State Justice Research Articles

Uttar Pradesh Police: Reforms and Employment Status

An essential part of the state's legal system is the police force. Most people associate the word "police" with state personnel whose duty it is to maintain order, especially when it comes to the ordinary application of the penal code.More than just keeping the peace and catching criminals, today's police officers also help with traffic laws enforcement, crowd control at events like rallies and fairs, supporting emergency services like the fire department and flood rescue teams, and mediating small disputes between members of the public. An essential component of the state's justice system is the police. The word "police" mostly refers to state employees whose job it is to uphold law and order, particularly through the execution of the regular criminal code. In addition to preventing crimes and apprehending offenders, police officers nowadays also assist with other welfare tasks such as assisting with traffic regulations, managing crowds at public events and meetings, supporting fire departments and flood rescue teams, and assisting members of the public in resolving small conflicts.

Epistemological features of synthetic biology in the context of the typology of scientific rationality by V.S. Stepin

The article examines the epistemological role of synthetic biology in the context of the transformation of forms of scientific knowledge. The main focus is on technoscience and synthetic biology, the grounds for its use as a representative of the current stage of scientific knowledge development. The author defines synthetic biology, its goals, methods, and general status in the system of scientific knowledge, and also examines both the existing and possible epistemological usefulness of this scientific branch. Attention is paid to the logical justification of the paradoxical states of synthetic biology. The results reflect the possible forms in which the epistemological usefulness of the scientific direction will be most relevant.

Эвиденциализм, тезис Фантла-Макграта и аргумент от ошибки

The paper aims to show that the example given by J. Fantl and M. McGrath (2002) that pragmatic considerations regarding the risk of attributing the desired epistemic status to a given belief in a given situation affect the very concept of «epistemic fact» and as a consequence, we must abandon evidentialism, as a general concept that the necessary and sufficient conditions of justification are determined solely by the available epistemic data, does not achieve its goals. Taking into account J. Kvanvig's position that the problem of «pragmatic encroachment» could be reduced to the notion of «the false presupposition about the value of knowledge» (2011), we may say that this is not a problem of epistemic rationality, but a problem of the sufficiency of epistemic justification in situations where the risk of making a mistake is just another factor that emphasizes the fundamentally subjective nature of epistemic status attribution to a belief. As a consequence, we see the J. Fantl’s and M. McGrath’s argument as a form of the skeptical argument «from error», which is solved by pointing out on the fundamental difference in the «volumes» of epistemic data within situations that the person introspectively draws for himself, assuming whether he knows or not. Such an interpretation does not threaten evidentialism at all.

Understanding language rules in Ruth Garrett Millican's biosemantics

The purpose of this study is to clarify how the rules of language are understood in Ruth Garrett Millikan's biosemantics. The specificity of the biosemantic language research program is that the language functions and norms are defined by analogy with biological ones. The function of the normal using language structures is to stabilize them and preserve the current usage. The philosophical foundation of Millikan's biosemantics is naturalistic realism, which includes the belief in the existence of real types and real categories independent of theory. Every person has abilities to recognize and track the same things at their variety– unitrackers, as well as unique individual interconnections of various aspects of information about the same things – unicepts. Moreover, Millikan's philosophy of language is based on the understanding linguistic signs as natural conventions; on usage-based theoretical approaches in linguistics; on the classical correspondence theory of truth and the related understanding of meaning as based on conditions of truth or justification. If rules are understood as unambiguous algorithms or prescriptions observed by the absolute majority, the violation of which necessarily entails the application of sanctions, then, for Millikan, the language conventions are not rules. But the patterns of the sign presenting onto the reality it signifies are rules in that the truth or justification conditions for the sign use can either be met or not, and an utterance using this sign fulfills its stabilizing function only in the first case.

Defensive Killing by Police

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (2) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system.

ОБМЕЖЕННЯ ПРАВ ТА СВОБОД ЯК ЕЛЕМЕНТ КОНСТИТУЦІЙНО-ПРАВОВОГО СТАТУСУ ОСОБИ

The phenomenon of restriction of the rights and freedoms of a person and a citizen has been studied as a component of the institution of the constitutional and legal status of a person. The purpose of the article is to establish the peculiarities of the regulation of relations arising in connection with the restriction of the constitutional rights and freedoms of a person and a citizen. It was established that the constitutional and legal status of a person and a citizen, as well as the limitation of rights and freedoms as its component, has features common to all states, as it is largely based on generally recognized international standards. At the same time, a specific state or group of states may have its own specificity determined by historical and cultural features. It was revealed that the possibility of restricting the rights and freedoms of a person is provided for in the constitutions of almost all states. The relevant grounds, as a general rule, are the introduction of a state of war or emergency in the country or its parts. The scientific position is supported that the normalization of relations that arise in connection with the restriction of rights and freedoms is important, because in this way the state exerts influence not only on an individual, but also on the life of the entire society. Therefore, the approaches of the state and the attitude of society to the limitation of individual rights largely reflect the nature and essence of the relationship between a person and the state in the context of the formation of a democratic civil society and the rule of law. Based on the results of the analysis of international acts (Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, ECHR) and the practice of the ECtHR, the conclusion was formulated that restrictions on the rights and freedoms of man and citizen are necessary for civil society, with the caveat that such restrictions/interventions have be justified The conditions of such justification have been clarified - the restriction/intervention must be carried out legally, with a legal (legitimate) purpose, in the interests of a democratic society. At the same time, it is necessary to ensure a balance between social and state necessity and the needs and interests of the individual as a bearer of constitutional rights and freedoms.

Some Comments on the Productivity of Dichotomies in the Current Arena of Ideological Confrontations

The history of the development of human communities opens up a large number of chapters of the alliance of rationality and power. The determining power of the implementation of elements of purposeful rationality at the political level is almost always represented by the legitimation of a certain type of interest associated with the greatest power to enforcing them. The primary goal of this paper is in an endeavour to place the normative nature of current (democratic) political regimes where we encounter the need for a more fundamental theoretical argument that would enable us to respond to their dynamic, often contradictory development. We focus on the productivity of dichotomies in the theory and practice of rationalism, irrationalism and liberal democracy. Their interaction in fact defines and creates the conditions for experimenting with different forms of political structures in the search for a better human and the world. At the same time, its performance not only defines the conditions for the theoretical justification of the idea of power, but also becomes a tool for its implementation. The theoretical background of this approach develops monitoring the content turbulences in the political systems of liberal democracies, with an emphasis on political life in Slovakia. Hence, in the present study, in the context of possible effects of the infectious disease COVID-19 on the activities of individual political actors, we point to a unique experience that contributes to addressing the issue of the way of establishing "softer" forms of political communication instead of political struggle, especially at the level of relations between the conservative, socialist, and liberal party-political communities not just in Slovakia, but also in other countries around the world.

The Jordanian Issue of National Self-Identification – the Perspective of the Jordanian National Charter and Basic Laws from 1923 and 1947

Jordan is an Arab state that commenced its existence in 1921 as the Emirate of Transjordan. Its establishment resulted from a political game between the British and prince Abdullah from the House of Hashemite. The only justification for a separate state with the capital in Amman was the reign of the Hashemites in this area. In 1991, during democratization of the kingdom’s political system, the Jordanian National Charter was proclaimed. This document summarized the postulates and opinions of the Jordanian society. The analysis of selected passages from the Charter indicates complete dominance of pan-Arab thought among the authors of the text. It is also necessary to indicate frailty of Jordanian identity, despite several decades of the state’s existence. The article indicates the abovementioned dependencies and the fact that the dynasty authority remains the primary aspect of distinctiveness.

KARCENIE MAŁOLETNICH – KONTRATYP CZY EKSKULPANT? UWAGI DE LEGE FERENDA

The article is devoted to the assessment of the discipline of minors in terms of the criminal law. The offered considerations are focused on the future. In the author’s opinion, the use of non-pedagogical punishment in the educational process cannot be considered a legal activity due to the lack of the educators’ approval. The author tries to determine whether it is justified for the legislator to introduce into the legal system a justification of or an excuse for punishing minors. In his opinion the use of non-statutory justifications by the judicial authorities is unacceptable in a democratic state ruled by law – it is necessary to look for other instruments that would allow to exclude the criminal liability of parents or guardians who discipline their charges. Evidently, the use of nonpedagogical punishment is still common in the society. Therefore, disciplining minors is analyzed in terms of meeting the conditions of justification and excuse. The conducted system (a justification or an excuse), which, depending on the value of the child’s interests sacrificed by discipline, would exclude the unlawfulness of the disciplinary conduct or the guilt of a parent/guardian.

A case for the provision of assisted dying in prisons founded on the right to self-determination: Creating equivalence between prisoners and non-prisoners?

This article makes the case for the provision of access to assisted death in prisons, founded on the right to self-determination under Article 8(1) ECHR, in order to create equivalence between prisoners and non-prisoners. It considers possible State justifications for interferences with the right under Article 8(2) and whether they would meet the Convention standards of legality and proportionality. In relation to proportionality, it is argued that the foundational basis for restrictions on assisted dying imposed on both the general and prison populations derives from the concept of human dignity, a concept which is also fundamental to prisoners’ rights. Under the banner of proportionality, from an initial presumption of equivalence of access to assisted dying, the article identifies certain conditions inherent in the prison situation that inevitably oppose human dignity and which provide a plausible basis for divergence. Ultimately, it is concluded that an absolute bar on provision of access to assisted dying in prisons cannot be justified, but that the factors that undermine dignity in prison could justify a degree of divergence from creation of equivalence between the prison and the non-prison populations in terms of such access.

Child welfare, Indigenous parents, and judicial mediation

AbstractCan judicial mediation within a settler state's justice system improve the experience of dealing with child welfare services for Indigenous parents? Interviews with social workers, lawyers, and judges in the Canadian province of Quebec yield little basis for optimism. Adapting judicial mediation will not suffice to decolonize dispute resolution between Indigenous individuals and the state. Mediation fits uneasily with the severe power disparity in this setting. Moreover, the cautious nature of participants’ recommendations signals the limited adaptive capacity of the settler state's system of civil justice. The recommendations exemplify relatively superficial accommodation, rather than deep engagement with legal pluralism and Indigenous difference. Constraints on the state system's ability to adapt are both legal and cultural. This study contributes to literatures on Indigenous and colonial legal cultures in relation to child welfare, on access to justice for Indigenous peoples, and on mediation in Canada and elsewhere.

Knowledge by constraint

AbstractThis paper considers some puzzling knowledge ascriptions and argues that they present prima facie counterexamples to credence, belief, and justification conditions on knowledge, as well as to many of the standard meta‐semantic assumptions about the context‐sensitivity of ‘know’. It argues that these ascriptions provide new evidence in favor of contextualist theories of knowledge—in particular those that take the interpretation of ‘know’ to be sensitive to the mechanisms of constraint.

An accident right before the finish of the first stage of the 77th edition of the Tour de Pologne – legal characterisation of the accident through the prism of criminal law

On August 5, 2020 the first of five stages of the 77th edition of the Tour de Pologne took place. In the final meters of the first stage of the race around Poland, an unfortunate accident occurred. Jumbo-Visma rider, Dylan Groenewegen, who fought for the victory, deviated from his line and by going to the right prevented Fabio Jakobsen from riding and finishing the race. As a result, the Deceuninck-Quick-Step cyclist hit the barriers at high speed and suffered very serious injuries. Fabio Jakobsen, a talented cyclist, was taken to hospital in a severe condition. One of the judges who stood nearby and handled the photocell as well as numerous cyclists from the peloton were also seriously injured. By the commissaires’ panel decision Dylan Groenewegen was disqualified and excluded from further competition. The Union Cycliste Internationale considered the cyclist’s behaviour unacceptable and referred the matter to the Disciplinary Commission, to request the imposition of sanctions commensurate with the seriousness of the facts. It will be extremely difficult to determine that the injuries suffered by Fabio Jakobsen in the crash at the finish of the first stage of the 77th Tour de Pologne were caused under the conditions of sport risk justification.

On Trade Justice, Power and Institutions – Some Questions for Risse and Wollner

Abstract While Risse and Wollner make an important contribution to theorising global justice and trade, I identify certain concerns with their approach and suggest an alternative that addresses these. First, I query their emphasis on subjection to the trade regime as a morally salient feature, suggesting their argument trades on an ambiguity, and fails to connect the trade regime, as a trigger, with their preferred account of trade-justice-as-non-exploitation. Second, I examine their treatment of the WTO, how they understand international organisations as inheritors of states’ obligations, and how far an organisation like the WTO can or should be self-consciously reoriented towards justice-as-non-exploitation. Third, I ask how their account is distinct from existing approaches, and whether it makes sense to apply the same conception of justice across diverse agents and institutions. I conclude by sketching an alternative approach, which makes the justification of states’ policies to outsiders the central problem of trade justice.

Possibility Implementation Analysis of the Smart Grid Network in a Current State Conditions of the United Energy Systems of Ukraine

The paper analyzes the current state of the energy system of Ukraine and the efficiency of generation and transmission of electricity. The analysis of the best world practices shows that the active development of modern technologies of energy accounting allows: to bring to a fundamentally new level the quality of data collection and analysis of consumers’ energy consumption; increases the efficiency of operational management of energy assets; promotes the active involvement of energy consumers in the processes of regulating their own energy consumption. Ukraine's energy system has been in operation for quite a long time, and it is difficult for it to withstand the load of modern times. The high level of wear of the main and auxiliary equipment of the power system and the uneven distribution of load in the network often lead to emergencies and power outages to consumers. Undoubtedly, increasing the efficiency of electricitygeneration and supply is an important and urgent task for Ukraine's energy sector. One of the modern and innovative concepts that can significantly affect the quality of electricity transmission is Smart Grid technology. This technology and its capabilities are not new. But the problems that accompany the widespread introduction of Smart Grid in the energy market of Ukraine do not have an unambiguous and effective solution. In this regard, this paper proposes to consider and discuss several scenarios for the implementation of Smart Grid in Ukraine, with an overview of their advantages and disadvantages. In particular, this is a scenario of monitoring and point-by-point implementation of certain Smart Grid technologies; scenario of development of existing and creation of new competencies in the field of Smart Grid; scenario of development and re-implementation of a comprehensive national program of innovative development of electric power on the basis of the Smart Grid concept. The ways of mathematical formulation of the Smart Grid optimization problem using the Data Science approach based on the machine learning system and neural networks are determined separately. These include Big Data processing methods, Data Mining, statistical methods, artificial intelligence methods, and Machine Learning. Data Science includes methods of designing and developing databases and application software. The main practical purpose of the scientist's work is to extract useful information for business from large arrays of information, identify patterns, develop and test hypotheses by modeling and developing new software, and therefore are necessary and sufficient conditions for theoretical justification of practical implementation of Smart Grid in Ukraine.

Orthodox Christianity and War

The subject of this article is the Orthodox Christianity’s approach to war. Christians of other denomination have developed an elaborate theory of war, so-called “Just War Theory” (JWT), which has also been accepted by non-Christians and even secular thinkers regarding the nature and justification of war. A vast literature has been produced in a dire attempt to render perfect the world by insisting on the claim that war is the act of punishment for breaking the law. The result is an epistemological ease from which everything seems evident in advance including who is right and who at fault, who is and who is not favored by God. By removing from war an essential feature – that it is a form of conflict – JWT takes away the concept of reciprocity and introduces an in advance declared inequality which enables removal of uncertainty about the war’s outcome. In Orthodox Christianity, the situation is different. With still live debate whether to persevere or abandon original Christian pacifism, for Orthodox Christianity, war is always a combination of cataclysm and temptation and far less Manichean than anything present in JWT. The aim of war is peace; but, however necessary, justice is an insufficient condition for justification. The difference between “justness” and “justification” is preserved through the uncertainty whom God, at war’s end, loves more, because both victors and vanquished remain and continue to be in His grace. Losing a war, as such, does not turn the vanquished into criminals, nor does victory give the vanquisher the right of revenge for defending oneself. The latter approach to war has significant potentialities: preserving the distinction of ius ad bellum and ius in bello, preserving reciprocity, mutual respect and trust, impossibility of incrimination of war per se, the possibility of honorable defeat, etc.

The Operational State Justification of the Building of the Station Unit of Zagorskaya PSPP-2

The Operational State Justification of the Building of the Station Unit of Zagorskaya PSPP-2

Musculoskeletal Driver Model for the Steering Feedback Controller

This paper aims to find a mathematical justification for the non-linear steady state steering haptic response as a function of driver arm posture. Experiments show that different arm postures, that is, same hands location on the steering wheel but at different initial steering angles, result in a change in maximum driver arm stiffness. This implies the need for different steering torque response as a function of steering angle, which is under investigation. A quasi-static musculoskeletal driver model considering elbow and shoulder joints is developed for posture analysis. The torque acting in the shoulder joint is higher than in the elbow. The relationship between the joint torque and joint angle is linear in the shoulder, whereas the non-linearity occurs in the elbow joint. The simulation results qualitatively indicate a similar pattern as compared to the experimental muscle activity results. Due to increasing muscle non-linearity at high steering angles, the arm stiffness decreases and then the hypothesis suggests that the effective steering stiffness is intentionally reduced for a consistent on-center haptic response.

THE AMBIGUITY OF EXPERTISE IN THE ADMINISTRATIVE STATE

AbstractWhen the modern administrative state emerged in America during the Progressive Era, at the beginning of the twentieth century, it was typically grounded on the premise that administrative officials are experts who should be insulated from politics. This theory, combined with emerging ideas of scientific management, contributed to the intellectual justification for the administrative state. However, progressives never fully reconciled the tension between this theory and the democratic nature of American politics. Because of this ambiguity and tension in the progressives’ theory of expertise, the politics/administration dichotomy was abandoned shortly after the administrative state was constructed. The place of expertise in the administrative state is still ambiguous, even in the twenty-first century.

Epistemology Naturalized: Quine's Intervention in the Debate Concerning the Problem of Knowledge

The present paper attempts critical navigation of what could be referred to as the Quinean Intervention in the debate concerning the problem of knowledge. This problem easily represents the central concern of traditional epistemology, particularly since the modern period. Its retrospective statement finds expression in the ancient definition of knowledge as justified true belief (JTB). Among the problems easily identified with the traditional conception of knowledge is the problem of exhaustive or conclusive justification, which is to form the base of the structure of knowledge. Philosophers across the spectrum of discourse have risen to respond to the problem. Prominent among the position is foundationalism and coherentism as theories of justification. However, these theoretical representations are never able to proffer conclusive justification condition; and so, the traditional problem of epistemology has remained largely unresolved. Several alternatives have therefore been proffered by philosophers across the board. One of such is the project to naturalize epistemology – a programme famously identified with W.V.O. Quine. The paper examines Quine's position to move epistemology from philosophy to psychology. This project, the paper argues, stripped epistemology of its normative status, and therefore cannot be regarded as a philosophical proposal, as philosophy is essentially prescriptive not descriptive, matters of ought not matters of is or matters of values not matters of fact. For this reason, the paper rejects the Quinean project, describing it as a non-epistemic response to an epistemological problem. The paper employs the philosophical method of analysis, clarification and criticism, combining this with the method of reconstruction and clarity.