the best interests of the child and the use of as many non-punitive measures as possible against juvenile, it is also necessary to pay attention to other circumstances of the case. In particular, a balance must be struck between the best interests of the juvenile and a proportionate response to his or her behavior. In particular, it is necessary to take into account the repeated commission of criminal offenses, as well as the one-time application of incentive rules to juvenile. And pay attention to alternatives to imprisonment that may be more effective. In particular, mediation and rehabilitation practices can be more effective.

Ethnolinguocultural Specifics of the Russian Concept "Court": Based on Proverbs

The article considers the value component of the concept "court" in the Russian everyday linguistic consciousness based on the corpus of proverbs of judicial subjects. The ambiguity of the perception of the concept of "court" by ordinary legal consciousness is revealed. The linguistic means of positive and negative evaluation of the court are recorded. Evaluative language means express oppositions of ethno-cultural moral and ethical concepts: "(not)truth" / "lie", "(not)justice", "offense", "(not) righteousness", "good" / "evil". In everyday linguistic consciousness, the standard of justice is represented as a right, direct (objective, fair, lawful) court, carried out by a kind, righteous (honest, fair, conscientious, decent, law-abiding) judge, subject to the operation of the law (saint, peacemaker). The provision on the unconditional opposition of the ethical and legal aspects of the Russian linguistic consciousness is corrected: the conceptual syncretism "truth – justice – legality" is revealed.
 
 V. Popova. Ethnolinguocultural Specifics of the Russian Concept "Court": Based on Proverbs
 
 The article considers the value component of the concept "court" in the Russian everyday linguistic consciousness based on the corpus of proverbs of judicial subjects. The ambiguity of the perception of the concept of "court" by ordinary legal consciousness is revealed. The linguistic means of positive and negative evaluation of the court are recorded. Evaluative language means express oppositions of ethno-cultural moral and ethical concepts: "(not)truth" / "lie", "(not)justice", "offense", "(not) righteousness", "good" / "evil". In everyday linguistic consciousness, the standard of justice is represented as a right, direct (objective, fair, lawful) court, carried out by a kind, righteous (honest, fair, conscientious, decent, law-abiding) judge, subject to the operation of the law (saint, peacemaker). The provision on the unconditional opposition of the ethical and legal aspects of the Russian linguistic consciousness is corrected: the conceptual syncretism "truth – justice – legality" is revealed.

Mapping out the path ahead for corporate criminal procedure law in People´s Republic of China

The tale of procedural fairness is, by now, familiar and well worn. People ́s Republic of China criminal system of justice, which is currently gearing towards the pathway of procedural fairness, has (for the better or for the worse) attracted a wide global gaze. Irrespective of the underlying fairness (or the lack thereof) of the grievances brought forth by a worldwide phalanx of critics, China is steadily toiling towards the path of procedural justice, which is rooted firmly in the Rule of Law. Whilst procedural justice and procedural fairness map seamlessly on to the context of corporate criminal procedure law, there is bevy of critical questions that are in dire need of being consistently addressed nonetheless. One which is whether and to what extent politically- charged tools, which seemingly belie the western-borne concept of separation of powers (as the Supreme People ́s Procuratorate Guiding Cases and, to some degree, Supreme People ́s Court Judicial Interpretations) are amenable to forge the path ahead to meeting the fundamental tenets of due process in corporate criminal procedure law in Mainland China. Against this background, this paper aims to answer two sweeping research questions. Firstly, the degree to which corporate governance (and corporate compliance) subdues (and foremost trumps) corporate criminal liability. Secondly, whether and to what extent SPP Guiding Cases have catalyzed a seismic shift in People ́s Republic of China criminal procedural law. Conversely,one central contention of this paper is that a set of fairness-fraught corollaries can be withdrawn from SPP Guiding Cases with a view to map the path forward to fulfilling the baseline standards of both procedural fairness and procedural justice in People ́s Republic of China corporate criminal procedure law.

Особливості кримінальної відповідальності та покарання неповнолітніх: реалії та перспектива

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

Protagora i Kalikle: politički preobražaj polisa i dva sofistička odjeka u platonovim delima

By comparing Protagoras’ and Callicles’ arguments, the author outlines two accounts that respond to the questions raised by the changing social realities of 5th century BC Athens. The two sophists’ views are comprised of several complementary elements: 1) viewing humans as beings driven by pursuit of pleasures and avoidance of pain; 2) distinguishing law from nature; 3) views of morality as grounded in nature; 4) demanding that laws be adjusted to natural standards of justice and good life. A key point of disagreement can be found in Protagoras’ myth, where he distinguishes between natural principles that apply only to humans and those that pertain to the rest of the natural world. This draws an important distinction between Protagoras and Callicles: Protagoras’ democratic man seeking to influence the outcomes of collective political decision-making in an egalitarian community is contrasted by Callicles’ aristocrat who is meant to freely govern over their inferiors.

Правовое регулирование сохранения культурных ценностей в рамках частного права в эпоху искусственного интеллекта

Neither every dramatic change in ways of production and living, nor the renovation of cognition and culture in human history are not the result of science and technology revolution. Private law culture, important part of human organizational culture and legal culture, is based on humanity, freedom and equality, justice, order and harmony. Present Artifi cial intelligent revolution will not only change human way of living and developing, but also affect private law culture dramatically and destructively, which will affect human beings as a whole and may lead to devastating destroy to humans. Firstly, individuals become digital persons under two-tier space structure, under which self will not be an end, but a device and means to be used by humans. Humans and machines coexist, which promotes artifi cial machines to become subjects, to a great extent. The modern somatic technology may create somatic, emotional or intelligent supermen, furthermore, an inequality between supermen and normal humans will result in reifi cation and objectifi cation of the latter. Secondly, data hegemony may arise from the algorithms and data which are becoming resources, which will make natural persons lose privacy, personal lives, personal space and critical abilities, in the end, natural persons will become transparent ones, furthermore, freedom of the private law will be fading away. Thirdly, data decision-making replaces human decision-making, and algorithm equality replaces formal equality. However, the algorithm black box, the value deviation of built-in program code and deep learning of intelligent machines may lead to permanent prejudice and discrimination against subjects, giving rise to overused algorithm, completely challenge and deviate from fairness and justice that private law seeks for. Therefore, it is necessary to prevent the theories systems and rules the private law from losing cultural values so as to develop high technology, live up to the expectation of humans for a better life, and produce an orderly and harmonious society, which is an important goal of developing an intelligent society: First of all, humans are the main users of technology. The negative effect of technology application is based on perception and morality of human beings. The loss of private law cultural values, caused by the development and change of precaution technology, forces people to consider related perception and ethics, absorb various cultural values, maintain, uphold and advocate technological humanism, guide the development and practical application of artifi cial intelligence technology with ethical goodness, construct scientifi c humanism, and integrate science -technology and humanity. Secondly, the value of justice is relative and developing, which requires integrating the concept of data justice, code justice and algorithm justice into the value and basic principles, providing a new standard of justice for the freedom and equality of the private law, weakening and eliminating data hegemony and algorithm discrimination so that free value and equality of the private law will be recovered. Finally, Related concepts and principles must be included in systems and rules so that the private law subject system is reshaped, the private law subject status of intelligent robots is accepted completely or partly, and the subject-object confusion caused by human-computer symbiosis is removed. Moreover, the legal behavior system must be changed so that the civil subject’s online and offl ine behavior and man-machine collaborative behavior are integrated and standardized, and the potential risks of the harmonious private law order are eliminated. Furthermore, legal right systems are updated and restructured, so that legal attributes and uses of data and information are redefi ned or reorganized reasonably, and the protection of data, information and privacy are strengthened. Last but not the least, the basic imputation principle and causality of civil liability must be renewed so that the liability risks caused by human-machine coordination and the independent behavior of intelligent machines are distributed reasonably, and compensation systems are improved.

Life or limb: an international qualitative study on decision making in sarcoma surgery during the COVID-19 pandemic

ObjectivesThe COVID-19 pandemic is unprecedented as a global crisis over the last century. How do specialist surgeons make decisions about patient care in these unprecedent times?DesignBetween April and May 2020,...

A Critique on the Book “Spheres of Justice: A Defense If Pluralism and Equality

In “Spheres of Justice,”Walzer offers an explanation of the principles of distributive justice based on an understanding of the meanings of the various social good. This explanation of justice is “pluralistic” and based on the idea of “complex equality.” Walzer’s point is that each area of social life has its own criteria for distributing social good, and one area should not be extended to other areas. The opposite of Walzer’s ideal justice is coercion and domination, which means the domination of the standard of justice in one area over other areas of social life. The diversity of the principles of the distribution of social good, the attempt to reconcile pluralism and equality, and the opposition to the domination of capital over the realm of political power are among the highlights of Walzer”s theory of justice. Walzer’s critics, on the other hand, argue that Walzer’s conservative nature makes him unable to take a clear critical stance on the wrong ways of distributing social good. Lack of a clear criterion for understanding the social criteria of the distribution of goods, the relativity of social meanings, and inability to provide a criterion for criticizing incorrect methods in the distribution of social good are among the most important criticisms of Walzer’s theory of justice.

Law, Morality, and the One-System View: A Response to T. R. S. Allan

Abstract: This is a response to a recent article by T. R. S. Allan. Allan makes several insightful observations about law and legal practice. As Allan correctly notes, (i) the moral evaluation of legal rules and institutions is carried out within legal practice and its traditions, and therefore the view that we can come up with practice-independent moral principles to evaluate the law is at least dubious; (ii) legislative enactments require judicial interpretation to determine their meaning and their incorporation within a democratic legal system; and (iii) law fulfils its functions, and allows for impartial resolution of disputes, by establishing public standards of justice that displace private judgments about political morality. In this reply, I suggest that—in contrast to what non-positivists like Allan would argue—each of these observations is either compatible with, or reinforces, a positivist view of law and legal institutions. Arguably, non-positivist views still have an advantage over positivism: they seem to fit easily with most citizens’ and officials’ judgments about legal obligation. However, positivism can offer an equally direct explanation of those judgments.

Ethical Review of Animal Research and the Standards of Procedural Justice: A European Perspective

Committees established for the ethical review of research involving animals have become a widespread legal standard around the world. Despite many differences in their composition, powers, and institutional settings, they share many common problems related to the well-established standards of procedural justice in administrative practice. The paper adapts the general theory of procedural justice to the specific context of ethical review committees. From this perspective, the main concerns over the procedural aspects of the ethical evaluation of research projects are identified and examined. They include in particular the standards of the committees’ composition, impartiality, fair hearing, appeal, transparency, and benevolence. Their proper reflection in the regulatory regimes of animal ethics committees is necessary to secure the standards of fairness of the ethical review itself. This, in turn, is a condition of the moral and social legitimacy of all administrative and quasi-administrative procedures, including the committees’ operations (irrespective of whether they are legally entrusted with the task of authorizing or only evaluating research projects).

Measuring Procedural Justice Policy Adherence During Use of Force Events: The Body-Worn Camera as a Performance Monitoring Tool

This study capitalizes on a successful researcher–practitioner partnership to conduct a systematic social observation (SSO) of police body-worn camera (BWC) footage in Newark, NJ. To demonstrate the utility of BWCs as performance monitoring tools, we measure officer adherence to procedural justice standards throughout use of force events as mandated in the Newark Police Division’s updated policies pursuant to an ongoing federal consent decree. Overall, a slim majority of use of force events are procedurally just. However, results indicate several instances of policy noncompliance. Results are discussed, and policy recommendations related to procedural justice policy violations and BWCs for performance monitoring are provided.

The Promise and Challenges of New Actors and New Technologies in International Justice

Abstract This article addresses the role of new technologies in the international justice and accountability landscape, drawing from research we conducted into new United Nations (UN) accountability mechanisms that have the explicit mandate to collect, collate, analyse and preserve evidence of international crimes according to criminal justice standards. The article is divided in four parts. First, we contextualize our research by discussing some of our findings and situating them against what we define as a ‘third wave’ of institutional developments in international justice, prompted by an ‘accountability-turn’ affecting civil society groups and UN mandates. Secondly, we discuss — using real-world examples — both the opportunities and challenges arising from the use of digital and new documentation technologies in the field. Thirdly, the article pays particular attention to the role of UN mandates affected by the ‘accountability-turn’; our research reveals such UN mandates now often sit at the heart of the ‘life cycle’ of information and evidence collected for justice and accountability purposes. In this section of the article, we also briefly discuss issues relating to third party control of information, in particular by social media companies. Finally, we discuss the need (and welcome initiative) to develop better international guidance and best practices for actors across the board in order to maximize the effective use of new technologies and digital evidence in international justice and accountability processes.

STANDARDS OF FAIR JUSTICE IN ECONOMIC COURTS IN CONDITIONS OF REFORM

The purpose of this article is to study the problematic issues related to the implementation of fair justice standards in economic courts and to develop possible ways to solve them. The article states that in connection with the proclamation of the course of integration into the European Community and the approximation of the Ukrainian legal system to European and world standards, the introduction into Ukrainian law of provisions that exist for some time in international law is one of the important steps towards this goal. Ukraine’s accession to international conventions, taking into account international case law are one of the conditions for Ukraine’s transition to full-fledged market relations, sustainable economic development, as well as ensuring stability in economic activity, which is the most pressing problem in modern times. It is emphasized that fair justice cannot be administered at the national level without defining the institutional system. That is, the judiciary can be only organizational and financially independent bodies that are created and operate on the basis of law. It is noted that the element of fair justice is possible to determine the principle of procedural equality of the parties, which is defined as an integral element by which each party is given a reasonable opportunity to participate in the proceedings. Emphasis is placed on the principles of competition, accessibility and publicity. It was emphasized that not only the consideration of the case in court, but also other elements of the proceedings should be public. Of particular importance is the availability of judicial acts for public review, the publicity of the final stage of the proceedings. It is noted that the elements of the standard of fair justice have their own characteristics, due to the level of economic and social development, national and cultural traditions. At the same time, it is emphasized that there is a convergence of justice systems, due to the common problems that arise in today’s globalized world. In Ukraine, standards of fair justice must be implemented taking into account national characteristics and traditions. Conclusions and suggestions are made.

Social justice-oriented activity models for young learner’s biliteracy development in a Korean language classroom

ABSTRACT This article presents seven social justice-oriented model activities for 1st and 2nd grade Korean-English bilingual students. Considering the age and language ability of the target students, two picture books addressing social justice issues were selected as a main instructional material for those activities. Through the suggested model activities, teachers are encouraged to link their language standards with social justice standards, select quality picture books, and create critical questions and activities that challenge students’ biases and develop empathy toward others while building target language skills.

Theory of judicial security

In this article, we have attempted to generalise the current theory of judicial security. We emphasised that traditionally the judicial security theory includes a set of scientific views on the security of the court, judge, justice system and participants in the trial, and the status of the Judicial Protection Service. We briefly described the history of judicial security and drew attention to the reforms of recent years. An analysis of international judicial standards has shown that the security of the judiciary correlates to its independence. We proposed an interdisciplinary adaptation of the judicial security methodology, considering the limitations of specialised research on the subject. As a result, we concluded that the lack of a sole methodological guideline produces uncorrelated changes in the judicial security system elements. To systematise the theory of security of the judiciary, we propose to consider the methodological basis of international standards of justice.

Applicability of the Alternative Dispute Resolutions in Criminal Matters in Tanzania

Alternative dispute resolution is currently widely accepted in the dispute settlement sector. However, its acceptance has been argued against because of several concerns about its effectiveness in criminal matters. This paper applied for documentary review under the premise of the applicability of the alternative dispute resolution in criminal matters in Tanzania. Under such general concern, the paper centered on two main questions such as the first is whether the alternative dispute resolution can meet the standards of criminal justice as expected. The second is the scope of the criminal matters which entitle the parties to employ the alternative dispute resolution instead of using the litigation. The paper observed that the application of alternative dispute resolution in criminal matters in Tanzania is limited in terms of the scope and effectiveness in rendering criminal justice. The paper recommends the amendment of the permitting laws to clear silence and loopholes therein.

Justice in the Covid-19 era Through the Prism of Judicial Power

The work is devoted to identifying the main problems in the field of the principle of legal proceedings in the context of the Covid-19 pandemic. The research applies the formal-legal, historical and legal, comparative and modeling methodology. The order and issues to be considered are as follows: in the first section, we will consider the challenges and threats to justice that emerged during the Covid-19 pandemic. In the second section, we will see the judicial experience during the pandemic in the context of the basic principles of the judiciary. In the third section, we examine the application of organizational and procedural principles of the judiciary during the pandemic crisis. In the final fourth section, we will assess the role of international judicial institutions and government bodies in optimizing the administration of justice in the context of the Covid-19 pandemic. As a result of the work, emphasizing the vulnerability of the judicial system and justice standards, the authors support the expansion of exchange of experience and cooperation not only at the state level but also at the level of professional communities of judges, in particular with the members and judges of the European Commission for the Effectiveness of Justice, the Advisory Council of European Judges, and the European human rights courts.