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Sample records for justice principles older

  1. Principles or imagination? Two approaches to global justice.

    NARCIS (Netherlands)

    Coeckelbergh, Mark

    2007-01-01

    What does it mean to introduce the notion of imagination in the discussion about global justice? What is gained by studying the role of imagination in thinking about global justice? Does a focus on imagination imply that we must replace existing influential principle-centred approaches such as that

  2. Principles of Economic Union. An Extension of John Rawls's Theory of Justice

    NARCIS (Netherlands)

    Wolthuis, A.J.

    2017-01-01

    In this article I uncover the principles of justice by which an economic union is to be constituted. For this purpose I extend John Rawls’s constructivist theory of justice to economically integrated societies. With regard to the principles I defend a twofold claim. First, the principles of economic

  3. The Administration of Justice in al-Andalus and the Principles of Justice in Constitutional Democracies

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    exanimating some of the distinctive elements of the Andalusian administration of justice and the role that specialized judges developed. The paper then exposes the meaning and scope of modern principles of justice, as prescribed by Article 10 of the Universal Declaration of Human Rights and in Article 14...

  4. Ends, Principles, and Causal Explanation in Educational Justice

    Science.gov (United States)

    Dum, Jenn

    2017-01-01

    Many principles characterize educational justice in terms of the relationship between educational inputs, outputs and distributive standards. Such principles depend upon the "causal pathway view" of education. It is implicit in this view that the causally effective aspects of education can be understood as separate from the normative…

  5. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  6. The notion and basic principles of restorative justice

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    Ćopić Sanja

    2007-01-01

    Full Text Available One of the most important achievements of the contemporary criminal justice system and criminal policy is development of the concept of restorative justice. Contemporary concept of restorative justice was developed in 1970s on the basis of the criticism of the traditional criminal law and criminal justice system. Since that time, it has been developing through different programs in many countries. Reform of the criminal justice system in Serbia staring from 2002 went into direction of entering elements of restorative justice into existing criminal justice system. In that sense, development of restorative justice is still at the beginning in our country. However, it can be noticed that there is a low level of awareness on the nature and importance of restorative forms of response to crime among our professionals, as well as a lack of understanding of the concept itself. Due to that, the aim of the paper is to enable better understanding of restorative concept in general through defining restorative justice and basic principles it relies on. That may put a basis for further recognition of restorative elements in our criminal justice system, which may provide adequate implementation of relevant provisions of restorative character in practice. .

  7. Legitimacy of the Restorative Justice Principle in the Context of Criminal Law Enforcement

    Directory of Open Access Journals (Sweden)

    - Sukardi

    2014-10-01

    Full Text Available This research reviews the essence of the restorative justice principle as an approach in the settlement of criminal cases, and it aims to provide an overview of the construction of the restorative justice principle in criminal law enforcement. The outcomes of the research indicate that the restorative justice principle has been subject to frequent study in its understanding as an alternative criminal case settlement method, by way of positioning outside the criminal judiciary system. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. Therefore, there is a need for a scientific investigation process for the purpose of determining the status of parties involved in a case, as well as for positioning the case concerned. Based on such view, the restorative justice principle appears to be the ideal approach to be applied in the criminal judiciary system.

  8. Social justice and the formal principle of freedom

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    Nikolić Olga

    2017-01-01

    Full Text Available The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek’s Law, Legislation and Liberty and Robert Nozick’s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1 the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2 the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant’s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant’s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

  9. Chiropractic and social justice: a view from the perspective of Beauchamp's principles.

    Science.gov (United States)

    Green, Bart N; Johnson, Claire

    2010-01-01

    Social justice in public health involves the process and product of a community acting to fairly distribute advantages and burdens to improve the health of its population and to reasonably take care of the disadvantaged. Although publications are available about chiropractic public health history, programs, and policy, the potential role of chiropractic in social justice has received little attention. This article discusses Beauchamp's 4 principles of social justice and suggests actions that the chiropractic profession may consider to participate in the practice of social justice in the field of public health. Copyright 2010 National University of Health Sciences. Published by Mosby, Inc. All rights reserved.

  10. Multilingualism as a Principle of the EU Court of Justice

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    Karina Kh. Rekosh

    2014-01-01

    Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the

  11. Revisiting public health preparedness: Incorporating social justice principles into pandemic preparedness planning for influenza.

    Science.gov (United States)

    Kayman, Harvey; Ablorh-Odjidja, Angela

    2006-01-01

    Public health professionals are responsible for ensuring the health of the nation, which requires that planners for public health emergencies recognize that not including protection for underserved or marginalized communities poses a risk to the entire population. To assure the protection of these populations in the event of a pandemic outbreak, preparedness planning will benefit from the application of several principles of social justice in assuring the protection of all individuals. This article will review the history between public health and social justice, provide a brief review of pandemic preparedness planning efforts, discuss the importance of and make recommendations for the incorporation of principles of social justice in the development of pandemic preparedness plans, and highlight some of the challenges faced by public health in effectively and equitably meeting its charge to protect the nation's health.

  12. Distributive principles of economic justice: an Islamic perspective

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    Zakiyuddin Baidhawy

    2012-12-01

    Full Text Available Poverty and impoverishment in the world currently continue to increase as aresult of distributive justice systems and its principles that became the basis ofcontemporary economics did not succeed in allocating and distributing resourcesjustly. Based on this problem, this study aimed at describing the Islamic responseto the problem of distributive injustice, and how necessarily the state played arole in upholding distributive justice. Through the thematic-induction method andthe synthetic analysis, the study finds out several findings as follows. Firstly,Islam formulated three principles of distributive justice as follows: 1 the Distributionof natural and the environmental resources was in the framework of participation;2 the Redistribution of the wealth and the income were joint responsibilityof ascertaining social security, the increase in the capacity and the authorityfor them who were disadvantage; and 3 the Role of the state was certaintythat was complementary for the ethical market in order to guarantees the senseof justice and the achievement of public welfare. Secondly, according to Islam,the process of the redistribution of the wealth and the income aimed at givingsocial security on the fulfillment of basic needs for the poor; strove for the increasein the capacity through education and skills; and increased the poor’sbargaining position through their participation in decision making that was linkedwith their interests and the control on its implementation. Thirdly, the intention of establishing justice was to gain both individual and public welfare and the happiness(al-fala>h}.Kemiskinan dan pemiskinan di dunia kontemporer terus meningkat sebagai akibatsistem keadilan distributif dan prinsip-prinsipnya yang menjadi basis ekonomisaat ini tidak berhasil dalam mengalokasikan dan memeratakan sumber dayasecara adil. Berdasarkan masalah ini, kajian ini bertujuan untuk menjelaskanrespon Islam atas problem ketidakadilan distributif, dan

  13. A Principle in Search of a Practice: On Developing Guidelines/Standards To Evaluate Social Justice.

    Science.gov (United States)

    Brown, M. Christopher, II

    The question before educators responsible for preparing the new generation of global citizens is how to translate the principles of social justice into effective practice. In school settings around the United States, educators endeavor to inform learners of the impact and import of social justice. The question remains, however, how social justice…

  14. The Principle Of Justice In Magna Carta Libertatum And Its Influence On The Law In General

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    Zendeli Emine

    2015-12-01

    Full Text Available This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to show the importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation.

  15. The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice

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    Duc Nguyen

    2017-01-01

    Full Text Available The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam. Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.

  16. Applying Social Justice Principles through School-Based Restorative Justice

    Science.gov (United States)

    von der Embse, Nathan; von der Embse, Daniel; von der Embse Meghan; Levine, Ian

    2009-01-01

    Social justice has recently received attention within the school psychology community. Yet, social justice is a nebulous term, as opined by Connelly (2009), who cautioned against searching for what is wrong and instead striving for the highest standards and recognizing needs of every unique child. Shriberg and colleagues (2008) have sought to…

  17. Justice and Negotiation.

    Science.gov (United States)

    Druckman, Daniel; Wagner, Lynn M

    2016-01-01

    This review article examines the literature regarding the role played by principles of justice in negotiation. Laboratory experiments and high-stakes negotiations reveal that justice is a complex concept, both in relation to attaining just outcomes and to establishing just processes. We focus on how justice preferences guide the process and outcome of negotiated exchanges. Focusing primarily on the two types of principles that have received the most attention, distributive justice (outcomes of negotiation) and procedural justice (process of negotiation), we introduce the topic by reviewing the most relevant experimental and field or archival research on the roles played by these justice principles in negotiation. A discussion of the methods used in these studies precedes a review organized in terms of a framework that highlights the concept of negotiating stages. We also develop hypotheses based on the existing literature to point the way forward for further research on this topic.

  18. A return to the manifest justice principle: a critical examination of the ...

    African Journals Online (AJOL)

    The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of ...

  19. Restorative Justice: Principles, Practices, and Application

    Science.gov (United States)

    O'Brien, Sandra Pavelka

    2007-01-01

    A modern-day movement is transforming the way that communities and justice systems think about and respond to crime and wrongful occurrences. This response implements a holistic continuum of services, providing for prevention, intervention, diversion, commitment, probation, reentry, and aftercare. This approach--known as restorative justice--seeks…

  20. Online dispute resolution and models of relational law and justice: a table of ethical principles

    OpenAIRE

    Casanovas, Pompeu

    2014-01-01

    Regulatory systems constitute a set of coordinated complex behavior (individual and collective) which can be grasped through rules, values and principles that constitute the social framework of the law. Relational law, relational justice and the design of regulatory models can be linked to emergent agreement technologies and new versions of Online Dispute Resolution (ODR) and Negotiation Support Systems (NSS). We define the notions of public space and information principles, extending the con...

  1. Justice as Europe's Signifier

    NARCIS (Netherlands)

    Roy, Suryapratim; Kochenov, Dimitry; de Burca, Grainne; Williams, Andrew

    2015-01-01

    Drawing on the fact that justice is never explained in European legal discourse, but is used in conjunction with other principles and institutional decisions, this contribution argues that justice is used as a rhetorical tool to provide legitimacy to such principles and decisions. An analogous

  2. A return to the manifest justice principle: a critical examination of the

    Directory of Open Access Journals (Sweden)

    ES Nwauche

    2004-10-01

    Full Text Available The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of South Africa, 1996. Section 165 (4 provides that the organs of state shall through legislative and other measures assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness. Furthermore, section 34 of the same Constitution provides that everyone has the right to have any dispute resolved by the application of law by a court or, where appropriate another independent and impartial tribunal or forum. Article 6(1 of the European Convention of Human Rights and Fundamental Freedoms 1950 as incorporated in the Human Rights Act 1988, applicable in England since 2000 provides that: "In the determination of his civil rights and obligations … everyone is entitled to a fair hearing … by an independent and impartial tribunal established by law." The independence of courts and impartiality of judges are closely related in that they operate to sustain public confidence in the administration of justice. This article advocates a return to the use of the manifest justice principle enshrined as the proper context for the application of the tests of "reasonable apprehension of bias" adopted by South African courts and "real possibility of bias" adopted by English courts in the consideration of allegation of apparent bias. This paper argues that the tests are different and that while the English test is a move of English courts from the real danger/likelihood test in consonance with an overwhelming global jurisprudence the South African test is a move away from this global jurisprudence and arguably back to the real danger/likelihood test. This paper also argues that the reasonable

  3. Justice Globalism

    NARCIS (Netherlands)

    Wilson, Erin; Steger, Manfred; Siracusa, Joseph; Battersby, Paul

    2014-01-01

    The pursuit of a global order founded on universal rules extends beyond economics into the normative spheres of law, politics and justice. Justice globalists claim universal principles applicable to all societies irrespective of religion or ideology. This view privileges human rights, democracy and

  4. Procedural justice and the hedonic principle: How approach versus avoidance motivation influences the psychology of voice

    NARCIS (Netherlands)

    van Prooijen, J.W.; Karremans, J.C.T.M.; van Beest, I.

    2006-01-01

    The authors investigate the relation between the hedonic principle (people's motivations to approach pleasure and to avoid pain) and procedural justice. They explore whether approach or avoidance motivation increases the effect that people feel they were treated more fairly following procedures that

  5. Formative Justice: The Regulative Principle of Education

    Science.gov (United States)

    McClintock, Robert

    2016-01-01

    Background/Context: Concepts of justice relevant to making personal and public decisions about education. Purpose: To clarify a concept of formative justice that persons and the public often ignore in making decisions about educational effort. Setting: "The windmills of your mind" Research Design: Reflective essay.…

  6. The Implementation of Justice Principle Within the Land Procurement for Public Utilities Construction

    OpenAIRE

    SH, Sahnan,

    2015-01-01

    The Indonesia€™s population growth and development increasing makes all parties, in the reality, need more land, especially for government. Land procurement for public utilities construction usually have a problem, because on the process we rarely meet easy process or easy getting deal between landowner and government, or other parties who needs the land. This occurs because is difficult getting deal between government and landowner about compensation. Justice principle implementation someti...

  7. Justice and medical ethics.

    Science.gov (United States)

    Gillon, R

    1985-07-20

    Justice, in the sense of fair adjudication between conflicting claims, is held to be relevant to a wide range of issues in medical ethics. Several differing concepts of justice are briefly described, including Aristotle's formal principle of justice, libertarian theories, utilitarian theories, Marxist theories, the theory of John Rawls, and the view--held, for example, by W.D. Ross--that justice is essentially a matter of reward for individual merit.

  8. Feminist intersectionality: bringing social justice to health disparities research.

    Science.gov (United States)

    Rogers, Jamie; Kelly, Ursula A

    2011-05-01

    The principles of autonomy, beneficence, non-maleficence, and justice are well established ethical principles in health research. Of these principles, justice has received less attention by health researchers. The purpose of this article is to broaden the discussion of health research ethics, particularly the ethical principle of justice, to include societal considerations--who and what are studied and why?--and to critique current applications of ethical principles within this broader view. We will use a feminist intersectional approach in the context of health disparities research to firmly establish inseparable links between health research ethics, social action, and social justice. The aim is to provide an ethical approach to health disparities research that simultaneously describes and seeks to eliminate health disparities. © The Author(s) 2011

  9. Principles or Imagination? Two Approaches to Global Justice

    NARCIS (Netherlands)

    Coeckelbergh, Mark

    2006-01-01

    In this paper I distinguish and discuss two approaches to global justice. One approach is Rawlsian and Kantian in inspiration. Discussions within this tradition typically focus on the question whether Rawls’s theory of justice (1971), designed for the national level, can or should be applied to the

  10. Publicity and Egalitarian Justice

    DEFF Research Database (Denmark)

    Lippert-Rasmussen, Kasper

    2008-01-01

    Recently, the issue of publicity has surfaced in discussions of the correct interpretation of the Rawlsian principles of justice. In an intriguing critique of G.A. Cohen's preferred interpretation of the difference principle as a principle that is incompatible with incentive-based inequalities...

  11. Transgenerational epigenetics and environmental justice.

    Science.gov (United States)

    Rothstein, Mark A; Harrell, Heather L; Marchant, Gary E

    2017-07-01

    Human transmission to offspring and future generations of acquired epigenetic modifications has not been definitively established, although there are several environmental exposures with suggestive evidence. This article uses three examples of hazardous substances with greater exposures in vulnerable populations: pesticides, lead, and diesel exhaust. It then considers whether, if there were scientific evidence of transgenerational epigenetic inheritance, there would be greater attention given to concerns about environmental justice in environmental laws, regulations, and policies at all levels of government. To provide a broader perspective on environmental justice the article discusses two of the most commonly cited approaches to environmental justice. John Rawls's theory of justice as fairness, a form of egalitarianism, is frequently invoked for the principle that differential treatment of individuals is justified only if actions are designed to benefit those with the greatest need. Another theory, the capabilities approach of Amartya Sen and Martha Nussbaum, focuses on whether essential capabilities of society, such as life and health, are made available to all individuals. In applying principles of environmental justice the article considers whether there is a heightened societal obligation to protect the most vulnerable individuals from hazardous exposures that could adversely affect their offspring through epigenetic mechanisms. It concludes that unless there were compelling evidence of transgenerational epigenetic harms, it is unlikely that there would be a significant impetus to adopt new policies to prevent epigenetic harms by invoking principles of environmental justice.

  12. Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

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    Teresa Thorp

    2012-11-01

    Full Text Available Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a state or competent authority is governed.Concerning international climate law, however, there is a certain shortcoming. The failure to comprehend a unified constitutional framework of lex specialis principles could debilitate intra and inter-regime governance and lead to uncertainties. At one time, uncertainties incite the law-making process. At another time, they constrain it. Such a shortcoming may lead to inconsistencies in interpreting consequential climate norms. It may thwart dispute resolution and it may impede climate negotiations. To traverse this abyss, the inquiry uses instruments of legal philosophy (the philosophy of language, legal systematics (the study of legal systems, and legal hermeneutics (the legal practice of interpretation to delineate, distinguish and unify lex specialis principles that could form the foundations of a universal constitutional framework of international climate law. In doing so, it shows that climate justice is a function of the quality of the legal system.

  13. The Principle of Justice Administered Only by the Court When Making a Pre-Trial Cooperation Agreement and Special Trial Order

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    Suvorova A. A.

    2015-01-01

    Full Text Available The article investigates the problems of realization of the principle of justice administered only by the court in special conditions of judicial proceedings, suggests the ways of optimizing the procedure of making a pre-trial cooperation agreement.

  14. Bringing Social Justice Principles to Practice: New Practitioners Speak

    Science.gov (United States)

    Jenkins, Kisha V.; Shriberg, David; Conway, Devyn; Ruecker, Dana; Jones, Haley

    2018-01-01

    Using consensual qualitative research methods, this qualitative study explored how nine recent graduates, all graduating within the past 7 years from an overtly social justice-oriented school psychology program, were experiencing social justice in practice. Semistructured interviews were conducted covering the following three theme areas: defining…

  15. Relational Restorative Justice Pedagogy in Educator Professional Development

    Science.gov (United States)

    Vaandering, Dorothy

    2014-01-01

    What would a professional development experience rooted in the philosophy, principles, and practices of restorative justice look and feel like? This article describes how such a professional development project was designed to implement restorative justice principles and practices into schools in a proactive, relational and sustainable manner by…

  16. THE THEORETICAL PRINCIPLES OF JUSTICE WITHIN THE PENAL ASPECT

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    Kristina Sawen

    2017-05-01

    Full Text Available Justice will be fulfilled when the restraint on actions to benefit themselves by way of seizing what belongs to someone else is or reject what was supposed to be given to others.Justice will be fulfilled when self-restraint are applied to on actions that will only be self-benefiting for the said individuals by way of seizing someone else’s belongings or rejecting what is supposed to be given to others. Justice will be seen in the legal provisions governing and being framed in managing the human life even if that provision is still in the form of ideas that poured in through the legal provisions of the country. Justice can be seen in legal provisions that govern and frame the human’s life even if that provision is still in the form of ideas that are subscribed in the legal provisions of the country. The threat of sanctions contained in the law as one element of a crime, is also a manifestation of the value of the balance between the prohibition or the permissibility of things which will manifest themselves in a sanction when a violation of these provisions. The threat of a sanction that is contained in the law, as an element of crime, is also a form of manifestation of the accessibility of a certain value of balance between prohibition or permissibility which will be visible in the form of a sanction when a violation of these provisions occurs. As a value of balance between the ban and the threat of sanctions would also form the idea of the values of justice in law, which is expected to be obeyed by the people. The value of a balance between the prohibitions or threats will also form the values of justice in law, which is expected to be adhered to by by the people. So the sosial order and security of living together can be met.The importance of justice seen as essential virtues of that must be firmly held and at the same time the spirit of the basis of various institutions basic social a society .It means give it a chance in a fair manner and

  17. JUSTICE DRIVERS: THE SOCIO-COMMUNICATIVE FUNCTIONS OF YORUBA INDIGENOUS KNOWLEDGE

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    Ezekiel Bolaji

    2017-01-01

    Full Text Available Justice is a widely attested sacrosanct lifeblood of every human society which requires fair-play and impartial judgment and is often represented by a woman holding a balanced pair of scales in one hand and bearing a sword in the other, symbolising carefully weighed evidence and protection of the innocent, as well as punishment for the guilty; at times, justice is blindfolded, indicating impartiality. Though universal, justice is driven differently in different societies, as it is a derivative of the culture and tradition of the people with, often, a blend of some foreign touch, establishing its universality – universal justice – a source of which is expected to be divine or supreme, attesting to a human inborn tendency. If justice is divine, then the source of true justice transcends humans, which translates into the fact that all human societies draw principles from this higher source and apply the principles so drawn in line with the peculiarities of their culture and tradition. Hence, the extent to which justice is manifest or practiced in any society is contingent on how close or far away the society is to applying the divine justice. Since no human society has been able to abide by these principles perfectly, humans can attain no perfect justice. A discussion of perfect justice, as exemplified by a particular society and thus expected to be imitated by another, is beyond the scope of this paper. This paper investigates what drives justice and how justice is driven among the Yoruba. This paper argues that the Yoruba exploit the socio-communicative value of taboos, proverbs and àrokò to sustain justice in the society. The paper presents the issue through the frame of the principle of shared knowledge and socio-cultural competence.

  18. Setting standards of restorative justice

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    Kostić Miomira

    2007-01-01

    Full Text Available In the article the author deals with the basic theoretical statements and discussions about the practical use of restorative justice. She discusses the questions of introducing and application of restorative justice in order to reach the balance of interests between a victim, society and a delinquent. There is no unique statement about the restorative justice concept, so the authors make this concept by listing certain activities with rispect of standards and principles. Also she emphasizes the values of restorative justice process. A part of the article is dedicated to the standards for restorative justice that are harmonized with the international documents of human rights. .

  19. Comments on two American justice decisions founded on ALARA

    International Nuclear Information System (INIS)

    Boehler, M.C.

    1996-01-01

    The role of the ALARA principle in the American justice is considered as a very important part of the law in evolution. The first decision called 'James decision' was the case of a worker who received a dose under the dose limit and was agreed in his demand. The second one,'Three Miles Island decision', was to refuse the ALARA principle as a norm because it would consider that the justice is more able to pilot a nuclear power plant than competent authorities. These two examples show that the ALARA principle must stay an operational guide and not a legal norm of precautions susceptible to impose sanctions by justice. (N.C.)

  20. Allergies And Asthma : Employing Principles Of Social Justice As A Guide In Public Health Policy Development

    Directory of Open Access Journals (Sweden)

    Jason Behrmann

    2010-05-01

    Full Text Available The growing epidemic of allergy and allergy-induced asthma poses a significant challenge to population health. This article, written for a target audience of policy-makers in public health, aims to contribute to the development of policies to counter allergy morbidities by demonstrat- ing how principles of social justice can guide public health initiatives in reducing allergy and asthma triggers. Following a discussion of why theories of social justice have utility in analyzing allergy, a step-wise policy assessment protocol formulated on Rawlsian principles of social jus- tice is presented. This protocol can serve as a tool to aid in prioritizing public health initiatives and identifying ethically problematic policies that necessitate reform. Criteria for policy assess- ment include: 1 whether a tentative public health intervention would provide equal health ben- efit to a range of allergy and asthma sufferers, 2 whether targeting initiatives towards particu- lar societal groups is merited based on the notion of ‘worst-off status’ of certain population seg- ments, and 3 whether targeted policies have the potential for stigmatization. The article con- cludes by analyzing three examples of policies used in reducing allergy and asthma triggers in order to convey the general thought process underlying the use of the assessment protocol, which public health officials could replicate as a guide in actual, region-specific policy development.

  1. Restorative Justice: New Horizons in Juvenile Offender Counseling

    Science.gov (United States)

    Ryals, John S. Jr.

    2004-01-01

    Treatment strategies of the juvenile justice system focus singularly on rehabilitation of offenders, and victims and communities are excluded from the rehabilitative process. Restorative justice views victims and communities as essential components in rehabilitative efforts. In this article, the principles and practices of restorative justice,…

  2. Employee Age Alters the Effects of Justice on Emotional Exhaustion and Organizational Deviance.

    Science.gov (United States)

    Brienza, Justin P; Bobocel, D Ramona

    2017-01-01

    Fairness in the workplace attenuates a host of negative individual and organizational outcomes. However, research on the psychology of aging challenges the assumption that fairness operates similarly across different age groups. The current research explored how older workers, vis-à-vis younger workers, react to perceptions of fairness. Integrating socioemotional selectivity theory and the multiple needs theory of organizational justice, we generated novel predictions regarding the relations between perceptions of workplace justice, emotional exhaustion, and employee deviance. Specifically, we hypothesized and found that employee age moderates the negative relation between justice facets and deviance (Study 1) and emotional exhaustion (Study 2). We also found that emotional exhaustion mediates the differential effects of justice on deviance, and that this relation depends on employee age (Study 2). Relative to younger workers, older workers are more sensitive to informational and interpersonal justice; in contrast, relative to older workers, younger workers are more sensitive to distributive and procedural justice. The research supports and extends existing theory on organizational justice and on the psychology of aging. Moreover, it highlights the importance of considering employee age as a focal variable of interest in the study of justice processes, and in organizational research more generally.

  3. Global health justice and governance.

    Science.gov (United States)

    Ruger, Jennifer Prah

    2012-01-01

    While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors.

  4. Will E-Justice still be Justice? Principles of a Fair Electronic Trial

    Directory of Open Access Journals (Sweden)

    Ronald van den Hoogen

    2008-01-01

    Full Text Available In the years to come, our Judiciary will change drastically as a result of the possibilities of information technology. Current legal procedure, which is still dominated by paper documents, human activities and written communication, will become increasingly digitized or supported by technical applications. As a result, the administration of justice will become faster, more efficient and more effective. As electronic litigation or E-Justice becomes a reality, there will be many changes. Citizens, companies, lawyers and other legal professionals involved in the judicial process will be able to bring their cases to the court via an Internet portal. Video conferencing, which is already available, will increasingly make it possible to hear witnesses, suspects and legal experts without having to bring them to the courtroom. Courts rulings will be signed, sent and published through the use of electronic signatures, XML and web services.

  5. The genetic difference principle.

    Science.gov (United States)

    Farrelly, Colin

    2004-01-01

    In the newly emerging debates about genetics and justice three distinct principles have begun to emerge concerning what the distributive aim of genetic interventions should be. These principles are: genetic equality, a genetic decent minimum, and the genetic difference principle. In this paper, I examine the rationale of each of these principles and argue that genetic equality and a genetic decent minimum are ill-equipped to tackle what I call the currency problem and the problem of weight. The genetic difference principle is the most promising of the three principles and I develop this principle so that it takes seriously the concerns of just health care and distributive justice in general. Given the strains on public funds for other important social programmes, the costs of pursuing genetic interventions and the nature of genetic interventions, I conclude that a more lax interpretation of the genetic difference principle is appropriate. This interpretation stipulates that genetic inequalities should be arranged so that they are to the greatest reasonable benefit of the least advantaged. Such a proposal is consistent with prioritarianism and provides some practical guidance for non-ideal societies--that is, societies that do not have the endless amount of resources needed to satisfy every requirement of justice.

  6. New frontiers and conceptual frameworks for energy justice

    International Nuclear Information System (INIS)

    Sovacool, Benjamin K.; Burke, Matthew; Baker, Lucy; Kotikalapudi, Chaitanya Kumar; Wlokas, Holle

    2017-01-01

    This article explores how concepts from justice and ethics can inform energy decision-making and highlight the moral and equity dimensions of energy production and use. It defines “energy justice” as a global energy system that fairly distributes both the benefits and burdens of energy services, and one that contributes to more representative and inclusive energy decision-making. The primary contribution of the article is its focus on six new frontiers of future energy justice research. First is making the case for the involvement of non-Western justice theorists. Second is expanding beyond humans to look at the Rights of Nature or non-anthropocentric notions of justice. Third is focusing on cross-scalar issues of justice such as embodied emissions. Fourth is identifying business models and the co-benefits of justice. Fifth is better understanding the tradeoffs within energy justice principles. Sixth is exposing unjust discourses. In doing so, the article presents an agenda constituted by 30 research questions as well as an amended conceptual framework consisting of ten principles. The article argues in favor of “justice-aware” energy planning and policymaking, and it hopes that its (reconsidered) energy justice conceptual framework offers a critical tool to inform decision-making. - Highlights: • We need “justice-aware” energy policy. • A revised energy justice conceptual framework offers a critical tool to inform decision making. • New fields of inquiry for energy justice research and practice exist. • Tradeoffs and weighing competing justice claims occur in practice.

  7. Employee Age Alters the Effects of Justice on Emotional Exhaustion and Organizational Deviance

    Science.gov (United States)

    Brienza, Justin P.; Bobocel, D. Ramona

    2017-01-01

    Fairness in the workplace attenuates a host of negative individual and organizational outcomes. However, research on the psychology of aging challenges the assumption that fairness operates similarly across different age groups. The current research explored how older workers, vis-à-vis younger workers, react to perceptions of fairness. Integrating socioemotional selectivity theory and the multiple needs theory of organizational justice, we generated novel predictions regarding the relations between perceptions of workplace justice, emotional exhaustion, and employee deviance. Specifically, we hypothesized and found that employee age moderates the negative relation between justice facets and deviance (Study 1) and emotional exhaustion (Study 2). We also found that emotional exhaustion mediates the differential effects of justice on deviance, and that this relation depends on employee age (Study 2). Relative to younger workers, older workers are more sensitive to informational and interpersonal justice; in contrast, relative to older workers, younger workers are more sensitive to distributive and procedural justice. The research supports and extends existing theory on organizational justice and on the psychology of aging. Moreover, it highlights the importance of considering employee age as a focal variable of interest in the study of justice processes, and in organizational research more generally. PMID:28428764

  8. Justice-based social assistance

    Science.gov (United States)

    Barrientos, Armando

    2016-01-01

    What are the main objectives of social protection institutions in developing countries? What should be their scope and reach? What is the source of their legitimacy? Finding appropriate answers to these questions is essential to understanding, and shaping, the emergence of welfare institutions in low- and middle-income countries. Most available answers rely on instrumental arguments. Few make reference to normative principles. This article draws on three concepts from Rawls – social justice as regulating cooperation, the social minimum, and the need for a freestanding political notion of social justice – to develop a coherent argument for grounding social assistance on social justice. In line with this argument, it identifies some parameters for a justice-based social assistance. This article then discusses, with examples, the tensions existing between a social justice-based social minimum and ‘real’ social assistance institutions emerging in developing countries. PMID:27708544

  9. 28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal Justice Information Services Advisory Policy Board. 20.35 Section 20.35 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE..., concept, and operational principles of various criminal justice information systems managed by the FBI's...

  10. The relationship between organizational justice and workplace aggression.

    Science.gov (United States)

    St-Pierre, Isabelle; Holmes, Dave

    2010-05-01

    This paper is a discussion of the links between organizational justice and workplace aggression. Managers have been identified as key players in implementing and maintaining an organizational culture of trust and justice. Employees who perceive themselves to be victims of injustice may rebel, using various means to 'punish' the source of the injustice. Literature review of publications in English and French from the early 1960 to 2009, including books, was conducted. Bibliographic databases searched for journal articles were Cumulative Index to Nursing and Allied Health Literature, Current Content, EMBASE, Medline, PsycINFO and Web of Science. The work environment and roles of nursing managers have changed considerably in the last 20 years, resulting in challenging working conditions for nursing managers. These can have an impact on their ability to create a trusting and fair culture, and can mean that they themselves be considered victims of organizational injustice. The failure of many re-engineering projects has been linked to a lack of consideration of the impact of perception of justice when implementing change. In addition, perception of organizational justice has the potential to influence many organizational outcomes, such as perception of respect and trust. As justice is a founding principle of biomedical ethics, principles of justice, equity and fairness must be upheld in practice in accordance with the requirements of professional codes of ethics. The concept of justice is linked to the founding principles of biomedical ethics, and these must be upheld in order to practise in accordance with professional codes of ethics and conduct.

  11. Beyond Income: A Social Justice Approach to Assessing Poverty among Older Adults with Chronic Kidney Disease.

    Science.gov (United States)

    Caplan, Mary A; Washington, Tiffany R; Swanner, Lauren

    2017-01-01

    How social workers define and assess poverty is a matter of economic and social justice. Recent conceptual and measurement advances point to a multidimensional definition of poverty which captures material, social, and political deprivations. Using data from a survey, this article describes how nephrology social workers assess poverty among older adults living with a chronic kidney disease (N = 52). Results suggest respondents already conceive of poverty as a multidimensional experience, support awareness-raising about poverty, and primarily assess poverty by employment status, income, access to transportation, and education. Opportunities to expand poverty assessment in future work are promising.

  12. Restorative Justice in Indonesia: Traditional Value

    Directory of Open Access Journals (Sweden)

    Eva Achjani Zulfa

    2011-05-01

    Full Text Available “Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the settlement process. This theory of the approach is still debated, but the view is in fact growing and it exercises a lot of influence on legal policies and practices in several countries. The UN through its basic principles considers the approach of restorative justice as the approach which could be used in the rational criminal justice system. Restorative justice is a concept of thinking that supports the development of the criminal justice system with emphasis on the required involvement of the community. It is also involving the casualties who with the current criminal justice system are excluded. In several countries, restorative justice has been translated into a variety of formulations to accommodate a variety of values, philosophical basis, terms, strategies, mechanisms, and programs. Good consultation with the perpetrators and the victims themselves may provide the public with a different mindset in preventing emerging problems. This process can involve the police, prosecutorial institution or the traditional institutions. Therefore, without excluding the work in the formal legal system, the institutional mechanism for resolution through consultation was working in the community. In the various principles and models of the restorative justice approach, the process of dialogue between the perpetrator and the victim is a fundamental and the also the most important part of the application of the restorative justice. The direct dialogue between the perpetrator and the victim gave the victim the opportunity to express what he/she felt, hope for human rights and the desire to reach a criminal settlement.

  13. Christian Social Justice Advocate: Contradiction or Legacy?

    Science.gov (United States)

    Edwards, Cher N.

    2012-01-01

    In this article, the relationship between Christian religiosity and the principles of social justice is explored, including the sociopolitical aspects of faith and advocacy. A particular emphasis is placed on the historical legacy and theological relationships between Christianity and social justice. The author concludes with a call for…

  14. The feasibility Problem in Theorizing Social Justice

    Directory of Open Access Journals (Sweden)

    Eugen Huzum

    2012-10-01

    Full Text Available G. A. Cohen and Andrew Mason have recently argued, against many contemporary philosophers, that feasibility is not a legitimate constraint in theorizing about social justice. Their main argument is that principles of justice are logically independent of issues of feasibility and, consequently, feasibility has no bearing on the correctness of these principles. This article is a critical examination of three attempts to show that Cohen and Mason’s argument is unsound. The examined attempts are those of Harry Brighouse, Collin Farrelly, and David Miller. I argue that all these arguments are based on false, unjustified or implausible, premises and/or assumptions. Consequently, they cannot discredit the soundness of Cohen and Mason’s argument and of the thesis that feasibility is not, in fact, a legitimate constraint in theorizing about social justice.

  15. RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK / Restorative Justice In Juvenile Justice System

    Directory of Open Access Journals (Sweden)

    Randy Pradityo

    2016-11-01

    Full Text Available Anak sebagai generasi penerus bangsa sudah selayaknya mendapatkan perhatian khusus. Hal tersebut bertujuan dalam rangka pembinaan anak untuk mewujudkan sumber daya manusia yang berkualitas. Maka dari itu, diperlukan pula sarana dan prasarana hukum yang mengantisipasi segala permasalahan yang timbul. Sarana hukum ini bertujuan untuk mengantisipasi stigma atau cap jahat yang ditimbulkan ketika anak berhadapan dengan hukum, sekaligus memulihkan dan memasyarakatkan kembali anak tersebut. Salah satu solusinya adalah dengan mengalihkan atau menempatkan pelaku tindak pidana anak keluar dari sistem peradilan pidana serta memberikan alternatif bagi penyelesaian dengan pendekatan keadilan demi kepentingan terbaik bagi anak, yang kemudian dikenal dengan pendekatan restorative justice. Restorative justice yang merupakan implementasi konsep dari diversi telah dirumuskan dalam sistem peradilan pidana anak, namun sistem yang baik haruslah diiringi dengan suatu sikap yang dijiwai kehendak untuk memandang dan berkeyakinan bahwa dunia ini selalu menjadi lebih baik. Selain itu, hendaknya prinsip the best interest of the children selalu diutamakan ketika menangani anak yang berhadapan dengan hukum.   Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system

  16. Tradeable CO{sub 2} emission permits: initial distribution as a justice problem

    Energy Technology Data Exchange (ETDEWEB)

    Kverndokk, S. [Stiftelsen for Samfunns- og Naeringslivsforskning, Oslo (Norway)

    1992-11-01

    Tradeable emission permits are one of the most discussed policy instruments to implement international agreements on CO{sub 2} emission reductions. One characteristic of this instrument is that it separates the questions of efficiency and justice; in an idealised world, efficiency is achieved no matter how the permits are distributed. By assuming separability of inter- and intragenerational justice, the author can discuss the initial distribution of permits as an intragenerational distributive justice problem. In contrast to efficiency, where Pareto Optimality is an overall accepted principle, there is no consensus on a ``best`` equity principle. Different principles lead to different rules for distribution. The framework is to consider what the author believe to be metaprinciples of theories of justice; ethical individualism and presentism, as well as a generally accepted principle of avoiding morally arbitrary components as standards for distribution. Using these principles in an exclusionary way, working with a list of alternative allocation rules, a distribution proportional to population is recommended. Arguments against this rule are discussed, and special attention is paid to political feasibility. Justice and political feasibility may contrast, so also in this case. Even if a distribution based only on population may be politically unacceptable, there may be prospects to use this criterion in combination with other rules, as well as to put more weight on it in the future. 26 refs.

  17. Tradeable CO[sub 2] emission permits: initial distribution as a justice problem

    Energy Technology Data Exchange (ETDEWEB)

    Kverndokk, S. (Stiftelsen for Samfunns- og Naeringslivsforskning, Oslo (Norway))

    1992-11-01

    Tradeable emission permits are one of the most discussed policy instruments to implement international agreements on CO[sub 2] emission reductions. One characteristic of this instrument is that it separates the questions of efficiency and justice; in an idealised world, efficiency is achieved no matter how the permits are distributed. By assuming separability of inter- and intragenerational justice, the author can discuss the initial distribution of permits as an intragenerational distributive justice problem. In contrast to efficiency, where Pareto Optimality is an overall accepted principle, there is no consensus on a ''best'' equity principle. Different principles lead to different rules for distribution. The framework is to consider what the author believe to be metaprinciples of theories of justice; ethical individualism and presentism, as well as a generally accepted principle of avoiding morally arbitrary components as standards for distribution. Using these principles in an exclusionary way, working with a list of alternative allocation rules, a distribution proportional to population is recommended. Arguments against this rule are discussed, and special attention is paid to political feasibility. Justice and political feasibility may contrast, so also in this case. Even if a distribution based only on population may be politically unacceptable, there may be prospects to use this criterion in combination with other rules, as well as to put more weight on it in the future. 26 refs.

  18. Mathematics education for social justice

    Science.gov (United States)

    Suhendra

    2016-02-01

    Mathematics often perceived as a difficult subject with many students failing to understand why they learn mathematics. This situation has been further aggravated by the teaching and learning processes used, which is mechanistic without considering students' needs. The learning of mathematics tends to be just a compulsory subject, in which all students have to attend its classes. Social justice framework facilitates individuals or groups as a whole and provides equitable approaches to achieving equitable outcomes by recognising disadvantage. Applying social justice principles in educational context is related to how the teachers treat their students, dictates that all students the right to equal treatment regardless of their background and completed with applying social justice issues integrated with the content of the subject in order to internalise the principles of social justice simultaneously the concepts of the subject. The study examined the usefulness of implementing the social justice framework as a means of improving the quality of mathematics teaching in Indonesia involved four teacher-participants and their mathematics classes. The study used action research as the research methodology in which the teachers implemented and evaluated their use of social justice framework in their teaching. The data were collected using multiple research methods while analysis and interpretation of the data were carried out throughout the study. The findings of the study indicated that there were a number of challengesrelated to the implementation of the social justice framework. The findings also indicated that, the teachers were provided with a comprehensive guide that they could draw on to make decisions about how they could improve their lessons. The interactions among students and between the teachers and the students improved, they became more involved in teaching and learning process. Using social justice framework helped the teachers to make mathematics more

  19. Harnessing social innovation for energy justice: a business model perspective

    OpenAIRE

    Hiteva, Ralitsa; Sovacool, Benjamin

    2017-01-01

    This paper uses a business model framework to discuss how principles of energy justice - in particular, equitable distribution of costs and benefits, affordability, due process and greater participation in decision-making - can be embedded in business model innovations for energy, through social innovation. The paper discusses four cases at different scales (local, subnational, regional and global) to highlight opportunities for introducing principles of energy justice into the core of busine...

  20. Social Justice and Education as Discursive Initiation

    Science.gov (United States)

    Stojanov, Krassimir

    2016-01-01

    In this essay Krassimir Stojanov attempts first to reconstruct the "heart" of Jürgen Habermas's discourse ethics, namely the so-called "principle of universalization" of ethical norms. This principle grounds Habermas's proceduralist account of social justice via equal access of all concerned to the practices of deliberative…

  1. Caring, objectivity and justice: an integrative view.

    Science.gov (United States)

    van Hooft, Stan

    2011-03-01

    The argument of this article is framed by a debate between the principle of humanity and the principle of justice. Whereas the principle of humanity requires us to care about others and to want to help them meet their vital needs, and so to be partial towards those others, the principle of justice requires us to consider their needs without the intrusion of our subjective interests or emotions so that we can act with impartiality. I argue that a deep form of caring lies behind both approaches and so unites them. In the course of the argument, I reject Michael Slote's sentimentalist form of an ethics of care, and expound Thomas Nagel's moral theory, which seems to lie at the opposite end of a spectrum ranging from moral sentiments to impersonal objectivity. Nevertheless, Nagel's theory of normative realism provides unexpected support for the thesis that a deep and subjective form of caring lies at the base of even our most objective moral reasons.

  2. Social and psychological aspects of criminal juvenile justice in the world practice (Anglo-Saxon model of juvenile justice

    Directory of Open Access Journals (Sweden)

    D.S. Oshevsky

    2013-10-01

    Full Text Available The article is the final part of the review of existing foreign models of juvenile criminal justice system. We analyze the principles of juvenile justice in the criminal trial: protective orientation, personalization and social richness of the trial, the emphasis on educational influences. We present the foreign experience of incorporating social, psychological and clinical special knowledge into specialized justice concerning juvenile offenders. We analyze modern trends in the development of juvenile justice in the United States and Canada. We present material related to methods of risk assessment of re-offending among adolescents. We highlight approaches to complex long-term follow-up of juvenile offenders in Anglo-Saxon juvenile justice. We describe some aspects of the probation service using the method of case management. In the context of the accepted “National Strategy for Action for the Benefit of Children for 2012-2017”, the prospects for the development of specialized criminal justice for young offenders in the Russian Federation are discussed

  3. Towards a just and fair Internet: applying Rawls’ principles of justice to Internet regulation

    NARCIS (Netherlands)

    Douglas, David

    2015-01-01

    I suggest that the social justice issues raised by Internet regulation be exposed and examined by using a methodology adapted from that described by John Rawls in A Theory of Justice. Rawls’ theory uses the hypothetical scenario of people deliberating about the justice of social institutions from

  4. Another Look at Distributive Justice and the Social Studies.

    Science.gov (United States)

    Gregg, Dennis R.

    1991-01-01

    Discusses distributive justice in teaching social studies. Argues that utilitarianism is an inadequate basis for distributive justice because it does not allow for the primacy of civil or natural rights. Suggests addressing such issues in class to encourage student consideration of fundamental principles and their application to contemporary…

  5. The Justice Dimension of Sustainability: A Systematic and General Conceptual Framework

    Directory of Open Access Journals (Sweden)

    Klara Helene Stumpf

    2015-06-01

    Full Text Available We discuss how the normative dimension of sustainability can be captured in terms of justice. We (i identify the core characteristics of the concept of sustainability and discuss underlying ethical, ontological and epistemological assumptions; (ii introduce a general conceptual structure of justice for the analysis and comparison of different conceptions of justice; and (iii employ this conceptual structure to determine the specific characteristics and challenges of justice in the context of sustainability. We demonstrate that sustainability raises specific and partly new challenges of justice regarding the community of justice, the judicandum, the informational base, the principles, and the instruments of justice.

  6. Restorative justice innovations in Canada.

    Science.gov (United States)

    Wilson, Robin J; Huculak, Bria; McWhinnie, Andrew

    2002-01-01

    As many jurisdictions move towards more retributive measures as a means to address public discontent with crime, a parallel movement has developed in regard to restorative justice. This article presents three restorative initiatives currently in use in Canada. Each initiative addresses offender behavior and community engagement at a different point in the justice continuum. The use of Sentencing Circles is an example of how restorative justice principles can be instituted at the front end, prior to an offender becoming lodged in the system. The Restorative Justice Options to Parole Suspension project demonstrates how community engagement can assist in preventing offenders from being returned to the system once they have achieved conditional release. The Circles of Support and Accountability project has enlisted the support of professionally supported volunteers in the community reintegration of high-risk sexual offenders. These initiatives are presented within a framework of effective correctional interventions and increased empowerment for a variety of stakeholders. Copyright 2002 John Wiley & Sons, Ltd.

  7. Age and Trust as Moderators in the Relation between Procedural Justice and Turnover : A Large-Scale Longitudinal Study

    NARCIS (Netherlands)

    Bal, P. Matthijs; de Lange, Annet H.; Ybema, Jan F.; Jansen, Paul G. W.; van der Velde, Mandy E. G.

    The current study investigated the moderating roles of age and trust in the relation of procedural justice with turnover. It was expected that the relation between procedural justice and turnover was weaker for older workers and those with high prior trust in their leader. Older workers are better

  8. Longitudinal relationships between organizational justice, productivity, loss and sickness absence older employees

    NARCIS (Netherlands)

    Ybema, J.F.; Meer, L. van der; Leijten, F.R.M.

    2016-01-01

    Purpose The aim of this study was to assess whether organizational justice lowers productivity loss and sickness absence, and whether there are reverse effects of productivity loss and sickness absence on organizational justice.Method A longitudinal study with 2 years of follow-up was conducted

  9. On Thomas Pogge’s Theory of Global Justice. Why We Are Not Collectively Responsible for the Global Distribution of Benefits and Burdens between Individuals

    DEFF Research Database (Denmark)

    Midtgaard, Søren Flinch

    2012-01-01

    Thomas Pogge’s ingenious and influential Rawlsian theory of global justice asserts that principles of justice such as the difference principle or, alternatively, a universal criterion of human rights consisting of a subset of the principles of social justice apply to the global basic structure...

  10. Distributive Justice in the State of Nature: An Egalitarian View ...

    African Journals Online (AJOL)

    Like many writers in the natural rights tradition, I take for granted that distributive justice consists in conformity to pre-political principles that apply to property regimes. Against the background of that assumption, the paper distinguishes between broadly Lockean and broadly Grotian conceptions of distributive justice in the ...

  11. Methods of quantification by means of spectroscopy of nuclear magnetic resonance and gas chromatography of the active principles of Justice pectoralis Jacq. Acanthaceae and Lippia alba (Mill.) N.E.Brownw ex Brit and Wils Verbenaceae

    International Nuclear Information System (INIS)

    Medina Lopez, Ligia de los Angeles

    2008-01-01

    The quality control of the vegetable material, presence and concentration of the active principles of Justice pectoralis and Lippia alba were studied for the use and marketing as herbal products. The method of analysis of the Justice pectoralis and Lippia alba was carried out by means of proton nuclear magnetic resonance spectroscopy and the gas chromatography. Coumarin and essential oils were determinate in the plants extracts. Different samples were collected throughout one year to evaluate the variation of concentration of the active principles of the plant and there was evaluated a method of extraction of solvents [es

  12. Morality as the Substructure of Social Justice: Religion in Education as a Case in Point

    Science.gov (United States)

    Potgieter, Ferdinand J.

    2011-01-01

    Moral issues and principles do not only emerge in cases of conflict among, for instance, religious communities or political parties; indeed they form the moral substructure of notions of social justice. During periods of conflict each opponent claims justice for his/her side and bases the claim on certain principles. In this article, reference is…

  13. Restorative Justice in Schools: The Influence of Race on Restorative Discipline

    Science.gov (United States)

    Payne, Allison Ann; Welch, Kelly

    2015-01-01

    Schools today are more frequently using punitive discipline practices to control student behavior, despite the greater effectiveness of community-building techniques on compliance that are based on restorative justice principles found in the criminal justice system. Prior research testing the racial threat hypothesis has found that the racial…

  14. Organization, relational justice and absenteeism.

    Science.gov (United States)

    Stoetzer, Ulrich; Åborg, Carl; Johansson, Gun; Svartengren, Magnus

    2014-01-01

    There is a need for more knowledge on how to manage companies towards healthier and more prosperous organizations with low levels of absenteeism. Relational Justice can be a useful concept when managing such organizations. Organizational factors can help to explain why some companies have relatively low absenteeism rates, even though they are equal to other companies in many other aspects. Previous studies suggest that management may be one important factor. Efficient management may depend on good relations between the leaders and the employees. The concept of Relational Justice is designed to capture these relations. Consequently, a Relational Justice framework may be used to understand why some companies have a low incidence of absenteeism. Managers from a representative body of Swedish companies. Interviews were analyzed to explore whether the items representing the concept of Relational Justice can be used to further understand the strategies, procedures and structures that characterize organizations and management in companies with a low incidence of absenteeism. Strategies, procedures or principles related to Relational Justice were common and highlighted in companies with an incidence of absenteeism. The most frequently occurring factors were; to be treated with kindness and consideration, personal viewpoint considered and to be treated impartially. The results suggested that a Relational Justice framework could be used to increase understanding of the organizational and managerial factors typical for companies with a low incidence of absenteeism. A Relational Justice approach to organizational management may be used to successfully lower absenteeism, change organizations and promote healthy and prosperous companies.

  15. Resistance to the mainlandization of criminal justice practices: a barrier to the development of restorative justice in Hong Kong.

    Science.gov (United States)

    Lo, T Wing

    2012-06-01

    This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the "mainlandization" of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as "rule by the people," "absence of the presumption of innocence," "leniency for self-confession and severity for resistance," and "toeing the party line," RJ would be devoid of any restorative substance and could breach the principles of due process.

  16. Distributive Justice in Education and Conflicting Interests: Not (Remotely) as Bad as You Think

    Science.gov (United States)

    Ben-Shahar, Tammy Harel

    2015-01-01

    The importance of education and its profound effect on people's life make it a central issue in discussions of distributive justice. However, promoting distributive justice in education comes at a price: prioritising the education of some, as is often entailed by the principles of justice, inevitably has negative effects on the education of…

  17. Longitudinal Relationships Between Organizational Justice, Productivity Loss, and Sickness Absence Among Older Employees

    NARCIS (Netherlands)

    Ybema, Jan Fekke; van der Meer, Laudry; Leijten, Fenna R M

    2016-01-01

    PURPOSE: The aim of this study was to assess whether organizational justice lowers productivity loss and sickness absence, and whether there are reverse effects of productivity loss and sickness absence on organizational justice. METHOD: A longitudinal study with 2 years of follow-up was conducted

  18. Democracy, ethics and social justice: Implications for secondary ...

    African Journals Online (AJOL)

    ... were interviewed to explore their perspectives on democratic school leadership and establish the ... Inclusion of democratic school leadership principles in teacher training ... Keywords: democracy; ethics; leadership practices; social justice ...

  19. Relationships between motor unit size and recruitment threshold in older adults: implications for size principle.

    Science.gov (United States)

    Fling, Brett W; Knight, Christopher A; Kamen, Gary

    2009-08-01

    As a part of the aging process, motor unit reorganization occurs in which small motoneurons reinnervate predominantly fast-twitch muscle fibers that have lost their innervation. We examined the relationship between motor unit size and the threshold force for recruitment in two muscles to determine whether older individuals might develop an alternative pattern of motor unit activation. Young and older adults performed isometric contractions ranging from 0 to 50% of maximal voluntary contraction in both the first dorsal interosseous (FDI) and tibialis anterior (TA) muscles. Muscle fiber action potentials were recorded with an intramuscular needle electrode and motor unit size was computed using spike-triggered averaging of the global EMG signal (macro EMG), which was also obtained from the intramuscular needle electrode. As expected, older individuals exhibited larger motor units than young subjects in both the FDI and the TA. However, moderately strong correlations were obtained for the macro EMG amplitude versus recruitment threshold relationship in both the young and older adults within both muscles, suggesting that the size principle of motor unit recruitment seems to be preserved in older adults.

  20. Intersectionality and Social Space: Educational Justice in Deprived Schools

    Science.gov (United States)

    Bremm, Nina; Racherbäumer, Kathrin

    2018-01-01

    Drawing upon a broad concept of inclusion, the first section of this article is dedicated to a critical discussion of the principle of "equal opportunities," which currently dominates the social justice discourse in Germany. Specifically, this section examines how far this principle, which focuses on the role of the individual in…

  1. Changing principles in European social security

    NARCIS (Netherlands)

    van Oorschot, W.J.H.; Clasen, J.J.

    2002-01-01

    The provision of social security benefits rests on normative principles of social justice. Most strongly manifest in earnings-related social insurance, the principle of reciprocity has been increasingly questioned on grounds of equity, adequacy and fiscal viability, in the wake of socio-economic

  2. AXEL HONNETH AND THE RECONSTRUCTION OF JUSTICE: AN ATTEMPT TO OVERCOME THE "DISTRIBUTION PARADIGM"

    Directory of Open Access Journals (Sweden)

    Stanley Souza Marques

    2015-12-01

    Full Text Available The article takes up the criticisms directed by Axel Honneth to the basic structure of the dominant conceptions of justice, but merely to point out the general outlines of his alternative project of justice normative reconstruction. If John Rawls and Michael Walzer structure theories of distributive justice very consistently and in order to get to the autonomy protection (already taken so in a more sophisticated way, that to be satisfied it transcends the (mere obligation of not interfering in the realization of individual life projects, Honneth proposes the radicalization of justice's demands. It is because he pays his attention to the mutual expectation of consideration. This point would be the new texture of the social justice. In this sense, the principles of fair distribution leave the scene to make way for principles which guidelines are directed towards the society basic institutions involved in a new goal: to set up favourable contexts for the success of plural reciprocal relationships.

  3. Renewable, ethical? Assessing the energy justice potential of renewable electricity

    Directory of Open Access Journals (Sweden)

    Aparajita Banerjee

    2017-08-01

    Full Text Available Energy justice is increasingly being used as a framework to conceptualize the impacts of energy decision making in more holistic ways and to consider the social implications in terms of existing ethical values. Similarly, renewable energy technologies are increasingly being promoted for their environmental and social benefits. However, little work has been done to systematically examine the extent to which, in what ways and in what contexts, renewable energy technologies can contribute to achieving energy justice. This paper assesses the potential of renewable electricity technologies to address energy justice in various global contexts via a systematic review of existing studies analyzed in terms of the principles and dimensions of energy justice. Based on publications including peer reviewed academic literature, books, and in some cases reports by government or international organizations, we assess renewable electricity technologies in both grid integrated and off-grid use contexts. We conduct our investigation through the rubric of the affirmative and prohibitive principles of energy justice and in terms of its temporal, geographic, socio-political, economic, and technological dimensions. Renewable electricity technology development has and continue to have different impacts in different social contexts, and by considering the different impacts explicitly across global contexts, including differences between rural and urban contexts, this paper contributes to identifying and understanding how, in what ways, and in what particular conditions and circumstances renewable electricity technologies may correspond with or work to promote energy justice.

  4. Longitudinal relationships between organizational justice, productivity, loss and sickness absence older employees

    OpenAIRE

    Ybema, J.F.; Meer, L. van der; Leijten, F.R.M.

    2016-01-01

    Purpose The aim of this study was to assess whether organizational justice lowers productivity loss and sickness absence, and whether there are reverse effects of productivity loss and sickness absence on organizational justice.Method A longitudinal study with 2 years of follow-up was conducted among employed persons aged 45–64 years from the Study on Transitions in Employment, Ability and Motivation (STREAM). Participants (N = 7011) yearly filled out an online questionnaire. Structural equat...

  5. Striding Toward Social Justice: The Ecologic Milieu of Physical Activity

    Science.gov (United States)

    Lee, Rebecca E.; Cubbin, Catherine

    2009-01-01

    Disparities in physical activity should be investigated in light of social justice principles. This manuscript critically evaluates evidence and trends in disparities research within an ecologic framework, focusing on multi-level factors such as neighborhood and racial discrimination that influence physical activity. Discussion focuses on strategies for integrating social justice into physical activity promotion and intervention programming within an ecologic framework. PMID:19098519

  6. Service-Learning as a Model for Integrating Social Justice in the Nursing Curriculum.

    Science.gov (United States)

    Redman, Richard W.; Clark, Lauren

    2002-01-01

    A service learning nursing course grounded in social justice principles focused on minority health, poverty, environmental health, and medically underserved populations. Students worked in community agencies, advocated for the underserved, and reflected on the relationship of social justice and citizenship to nursing. (SK)

  7. Business ethics and prospects for restorative justice in selected commercial organisations based in Singapore

    OpenAIRE

    Abdul Rahim, Razwana Begum

    2017-01-01

    This study explores the principles and practices of business ethics in commercial organisations in Singapore. It also addresses the potential of the concept, restorative justice as a feature of ethical practice in commercial organisations. Two research questions guided the study which were i) what are the principles and practices of business ethics in commercial organisations based in Singapore and ii) what is the potential of restorative justice in commercial organisations based in Singapo...

  8. A large deviation principle in H\\"older norm for multiple fractional integrals

    OpenAIRE

    Sanz-Solé, Marta; Torrecilla-Tarantino, Iván

    2007-01-01

    For a fractional Brownian motion $B^H$ with Hurst parameter $H\\in]{1/4},{1/2}[\\cup]{1/2},1[$, multiple indefinite integrals on a simplex are constructed and the regularity of their sample paths are studied. Then, it is proved that the family of probability laws of the processes obtained by replacing $B^H$ by $\\epsilon^{{1/2}} B^H$ satisfies a large deviation principle in H\\"older norm. The definition of the multiple integrals relies upon a representation of the fractional Brownian motion in t...

  9. Experiencing Restorative Justice Practices within the Context of an Academic Course--A Phenomenological Mixed Methods Study

    Science.gov (United States)

    Dedinsky, Paul C.

    2012-01-01

    This study explored restorative justice arising in the context of an academic high school course in which students learned restorative justice principles and strategies. Given that the literature provided limited guidance of restorative justice in this context, these novel circumstances presented a unique opportunity for study. The central…

  10. The Fundamental Principles Drawn from the Court of Justice of the European Union in the Field of Public Procurement and Concessions

    Directory of Open Access Journals (Sweden)

    Catalin-Silviu SARARU

    2010-11-01

    Full Text Available This article aims to present major guidelines in case-law of the Court of Justice of the European Union (EU in the field of public procurement and concessions. Court, with the mission to enforce EU law in the interpretation and uniform application of the Treaties, has contributed to establishing the content of the principles which apply in the award, conclusion, amendment and termination of public procurement contracts and concessions, and in shaping the principles applicable to review against abuses carried out by the contracting entity in the award procedure. This article analyzed the principles of transparency and impartiality in the award of these contracts and described the means by which these goals are achieved in practice: non-discriminatory description of the subject-matter of the contract, equal treatment of operators involved in awarding the contract, mutualrecognition of diplomas, certificates and other evidence, the principle of equal treatment of public and private operators, appropriate time-limits in which the undertakings concerned of any Member State are able to prepare their offers. Ensuring the application of EU rules in the field of public contractscan not be achieved without the existence of an effective judicial review based on the principle of effectiveness means legal action and the principle of equivalence. Knowledge the content of theseprinciples is particularly important for a uniform application of EU law on public contracts in all Member States.

  11. How Many Principles for Public Health Ethics?

    OpenAIRE

    Coughlin, Steven S.

    2008-01-01

    General moral (ethical) principles play a prominent role in certain methods of moral reasoning and ethical decision-making in bioethics and public health. Examples include the principles of respect for autonomy, beneficence, nonmaleficence, and justice. Some accounts of ethics in public health have pointed to additional principles related to social and environmental concerns, such as the precautionary principle and principles of solidarity or social cohesion. This article provides an overview...

  12. Theories of distributive justice and post-apartheid South Africa

    OpenAIRE

    Knight, Carl

    2014-01-01

    South Africa is a highly distributively unequal country, and its inequality continues to be largely along racial lines. Such circumstances call for assessment from the perspective of contemporary theories of distributive justice. Three such theories—Rawlsian justice, utilitarianism, and luck egalitarianism—are described and applied. Rawls' difference principle recommends that the worst off be made as well as they can be, a standard which South Africa clearly falls short of. Utilitarianism rec...

  13. Social justice praxis in education: Towards sustainable ...

    African Journals Online (AJOL)

    Lastly, these practitioners aligned their management strategies with human rights values, as well as human dignity and equality, and their strategies found pride of place in extant ubuntu principles. Keywords: determinants; education; human rights; management strategies; restorative; social justice praxis; sustainable ...

  14. Justice, legal validity and the force of law with special reference to ...

    African Journals Online (AJOL)

    In order to account for this coherence Dooyeweerd developed a theory in which both the ... On this basis the difference between law and justice is specified by ... legal principles and the regulatively deepened (disclosed) principles of legal ...

  15. Moral status, justice, and the common morality: challenges for the principlist account of moral change.

    Science.gov (United States)

    Hodges, Kevin E; Sulmasy, Daniel P

    2013-09-01

    The theory of principlism elaborated by Beauchamp and Childress in Principles of Biomedical Ethics has become extremely influential in bioethics. The theory employs the idea of the common morality as a foundation for the principles of autonomy, beneficence, nonmaleficence, and justice. According to this account, the content of the common morality is universal and constant, while variability in morals is due to the fact that the issue of who is included within the scope of moral status evolves over time. This suggests that issues of moral status are not part of the common morality at all, and this presents a conundrum: questions of moral status seem central to any substantive account of justice, and any conception of the common morality that excludes moral status therefore seems inadequate for supporting a robust principle of justice. We argue that proponents of common morality theory are left with four options: (1) making moral status a part of the objective common morality and ignoring evidence that views about moral status do seem to vary over time and place; (2) excluding justice from the substantive content of the common morality; (3) taking common morality to be an imperfect approximation of an independently justified and universal foundationalist ethic against which the common morality is judged; or (4) weakening claims about the universality of common morality, thereby allowing the common morality to support a variety of principles of justice applicable only within particular communities that have specified the scope of moral status. We suspect that proponents of common morality theory will not view any of these options favorably, which raises questions about the ultimate contribution of that account.

  16. The Case for Restorative Justice: A Crucial Adjunct to the Social Work Curriculum

    Science.gov (United States)

    van Wormer, Katherine

    2006-01-01

    This paper discusses the significance of restorative justice practices and orientations for social work education. It describes the four basic forms of restorative justice-victim-offender conferencing, community reparative boards, family group conferencing, and healing circles, with special relevance to social work. Learning about principles and…

  17. Positing a difference between acts and omissions: the principle of justice, Rachels' cases and moral weakness.

    Science.gov (United States)

    Mohindra, R

    2009-05-01

    The difficulty in discovering a difference between killing and letting die has led many philosophers to deny the distinction. This paper seeks to develop an argument defending the distinction between killing and letting die. In relation to Rachels' cases, the argument is that (a) even accepting that Smith and Jones may select equally heinous options from the choices they have available to them, (b) the fact that the choices available to them are different is morally relevant, and (c) this difference in available choices can be used to distinguish between the agents in certain circumstances. It is the principle of justice, as espoused by Aristotle, which requires that equal things are treated equally and that unequal things are treated unequally that creates a presumption that Smith and Jones should be treated differently. The magnitude of this difference can be amplified by other premises, making the distinction morally relevant in practical reality.

  18. Enhancing John Rawls's Theory of Justice to Cover Health and Social Determinants of Health.

    Science.gov (United States)

    Ekmekci, Perihan Elif; Arda, Berna

    2015-11-01

    The vast improvements in medical technology reviled the crucial role of social determinants of health for the etiology, prevalence and prognosis of diseases. This changed the content of the right to health concept from a demand of health services, to a claim of having access to all social determinants of health. Thus, the just allocation of scarce resources of health and social determinants of health became an issue of ethical theories. John Rawls developed a theory of justice. His theory suggests that the principles of justice should be determined by individuals in a hypothetic initial position. In the initial position, individuals agree on principles of justice. Rawls puts forth that the institutions of the society should be structured in compliance with these principles to reach a fair social system. Although Rawls did not justify right to health in his theory, the efforts to enlarge the theory to cover right to health flourished quite fast. In this paper first the basic components of Rawls theory is explained. Then the most outstanding approaches to enlarge his theory to cover right to health is introduced and discussed within the discourse of Rawls theory of justice.

  19. Pushing the frontiers of equity as a means for environmental justice ...

    African Journals Online (AJOL)

    Whilst the usage of this principle to achieve environmental justice in other jurisdictions has been popularized, the reason for poor implementation of the principle in an African context is exacerbated by the placement of same constitutional environmental provision. The South African jurisdiction exemplifies a means to ...

  20. Feasibility of energy justice: Exploring national and local efforts for energy development in Nepal

    International Nuclear Information System (INIS)

    Islar, Mine; Brogaard, Sara; Lemberg-Pedersen, Martin

    2017-01-01

    The energy justice framework serves as an important decision-making tool in order to understand how different principles of justice can inform energy systems and policies. The realization of the urgency of providing modern energy technology and services particularly to rural areas has prompted both the Nepalese government and development institutions to focus on community-run renewable energy facilities. It is argued that off-grid and micro-scale energy development offers an alternative path to fossil-fuel use and top-down resource management as they democratize the grid and increase marginalized communities' access to renewable energy, education and health care. However, Nepal's energy development is also heavily influenced by demands from the fast-growing economies of neighboring countries such as China and India. As a result, this article evaluates the Nepalese national energy policies by applying the key aspects of the energy justice framework and showing the feasibility constraints due to geopolitical and biophysical factors to the implementation of energy just policies in this developing country context. The empirical evidence is derived from interviews during a one-month fieldwork in the Lalitpur and Katmandu districts of Nepal, site-visits, discourse analysis of expert statements, government policies and newspaper articles as well literature review on peer-review articles. - Highlights: • Energy justice framework can be used as a decision-making tool. • Energy transitions need to be understood from multiple perspectives. • Justice principles may face geopolitical, biophysical and ethical feasibility constraints. • The implementation of energy justice principles requires attention to the problem of agency.

  1. Juvenile Justice in Mexico

    Directory of Open Access Journals (Sweden)

    Martha Frías Armenta

    2014-08-01

    Full Text Available The first tribunal in Mexico was established in the central state of San Luis Potosi in 1926. The Law Regarding Social Prevention and Juvenile Delinquency for the Federal District and Mexican territories was promulgated in 1928. In 2005, Article 18 of the Mexican Constitution was modified to establish a comprehensive system (“Sistema Integral de justicia” in Spanish of justice for juveniles between 12 and 18 years old who had committed a crime punishable under criminal law. Its objective was to guarantee juveniles all the due process rights established for adults, in addition to the special ones recognized for minors. The constitutional reform also provides a framework that includes special tribunals as well as alternative justice options for juveniles. With these reforms, institutionalization of minors was to be considered an extreme measure applicable only to felonies and to juveniles older than 14. In 2006, all states within the Mexican federation enacted the “Law of justice for adolescents”. This system, at both the federal and state levels, formalizes a new global paradigm with regard to the triangular relationship between children, the State and the Law. It recognizes that children are also bearers of the inherent human rights recognized for all individuals, instead of simply objects in need of protection. However, despite formally aligning Mexican juvenile justice law with the Convention on the Rights of the Child (CRC, issues of actual substantive rights remained and new ones have appeared. For example, juveniles younger than 14 who have not committed a felony are released from institutions without any rehabilitation or treatment options, and alternative forms of justice were included without evaluating their possibilities of application or their conditions for success. In addition, the economic status of most juvenile detainees continues to be one of the most important determining factors in the administration of justice

  2. 公正作为德性——亚里士多德公正德性探析%Justice as a virtue: An analysis of Aristotle's virtue of justice

    Institute of Scientific and Technical Information of China (English)

    黄显中

    2007-01-01

    People currently regard justice as the main principle of institutions and society,while in ancient Greek people took it as the virtue of citizens.This article analyzes Aristotle's virtue of justice in his method of virtue ethics,discussing the nature of virtue,how justice is the virtue of citizens,what kind of virtue the iustice of citizens is,and the prospect of the virtue of iustice against a background of institutional justice.Since virtue can be said to be a specific individual character,Aristotle also defines the virtue of justice as the character of justice,with which citizens act justly and desire to do what is just.The virtue of justice is also an individual ethical virtue,differing from others for it is at the same time a social ethic.We can call the virtue of justice a"non-individual individual ethical virtue."It has been explained as between pure altruism and egoism,which is a wrong explanation.John Rawls regards justice as the first virtue of social institutions,challenging Aristotle's virtue,of justice,an assertion which also needs further deliberation.

  3. Longitudinal Relationships Between Organizational Justice, Productivity Loss, and Sickness Absence Among Older Employees

    OpenAIRE

    Ybema, Jan F.; van der Meer, Laudry; Leijten, Fenna R. M.

    2016-01-01

    PURPOSE: The aim of this study was to assess whether organizational justice lowers productivity loss and sickness absence, and whether there are reverse effects of productivity loss and sickness absence on organizational justice. METHOD: A longitudinal study with 2 years of follow-up was conducted among employed persons aged 45-64 years from the Study on Transitions in Employment, Ability and Motivation (STREAM). Participants (N = 7011) yearly filled out an online questionnaire. Structural eq...

  4. “Let’s Imagine Something Different”: Spiritual Principles in Contemporary African American Justice Movements and Their Implications for the Built Environment

    Directory of Open Access Journals (Sweden)

    Elise M. Edwards

    2017-11-01

    Full Text Available The Black Lives Matter movement has become one of the most visible, controversial, and impactful campaigns to address racialized violence and discrimination in the 21st century. Activists within the movement join traditional forms of social protest and policy development with rituals and spiritual practices, drawing upon spiritual resources as a source of transformation and empowerment. The transformative aims of Black Lives Matter and other contemporary African American justice movements address critical areas for reform, like criminal justice, education, and public health, but their vision for reform is broad and extensive, envisioning the creation of a more just world. As such, the physical context for African American life—the buildings and public spaces known as the built environment—is a crucial aspect of social transformation. This essay examines the spirituality of Black Lives Matter and other contemporary African American justice movements and considers how it inspires the ongoing transformation of buildings and public spaces. By analyzing the spiritual practices and themes in the Black Lives Matter movement as described by its founders, this paper identifies three principles and relates them to similar concepts in African American religious thought, womanist ethics, and ecowomanism. Applying these three spiritual principles—liberation, inspiration, and healing—to the design of architecture and public spaces can enrich and affirm African American life. Appealing to the Smithsonian’s National Museum of African American History and Culture as an example, this paper articulates the possibilities of architectural projects to symbolically and practically support liberative goals in African American religious systems and political movements.

  5. Applying a Social Justice Lens to Youth Mentoring: A Review of the Literature and Recommendations for Practice.

    Science.gov (United States)

    Albright, Jamie N; Hurd, Noelle M; Hussain, Saida B

    2017-06-01

    Youth mentoring interventions are often designed with the intention of promoting improved outcomes among marginalized youth. Despite their promise to reduce inequality through the provision of novel opportunities and increased social capital to marginalized youth, youth mentoring interventions hold the potential to reproduce rather than reduce inequality. In the current review, we explore literature on youth mentoring that has incorporated a social justice lens. We conclude that there is a need for greater attention to principles of social justice in the design, implementation, and evaluation of youth mentoring interventions. After reviewing the literature, we make recommendations for research and practice based on a social justice perspective and explore alternatives to traditional youth mentoring that may allow for better alignment with social justice principles. © Society for Community Research and Action 2017.

  6. The social justice imperative in transforming a secondary school

    Directory of Open Access Journals (Sweden)

    Mafora Patrick

    2016-01-01

    Full Text Available The thrust of education policy and legislation in South Africa points to a quest for democracy, equity and social justice throughout the education system. Notwithstanding, research suggests that different stakeholders experience schools as socially unjust and marginalising in some way. This article reports findings of a follow-up qualitative case study of one purposively sampled Soweto secondary school. The study sought to explore the principal’s social justice leadership strategies which account for the school being perceived as democratically transformed and socially just. Data were collected through a series of in-depth semi-structured interviews and observations. Data analysis followed Tesch’s steps for open coding. Findings suggest that the principal’s personal values and commitment to social justice principles account for his resilience in the face of resistance and systemic barriers. The principal’s social justice leadership practices and barriers that he encountered are outlined.

  7. Exercising older people´s brains in Costa Rica: Design principles for using information and communication technologies for cognitive activity and social interaction

    DEFF Research Database (Denmark)

    Castro Rojas, Maria Dolores; Bygholm, Ann; Hansen, Tia Gitte Bondesen

    2018-01-01

    This study is part of a design-based research project aimed at designing a learning intervention for enabling Costa Rican older people to use information and communication technologies for cognitive activity and social interaction. Data from relevant literature, a focus group with older adults......-sensitive design principles that include wider topics that influence the learning process, such as emotions and stereotypes related to learning about and using information and communication technologies, as well as the social support to that learning. The resulting eight design principles argue for respectful...

  8. Application of PACE Principles for Population Health Management of Frail Older Adults.

    Science.gov (United States)

    Stefanacci, Richard G; Reich, Shelley; Casiano, Alex

    2015-10-01

    To determine which practices would have the most impact on reducing hospital and emergency department admissions and nursing home placement among older adults with multiple comorbid conditions, a literature search and survey were conducted to identify and prioritize comprehensive care principles as practiced in the Program of All-inclusive Care for the Elderly (PACE). PACE medical directors and members of the PACE interdisciplinary team (IDT) were surveyed to gain their insights on the most impactful practices, which were identified as: End-of-Life Management, Caregiver Support, Management of Red Flags, Medication Management, Participant and Caregiver Health Care System Literacy, and Care Coordination. In addition, this research evaluated measures that could be used to assess an organization's level of success with regard to each of the 6 PACE practices identified. The results reported in this article, found through a survey with PACE medical directors and IDT members concerning effective interventions, can be viewed as strategies to improve care for older adults, enabling them to maintain their independence in the community, avoid the expense of facility-based care, and enhance their quality of life.

  9. Compromising social justice in fairtrade? : Case study of a fairtrade organization in India

    NARCIS (Netherlands)

    R. Das (Ranjana)

    2009-01-01

    textabstractThe study investigates whether Fair Trade Organizations (FTOs) are able to adhere to their principles of social justice and development goals as they enter mainstream markets which are dominated by neo-liberalism, unequal terms of trade and propagation of the "free market" principle.

  10. From a pluralism of grounds to proto-legal relations: accounting for the grounds of obligations of justice

    OpenAIRE

    Pavlakos, Georgios

    2017-01-01

    In this paper I discuss critically Mathias Risse's paper “Responsibility and Global Justice.” First, I argue that for Risse's pluralist account of the grounds of justice to hold together, there is need to presuppose a monist standpoint which ultimately contributes to grounding principles of justice. Second, I point out that Risse's understanding of obligations of accountability and justification is rather narrow in that it functions as an addendum to obligations of justice. Conversely, I will...

  11. EUROPEAN UNION SUPPORT AND TRANSITIONAL JUSTICE PROCESSES IN KOSOVO

    Directory of Open Access Journals (Sweden)

    Remzije Istrefi

    2017-12-01

    Full Text Available The legacy of systematic human rights violations committed during 1999 violent conflict and the previous repressive rule still impact the everyday life of Kosovo citizens. That is why transitional justice processes are a necessary component in Kosovo’s state building efforts. With the end of the 1999 conflict, Kosovo has been administered by the United Nations Mission in Kosovo (UNMIK and also supported by European Union (EU presences: the EU Special Representative in Kosovo, and European Union Rule of Law Mission known as EULEX. In the course of implementation of their mandates transitional justice processes were not a priority for UNMIK and EU presences. With the signing of the Stabilization and Association Agreement (SAA the EU made transitional justice part of the Kosovo accession demands. In December 2015, the Government of Kosovo approved its National Action Plan for the Implementation of the Stabilization and Association Agreement (NAPISAA. The General Principles of the SAA, included within the NAPISAA oblige Kosovo Government to approve a National Transitional Justice Strategy. This paper analyses EU peace and institution-building support and their impact in transitional justice processes in Kosovo. Through analysing the mandate and actions on the ground it draws conclusions if EU is an active participant in transitional justice process in Kosovo or transitional justice policies are promoted by EU only as part of its enlargement strategy. Finally, the paper gives recommendations as a basis for future elaboration of an EU approach to transitional justice.

  12. Justice in health care: the contribution of Edmund Pellegrino.

    Science.gov (United States)

    Veatch, R M

    1990-06-01

    Edmund Pellegrino has pioneered work in medical ethics calling for a reconstruction of Hippocratic ethics. In particular, he has spoken of incorporating principles that concern justice and the common good. This article traces his commitment to the common good, concern for the poor, opposition to libertarianism, acknowledgement of the necessity of rationing, and reluctance to give clinicians social allocational tasks. It asks how Pellegrino relates distributive justice to the common good. Drawing on his theory relating autonomy to patient-centered beneficence (in which autonomy is one element of the good rather than a side constraint on the good), the author argues that Pellegrino appears to make justice one element of the common good rather than a distributional moral constraint on promoting the good. He suggests that Pellegrino stands in three consequentialist or teleological moral traditions: professional physician ethics, Aristotelianism, and Catholic moral theology, but that there are the makings of a more independent, more egalitarian theory of justice in his writings.

  13. The Application of Social Justice Principles to Global School Psychology Practice

    Science.gov (United States)

    Shriberg, David; Clinton, Amanda

    2016-01-01

    In as much as school psychology practice is based on the goals of supporting the rights, access, and treatment of children as related to their education, social justice has the potential to be a moral framework for training, research, and practice in school psychology. Accordingly, this article seeks to achieve many objectives. First, a definition…

  14. Transitional Justice as Elite Justice? Compromise Justice and Transition in Tunisia

    NARCIS (Netherlands)

    Lamont, Christopher; Pannwitz, Hannah

    2016-01-01

    This article reflects upon the ways in which transitional justice debates and processes impacted Tunisia's transition. It explores key questions such as what demands for justice emerged in the aftermath of the Tunisian revolution? Did Tunisia's transitional justice process reflect these demands?

  15. Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’

    OpenAIRE

    PETERSMANN, Ernst-Ulrich

    2010-01-01

    This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution begins with a brief explanation of the diversity of conceptions of constitutional justice and of their legal impact on ever more fields of European public and private law (1). After clarifying the constitutional terminology used in this contribution (2), Rawlsian p...

  16. Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

    Directory of Open Access Journals (Sweden)

    Carlos Arturo Gómez Pavajeau

    2016-06-01

    Full Text Available The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the superiority of the last one and it’s relation with social justice; it analyses the differences between individual justice and global justice, to demonstrate the need to obtain an integral justice; it contrasts alternative justice and traditional justice, to propose an integrated justice; it explains that justice based upon the formal syllogism should be overcome by a justice based upon equity, to obtain a justice anchored in the Constitution, universal and concentrated in the human rights; it hypothesizes that justice supported in the atonement and retribution should be overcome by a justice that is preventive and restorative, that allows the construction of a justice focused in the future, without ignoring the past; it clarifies that justice with one jurisdiction and special justice are the components of a integrative transitional justice; it explains the presence of justice in different institutions with different functions and justice concentrated in one institution, although with different functions, because there is a search for an integrative justice; it exposes the search for a constitutional and political justice, discussing the vision of justice as a triumph of the force or the scandalous concession of benefits; it exalts that it is a justice in search of a positive discrimination, not a negative discrimination, overcoming the discussion between justice for the powerful and justice for the weak; finally, it considers that it is a justice

  17. Do We Have a Negative Duty Towards the Global Poor? Thomas Pogge on Global Justice

    NARCIS (Netherlands)

    Pierik, R.; Merle, J.-C.

    2013-01-01

    Who has the duty to guarantee that basic human rights are fulfilled globally? This is one of the central questions in the current global justice debate. The answer to this question must be based on some principle of justice that distributes rights and duties in the global sphere. This paper analyses

  18. Evaluation of Professional Ethics Principles by Candidate Teachers

    Science.gov (United States)

    Sahan, Gülsün

    2018-01-01

    The aim of this study is to evaluate the teaching ethics principles according to the opinions of the prospective teachers. From the teaching profession ethics principles of the students, the positive and negative aspects of professionalism, service, responsibility, justice, equality, ensuring a healthy and safe environment, morality, honesty,…

  19. The Relevance of the Doctrine on Restorative Justice in the Indonesian Sentencing System

    Directory of Open Access Journals (Sweden)

    Bambang Waluyo

    2015-08-01

    Full Text Available Referring on the development of criminal law recently, it is inevitable to reform the criminal law through changes on the Indonesian Criminal Code (KUHP. Being derived from the foreign law (relic of the colonial era, the Criminal Code has been obsolete, injustice, outmoded and unrealistic irrelevant for the present reality. The type of research employed in this paper is normative research, reviewing the restorative justice principle from the perspective of the criminal law system, with the aim of constructing a restorative justice concept which is ideal to be applied in the Indonesian criminal law system. The concept of restorative justice is an approach of problem solving that emphasizes the recovery of victims and to restore the relationship between the perpetrator and the victim and to their respective communities. By using such approach, the parties are expected to reach a mutual agreement related to the settlement of disputes which expected to harmonize the relationship of the parties prior the occurrence of the crime. On the practical level, the principles on restorative justice for the settlement of criminal case may need to be implemented imminently as part of the criminal system in Indonesia.

  20. Justice vs. Power in reviewing by Noam Chomsky and Michel Foucault

    Directory of Open Access Journals (Sweden)

    Šuvaković Uroš V.

    2012-01-01

    Full Text Available This paper is a review of the debate led by Noam Chomsky and Michel Foucault in 1971. The debate was referred to both the principles of human knowledge and the need for political engagement of intellectuals led by the principle 'justice against the power', which is also the title of the transcript of this discussion published in Serbian in 2011. .

  1. Transitional Justice

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    This presentation builds on an earlier published article, 'Contemporary Transitional Justice: Normalising a Politics of Exception'. It argues that the field of transitional justice has undergone a shift in conceptualisation and hence practice. Transitional justice is presently understood to be th...... to be the provision of ordinary criminal justice in contexts of exceptional political transition.......This presentation builds on an earlier published article, 'Contemporary Transitional Justice: Normalising a Politics of Exception'. It argues that the field of transitional justice has undergone a shift in conceptualisation and hence practice. Transitional justice is presently understood...

  2. Michael Walzer: Community in the spheres of justice

    Directory of Open Access Journals (Sweden)

    Sládeček Michal

    2007-01-01

    Full Text Available This text discusses Walzer’e position in relation to liberalistic concepts of justice, inequality, citizenship and ethnocultural identity. Unlike liberals, Walzer emphasizes the importance of nonvolntary associations and duties caused by such association, just as social inequality, which is the result of belonging to ethnocultural group. The text also considers Walzer’s answers to critiques that his position implies moral relativism. As far as politics is concerned, Walzer’s position claims that ethical systems on which communities in liberal society rely, are liberalized enough, with accepted principles of fairness, tolerance and intergroup justice. These systems correspond to political "liberal consensus", which cannot be derived from prepolitical ethos.

  3. Genetics and Justice: Must One Theory Fit All Contexts?

    Science.gov (United States)

    Gunson, Darryl

    2018-04-01

    Appeals to social justice that argue medicine and healthcare should have certain priorities and not others are common. It is an obvious question to ask: What does social justice demand of the new genetic technologies? However, it is important to note that there are many theories and sub-theories of justice. There are utilitarian theories, libertarian theories, and egalitarian theories. There are so-called luck egalitarians, equality-as-fairness thinkers, and capability theorists, with each having his or her own distinctive approach to the distribution of medical goods and technologies, and to healthcare priorities. This article argues that the discussion surrounding this question is potentially hampered by an implicit assumption that if one theory of justice is applicable in one context, then it must also be applicable in others. Instead, it is proposed that one adopt the stance, influenced by Michael Waltzer, that different theories with their opposing principles may be applicable to different questions regarding justice and genetics. The specific view advanced is that to answer questions about what justice requires regarding the therapeutic and enhancement use of genetic techniques, a method of reflective equilibrium can show how intuitions, in context, may support different theories of justice. When particular pre-theoretic ethical judgments are balanced against the theories that might explain or justify them, and are in accord with what seems emotionally acceptable, then it can be seen how different general theories may be applicable in the different contexts in which questions of justice and genetics arise.

  4. Using Constitutional Provisions to Advance Environmental Justice – Some Reflections on Sri Lanka

    Directory of Open Access Journals (Sweden)

    Camena Guneratne

    2015-09-01

    Full Text Available This paper examines the principle of environmental justice and its potential applicability to developing countries such as Sri Lanka. It first considers the interpretation and application of the principle in its country of origin, the United States, where it is used primarily to address problems of discrimination in the context of pollution. The paper takes the view that while such an interpretation of environmental justice is valid in this particular context, it cannot address issues of environment and development that arise in countries of the global South, which are grappling with development processes. These processes give rise to issues that may be subject to judicial determination, including sustainable development, protection of natural resources, human rights and social equity. The principle must therefore be re-interpreted to encompass all these dimensions. This paper argues that such an expansion and implementation of the principle of environmental justice in a context of environment and development in countries such as Sri Lanka, is most effective within a constitutional framework of human rights. Constitutions provide both the substantive and procedural foundation of rights, which are interpreted, enforced and given validity at the highest level of the judicial process. Even where environmental rights per se are not contained in a constitution, the existing rights can be, and have been, re-formulated to address issues of environment and development and related human rights. This paper analyses constitutional rights in Sri Lanka, which although limited in scope, has nevertheless formed the basis of a wide body of jurisprudence which brings new dimensions to the principle.

  5. Global Information Justice: Rights, Responsibilities, and Caring Connections.

    Science.gov (United States)

    Smith, Martha

    2001-01-01

    Explains the concept of global information justice and describes it as an ethical ideal, as an organizing principle for a model for analysis, and as a direction for policy making. Discusses the use of new technologies; access to technology; ownership; privacy; security; community; and the Universal Declaration of Human Rights. (Author/LRW)

  6. The principle of territoriality and cross-border loss compensation

    NARCIS (Netherlands)

    Marres, O.

    2011-01-01

    Member States are free to define their income tax base. They may in principle disregard foreign-sourced income, resulting in the impossibility of cross-border loss compensation. The European Court of Justice (ECJ) has accepted the principle of territoriality as a criterion for the division of the

  7. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-03-01

    Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

  8. Kinship Structures and Social Justice in Sub-Saharan Africa ...

    African Journals Online (AJOL)

    A major obstacle to the development of sustainable democratic systems of government in contemporary sub-Saharan African states is the difficulty in articulating an adequate conception of social justice to serve as a guiding principle in these polities. This difficulty is a consequence of the ethnically heterogeneous character ...

  9. A legitimação moral dos direitos humanos: uma análise dos princípios de justiça de John Rawls / The moral legitimation of human rights: an analysis on John Rawls’ principles of justice

    Directory of Open Access Journals (Sweden)

    Ana Paula Barbosa-Fohrmann

    2011-12-01

    Full Text Available Resumo Este artigo analisará, em primeiro lugar, o significado kantiano de legitimação e a sua distinção em relação à legitimidade. Num segundo momento, tratará de aspectos centrais da teoria de John Rawls, o qual influenciado por Kant, Locke e Rousseau, construiu uma teoria universalista e procedimental baseada em princípios morais de justiça. Por fim, serão ainda apresentadas algumas críticas à teoria rawlsiana. Palavras-chave: legitimação; teoria da justiça; elementos estruturadores; princípios morais de justiça; críticas à teoria rawlsiana. Abstract This paper will examine, first, the Kantian notion of legitimation, and the distinction between legitimation and legitimacy. Secondly, it will address some key aspects of John Rawls’ theory, who influenced by Kant, Locke and Rousseau, built a universal and proceduralist theory grounded on the moral principles of justice. Finally, some critics on Rawlsian theory will be also presented. Keywords: legitimacy; a theory of justice; structuring elements; the moral principles of justice; critics on Rawlsian theory.  

  10. Social Justice Training in School Psychology: Applying Principles of Organizational Consultation to Facilitate Change in Graduate Programs

    Science.gov (United States)

    Grapin, Sally L.

    2017-01-01

    Scholars and professional organizations have called for an increased emphasis on social justice training in applied psychology graduate programs, including school psychology programs (SPPs). During the past decade, emerging research has identified some features of high-quality social justice education, including a clear program mission statement…

  11. How Many Principles for Public Health Ethics?

    Science.gov (United States)

    Coughlin, Steven S.

    2009-01-01

    General moral (ethical) principles play a prominent role in certain methods of moral reasoning and ethical decision-making in bioethics and public health. Examples include the principles of respect for autonomy, beneficence, nonmaleficence, and justice. Some accounts of ethics in public health have pointed to additional principles related to social and environmental concerns, such as the precautionary principle and principles of solidarity or social cohesion. This article provides an overview of principle-based methods of moral reasoning as they apply to public health ethics including a summary of advantages and disadvantages of methods of moral reasoning that rely upon general principles of moral reasoning. Drawing upon the literature on public health ethics, examples are provided of additional principles, obligations, and rules that may be useful for analyzing complex ethical issues in public health. A framework is outlined that takes into consideration the interplay of ethical principles and rules at individual, community, national, and global levels. Concepts such as the precautionary principle and solidarity are shown to be useful to public health ethics to the extent that they can be shown to provide worthwhile guidance and information above and beyond principles of beneficence, nonmaleficence, and justice, and the clusters of rules and maxims that are linked to these moral principles. Future directions likely to be productive include further work on areas of public health ethics such as public trust, community empowerment, the rights of individuals who are targeted (or not targeted) by public health interventions, individual and community resilience and wellbeing, and further clarification of principles, obligations, and rules in public health disciplines such as environmental science, prevention and control of chronic and infectious diseases, genomics, and global health. PMID:20072707

  12. Social justice, health disparities, and culture in the care of the elderly.

    Science.gov (United States)

    Dilworth-Anderson, Peggye; Pierre, Geraldine; Hilliard, Tandrea S

    2012-01-01

    Older minority Americans experience worse health outcomes than their white counterparts, exhibiting the need for social justice in all areas of their health care. Justice, fairness, and equity are crucial to minimizing conditions that adversely affect the health of individuals and communities. In this paper, Alzheimer's disease (AD) is used as an example of a health care disparity among elderly Americans that requires social justice interventions. Cultural factors play a crucial role in AD screening, diagnosis, and access to care, and are often a barrier to support and equality for minority communities. The "conundrum of health disparities" refers to the interplay between disparity, social justice, and cultural interpretation, and encourages researchers to understand both (1) disparity caused by economic and structural barriers to access, treatment, and diagnosis, and (2) disparity due to cultural interpretation of disease, in order to effectively address health care issues and concerns among elderly Americans. © 2012 American Society of Law, Medicine & Ethics, Inc.

  13. Justice relations as determinative factor of “human - state” relation in the J.Rawls’s theory

    Directory of Open Access Journals (Sweden)

    Z. O. Burychko

    2014-04-01

    Full Text Available The conceptualization of relations “human ­ state” in J. Rawls’s theory is revealed in the article. It is concluded, that this relationship is determineted on value level by justice, which understands as fairness. Justice is the main virtue of social institutions, and in this case, if the institutions are unjust, their activity should be discarded or revised. Based on liberal ideas, justice linked to the notion of freedom, particularly in J. Rawls’s theory are described? That in the faire societies the equal freedom of citizens is regarded as being established beforehand state. The main principles of relations are the principle of participation and paternalism. Participation means the involvement of citizens in the constitutional process, the national process and participation in self­government. Paternalism is understood as the rational intervention of state in society in aim to prevent irrational expressions of relations between people. Conditions intervention: it must be justified by the apparent inability or lack of will; must match the understanding of justice as fairness, and based on sustainable interests. It is concluded, that the theory of J. Rawls resulting from the analytical experiment leaves a lot of questions as to achieve justice as fairness in the activities of individuals and social institutions.

  14. Crime Victims Support System and Restorative Justice: Possible Implementation in Malaysia

    Directory of Open Access Journals (Sweden)

    Azlinda Azman, PhD

    2013-06-01

    Full Text Available Victims’ position is increasingly acknowledged in the criminal justice system across the world. Because of that, criminal justice systems in various countries slowly transform from focusing too much on the relationship between offenders and the legal system and to between the offenders and their victims. Several programs are highlighted such as victim-offender mediation, family group conferences, reparative orders and referral orders in this article. Findings from several studies support the effectiveness of the programs on both the victims and the offenders in terms of several measurements such as satisfaction and recidivism. Looking at this revolution, Malaysian academicians and professionals are beginning to recognize restorative justice as a possible revolution to its criminal justice system, but Malaysian criminal justice system first needs to strengthen or build components that support victims of crime, as this is one of the main principles of restorative justice. Currently, Malaysia still focuses on offenders and their relationship with legal system, but not much with their own victims (physical, emotional, and psychological consequences of the crime. Several possible issues before formal implementation of restorative justice are discussed. The issues (culture, training, and attitude of Malaysian people, including the victims, offenders, and those who work with them can influence the efficiency of restorative justice programs if not identified systematically. These issues can also be the possible research areas to be ventured in the future as these researches can help in implementation.

  15. Three Strikes Out: Objections to Segall's Luck Egalitarian Justice in Health

    DEFF Research Database (Denmark)

    Nielsen, Lasse; Axelsen, David Vestergaard

    2012-01-01

    distribution, this problem would often arise in actual health policy. Finally, the account has a way of intensifying blameworthy behaviour which seems contrary to luck egalitarian principles. Based on these three objections, we conclude that Segall’s luck egalitarian account of justice in health must either...... to coexist with a concern for meeting everyone’s basic needs thereby avoiding Elizabeth Anderson’s ‘abandonment objection’. In this article, we present three objections to Segall’s luck egalitarian justice in health. Firstly, the account is vulnerable to the common objection that luck egalitarianism becomes...

  16. Implementing Restorative Justice Practice in Schools: What Pedagogy Reveals

    Science.gov (United States)

    Vaandering, Dorothy

    2014-01-01

    In the ongoing pursuit for creating safe, nurturing and relational school cultures, educators continue to turn to restorative justice (rj) principles and practice. Predominantly, schools begin to engage with rj in an effort to address harm done, causing its discourse to be situated in literature tied to classroom management and behaviour. However,…

  17. Principlism, medical individualism, and health promotion in resource-poor countries: can autonomy-based bioethics promote social justice and population health?

    Science.gov (United States)

    Azétsop, Jacquineau; Rennie, Stuart

    2010-01-18

    Through its adoption of the biomedical model of disease which promotes medical individualism and its reliance on the individual-based anthropology, mainstream bioethics has predominantly focused on respect for autonomy in the clinical setting and respect for person in the research site, emphasizing self-determination and freedom of choice. However, the emphasis on the individual has often led to moral vacuum, exaggeration of human agency, and a thin (liberal?) conception of justice. Applied to resource-poor countries and communities within developed countries, autonomy-based bioethics fails to address the root causes of diseases and public health crises with which individuals or communities are confronted. A sociological explanation of disease causation is needed to broaden principles of biomedical ethics and provides a renewed understanding of disease, freedom, medical practice, patient-physician relationship, risk and benefit of research and treatment, research priorities, and health policy.

  18. Private law principles, pluralism and perfectionism

    NARCIS (Netherlands)

    Hesselink, M.W.; Bernitz, U.; Groussot, X.; Schulyok, F.

    2013-01-01

    This paper discusses the legitimacy of general principles of private law as they have been formulated recently by the Court of Justice of the European Union and proposed by the European Commission. It addresses challenges from different strands in political theory including liberal perfectionism,

  19. Entitlement theory of justice and end-state fairness in the allocation of goods

    OpenAIRE

    Ju, Biung-Ghi; Moreno-Ternero, Juan D.

    2016-01-01

    Robert Nozick allegedly introduced his liberal theory of private ownership as an objection to theories of end-state justice. Nevertheless, we show that, in a stylized framework for the allocation of goods in joint ventures, both approaches can be seen as complementary. More precisely, in such a context, self-ownership (the basis for Nozick's entitlement theory of justice) followed by voluntary transfer (Nozick's principle of just transfer) can lead to end-state fairness (as well as Pareto eff...

  20. A Call for Restorative Justice in Higher Education Judicial Affairs

    Science.gov (United States)

    Clark, Karen L.

    2014-01-01

    This paper aims to provide support for post-secondary institutions' exploring and implementing restorative justice in their judicial practices. Although restorative principles have been employed successfully across the globe in criminal proceedings and K-12 education, most colleges and universities have not yet embraced this practice. By exploring…

  1. Social Justice Education in an Urban Charter Montessori School

    Directory of Open Access Journals (Sweden)

    Kira Banks

    2016-11-01

    Full Text Available As the Montessori Method continues its expansion in public education, a social justice lens is needed to analyze its contributions and limitations, given the increase in racial and socioeconomic diversity in the United States. Furthermore, much of the work in Social Justice Education (SJE focuses on classroom techniques and curriculum, overlooking the essential work of school administrators and parents, whose work significantly influences the school community. The current study applied an SJE framework to the efforts of one urban, socioeconomically and racially integrated Montessori charter school. We examined the extent to which SJE principles were incorporated across the school community, using an inductive, qualitative, case-study approach that included meetings, surveys, focus groups, and interviews. Administrators quickly adopted a system-wide approach, but parents—often color-blind or minimizing of the relevance of race—consistently resisted. Study results imply a continued need for an institutional approach, not solely a classroom or curricular focus, when integrating social justice into Montessori schools.

  2. Justice at Sport Clubs According to the Theory of Utilitarianism and Libertarianism

    Directory of Open Access Journals (Sweden)

    Zimányi Róbert G.

    2018-03-01

    Full Text Available Today’s sport clubs are exposed to turbulently changing circumstances to which they must adapt. If we want to talk about quality sport clubs, we have to find the qualitative criterion that justifies them. This must then be accepted by society as well. Such aspects of quality and evaluation may show justice. Only one truth exists. Thus the question is how and by what principles we should interpret it. Justice can play a key role in the operation of sport clubs as a moral element. This justice must not necessarily be linked to equality. The goal of this study is to interpret justice as a quality factor in sport clubs. The other goal of the study is to present some theories of justice related to sport. The study examines Bentham’s utilitarianism, Mill’s higher pleasures, and the ideas of libertarianism concerning justice. The theories of justice in addition to social processes also play a key role in today’s sport clubs. During the interpretations, it is important to distinguish between competitive and non-competitive sport clubs in relation to justice. It also depends on the practical applicability of the theory of justice. The practical application of theories of justices should be thoroughly investigated in the life of sport clubs. Then the sport clubs’ management must decide which theory of justice should be introduced. The key question concerns how to apply it consistently in practice while taking into account the interests of existing and prospective members. Finding the potential qualitative key factors for the sport clubs’ qualification is a complex activity. Besides happiness and justice, many other ancient and presently valued virtues can be relevant qualities and distinctive aspects among sport clubs.

  3. The Browser War: An Ethical Analysis of the Struggle between Microsoft and the U.S. Department of Justice.

    Science.gov (United States)

    Meier, Dennis

    1999-01-01

    Examines two ethical questions regarding the ongoing antitrust battle between the U.S. Department of Justice and Microsoft Corporation using traditional rights-based ethical theory, utilitarianism, and John Rawls's principles of justice. Concludes that it is neither good nor fair for a company having a near-monopoly over a market to sell products…

  4. Global Justice and Two Conceptions of Practice-Dependence

    DEFF Research Database (Denmark)

    Ibsen, Malte Frøslee

    2013-01-01

    Practice-dependence has recently gotten a lot of press in political theory, not only for methodological reasons, but also because of its ostensible support for statism – the view that the scope of principles of justice is limited to the nation-state. This article aims to refute the claim that pra......Practice-dependence has recently gotten a lot of press in political theory, not only for methodological reasons, but also because of its ostensible support for statism – the view that the scope of principles of justice is limited to the nation-state. This article aims to refute the claim...... that practice-dependence necessarily entails statism. It distinguishes two senses of practice-dependence in Rawls’s work in order to elucidate how statism follows not from Rawls’s practice-dependence methodologyas such , but from the kind of practices on which his conception depends. By distinguishing basic...... practices from institutionalised practices, we can identify a conception of practice-dependence, realised in the work of Jürgen Habermas, which entails cosmopolitanism. Finally, the article contrasts Rawls’s internal criticism of the nation-state with Habermas’s external criticism and argues in favour...

  5. Intergenerational Justice: How Reasonable Man Discounts Climate Damage

    Directory of Open Access Journals (Sweden)

    Marc D. Davidson

    2012-01-01

    Full Text Available Moral philosophers and economists have evaluated the intergenerational problem of climate change by applying the whole gamut of theories on distributive justice. In this article, however, it is argued that intergenerational justice cannot imply the application of moral ideal theories to future generations. The formal principle of equality simply requires us to treat like cases as like. If intergenerational justice is to have any meaning, it would require future generations to receive the same treatment under the law and the same treatment from the authorities, as far as cases are like. In the context of climate change, the reasonable man standard from tort law is of particular relevance. There is no justification to handle pollution across generational boundaries according to norms which differ from the (international laws for handling pollution across national borders. It is argued that this implies, for example, that a zero social rate of time preference should be used in cost-benefit analysis of climate policy: climate damage experienced by future generations should be discounted neither for their higher expected wealth, nor purely for their being remote.

  6. A survey on constitutional justice

    Directory of Open Access Journals (Sweden)

    Kheirollah Parvin

    2015-05-01

    Full Text Available The idea of supervising the conformity of statutory law with constitutional law, is due to necessities rooted in two essential principles: the supremacy of constitution and the hierarchy of the law. Constitution as the supreme law in the sense of status and legal value , is placed at the top of the legal pyramid of every political system and therefore requires a special organization and discipline that will act as the sanction of the principles and the main content incorporated in this legal instrument. this special organization and discipline known as Constitutional justice in legal Literature now and have studing in two main patterns. Firs pattern based on Supervision of courts on rules and other pattern is Apply by Emphasis on role of Political Institutions in Supervision on rules. This two patterns have common purpose but have different backgrounds and methods.

  7. On the Scope of Justice: In Defence of the Political Conception

    DEFF Research Database (Denmark)

    Midtgaard, Søren Flinch

    2012-01-01

    , that in central instances of international coercion such as immigration control people are not asked to accept the ongoing coercion. Consequently, the problem of justice does not, on Thomas Nagel’s view, arise internationally. Furthermore, to the extent that political authority is exercised internationally......The paper defends the so-called political conception of the scope of justice proposed by Thomas Nagel. The argument has three stages: (a) I argue that A. J. Julius’ infl uential criticism of the political conception can be answered. Pace Julius, actual and (relevant) hypothetical cases of state......, it does not give rise to justifi catory burdens involving principles of distributive justice. (c) I relate the notion of authority to other aspects of the political conception, including responsibility, and argue that together they constitute an attractive alternative to an infl uential allocative...

  8. Justice orientation as a moderator of the framing effect on procedural justice perception.

    Science.gov (United States)

    Sasaki, Hiroyuki; Hayashi, Yoichiro

    2014-01-01

    Justice orientation is a justice-relevant personality trait, which is referred to as the tendency to attend to fairness issues and to internalize justice as a moral virtue. This study examined the moderating role of justice orientation in the relationship between justice perception and response to a decision problem. The authors manipulated procedural justice and the outcome valence of the decision frame within a vignette, and measured justice orientation of 174 Japanese participants. As hypothesized, the results indicated an interaction between procedural justice and framing manipulation, which was moderated by individual differences in justice orientation. In negative framing, justice effects were larger for individuals with high rather than low justice orientation. The results are explained from a social justice perspective, and the contributions and limitations of this study are also discussed with respect to our sample and framing manipulation.

  9. Retributive and restorative justice.

    Science.gov (United States)

    Wenzel, Michael; Okimoto, Tyler G; Feather, Norman T; Platow, Michael J

    2008-10-01

    The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however, lies the parties' construal of their identity relation, specifically whether or not respondents perceive to share an identity with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on restoring a sense of justice after rule-breaking.

  10. Education, Justice, and Discursive Agency: Toward an Educationally Responsive Discourse Ethics

    Science.gov (United States)

    Martin, Christopher

    2016-01-01

    Jürgen Habermas argues that principles of justice should be decided through rational agreement as opposed to force or coercion. Christopher Martin argues in this essay that the success of such a project presupposes sufficiently developed capacities for discursive agency equally distributed within a diverse public sphere. This epistemic…

  11. Income, Wealth and Health Inequalities - A Scottish Social Justice Perspective.

    Science.gov (United States)

    Molony, Elspeth; Duncan, Christine

    2016-01-01

    This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland's vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice-health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare.

  12. Civilisation of Criminal Justice: Restorative Justice amongst other strategies

    NARCIS (Netherlands)

    J.R. Blad (John)

    2013-01-01

    markdownabstract__Abstract__ Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be

  13. OVERVIEW OF RUSSIAN CIVIL JUSTICE

    Directory of Open Access Journals (Sweden)

    D. Maleshin

    2016-01-01

    Full Text Available Contemporary Russian civil procedure is not a pure Continental model because it also has procedural features of the common law system, as well as some other original and exceptional features. This article examines the main aspects of Russian civil justice: its main principles; judicial organization, including the structure of the courts and the division between courts of general jurisdiction and arbitrazh (commercial courts, and the Intellectual Property Court; sources of procedural law; bar organization; the jurisdiction of the courts; actions and proceedings; legal costs; evidence; administrative procedure; class actions; enforcement proceedings; and arbitration and mediation.

  14. Corrective Justice vs. Social Justice in the Aftermath of War

    Directory of Open Access Journals (Sweden)

    Pablo Kalmanovitz

    2010-11-01

    Full Text Available How do we justify the practice of corrective justice for losses suffered during armed conflicts? This article seeks to show the force and relevance of this question, and to argue that, in cases of massively destructive wars, social justice should gain priority over corrective justice. Starting from a liberal Rawlsian conception of the relationship between corrective and social justice, it is argued that, paradoxically, the more destructive a war is, the less normative force corrective rights have and the higher priority policies of social justice, which guarantee basic rights to all citizens, should have.

  15. Equality and Tax Law : A Matter of Principle

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Happé, R.H.

    2005-01-01

    Nowadays, tax legislation provides fewer safeguards as regards general principles of justice such as legal certainty, equality, impartiality and neutrality. This article shows that the concept of checks and balances is indispensable in tax law. By reviewing tax legislation, the Netherlands Supreme

  16. Contemporary Transitional Justice

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    2017-01-01

    This article studies the contemporary expression of transitional justice, a field of practice through which global governance is exercised. It argues that transitional justice is being normalised, given the normative and empirical de-legitimisation of its premise of exceptionalism. The article...... theorises exceptionalism and normalcy in transitional justice and identifies three macro-level causes of normalisation: the legalisation, internationalisation, and professionalization of the field. This argument is illustrated by a study of Uganda’s trajectory of transitional justice since 1986. Across five...... phases of transitional justice, processes of legalisation, internationalisation, and professionalization have contributed to the gradual dismantling of the country’s exceptional justice. The case demonstrates, further, that normalization is a contested and incomplete process....

  17. THE SIGNIFICANCE OF THE COMPLEMENTARITY PRINCIPLE WITHIN THE ROME STATUTE IN INTERNATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Heribertus Jaka Triyana

    2014-03-01

    Full Text Available In practice, the application of the complementarity principle in the Rome Statute remains unclear, particularly with respect to the prioritization of national penal law jurisdiction. This paper willdiscuss the relevance of the complementarity principle to the development of a national criminal justice system and to the investigation and prosecution of the most serious crimes provided for in the Statute. It was concluded that the complementarity principle should be used to unravel the twisted development of the national criminal justice system in accordance with the provisions of international law. We need to establish our national criminal justice system as the main and foremost forum (hence, willing and able in the process of investigating and prosecuting the most serious crimes on earth. Dalam praktik, aplikasi Asas Pelengkap (the complementarity principle dalam Statuta Roma masihbelum jelas, khususnya terkait dengan pengutamaan (prioritization yurisdiksi hukum pidana nasional. Oleh karena itu, tulisan ini akan membahas relevansi asas tersebut terhadap pembangunan sistem hukum pidana nasional dan terhadap penyelidikan dan penuntutan kejahatan paling serius yang diatur dalam Statuta. Disimpulkan bahwa Asas Pelengkap harus Mahkamah digunakan sebagai pengurai benang kusutpembangunan sistem hukum pidana nasional Indonesia sesuai dengan ketentuan hukum internasional supaya menjadi forum utama (mau dan mampu dalam proses penyelidikan dan penuntutan kejahatan paling serius di muka bumi.

  18. The Ethics of Deprescribing in Older Adults

    NARCIS (Netherlands)

    Reeve, Emily; Denig, Petra; Hilmer, Sarah N.; ter Meulen, Ruud

    2016-01-01

    Deprescribing is the term used to describe the process of withdrawal of an inappropriate medication supervised by a clinician. This article presents a discussion of how the Four Principles of biomedical ethics (beneficence, non-maleficence, autonomy, and justice) that may guide medical

  19. Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

    OpenAIRE

    Carlos Arturo Gómez Pavajeau

    2016-01-01

    The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the supe...

  20. Communicating with Muslim parents: "the four principles" are not as culturally neutral as suggested

    NARCIS (Netherlands)

    A.E. Westra (Anna); D.L. Willems (Dick); B.J. Smit (Bert)

    2009-01-01

    textabstractThe "four principles approach" has been popularly accepted as a set of universal guidelines for biomedical ethics. Based on four allegedly trans-cultural principles (respect for autonomy, nonmaleficence, beneficence and justice), it is supposed to fulfil the need of a 'culturally neutral

  1. Income, Wealth and Health Inequalities — A Scottish Social Justice Perspective

    Directory of Open Access Journals (Sweden)

    Elspeth Molony

    2016-04-01

    Full Text Available This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland’s vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice—health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare.

  2. Income, Wealth and Health Inequalities — A Scottish Social Justice Perspective

    Science.gov (United States)

    Molony, Elspeth; Duncan, Christine

    2016-01-01

    This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland's vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice—health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare. PMID:29546160

  3. On the Scope of Egalitarian Justice

    Directory of Open Access Journals (Sweden)

    Joseph Heath

    2006-05-01

    Full Text Available It is not clear whether the social contract is supposed to merely supplement the unequal gains that individuals are able to make through the exercise of their natural endowments with a set of equal gains secured through social cooperation, or whether the social contract must also compensate individuals for the effects of these natural inequalities, so that they literally become all equal. The issue concerns, in effect, whether natural inequality falls within the scope of egalitarian justice. I think it is fair to say that the majority of egalitarians assume that the principle of equality imposes an obligation to redress natural inequality. Yet there is no consensus on this issue. David Gauthier has made the rejection of the principle of redress a central component of his project. It has often escaped notice that John Rawls also rejects the principle of redress. Thus it is not just anti-egalitarians who reject the principle of redress. There is a current of egalitarian thought– which we might call, for lack of a better term, narrow-scope egalitarianism – which also rejects this principle. In this paper, I would like to show that there is considerable wisdom in the narrow-scope egalitarian position. Many of the problems that lead theorists to reject egalitarianism in its entirety are a consequence, not of the principle of equality per se, but rather of the commitment to redress natural inequality. The narrow-scope view avoids all of these difficulties.

  4. Libraries in the light of the concepts of administrative ethics and organizational justice: Libraries in Izmir

    OpenAIRE

    Yalçın, Yusuf; Gençbüyür, Halil

    2015-01-01

    Both administrative ethics and organizational justice concepts that are the subparts of occupational ethics have become important day by day. In this context, creating ethical values has an important role in establishing a safe relation among users, libraries and top management. The concept of “administrative ethics and organizational justice” that guide to select and apply the truth in the process of decision–making also leads to apply the principles such as justice, equality and merit in ma...

  5. Communicating with Muslim parents: "the four principles" are not as culturally neutral as suggested

    NARCIS (Netherlands)

    Westra, A.E.; Willems, D.L.; Smit, B.J.

    2009-01-01

    The "four principles approach" has been popularly accepted as a set of universal guidelines for biomedical ethics. Based on four allegedly trans-cultural principles (respect for autonomy, nonmaleficence, beneficence and justice), it is supposed to fulfil the need of a 'culturally neutral approach to

  6. Values and ethical principles for practicing as magistrate/ legal advisor out of the perspective of the codes and national and international statements of principles

    Directory of Open Access Journals (Sweden)

    Marţian Iovan

    2016-10-01

    Full Text Available The coordinating and regulating role of the moral values, of the Deontological Code in practicing the magistrate/ legal advisor position is analysed in this article, so that their decisions correspond the universal imperative of practical accomplishment of justice, implicitly to the audience’s expectations with regard to the efficiency and efficacy of the services delivered by the institutions in the judicial system. The subject is of obvious actuality, fact which results in the existence of a relevant number of cases of violation, deforming of the ethical principles, of the specific deontological norms for the legal advisors, especially for the magistrates, which occur in performing the act of justice. The author highlights through examples, the harmful effects of some magistrates’ side-slipping from the ethical principles (Independence, Impartiality, Integrity stipulated in the most important deontological codes, statements of principles or national and international conventions. The logical conclusion, resulting from the analyses, aims to perfection the judicial system, the moral part of the legal higher education, of the magistrates’ continuous training and assessment.

  7. Ethical principles and theories.

    Science.gov (United States)

    Schultz, R C

    1993-01-01

    Ethical theory about what is right and good in human conduct lies behind the issues practitioners face and the codes they turn to for guidance; it also provides guidance for actions, practices, and policies. Principles of obligation, such as egoism, utilitarianism, and deontology, offer general answers to the question, "Which acts/practices are morally right?" A re-emerging alternative to using such principles to assess individual conduct is to center normative theory on personal virtues. For structuring society's institutions, principles of social justice offer alternative answers to the question, "How should social benefits and burdens be distributed?" But human concerns about right and good call for more than just theoretical responses. Some critics (eg, the postmodernists and the feminists) charge that normative ethical theorizing is a misguided enterprise. However, that charge should be taken as a caution and not as a refutation of normative ethical theorizing.

  8. Social Justice and Social Order: Binding Moralities across the Political Spectrum.

    Science.gov (United States)

    Janoff-Bulman, Ronnie; Carnes, Nate C

    2016-01-01

    Two studies explored the relationship between political ideology and endorsement of a range of moral principles. Political liberals and conservatives did not differ on intrapersonal or interpersonal moralities, which require self-regulation. However differences emerged on collective moralities, which involve social regulation. Contrary to Moral Foundations Theory, both liberals and conservatives endorsed a group-focused binding morality, specifically Social Justice and Social Order respectively. Libertarians were the group without a binding morality. Although Social Justice and Social Order appear conflictual, analyses based on earlier cross-cultural work on societal tightness-looseness suggest that countries actually benefit in terms of economic success and societal well-being when these group-based moralities co-exist and serve as counterweights in social regulation.

  9. Support for Restorative Justice in a Sample of U.S. University Students.

    Science.gov (United States)

    Ahlin, Eileen M; Gibbs, Jennifer C; Kavanaugh, Philip R; Lee, Joongyeup

    2017-02-01

    Theories of restorative justice suggest that the practice works best when offenders are enmeshed in multiple interdependencies or attachments to others and belong to a culture that facilitates communitarianism instead of individualism. Restorative justice principles and practices are thus believed to be incongruent with the individualistic culture and legal system of the United States, especially compared with that of nations like Australia and Japan. Using a nonprobability convenience sample of students enrolled in a large public university in the United States, our study examines attitudes toward restorative justice as a fair and just process for reintegrating offenders and meeting the needs of victims. Results indicate that our sample holds less punitive attitudes than citizens in either Australia or Japan. Our findings are discussed in light of recent policy shifts in the United States that suggest a concerted move toward decarceration following the 2008 recession.

  10. Empathy and motivation for justice: Cognitive empathy and concern, but not emotional empathy, predict sensitivity to injustice for others.

    Science.gov (United States)

    Decety, Jean; Yoder, Keith J

    2016-01-01

    Why do people tend to care for upholding principles of justice? This study examined the association between individual differences in the affective, motivational and cognitive components of empathy, sensitivity to justice, and psychopathy in participants (N 265) who were also asked to rate the permissibility of everyday moral situations that pit personal benefit against moral standards of justice. Counter to common sense, emotional empathy was not associated with sensitivity to injustice for others. Rather, individual differences in cognitive empathy and empathic concern predicted sensitivity to justice for others, as well as the endorsement of moral rules. Psychopathy coldheartedness scores were inversely associated with motivation for justice. Moreover, hierarchical multiple linear regression analysis revealed that self-focused and other-focused orientations toward justice had opposing influences on the permissibility of moral judgments. High scores on psychopathy were associated with less moral condemnation of immoral behavior. Together, these results contribute to a better understanding of the information processing mechanisms underlying justice motivation, and may guide interventions designed to foster justice and moral behavior. In order to promote justice motivation, it may be more effective to encourage perspective taking and reasoning than emphasizing emotional sharing with the misfortune of others.

  11. JOHN RAWLS’ DIFFERENCE PRINCIPLE: EVIDENCE FROM GUATEMALA

    OpenAIRE

    Brian J. Quarles

    2011-01-01

    While literature indicates that strong intellectual property (IP) protection is needed to attract foreign direct investment (FDI) in developing countries like Guatemala, the literature fails to address adequately the economic, social, and political considerations facing developing nations in the reformation of their IP laws. This article addresses those considerations by applying John Rawls’ Difference Principle. Rawls’ Difference Principle depicts justice as an issue of fairness, which f...

  12. When four principles are too many: a commentary.

    Science.gov (United States)

    Gillon, Raanan

    2012-04-01

    This commentary briefly argues that the four prima facie principles of beneficence, non-maleficence, respect for autonomy and justice enable a clinician (and anybody else) to make ethical sense of the author's proposed reliance on professional guidance and rules, on law, on professional integrity and on best interests, and to subject them all to ethical analysis and criticism based on widely acceptable basic prima facie moral obligations; and also to confront new situations in the light of those acceptable principles.

  13. NDTAC Practice Guide: Quality Education Services Are Critical for Youth Involved with the Juvenile Justice and Child Welfare Systems

    Science.gov (United States)

    Gonsoulin, Simon; Clark, Heather Griller; Rankin, Victoria E.

    2015-01-01

    This National Evaluation and Technical Assistance Center for the Education of Children and Youth Who are Neglected, Delinquent, or At-Risk (NDTAC) practice guide examines the principle that quality education services are critical for youth involved with the juvenile justice and child welfare systems. This principle asserts that, to address the…

  14. Justice seems not to be for all: Exploring the scope of justice

    OpenAIRE

    Lima-Nunes, Aline; Pereira, Cícero Roberto; Correia, Isabel

    2013-01-01

    The idea that “justice is for everyone” seems to be over. A justice perception can have unfair consequences for those who are perceived not to be included within the boundaries of fairness. This is what the scope of justice is all about: who is within and who is outside of the “justice boundaries”. This paper intends to clarify the concept and explain how social psychologists work with it in real-life contexts. We argue that the scope of justice is a key concept that helps us to understand a ...

  15. The Relationship Between Organizational Justice and Innovative Behaviour

    Directory of Open Access Journals (Sweden)

    Ivana Jašková

    2017-12-01

    Full Text Available The aim of this article is to review the literary sources dealing with the direct or indirect relationship between organizational justice and innovative behaviour. Innovative employee behaviour is a precondition for a company to realize innovation on an organizational level. However, this is a discretionary behaviour which is not enforceable by the company. The extent and efficiency of this behaviour can, however, be influenced by the creation of a fair working environment (in terms of rewards and the redistribution of resources, in terms of corporate processes and creating space for employees to become involved in the decision-making process, and in terms of interpersonal relations and communication, both on the part of superiors and co-workers. A direct relationship between these variables has not been demonstrated by many empirical studies, but there is evidence of an indirect relationship between organizational justice and innovative behaviour. This can be supported by formal procedures within the company (for example, a system for submitting suggestions or in an informal way through the provision of support from management, a psychological contract or the creation of a positive climate within the company in accordance with the principles of organizational justice, which helps to motivate employees to submit innovative suggestions.

  16. Health and justice: the capability to be healthy.

    OpenAIRE

    Venkatapuram, Sridhar

    2009-01-01

    This is an inter-disciplinary argument for a moral entitlement to a capability to be healthy. Motivated by the goal to make a human right to health intelligible and justifiable, the thesis extends the capability approach, advocated by Amartya Sen and Martha Nussbaum, to the theory and practice of the human health sciences. Moral claims related to human health are considered at the level of ethical theory, or a level of abstraction where principles of social justice that determine the purpos...

  17. Advancing an energy justice perspective of fuel poverty: Household vulnerability and domestic retrofit policy in the United Kingdom

    OpenAIRE

    Gillard, Ross; Snell, Carolyn Jane; Bevan, Mark Alistair

    2017-01-01

    The concept of energy justice is increasingly relevant in industrialised countries, where policymakers face significant challenges to establishing affordable, low-carbon and secure energy systems. This emerging field has brought philosophies of ethics and principles of social justice to bear on a range of contemporary energy issues. More inter-disciplinary and applied endeavours are now needed to take this field forward. One such application is to the issue of fuel poverty and the challenge o...

  18. Justice delayed is justice denied: Protecting Miners against ...

    African Journals Online (AJOL)

    Justice delayed is justice denied: Protecting Miners against Occupational ... of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of ... of the Mankayi case for the system of occupational health and safety in South Africa. ... KEYWORDS: Occupational health; diseases; injuries; employees; protection; ...

  19. Coexisting principles and logics of elder care

    DEFF Research Database (Denmark)

    Dahl, Hanne Marlene; Eskelinen, Leena; Boll Hansen, Eigil

    2015-01-01

    Healthy and active ageing has become an ideal in Western societies. In the Nordic countries, this ideal has been supported through a policy of help to self-help in elder care since the 1980s. However, reforms inspired by New Public Management (NPM) have introduced a new policy principle of consumer......-oriented service that stresses the wishes and priorities of older people. We have studied how these two principles are applied by care workers in Denmark. Is one principle or logic replacing the other, or do they coexist? Do they create tensions between professional knowledge and the autonomy of older people......? Using neo-institutional theory and feminist care theory, we analysed the articulation of the two policy principles in interviews and their logics in observations in four local authorities. We conclude that help to self-help is the dominant principle, that it is deeply entrenched in the identity...

  20. Conflict Management, Transitional Justice and De-radicalization – Different, but common goals

    Directory of Open Access Journals (Sweden)

    Anna Mühlhausen

    2016-12-01

    Full Text Available The aim of this working paper is to explore common issues between the process of reconciliation in post-conflict societies, negotiations and the renouncement of violent means. This paper brings forward the argument that reconciliation, negotiations as well as disengagement or de-radicalization processes are important for a non-violent communication between extremists and the society they should re-integrate. Re-opening communication channels after terrorist violence can help to build trust and chance former conflict party’s mindsets. Comparing the principles of victim-oriented instruments of transitional justice to the disengagement process of perpetrators demonstrates some reasons for successful collective disengagement. Furthermore, especially amnesties, ore milder punishment are important incentives for negotiations and disengagement. This is often evaluated as unjust by victims and may suppress a further truth-finding process. Choosing completive restorative justice instruments like public apologies and public discussions in truth-finding processes can increase justice for victims and makes de-radicalization processes more lasting.

  1. Co-workers' Justice Judgments, own Justice Judgments and Employee Commitment: A multi-foci approach

    Directory of Open Access Journals (Sweden)

    Florence Stinglhamber

    2008-06-01

    Full Text Available Using a sample of 212 employees, we conducted a study to examine whether employees use their co-workers' fairness perceptions to generate their own justice judgments and to develop their subsequent affective commitment. The conceptual framework used to investigate these linkages is social exchange theory combined with a multiple foci approach. Results of the structural equation modeling analyses revealed that co-workers' procedural justice judgments strengthened employee's own procedural justice judgments, which in turn influenced their affective commitment to the organisation. Similarly, co-workers' interactional justice judgments increased employee's own interactional justice judgments, which in turn impacted on their affective commitment to both the supervisor and the organisation. As a whole, findings suggest that coworkers' justice judgments strengthened employee's affective attachments toward the justice sources by reinforcing employee's own justice perceptions.

  2. Social Justice and Technocracy: Tracing the Narratives of Inclusive Education in the USA

    Science.gov (United States)

    Danforth, Scot

    2016-01-01

    Over the past two decades, the percentage of American students with disabilities educated in general classrooms with their nondisabled peers has risen by approximately 50%. This gradual but steady policy shift has been driven by two distinct narratives of organisational change. The social justice narrative espouses principles of equality and…

  3. Declaration of Basic Principles for the Treatment of Prisoners.

    Science.gov (United States)

    Cosman, J. W.

    1989-01-01

    Education does not flourish in prisons because of prevailing notions about the punitive and retributive purposes of prisons. The United Nations is considering a Declaration of Basic Principles for the Treatment of Prisoners that is intended to bring education to the forefront of criminal justice policy. (SK)

  4. Social Justice and Social Order: Binding Moralities across the Political Spectrum.

    Directory of Open Access Journals (Sweden)

    Ronnie Janoff-Bulman

    Full Text Available Two studies explored the relationship between political ideology and endorsement of a range of moral principles. Political liberals and conservatives did not differ on intrapersonal or interpersonal moralities, which require self-regulation. However differences emerged on collective moralities, which involve social regulation. Contrary to Moral Foundations Theory, both liberals and conservatives endorsed a group-focused binding morality, specifically Social Justice and Social Order respectively. Libertarians were the group without a binding morality. Although Social Justice and Social Order appear conflictual, analyses based on earlier cross-cultural work on societal tightness-looseness suggest that countries actually benefit in terms of economic success and societal well-being when these group-based moralities co-exist and serve as counterweights in social regulation.

  5. Illustrating the Importance of Critical Epistemology to Realize the Promise of Occupational Justice.

    Science.gov (United States)

    Farias, Lisette; Laliberte Rudman, Debbie; Magalhães, Lilian

    2016-08-24

    This article argues that it is vital to embrace critical reflexivity to interrogate the epistemological beliefs and principles guiding occupation-based scholarship to move away from frameworks that are incongruent with calls for occupational justice. For this purpose, we describe an epistemic tension between the stated intentions to demonstrate that occupation-based work can be a means to create a more just society and the epistemological beliefs that have historically dominated occupation-based scholarship. To exemplify the potential implications of this tension, a critical analysis of Creswell's social justice/transformative design is presented, illustrating that work that expresses a commitment to social justice while relying on positivist/postpositivist assumptions often risks perpetuating injustices through neglecting their sociopolitical construction. Drawing upon critical social theory, we highlight how engagement with critical epistemological assumptions can facilitate addressing the sociopolitical "roots" of occupational injustices and highlight directions for social transformation. © The Author(s) 2016.

  6. EQUITY EVALUATION OF PADDY IRRIGATION WATER DISTRIBUTION BY SOCIETY-JUSTICE-WATER DISTRIBUTION RULE HYPOTHESIS

    Science.gov (United States)

    Tanji, Hajime; Kiri, Hirohide; Kobayashi, Shintaro

    When total supply is smaller than total demand, it is difficult to apply the paddy irrigation water distribution rule. The gap must be narrowed by decreasing demand. Historically, the upstream served rule, rotation schedule, or central schedule weight to irrigated area was adopted. This paper proposes the hypothesis that these rules are dependent on social justice, a hypothesis called the "Society-Justice-Water Distribution Rule Hypothesis". Justice, which means a balance of efficiency and equity of distribution, is discussed under the political philosophy of utilitarianism, liberalism (Rawls), libertarianism, and communitarianism. The upstream served rule can be derived from libertarianism. The rotation schedule and central schedule can be derived from communitarianism. Liberalism can provide arranged schedule to adjust supply and demand based on "the Difference Principle". The authors conclude that to achieve efficiency and equity, liberalism may provide the best solution after modernization.

  7. Globalization and health care: global justice and the role of physicians.

    Science.gov (United States)

    Toumi, Rabee

    2014-02-01

    In today's globalized world, nations cannot be totally isolated from or indifferent to their neighbors, especially in regards to medicine and health. While globalization has brought prosperity to millions, disparities among nations and nationals are growing raising once again the question of justice. Similarly, while medicine has developed dramatically over the past few decades, health disparities at the global level are staggering. Seemingly, what our humanity could achieve in matters of scientific development is not justly distributed to benefit everyone. In this paper, it will be argued that a global theoretical agreement on principles of justice may prove unattainable; however, a grass-roots change is warranted to change the current situation. The UNESCO Declaration on Bioethics and Human Rights will be considered as a starting point to achieve this change through extracting the main values embedded in its principles. These values, namely, respecting human dignity and tending to human vulnerability with a hospitable attitude, should then be revived in medical practice. Medical education will be one possible venue to achieve that, especially through role models. Future physicians will then become the fervent advocates for a global and just distribution of health care.

  8. Access to justice within the sustainable self-governance model

    OpenAIRE

    Stephen Tully

    2004-01-01

    Little attention has been given to the development and operation of non-state models of global governance and the extent to which they conform to principles of good governance. Focusing primarily on issues of access to justice and secondarily on the independence of such bodies from the industries which they purport to regulate, this paper argues that adjudicative mechanisms established by non-governmental organisations (NGOs) and firms may not produce outcomes which are considered 'just' by t...

  9. Taxation of Wage Incomes in Terms of Tax Justice in Turkey

    Directory of Open Access Journals (Sweden)

    Hakan BAY

    2017-12-01

    Full Text Available While wage income is taxed in the Turkish tax system, it is observed that some taxpayer groups have been taxed in different procedures and thus a number of practices have been observed that have damaged the tax justice. Since the wage income is generally taxed by withholding, this situation causes some problems in terms of tax justice. The fact that the application of the annual declaration is limited in the taxation of the wage income makes the wage earners disadvantageous to those who earn income and revenues from the other income elements in terms of the deductions that can be utilized in reaching the net income. In addition, as a requirement of the separation principle, the wage incomes have to be taxed at a lower rate than capital gains. In this study, the regulations regarding the taxation of the wage incomes in the Turkish tax system will be examined and applications contrary to the tax justice will be presented and the necessary suggestions will be made.

  10. Geographies of justice: preschool-childcare provision and the conceptualisation of social justice

    OpenAIRE

    S L Holloway

    1998-01-01

    During the 1990s geographers of diverse philosophical orientations have shown a renewed interest in questions of justice. The author draws on empirical work on childcare provision in Sheffield, England, in order to evaluate two different approaches to the geography of justice and hence the theories of social justice which lie behind these; in particular she explores the different geographies of childcare produced by the territorial-justice approach, which is based on a liberal conception of s...

  11. Justice at the millennium: a meta-analytic review of 25 years of organizational justice research.

    Science.gov (United States)

    Colquitt, J A; Conlon, D E; Wesson, M J; Porter, C O; Ng, K Y

    2001-06-01

    The field of organizational justice continues to be marked by several important research questions, including the size of relationships among justice dimensions, the relative importance of different justice criteria, and the unique effects of justice dimensions on key outcomes. To address such questions, the authors conducted a meta-analytic review of 183 justice studies. The results suggest that although different justice dimensions are moderately to highly related, they contribute incremental variance explained in fairness perceptions. The results also illustrate the overall and unique relationships among distributive, procedural, interpersonal, and informational justice and several organizational outcomes (e.g., job satisfaction, organizational commitment, evaluation of authority, organizational citizenship behavior, withdrawal, performance). These findings are reviewed in terms of their implications for future research on organizational justice.

  12. From distributive to procedural justice. Justice as a constitutive value of public administration

    Directory of Open Access Journals (Sweden)

    Antonio SANDU

    2016-07-01

    Full Text Available The justice as an ethical value can be considered constitutive for contemporary administrative systems. These ones are asked to transpose into practice the ideal of justice in the community. The functioning of a modern state cannot be conceived without a series of institutions that would guarantee the achievement of justice. The legal system was established specifically to administer justice. Modern democratic systems felt the need for certain courts and extrajudicial procedures to create justice. The institutions required to implement the extrajudicial distribution of justice are part of the public administration, representing a central element of it. The model of a political system based on justice is a minimalist one; the role of the state is limited to making it possible for individuals to follow their own ideal of welfare. Opposed to justice, the ideal of welfare requests the state, and implicitly the administration, to ensure the individual the minimum conditions to live in that community. The minimal state centered on justice is the result of a modern paradigm with post-Kantian reverberations, which emphasize the rationality of human action. If the individual is rational, he only needs fair conditions in order to pursue his own welfare. The role of the administration is to ensure those conditions and to oversee the distribution of goods and services, as well as the distribution and redistribution of added value.

  13. Environmental justice: a criminological perspective

    Science.gov (United States)

    Lynch, Michael J.; Stretesky, Paul B.; Long, Michael A.

    2015-08-01

    This article examines studies related to environmental justice in the criminological literature and from a criminological perspective. Criminologists have long been concerned with injustices in the criminal justice system related to the enforcement of criminal law. In the 1990s, following the emergence of green criminology, a handful of criminologists have drawn attention to environmental justice as an extension of more traditional criminological studies of justice and injustice. Relevant criminological studies of environmental justice are reviewed, and suggestions for future environmental justice research are offered.

  14. OUTLAWING AMNESTY: THE RETURN OF CRIMINAL JUSTICE IN TRANSITIONAL JUSTICE SCHEMES*

    Directory of Open Access Journals (Sweden)

    Lisa J. Laplante, University of Connecticut-School of Law, Estados Unidos

    2012-11-01

    Full Text Available Abstract: This Article responds to an apparent gap in the scholarly literature which fails to merge the fields of human rights law and international criminal law—a step that would resolve the current debate as to whether any amnesty in transitional justice settings is lawful. More specifically, even though both fields are a subset of transitional justice in general, the discipline of international criminal law still supports the theory of “qualified amnesties” in transitional justice schemes, while international human rights law now stands for the proposition that no amnesty is lawful in those settings. This Article brings attention to this new development through a discussion of the Barrios Altos case. This Article seeks to reveal how an international human rights decision can dramatically impact state practice, thus also contributing to a pending question in international human rights law as to whether such jurisprudence is effective in increasing human rights protections. The Article concludes by looking at the implications of this new legal development in regard to amnesties in order to encourage future research regarding the role of criminal justice in transitional justice schemes. Keywords: Amnesty in the Americas. Transitional Justice. Human Rights Violations

  15. The Space for Restorative Justice in the Ethiopian Criminal Justice System

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    Endalew Lijalem Enyew

    2014-12-01

    Full Text Available Restorative Justice (RJ is an alternative way of apprehending crime and justice which views crime as a violation of a relationship among victims, offenders and community, and which allows the active participation of the crime’s stakeholders. It has the objective of ‘putting right’ the wrong done, to restore the broken relationship and to reintegrate the offender back into society. The Ethiopian criminal justice system views crime primarily as a violation of the state’s criminal laws, either in the form of a commission or omission. It excludes the community from participation, and gives no opportunity to the victim to fully participate in the process. Nor is there a satisfactory legal procedure which enables the public prosecutor to adequately protect the victim’s interest. The focus of the public prosecutor is to have the accused convicted and punished, instead of encouraging them to take responsibility to undo the wrong they have committed. This article thus examines whether restorative justice has a place in the formal legal framework of the existing Ethiopian criminal justice system; and analyses the prospects for, and the challenges that may hinder, the implementation of restorative justice practice in this framework.

  16. ECONOMIC EQUALITY OR JUSTICE

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    Ekrem Tufan

    2017-12-01

    Full Text Available From the beginning of economic life, equality has been a matter for human. Intrinsically human has two legs: Selfish and Groupish. Our selfish side does not care equality while Groupish side cares. What about the justice? Does human wants justice more than equalities in economic life? In this research, we have applied a questionnaire to find these two questions answer. As a result we can report that respondents prefer equality rather than justice in negative outcomes. On the other hand, they tend to prefer justice if there is possibility for positive outcomes. We cannot give evidence about gender, education and age differences effect on equality and justice preference.

  17. Organisational justice and change in justice as predictors of employee health: the Whitehall II study.

    Science.gov (United States)

    Kivimäki, Mika; Ferrie, Jane E; Head, Jenny; Shipley, Martin J; Vahtera, Jussi; Marmot, Michael G

    2004-11-01

    Organisational justice has been proposed as a new way to examine the impact of psychosocial work environment on employee health. This article studied the justice of interpersonal treatment by supervisors (the relational component of organisational justice) as a predictor of health. Prospective cohort study. Phase 1 (1985-88) measured relational justice, job demands, job control, social support at work, effort-reward imbalance, and self rated health. Relational justice was assessed again at phase 2 (1989-90) and self rated health at phase 2 and phase 3 (1991-93). 20 civil service departments originally located in London. 10 308 civil servants (6895 men, 3413 women) aged 35-55. Self rated health. Men exposed to low justice at phase 1 or adverse change in justice between phase 1 and phase 2 were at higher risk of poor health at phase 2 and phase 3. A favourable change in justice was associated with reduced risk. Adjustment for other stress indicators had little effect on results. In women, low justice at phase 1 predicted poor health at phase 2 and phase 3 before but not after adjustment for other stress indicators. Adverse change in justice was associated with worse health prospects irrespective of adjustments. The extent to which people are treated with justice in workplaces seems to predict their health independently of established stressors at work. Evidence on reduced health risk after favourable change in organisational justice implies a promising area for health interventions at workplace.

  18. Organizational Justice

    Science.gov (United States)

    Burns, Travis

    2013-01-01

    Helping principals understand the importance of organizational justice is the first step in enhancing learning outcomes for all learners, regardless of their social class, race, abilities, sex, or gender. In schools, organizational justice may be defined as teachers' perceptions of fairness, respect, and equity that relate to their interactions…

  19. Social justice in education: how the function of selection in educational institutions predicts support for (non)egalitarian assessment practices.

    Science.gov (United States)

    Autin, Frédérique; Batruch, Anatolia; Butera, Fabrizio

    2015-01-01

    Educational institutions are considered a keystone for the establishment of a meritocratic society. They supposedly serve two functions: an educational function that promotes learning for all, and a selection function that sorts individuals into different programs, and ultimately social positions, based on individual merit. We study how the function of selection relates to support for assessment practices known to harm vs. benefit lower status students, through the perceived justice principles underlying these practices. We study two assessment practices: normative assessment-focused on ranking and social comparison, known to hinder the success of lower status students-and formative assessment-focused on learning and improvement, known to benefit lower status students. Normative assessment is usually perceived as relying on an equity principle, with rewards being allocated based on merit and should thus appear as positively associated with the function of selection. Formative assessment is usually perceived as relying on corrective justice that aims to ensure equality of outcomes by considering students' needs, which makes it less suitable for the function of selection. A questionnaire measuring these constructs was administered to university students. Results showed that believing that education is intended to select the best students positively predicts support for normative assessment, through increased perception of its reliance on equity, and negatively predicts support for formative assessment, through reduced perception of its ability to establish corrective justice. This study suggests that the belief in the function of selection as inherent to educational institutions can contribute to the reproduction of social inequalities by preventing change from assessment practices known to disadvantage lower-status student, namely normative assessment, to more favorable practices, namely formative assessment, and by promoting matching beliefs in justice principles.

  20. Rawls´ legacy: a limited possibility of a non-speciesist environmental justice

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    Sônia T. Felipe

    2005-01-01

    Full Text Available Publishing A Theory of Justice in 1971 John Rawls defined a conceptual realm of justice as that of a well-ordered society in which some principles of justice should be tested before seeking to apply them to distribute primary goods among co-operative representative subjects (considered as equals within the basic structure of society and other subjects, who are not necessarily co-operative, even if they are included in the contract of justice by the representatives through the indirect moral duties theory. Representative subjects were interested in possessing and preserving − for themselves and for their descendants − all kinds of goods: natural, primary, social and public ones. They are interested in maintaining economic and social distinctions obtained by fair work distribution, as well. In explaining his theory of a fair distribution of primary social goods, John Rawls does not include, at least explicitly, the kind of goods I am suggesting in this paper to be called natural environmental goods, the kind of goods which are indispensable to secure, with no exception, the survival of all organisms subjected to basic needs, including human needs. Natural environmental goods seems to have been forgotten by Rawls, or at least considered as not implicated in his model of a fair institutional distribution of primary social goods. Following what Michael S. PRITCHARD, Wade L. ROBISON, Russ MANNING, Brent A. SINGER, Daniel P. THERO and Troy W. HARTLEY have critically pointed in some of their articles, I am going firstly to show the lack of the concept of natural environmental goods in Rawls’ Theory of Justice, and secondly, I suggest considering natural environmental goods as part of a non-speciesist theory of justice. So, I hope to contribute to extend the philosophical legacy of A Theory of Justice, in order to include in our moral consideration needs and interests of all living beings. In other words, I will try to consider the issue of justice

  1. Equality in the Framework of Justice

    OpenAIRE

    Aşik, Kübra

    2015-01-01

    This thesis assesses the relation between equality and justice by exploring and identifying the relation between equality and justice in Rawls's theory of justice, Sandel's communitarian account of Justice and Sen's capability approach. And these accounts of justice are evaluated from an egalitarian point of view. The main argument defended in the thesis is that justice requires equality. Accordingly, these three accounts of justice are evaluated by taking their understanding of equality into...

  2. Addressing elder abuse: the Waterloo restorative justice approach to elder abuse project.

    Science.gov (United States)

    Groh, Arlene; Linden, Rick

    2011-04-01

    The Community Care Access Centre (CCAC) of Waterloo Region, in partnership with a number of other social service agencies, designed and implemented a restorative justice model applicable to older adults who have been abused by an individual in a position of trust. The project was very successful in building partnerships, as many community agencies came together to deal with the problem of elder abuse. The program also raised the profile of elder abuse in the community. However, despite intensive efforts, referrals to the restorative justice program were quite low. Because of this, the program moved to a new organizational model, the Elder Abuse Response Team (EART), which has retained the guiding philosophy of restorative justice but has broadened the mandate. The team has evolved into a conflict management system that has multiple points of entry for cases and multiple options for dealing with elder abuse. The team has developed a broad range of community partners who can facilitate referrals to the EART and also can help to provide an individualized response to each case. The transition to the EART has been successful, and the number of referrals has increased significantly. Copyright © Taylor & Francis Group, LLC

  3. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  4. Student Perceptions of Social Justice and Social Justice Activities

    Science.gov (United States)

    Torres-Harding, Susan R.; Steele, Cheronda; Schulz, Erica; Taha, Farah; Pico, Chantal

    2014-01-01

    Encouraging students to engage in activities that actively seek to promote social justice is a goal of many educators. This study analyzed college student perceptions around social justice and related activities in a medium-sized, urban university in the United States. Students' open-ended responses to questions assessing their perceptions of…

  5. Ethical principles in the work of nurse educator-A cross-sectional study.

    Science.gov (United States)

    Salminen, Leena; Stolt, Minna; Metsämäki, Riikka; Rinne, Jenni; Kasen, Anne; Leino-Kilpi, Helena

    2016-01-01

    The application of ethical principles within the teaching profession and nursing practice forms the core of the nurse educator's professional ethics. However, research focusing on the professional ethics of nurse educators is scarce. To describe ethical principles and issues relating to the work of nurse educators from the perspectives of both nurse educators themselves and nursing students. A descriptive study using cross-sectional data and content analysis. Nursing education program involving students from nine polytechnics in Finland. Nursing students (n=202) and nurse educators (n=342). Data were derived from an online survey, with two open-ended questions: Nursing students and nurse educators were asked to name the three main ethical principles that guide the work of nurse educators and also to describe ethical issues involved in the work. Students most often named professionalism, justice, and equality as the main ethical principles for a nurse educator. Nurse educators considered justice, equality, and honesty as the main ethical principles. The content analysis showed that professionalism and the relationship between educator and student were the key categories for ethical issues as perceived by nursing students. Nursing students most often identified inequality between the nurse educator and nursing student as the ethical issue faced by the nurse educator. Nursing students and nurse educators differed somewhat both in their views of the ethical principles guiding an educator's work and in the ethical issues arising in the work. Copyright © 2015 Elsevier Ltd. All rights reserved.

  6. The nullum crimen sine iure principle in contemporary International Law

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    Hector Olásolo Alonso

    2014-03-01

    Full Text Available This paper deals with the evolution and current content of the nullum crimen sine iure principle in international law. It analyses the development of the nullum crimen principle from its definition as a principle of justice at the end of Second World War, to its current definition as an individual right imposing a limitation upon States’ sovereignty. The article also explains that, nowadays, the nullum cri- men principle requires for the relevant conduct to be a crime at the time of its com- mission, according to any of the sources of criminal law in the relevant national or international legal system. No written law is necessarily required. As a result, accessibility and foreseability are the main elements of the nullum crimen principle in current international law.

  7. Maltreatment, family environment, and social risk factors: Determinants of the child welfare to juvenile justice transition among maltreated children and adolescents.

    Science.gov (United States)

    Vidal, Sarah; Prince, Dana; Connell, Christian M; Caron, Colleen M; Kaufman, Joy S; Tebes, Jacob K

    2017-01-01

    This study prospectively examines the transition from the child welfare system into the juvenile justice system among 10,850 maltreated children and adolescents and explores how patterns of risks, including severity and chronicity of maltreatment, adverse family environment, and social risk factors, affect service systems transition. Almost three percent of maltreated children and adolescents had their first juvenile justice adjudication within an average of approximately six years of their initial child protective services investigation (CPS). Social risk factors, including a child's age at index CPS investigation (older), gender (boys), and race/ethnicity (Black and Hispanic) significantly predicted the risk of transition into the juvenile justice system. Recurrence of maltreatment and experiencing at least one incident of neglect over the course of the study period also increased the risk of transition into the juvenile justice system. However, subtypes of maltreatment, including physical, sexual, and other types of abuse did not significantly predict the risk of juvenile justice system transition. Finally, family environment characterized by poverty also significantly increased the risk of juvenile justice system transition. These findings have important implications for developing and tailoring services for maltreated children, particularly those at-risk for transitioning into the juvenile justice system. Copyright © 2016 Elsevier Ltd. All rights reserved.

  8. On the relationship between justice and forgiveness: are all forms of justice made equal?

    Science.gov (United States)

    Wenzel, Michael; Okimoto, Tyler G

    2014-09-01

    This research investigates whether, following a wrongdoing, the restoration of justice promotes forgiveness. Three studies - one correlational recall study and two experimental scenario studies - provide evidence that while a restored sense of justice is overall positively related to forgiveness, forgiveness is highly dependent on the means of justice restoration being retributive (punitive) versus restorative (consensus-seeking) in nature. The findings showed that, overall, restorative but not retributive responses led to greater forgiveness. Although both retributive and restorative responses appeared to increase forgiveness indirectly through increased feelings of justice, for retributive responses these effects were counteracted by direct effects on forgiveness. Moreover, the experimental evidence showed that, while feelings of justice derived from restorative responses were positively related to forgiveness, feelings of justice derived from retributive responses were not. © 2013 The British Psychological Society.

  9. New perspectives on the theory of justice: implications for physical therapy ethics and clinical practice.

    Science.gov (United States)

    Edwards, Ian; Delany, Clare M; Townsend, Anne F; Swisher, Laura Lee

    2011-11-01

    Recent revisions of physical therapy codes of ethics have included a new emphasis concerning health inequities and social injustice. This emphasis reflects the growing evidence regarding the importance of social determinants of health, epidemiological trends for health service delivery, and the enhanced participation of physical therapists in shaping health care reform in a number of international contexts. This perspective article suggests that there is a "disconnect" between the societal obligations and aspirations expressed in the revised codes and the individualist ethical frameworks that predominantly underpin them. Primary health care is an approach to health care arising from an understanding of the nexus between health and social disadvantage that considers the health needs of patients as expressive of the health needs of the communities of which they are members. It is proposed that re-thinking ethical frameworks expressed in codes of ethics can both inform and underpin practical strategies for working in primary health care. This perspective article provides a new focus on the ethical principle of justice: the ethical principle that arguably remains the least consensually understood and developed in the ethics literature of physical therapy. A relatively recent theory of justice known as the "capability approach to justice" is discussed, along with its potential to assist physical therapy practitioners to further develop moral agency in order to address situations of health inequity and social injustice in clinical practice.

  10. Justice and feelings: Toward a new era in justice research

    NARCIS (Netherlands)

    D. de Cremer (David); K. van den Bos (Kees)

    2007-01-01

    textabstractIn this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position

  11. How does justice smell? Reflections on space and place, justice and the body

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    Jacob Meiring

    2016-11-01

    Full Text Available Flowing from a joint consultation on Spatial Justice and Reconciliation on 21–22 September 2015, hosted by the Centre for Contextual Ministry and the Ubuntu Research Project of the University of Pretoria, this article reflects on the notions of space and justice from the perspective of a contemporary theological anthropology as ‘embodied sensing’, where the making of meaning is sensed in the body. The argument is put forward that spatial justice is an embodied endeavour and that it cannot be achieved disconnected from the bodies of the persons in the concrete context where justice is strived for and where bodies can flourish. The relation between spatial justice, sense of place, human flourishing and the embodied sensing of meaning is explored.

  12. Justice on Both Sides: Transforming Education through Restorative Justice

    Science.gov (United States)

    Winn, Maisha T.

    2018-01-01

    Restorative justice represents "a paradigm shift in the way Americans conceptualize and administer punishment," says author Maisha T. Winn, from a focus on crime to a focus on harm, including the needs of both those who were harmed and those who caused it. Her book, "Justice on Both Sides," provides an urgently needed,…

  13. Seven Theses on Spanish Justice to understand the Prosecution of Judge Garzón

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    Joxerramon Bengoetxea

    2011-12-01

    Full Text Available Judges may not decide cases as they wish, they are subject to the law they are entrusted to apply, a law made by the legislator (heteronomy. But in doing so, they do not take any instruction from any other power or instance (independence or autonomy. Sometimes, they apply the law of the land taking into account the norms and principles of other, international, supranational, even transnational systems. In such cases, again, they perform a delicate balance between autonomy (domestic legal order and domestic culture of legal interpretation and heteronomy (external legal order and culture of interpretation. There are common shared aspects of Justice in the Member States of the EU, but, this contribution explores some, perhaps the most salient, features of Spanish Justice in this wider European context. They are not exclusive to Spain, but they way they combine and interact, and their intensity is quite uniquely Spanish. These are seven theses about Justice in Spain.

  14. Executive impunity and parallel justice? The United Kingdom debate on secret inquests and inquiries.

    Science.gov (United States)

    Bray, Rebecca Scott

    2012-03-01

    At the beginning of 2008, the United Kingdom Government rolled into the Counter-Terrorism Bill some controversial proposals to reform coronial inquest processes, namely clauses that would provide for "secret inquests". The provisions were heavily criticised both inside and outside Parliament, and took a rocky passage through both the House of Commons and the House of Lords before eventually being abandoned by the government. In 2009 the government again tried to introduce "secret inquests" with the Coroners and Justice Bill, instead ultimately succeeding in establishing what critics have termed a "parallel" system of justice through provisions around "secret inquiries". This move has been seen as subverting the principles of transparency and open justice in the investigation of contentious deaths. This article examines the government's efforts to introduce "secret inquests" and thereafter "secret inquiries" in the context of the United Kingdom's coronial law and purpose, human rights obligations and the ongoing issues around sensitive intelligence, and examines the clash of laws that gave rise to the controversial proposals.

  15. Distributive justice and infertility treatment in Canada.

    Science.gov (United States)

    Nisker, Jeff

    2008-05-01

    An exploration of distributive justice in Canadian infertility treatment requires the integration of ethical, clinical, and economic principles. In 1971, American philosopher John Rawls proposed a theoretical model for fair decision-making in which "rational" and "self-interested" citizens are behind a "veil of ignorance" with respect to both their own position and the position of other decision-makers. Rawls proposed that these self-interested decision-makers, fearing that they are among the least advantaged persons who could be affected by the decision, will agree only upon rules that encode equality of opportunity and that bestow the greatest benefit on the least advantaged citizens. Regarding health policy decision-making, Rawls' model is best illustrated by Canadian philosopher Warren Bourgeois in his panel of "volunteers." These rational and self-interested volunteers receive an amnestic drug that renders them unaware of their health, social, and financial position, but they know that they are representative of diverse spheres of citizens whose well-being will be affected by their decision. After describing fair decision-making, Bourgeois considers the lack of a distributive justice imperative in Canada's Assisted Human Reproduction Act, in contrast to legislation in European nations and Australia, summarizes the economic and clinical considerations that must be provided to the decision-makers behind the "veil of ignorance" for fair decisions to occur, and considers altruism in relation to equality of access. He concludes by noting that among countries with legislation governing assisted reproduction Canada is alone in having legislation that is void of distributive justice in providing access to clinically appropriate infertility care.

  16. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

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    R. Perlingeiro

    2016-01-01

    Full Text Available This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela. According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.

  17. JUSTICIA RESTAURATIVA Y PROCESO PENAL GARANTÍAS PROCESALES: LÍMITES Y POSIBILIDADES RESTORATIVE JUSTICE AND CRIMINAL JUSTICE PROCEDURAL SAFEGUARDS: LIMITS AND POSSIBILITIES

    Directory of Open Access Journals (Sweden)

    Alejandra Mera González-Ballesteros

    2009-01-01

    procedural safeguards for restorative justice programmes are needed. But also proposes that these standards should respect restorative justice principles and aims.

  18. Restorative justice as social justice for victims of gendered violence: a standpoint feminist perspective.

    Science.gov (United States)

    van Wormer, Katherine

    2009-04-01

    This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims and their advocates with the current system of mandatory law enforcement opens the door for consideration of alternative forms of dealing with domestic violence. Restorative justice strategies, as argued here, have several major advantages. Like social work, these strategies are solution-based rather than problem-based processes, give voice to marginalized people, and focus on healing and reconciliation. Moreover, restorative justice offers an avenue through which the profession of social work can re-establish its historic role in criminal justice. The four models most relevant to women's victimization are victim-offender conferencing, family group conferencing, healing circles, and community reparations. Each model is examined separately from a feminist standpoint. The discussion is informed by insights from the teachings of standpoint feminist theory and social work values, especially social justice.

  19. „FRAMES OF TRANSITIONAL JUSTICE: SOME APPLICATION IN INTERGENERATIONAL JUSTICE AND RETROACTIVITY”

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    GABRIEL RADU

    2011-04-01

    Full Text Available The article attempts to evaluate the concept of transitional justice in the sphere of public and academical debates, in different social environments during the transition period in the recent history. The approach will include an overflight over some definitions and interpretation of that concept and an assessment of possible applications of this concept in the reparative (corrective theories during the political transition. The evaluation of operational dimension of transitional justice will focus primarily the moral grounds invoked in political and juridical debates, and will pursue some applications of the transitional justice in intergenerational justice realm and at the level of the institution of retroactivity. Also, the assessment will focus the moral core of the motivation of judicial decisions in the space of positive law debates, concerning the constitutional and normative dimension.Examination of particular aspects of the transition has raised particular interest in the public agenda of romanian political change. Reparation issues in dealing with the past had always occupied a privileged role in public debate, in social and political problems. Justification for corrective measures during transition period were presented on various occasions in different points of view, but tools and proper institutions in generating legitimate formal-political obligations were absent, threatening the strength of the the political stability. Requirements for application of a corrective, reparative justice, appeared as a consequence of subjective awareness of rights and liberties that positive law of the communist system ignored or assign them like law infrigement. An approach of such rights, with their features should be evaluated in the context of both totalitarian and democratic state. A dialogue with the past becomes more necesary and will contribute to the success of any public policy designed for any possible reparation in the future

  20. Justice and Feelings: Toward a New Era in Justice Research

    NARCIS (Netherlands)

    Cremer, D. de; Bos, K. van den

    2007-01-01

    In this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position of past

  1. Justice Of The Peace Foreign Experience Of Organization Comparative Legal Analysis

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    Aishat R. Kaitova

    2014-09-01

    Full Text Available In the present article a short comparative analysis of the modern advanced states of the judicial systems is carried out. With considered judicial system's specifics existence it is possible to reveal their common features and tendencies of development. Today, for all states of the world community the process of globalization and universalism is characteristic. Practically all modern Constitutions and laws of states reproduce general approaches to the organization of the judicial systems and trial procedures, which are basis on the principles of the norms of international law, such as the right for fair and public trial in the reasonable time by the independent and impartial court, created on the basis of law. Moreover, today it is already possible to speak not only about declarative fixing of these general approaches, but also about their practical expression in the form of the number of judicial reforms implementation among which the important role is played by the problem of the institute of the justice of the peace formation and development. In this context foreign experience of the institute of the justice of the peace formation and functioning study will allow to reveal the general tendencies and ways of this legal institute improvement in our country. In the conclusion author notes that in the Romano-German family of the legal systems (France, Spain, Anglo-American (USA, Great Britain and mixed (Canada, Australia - justice of the peace carried out justice earlier and still continue to function successfully, at the same time this legal institute not usual for the socialist law. So there were no justices of the peace in the USSR, China, Democratic People's Republic of Korea, Cuba, etc.

  2. Farm labor, reproductive justice: Migrant women farmworkers in the US.

    Science.gov (United States)

    Galarneau, Charlene

    2013-06-12

    Little is known about the reproductive health of women migrant farmworkers in the US. The health and rights of these workers are advanced by fundamental human rights principles that are sometimes conceptually and operationally siloed into three approaches: reproductive health, reproductive rights, and reproductive justice. I focus on the latter framework, as it lends critical attention to the structural oppression central to poor reproductive health, as well as to the agency of communities organizing and leading efforts to improve their health. I review what is known about these women's reproductive health; identify three realms of reproduction oppression affecting their reproductive health: labor/occupational conditions, health care, and social relations involving race, immigration and fertility; and then highlight some current efforts at women farmworker-directed change. Finally, I make several analytical observations that suggest the importance of the reproductive justice framework to broader discussions of migrant worker justice and its role in realizing their right to health. Copyright © 2013 Galarneau. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  3. Social justice in education: how the function of selection in educational institutions predicts support for (non)egalitarian assessment practices

    Science.gov (United States)

    Autin, Frédérique; Batruch, Anatolia; Butera, Fabrizio

    2015-01-01

    Educational institutions are considered a keystone for the establishment of a meritocratic society. They supposedly serve two functions: an educational function that promotes learning for all, and a selection function that sorts individuals into different programs, and ultimately social positions, based on individual merit. We study how the function of selection relates to support for assessment practices known to harm vs. benefit lower status students, through the perceived justice principles underlying these practices. We study two assessment practices: normative assessment—focused on ranking and social comparison, known to hinder the success of lower status students—and formative assessment—focused on learning and improvement, known to benefit lower status students. Normative assessment is usually perceived as relying on an equity principle, with rewards being allocated based on merit and should thus appear as positively associated with the function of selection. Formative assessment is usually perceived as relying on corrective justice that aims to ensure equality of outcomes by considering students’ needs, which makes it less suitable for the function of selection. A questionnaire measuring these constructs was administered to university students. Results showed that believing that education is intended to select the best students positively predicts support for normative assessment, through increased perception of its reliance on equity, and negatively predicts support for formative assessment, through reduced perception of its ability to establish corrective justice. This study suggests that the belief in the function of selection as inherent to educational institutions can contribute to the reproduction of social inequalities by preventing change from assessment practices known to disadvantage lower-status student, namely normative assessment, to more favorable practices, namely formative assessment, and by promoting matching beliefs in justice

  4. Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice

    Directory of Open Access Journals (Sweden)

    Intan Karangan

    2016-09-01

    Full Text Available This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution

  5. There's More to Ethics than Justice and Harm: Teaching a Broader Understanding of Journalism Ethics

    Science.gov (United States)

    Knowlton, Steven; McKinley, J. Christopher

    2016-01-01

    Most applied ethics training in journalism in the West follows Enlightenment-era, reason-based ethical principles: Justice is intrinsically better than injustice (Kant), and the best choice is achieving the best outcome for all concerned (Mill). Recent scholarship in ethics suggests that ethics is much broader than this. This article examines a…

  6. THE PRINCIPLES OF LAW. PHILOSOPHICAL APPROACH

    Directory of Open Access Journals (Sweden)

    MARIUS ANDREESCU

    2013-05-01

    Full Text Available Any scientific intercession that has as objective, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and applying. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.

  7. Corrective justice and contract law

    OpenAIRE

    Martín Hevia

    2010-01-01

    This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

  8. Crippling Sexual Justice

    DEFF Research Database (Denmark)

    Stormhøj, Christel

    2015-01-01

    Exploring homosexuals' citizenship in Denmark from a justice perspective, this article critically interrogates society's supposed gay-friendliness by asking how far it has moved in achieving sexual justice, and inquiring into the gains and pains of the existing modes of achieving this end...... and representation within family law, civil society, and in the labour market. In conclusion, I suggest the possibility of different evaluations of the level of sexual justice reached, a mainly positive, partially negative one. Additionally, I discuss the gains and pains of the existing normalizing politics....

  9. Gendered Justice Gaps in Bosnia-Herzegovina

    DEFF Research Database (Denmark)

    Björkdahl, Annika; Mannergren Selimovic, Johanna

    2014-01-01

    , and reparations gaps-this article examines structural constraints for women to engage in shaping and implementing transitional justice, and unmasks transitional justice as a site for the long-term construction of the gendered post-conflict order. Thus, the gendered dynamics of peacebuilding and transitional...... justice have produced a post-conflict order characterized by gendered peace and justice gaps. Yet, we conclude that women are doing justice within the Bosnian-Herzegovina transitional justice project, and that their presence and participation is complex, multilayered, and constrained yet critical....

  10. THE CONSTITUTIONAL PRINCIPLE OF EQUALITY - LEGAL SIGNIFICANCE AND SOCIAL IMPLICATIONS -

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2017-12-01

    Full Text Available The equality in human rights and obligations, the equality of citizens before the law are fundamental categories of the theories on social democracy but also conditions of the lawful state, without which constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in the form of equality of the citizens before the law and public authorities. There are also particular aspects of this principle consecrated in the Constitution. The constitutional principle of equality requires that equal treatment be applied to equal situations. This social and legal reality implies numerous interferences between the principle of equality and other constitutional principles. In this study, by using theoretical and jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality, equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state decisions to the facts and legitimate aims proposed.

  11. [AN EVALUATION OF JUSTICE AND RIGHT TO HEALTH CONCEPTS IN THE PERSPECTIVES OF ETHICAL THEORIES].

    Science.gov (United States)

    Ekmekçi, Perihan Elif; Arda, Berna

    Right to health is considered as a fundamental human right. However the realization of right to health is facing obstacles due to the scarce resources which are needed for the provision of health services. Besides the vast technological improvements in medical area leads to the development of diagnosis and treatment possibilities each and every day. Thus, the provision of health services becomes a subject of distributive justice. To define the concept of justice, first one should identify the conditions of demanding right to have something and then determine how and who is obliged to give the deserved. Ethical theories form their own paradigms of acting right regarding their anchor points and priority values. The basic concepts such as justice or right to health are considered and conceptualized within the paradigms of the ethical theories. Thus some ethical theories consider right to health as a natural constituent of human being, while some may consider it contextual and others may reject it completely. In a similar vein, justice and related concepts of justice such as formal and material principles of justice differ regarding the paradigm of the ethical theory in which we position ourselves. The paradigms of ethical theories demand different approaches from each other both in defining the concepts and implementations in practical life. This paper sets forth how justice and right to health is conceptualized in the virtue ethics, deontological ethics, liberal ethical theory and communitarian ethical theories. To this end first the general frame of each ethical theory and how justice is conceptualized within this frame is defined. Following that a discussion of the possibility of justification of the right to health within the context of ethical theory is perused.

  12. Islam and the four principles of medical ethics.

    Science.gov (United States)

    Mustafa, Yassar

    2014-07-01

    The principles underpinning Islam's ethical framework applied to routine clinical scenarios remain insufficiently understood by many clinicians, thereby unfortunately permitting the delivery of culturally insensitive healthcare.This paper summarises the foundations of the Islamic ethical theory, elucidating the principles and methodology employed by the Muslim jurist in deriving rulings in the field of medical ethics. The four-principles approach, as espoused by Beauchamp and Childress, is also interpreted through the prism of Islamic ethical theory. Each of the four principles (beneficence, nonmaleficence,justice and autonomy) is investigated in turn, looking in particular at the extent to which each is rooted in the Islamic paradigm. This will provide an important insight into Islamic medical ethics, enabling the clinician to have a better informed discussion with the Muslim patient. It will also allow for a higher degree of concordance in consultations and consequently optimise culturally sensitive healthcare delivery.

  13. Spirit of Liberation and Justice in Farid Esack’s Hermeneutics of Qur’an

    Directory of Open Access Journals (Sweden)

    Erik Sabti Rahmawati

    2016-06-01

    Full Text Available Farid Esack is an Islamic thinker from South Africa who proposes Liberation hermeneutics in comprehending the Qur’an from the perspective of Liberation Theology to realize justice. This article examines Esack’s hermeneutical method in interpreting Qur’an and analyses how he applies the spirit of liberation and justice as principles of Liberation Theology in his interpretation. This study shows that Esack’s hermeneutics differs from others because, as a liberation theologian, he puts liberative-praxis as the main objective of his liberation theology. His method does not only revolve around textual understanding but also push practical implication. He moves forward from praxis (experience to texts and then goes back to experience. To him, interpretation must be able to encourage changes within society. Therefore, as the second feature of this method, in Esack’s hermeneutics, interpretation is not just scholarly speculative exercise which has no implication. It has a specific aim, namely is to establish a better life for society in which justice is a fundamental prerequisite. DOI: http://dx.doi.org/10.20414/ujis.v20i1.822

  14. Corrective justice and contract law

    Directory of Open Access Journals (Sweden)

    Martín Hevia

    2010-06-01

    Full Text Available This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

  15. The Value Of Justice In Child Criminal Justice System A Review Of Indonesian Criminal Law

    Directory of Open Access Journals (Sweden)

    Andi Sofyan

    2015-08-01

    Full Text Available The value of justice in Act No. 11 of 2012 concerns the Child Criminal Justice System Act No. SPPA confirms the Restorative Justice Approach as a method of disputes resolution. The method of research used was normative-legal research with philosophical approach. The results showed that the value of restorative justice through diversion contained in Act SPPA but the diversion limit for certain types of criminal acts and threats of punishment under seven 7 years and not a repetition criminal recidivists. This indicates that Act SPPA still contained a retributive justice not promote the interests of protection for child.

  16. Corporate accountability and transitional justice

    Directory of Open Access Journals (Sweden)

    Sabine Michalowski

    2015-10-01

    Full Text Available Traditionally, transitional justice processes do not address the role of corporations in dictatorships or in armed conflicts that give rise to the need for dealing with grave and systematic human rights violations. However, there is a growing awareness that in many contexts corporations contribute to these violations, often in the form of corporate complicity with the principal violators. An argument can therefore be made that to achieve the aims of transitional justice and establish a holistic narrative of the past as well as obtain justice and reparations for victims requires investigating and addressing the role of corporate actors. This article uses the example of Colombia’s Justice and Peace process to show some of the complexities, opportunities and challenges that arise if transitional justice measures focus primarily on criminal law and create a specific legal framework, outside of the ordinary justice systems, only for a limited group of primary perpetrators, in the Colombian case for members of the armed groups who demobilised. It is argued that the exclusion of corporate actors in contexts where their role is regarded as significant leads to victims seeking alternatives ways to obtain justice and that both victims and corporations would benefit if transitional justice mechanisms addressed the role of corporations.

  17. Principle-Based Ethics and the Clean Development Mechanism

    International Nuclear Information System (INIS)

    Bay, Ingrid; Oughton, Deborah

    2003-01-01

    Search for common values can go a long way resolving international political and social differences, and represents an area where ethical evaluation can offer an input to international legislation. This paper argues that a principle-based, normative approach should be applied to evaluation of Clean Development Mechanism (CDM) projects and the goal of sustainable development (SD). Primafacie ethical principles to promote weil-being, dignity and justice can be defined and supported from international agreements on sustainable developments. To promote coherency, these principles should then be specifled according to particular CDM-projects, to produce a set of norms that covers: 1) the different dimension to sustainable development, 2) the distribution of costs and benefits across time and place, and 3) consequences for different affected parties, including future generations and the environment

  18. Social Justice, Learning Centredness and a First Year Experience Peer Mentoring Program: How Might They Connect?

    Science.gov (United States)

    Rawlinson, Catherine; Willimot, Michael

    2016-01-01

    Peer mentoring is a powerful strategy to support students in their first year of tertiary education utilised by a large number of tertiary institutions. While social justice principles such as rights, access, and equity as outlined by Creagh, Nelson, & Clarke (2013) highlight the importance of "student centredness," Taylor (2013)…

  19. Urban Advocates for Young Children with Special Needs: First-Year Early Childhood Teachers Enacting Social Justice

    Science.gov (United States)

    Puig, Victoria I.; Recchia, Susan L.

    2012-01-01

    This article shares the ways new early childhood teachers carry forward the social justice principles emphasized in their teacher education program into their actual practice. Their participation in a university-sponsored mentoring group served as the context for this study. Through an emergent themes analysis, we explored how they prioritized…

  20. Adherence to Principles of Medical Ethics Among Physicians in Mazandaran Province, Iran.

    Science.gov (United States)

    Ghaderi, Ahmad; Malek, Farhad; Mohammadi, Mohammad; Rostami Maskopaii, Somayeh; Hamta, Amir; Madani, Seyyed Abdollah

    2018-01-01

    Considering that medical ethics is an applied subject providing systematic solutions to help physicians with moral issues, this research aimed to evaluate adherence to the principles of medical ethics among physicians on the basis of attitude of physicians of Mazandaran province. This cross-sectional study was conducted in Mazandaran province, Iran during 2015. A researcher-made questionnaire was used for data collection. The questionnaire was first completed by 40 physicians and its reliability was confirmed by obtaining a Cronbach's alpha coefficient equal to 0.818. Its validity was confirmed by medical ethics experts. Therefore, the questionnaire was reliable and valid. Analytical and descriptive analysis were performed. According to our findings, there is a significant correlation between some of variables of medical ethics principles. The results show that adherence to indicators of beneficence, non-maleficence and justice has been almost good; however, physicians' ethical behaviors which pertain towards the principle of autonomy have not been acceptable. There was not any significant difference in adherence to the principles of autonomy, beneficence and non-maleficence, and justice on the basis of sex, residency, education and occupation. According to the present study, more training is required to improve physicians' adherence to the principles of medical ethics . 2018 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  1. A hermeneutic of justice. Justice as discernment in Matthew ...

    African Journals Online (AJOL)

    In some important dictionaries for the study of the New Testament, δικαιοσύνη has two meanings: justice in the sense of distributive justice and righteousness as a relational notion. In Matthew, we discover that the word concerns a threefold loyalty: loyalty to the law, loyalty to fellow people, and loyalty to the will of God. In the ...

  2. Doing justice to social justice in South African higher education ...

    African Journals Online (AJOL)

    This paper attempts to develop a conceptualisation of social justice in higher education based on a close reading of the current literature in the field. An important assumption we make is that higher education is a valuable mechanism for social justice. We set the literature against policy documents that detail South African ...

  3. Polluter-Pays-Principle: The Cardinal Instrument for Addressing Climate Change

    Directory of Open Access Journals (Sweden)

    Mizan R. Khan

    2015-09-01

    Full Text Available This article traces the evolution of polluter-pays-principle (PPP as an economic, ethical and legal instrument and argues that it has the potential of effecting global responsibility for adaptation and mitigation and for generating reliable funding for the purpose. However, the contradiction is that while it rests on neoliberal market principles, the UN Framework Convention on Climate Change did not include the PPP as its provision though the principle of “common but differentiated responsibility based on respective capabilities” (Article 3.1 implicitly recognizes this. The article raises the basic question that under a free-market global system: why should the polluters not take responsibility of their actions so that the global society does not suffer? The Organization of Economic Cooperation and Development (OECD countries apply this PPP in many of its forms. Some developing countries are also applying it albeit still more as a governmental rather than polluter responsibility. Currently there is an emerging consensus that a carbon tax should be applied globally to address the intractable problem of climate change. Since the problem relates to a global commons, the issue is how to apply the PPP globally yet equitably. This article brings in Caney’s proposal that as complementary to the PPP. The “ability to pay principle” (APP can take care of emissions of the past agreed by the Parties and current and future legitimate emissions of the disadvantaged countries and groups of people. He calls the latter poverty-sensitive PPP. While PPP is primarily a market principle, APP is a principle of justice and equity. That polluters should pay the social and environmental costs of their pollution reflects the most fundamental principles of justice and responsibility.

  4. Restorative Justice as Social Justice for Victims of Gendered Violence: A Standpoint Feminist Perspective

    Science.gov (United States)

    van Wormer, Katherine

    2009-01-01

    This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims…

  5. Young People, Trouble, and Crime: Restorative Justice as a Normative Theory of Informal Social Control and Social Support.

    Science.gov (United States)

    Bazemore, Gordon

    2001-01-01

    Reviews the normative theory of restorative justice in youth crime, highlighting three core principles: repairing the harm of crime; involving stakeholders; and transforming community and government roles in response to crime. Considers connections between restorative intervention theories and informal social control and social support mechanisms…

  6. Medical students' recognition and application of geriatrics principles in a new curriculum.

    Science.gov (United States)

    Nanda, Aman; Farrell, Timothy W; Shield, Renée R; Tomas, Maria; Campbell, Susan E; Wetle, Terrie

    2013-03-01

    Given the aging U.S. population, it is imperative that medical students recognize and apply geriatrics principles. To address this need, in 2006, the Warren Alpert Medical School of Brown University integrated geriatrics content into a new medical school curriculum. Preclinical and clinical medical students submitted written reflective journals in response to prompts regarding the geriatrics content of the new medical school curriculum, including their didactic and clinical experiences. An interdisciplinary team used a structured qualitative approach to identify themes, including the recognition and application of geriatrics principles. Thirty medical student journalers submitted 405 journal entries. Themes regarding students' emerging understanding of geriatrics principles included a growing understanding of geriatrics principles, recognition of the importance of psychosocial factors and patient preferences in caring for older adults, recognition of the complexities of treating older adults and application of geriatric principles to clinical situations, and understanding of physicians' roles in managing the care of older adults. Medical student reflective journaling allows medical educators to obtain timely feedback on curricular innovations and helps illuminate the process by which medical students learn to recognize and apply core geriatrics principles. © 2013, Copyright the Authors Journal compilation © 2013, The American Geriatrics Society.

  7. Empowering Energy Justice

    Science.gov (United States)

    Finley-Brook, Mary; Holloman, Erica L.

    2016-01-01

    The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1) fossil fuel divestment; (2) carbon taxes and social cost of carbon measurements; (3) cap-and-trade; (4) renewable energy; and (5) energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics. PMID:27657101

  8. Empowering Energy Justice

    Directory of Open Access Journals (Sweden)

    Mary Finley-Brook

    2016-09-01

    Full Text Available The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1 fossil fuel divestment; (2 carbon taxes and social cost of carbon measurements; (3 cap-and-trade; (4 renewable energy; and (5 energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics.

  9. Libery, Order and Justice: An Introduction to the Constitutional Principles of American Government.

    Science.gov (United States)

    McClellan, James

    This publication on the constitutional principles of the U.S. Government consists of the textbook and teacher's guide. The textbook begins with a review of constitutionalism in antiquity, in early modern England, and in colonial America. Following sections outline the constitutional convention in Philadelphia, the principles of the constitution,…

  10. Organizational Justice Perception According to Generations

    Directory of Open Access Journals (Sweden)

    Zeki YÜKSEKBİLGİLİ

    2015-12-01

    Full Text Available Although there are many different researches on the subject of organizational justice, there is no research on organizational justice perception according to generations. In this study, the research subject is defined if there is a difference on the perception of organizational justice between x and y generations. After a conduct of 430 surveys the Organizational Justice Scale is used. As a result, it is proved that there is no significant difference between the organizational justice perceptions according to generations

  11. The general principles of civil law: their nature, roles and legitimacy

    NARCIS (Netherlands)

    Hesselink, M.W.; Leczykiewicz, D.; Weatherill, S.

    2013-01-01

    The references made by the Court of Justice in a number of recent cases to ‘the general principles of civil law’ may have been accidental, but they may also represent a deliberate first step towards a new European legal category and a new approach towards European private law. Because of their

  12. Aging, Economic Insecurity, and Employment: Which Measures Would Encourage Older Workers to Stay Longer in the Labour Market?

    Directory of Open Access Journals (Sweden)

    Diane-Gabrielle Tremblay

    2010-01-01

    Full Text Available In the present context of aging populations, the question of how to support older workers who want to stay in employment longer is of particular importance, especially from a social justice perspective with regards to income. The challenges faced by organizations and governments are unprecedented. Interesting conclusions can be drawn from our research with regard to these challenges. First of all, the perception of retirement appears more or less unchanged over the years and remains very positive. Consequently, one of the barriers to the employment of older workers may be the image of retirement itself, since it is still perceived as a gift or a right. Secondly, our results confirm that forcing people to stay longer in the labour market is a largely unpopular measure. Consequently, if public retirement plans offer limited income, governments and organizations should adopt a more voluntary approach to encourage older workers to stay in employment longer for a better income. Our results highlight the importance of the sector and type of job in the measures or incentives that could encourage older workers to stay in employment longer. Consequently, governments and organizations will probably have to adopt a contingent approach; i.e., all incentives do not necessarily fit all jobs or all sectors and social justice would require this be taken into account. We identified three sets of measures that could encourage older workers to stay in employment longer, and thus have access to better economic security: the reduction of working time, the flexibility of working time, and the individualization of retirement options and working time. The progressive reduction of their working time appears most interesting to our respondents. These measures appear to favour social justice in terms of income and right to employment at the end of active careers.  

  13. Aging, Economic Insecurity, and Employment: Which Measures Would Encourage Older Workers to Stay Longer in the Labour Market?

    Directory of Open Access Journals (Sweden)

    Émilie Genin

    2009-12-01

    Full Text Available In the present context of aging populations, the question of how to support older workers who want to stay in employment longer is of particular importance, especially from a social justice perspective with regards to income. The challenges faced by organizations and governments are unprecedented. Interesting conclusions can be drawn from our research with regard to these challenges. First of all, the perception of retirement appears more or less unchanged over the years and remains very positive. Consequently, one of the barriers to the employment of older workers may be the image of retirement itself, since it is still perceived as a gift or a right. Secondly, our results confirm that forcing people to stay longer in the labour market is a largely unpopular measure. Consequently, if public retirement plans offer limited income, governments and organizations should adopt a more voluntary approach to encourage older workers to stay in employment longer for a better income. Our results highlight the importance of the sector and type of job in the measures or incentives that could encourage older workers to stay in employment longer. Consequently, governments and organizations will probably have to adopt a contingent approach; i.e., all incentives do not necessarily fit all jobs or all sectors and social justice would require this be taken into account. We identified three sets of measures that could encourage older workers to stay in employment longer, and thus have access to better economic security: the reduction of working time, the flexibility of working time, and the individualization of retirement options and working time. The progressive reduction of their working time appears most interesting to our respondents. These measures appear to favour social justice in terms of income and right to employment at the end of active careers.  

  14. Trying to restore justice: bureaucracies, risk management, and disciplinary boundaries in New Zealand criminal justice.

    Science.gov (United States)

    Fox, Kathryn J

    2015-05-01

    New Zealand is well known for its restorative justice conferences in the youth justice system. However, restorative justice has yet to overwhelm the adult criminal justice system. Based on interviews in New Zealand with correctional staff, restorative justice providers, and others, this article explores the reason for the modest inroads that restorative practice has made, and suggests that the general context may explain the limits of restorative justice in other places. The article argues that bureaucratic silos make it challenging to determine if restorative practice might fit within a rehabilitation or reintegration framework. In addition, because of the dominance of psychological modes for assessing and treating criminal behavior, an overarching preoccupation with risk management orients correctional practice toward treatment. Moreover, restorative justice's affiliation with victims' perspectives has made its placement within offender reintegration difficult to imagine. Finally, the penal populism that frames correctional practice in New Zealand, and other Anglophone countries, makes alternative to punishment harder to sell. However, the current liminal state of correctional practice creates an opportunity to conceive of more humanistic ways of repairing the harm caused by crime. © The Author(s) 2013.

  15. Questioning fairness: the relationship of mental health and psychopathic characteristics with young offenders' perceptions of procedural justice and legitimacy.

    Science.gov (United States)

    Penner, Erika K; Shaffer, Catherine S; Viljoen, Jodi L

    2017-10-01

    Theories of procedural justice suggest that individuals who experience the criminal justice system as fair are more likely to perceive it as legitimate and, in turn, are less likely to reoffend. However, when individuals come into contact with the legal system, they are not blank slates - they have beliefs and personality characteristics that may systematically influence such perceptions. Our aim was to establish the extent to which demographic characteristics, legal history and clinical features, including personality characteristics, systematically influenced the degree to which young people experience the justice system as fair and legitimate. Self-report, file and interview data were collected from ninety-two 12 to 17-year-olds on probation in Western Canada. Substance use and traumatic experiences were inversely correlated with perceptions of procedural justice and legal legitimacy. Young people with higher scores on interpersonal, lifestyle and antisocial facets of the psychopathy checklist: youth version believed less strongly in the legitimacy of the law, but regression analyses confirmed that only history of trauma was independently associated with perceived procedural justice and legitimacy. Those in the youngest age group were more likely to have positive perceptions of justice than older youths, but demographics and legal history otherwise did not relate to outcomes. Our findings suggest that examining the relationship between procedural justice, legitimacy and offending without taking intra-individual variables into account may neglect important influences on those relationships. Other research has begun to show that young people who do not accept the law as legitimate or the criminal justice system as fair are more likely to offend. Copyright © 2016 John Wiley & Sons, Ltd. Copyright © 2016 John Wiley & Sons, Ltd.

  16. Effective communication and counseling with older adults.

    Science.gov (United States)

    Giordano, J A

    2000-01-01

    Age-sensitive communication skills must be developed to achieve greater effectiveness in assisting older adults. These skills should be guided by research findings on the development changes related to normal aging. A listening-responding technique is presented outlining six principles that can be applied in a wide variety of situations. These principles are governed by the intention to preserve self-esteem and to clarify the needs of elderly clients. By using this approach with the older adult, the practitioner will achieve an effective communication process that generates accurate information, supports self-determination, and achieves a therapeutic process.

  17. When a Fence Becomes a Cage: The Principle of Autonomy in EU External Relations Law

    DEFF Research Database (Denmark)

    Odermatt, Jed

    and unity of EU law and the EU legal order. What exactly does the principle of autonomy entail in EU external relations law? This Working Paper examines the case-law in which the Court has applied the principle of autonomy and argues that the principle is a more broad and all-compassing structural principle......In Opinion 2/13 the Court of Justice of the European Union found that the draft agreement on the EU’s accession to the European Convention on Human Rights was “liable adversely to affect the specific characteristics of EU law and its autonomy.” The Court in recent years has applied the principle...

  18. Juvenile Justice

    OpenAIRE

    International Child Development Centre

    1998-01-01

    The third Innocenti Digest deals with the main issues connected with children and young people coming into conflict with the law and contact with the justice system. It looks at standards and problems from arrest through to the court hearing and sentencing, use of custodial measures and ways of avoiding the child’s unnecessary and counter-productive involvement with the formal justice system. It also covers prevention questions. Like previous publications in the series, it contains practical ...

  19. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice

    Directory of Open Access Journals (Sweden)

    Ansori Ansori

    2014-01-01

    Full Text Available The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice. Rechtsidee, 1(1, 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95

  20. Psychology and criminal justice

    OpenAIRE

    Adler, Joanna R.

    2013-01-01

    This chapter is designed to give the reader a flavour of a few areas in which psychology has been applied to criminal justice. It begins by providing some historical context and showing the development of some applications of psychology to criminal justice. The chapter is broadly split into 3 sections: Pre Trial; Trial; and Post Trial. In most of this chapter, the areas considered assess how psychology has had an influence on the law and how psychologists work within criminal justice settings...

  1. Relationships are building blocks to social justice: Cases of biblical justice and African Ubuntu

    Directory of Open Access Journals (Sweden)

    Selaelo T. Kgatla

    2016-10-01

    Full Text Available The entire Bible is full of themes calling humans to live justly with one another and fear God who is the author of justice. The first book of the Bible, Genesis, carries the story of God’s relationship with his people. Their relationship is bound by social justice and mutual love in reciprocity. This article argues that African Ubuntu has an affinity with the Bible’s message of justice and mutual caring for one another. Ubuntu presupposes that humans were created in God’s image and indicates that characteristics such as kindness, charity, equality, love of one’s neighbours and voluntarily dispensing justice to others are present in human life. God created humans to be bound to one another in caring love, coexistence and total dependence. In today’s world, social justice requires good judgement from those who are in privileged positions to implement it.

  2. Understanding Education for Social Justice

    Science.gov (United States)

    Hytten, Kathy; Bettez, Silvia C.

    2011-01-01

    It has become increasingly common for education scholars to claim a social justice orientation in their work. At the same time, education programs seem to be adding statements about the importance of social justice to their mission, and a growing number of teacher education programs are fundamentally oriented around a vision of social justice.…

  3. Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

    NARCIS (Netherlands)

    Thorp, Teresa

    2012-01-01

    Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a

  4. International adoption among families in the United States: considerations of social justice.

    Science.gov (United States)

    Hollingsworth, Leslie Doty

    2003-04-01

    The practice of international adoption of children is critiqued, using Rawls' egalitarian concept of a distributive method of social justice. From this perspective, international adoption may be perceived as contradictory to principles of social justice by ignoring the social context within which it occurs. Social contexts that frequently surround international adoption are severe poverty and the disenfranchisement of the adopted child's biological family; the disenfranchisement of certain children because of their lower social status; gender oppression and discrimination against female children; risk to children's rights to the knowledge of their birth history and parentage; risk to children's rights to identification with their ethnic, cultural, and national group; and practices that may involve abduction, deceit, and trafficking in children. The article presents alternate views, including libertarian and utilitarian perspectives. Solutions from two international conventions are critiqued and implications are discussed for social work policy advocacy, practice, and research.

  5. Engineering justice transforming engineering education and practice

    CERN Document Server

    Leydens, Jon A

    2018-01-01

    Using social justice as a catalyst for curricular transformation, Engineering Justice presents an examination of how politics, culture, and other social issues are inherent in the practice of engineering. It aims to align engineering curricula with socially just outcomes, increase enrollment among underrepresented groups, and lessen lingering gender, class, and ethnicity gaps by showing how the power of engineering knowledge can be explicitly harnessed to serve the underserved and address social inequalities. This book is meant to transform the way educators think about engineering curricula through creating or transforming existing courses to attract, retain, and motivate engineering students to become professionals who enact engineering for social justice. Engineering Justice offers thought-provoking chapters on: why social justice is inherent yet often invisible in engineering education and practice; engineering design for social justice; social justice in the engineering sciences; social justice in human...

  6. When not every response to climate change is a good one: identifying principles for sustainable adaptation

    CSIR Research Space (South Africa)

    Eriksen, S

    2011-01-01

    Full Text Available to the need for sustainable adaptation strategies and measures that contribute to social justice and environmental integrity. This paper presents four normative principles to guide responses to climate change and illustrates the significance...

  7. The Principle of the Presumption of Innocence and its Challenges in ...

    African Journals Online (AJOL)

    The administration of the criminal justice system tries to strike a balance between the search for truth and the fairness of the process. To this end, the law should protect individual rights and impose various legal burdens on the state. One such tool is the principle of the presumption of innocence until proven guilty. This is a ...

  8. Monitoring and evaluation of the rule of law and justice in the EU: status quo and the way ahead?

    NARCIS (Netherlands)

    Gramatikov, M.; Janse, R.

    2012-01-01

    This Concept Paper presents a framework for monitoring and evaluation of the rule of law and justice in the European Union. The development of the framework has been based on a number of principles - objectivity and neutrality, validity and reliability, actionability. It also firmly follows the

  9. Principles of subsidiarity and proporcionality in tax law enforcement

    Directory of Open Access Journals (Sweden)

    Karina Ponomareva

    2017-01-01

    Full Text Available Subject. The principles of subsidiarity proportionality, which serve as the basic principles fordetermining the competence of integration associations, are considered in the article.Aim. The aim of this paper is to analyse the place and the importance of Member States’ obligationsderiving from the EU legal order in order to address the relationships between EU lawand national tax law, as well as to analyse the practice of using of principles of subsidiarity andproportionality by the highest courts of the Russian Federation as a federal state.Methodology. The author uses methods of theoretical analysis, particularly the theory ofintegrative legal consciousness, as well as legal methods, including formal legal method andcomparative law.Results, scope. The exercise of power by the European Union in the areas of shared competencemust respect the principle of subsidiarity. The founding Treaties make clear thatsubsidiarity is a legal enforceable legal principle. However. the case law of the EuropeanCourt of Justice reveals that the enforcement of subsidiarity as a judicial principle has beenineffective.The article examines cross-border loss relief for group companies in the context of EuropeanUnion law and considers how this has affected Member States such as the UK. Thecase law of the Court of Justice is then analysed in an attempt to assess whether some ofthe principles set out in these legislative initiatives found their way to Member State lawsthrough the Court's jurisprudence. Following this, the judicial and legislative response tothe Marks & Spencer judgment in the UK are critically assessed.The practical suggestions are looking at developing EU compatible tax principles to be appliedto cross-border taxation within the EU.Having considered the principles of subsidiarity and proportionality in the context of interactionbetween integration and national tax law, the author suggests directions for improvingthe practice of integration tax law. The

  10. Social justice in pandemic preparedness.

    Science.gov (United States)

    DeBruin, Debra; Liaschenko, Joan; Marshall, Mary Faith

    2012-04-01

    Pandemic influenza planning in the United States violates the demands of social justice in 2 fundamental respects: it embraces the neutrality of procedural justice at the expense of more substantive concern with health disparities, thus perpetuating a predictable and preventable social injustice, and it fails to move beyond lament to practical planning for alleviating barriers to accessing care. A pragmatic social justice approach, addressing both health disparities and access barriers, should inform pandemic preparedness. Achieving social justice goals in pandemic response is challenging, but strategies are available to overcome the obstacles. The public engagement process of one state's pandemic ethics project influenced the development of these strategies.

  11. Health Justice: A Framework (and Call to Action) for the Elimination of Health Inequity and Social Injustice.

    Science.gov (United States)

    Benfer, Emily A

    Every aspect of society is dependent upon the health of its members. Health is essential to an individual’s well-being, quality of life, and ability to participate in society. Yet the healthcare industry, even at its optimal level of functioning, cannot improve the health of the population without addressing the root causes of poor health. The health of approximately 46.7 million individuals, most of whom are low-income and racial minorities, is threatened by economic, societal, cultural, environmental, and social conditions. Poor health in any population group affects everyone, leading to higher crime rates, negative economic impacts, decreased residential home values, increased healthcare costs, and other devastating consequences. Despite this fact, efforts to improve health among low-income and minority communities are impeded by inequitable social structures, stereotypes, legal systems, and regulatory schemes that are not designed to take into account the social determinants of health in decision making models and legal interpretation. As a result, a large segment of the population is continually denied the opportunity to live long, productive lives and to exercise their rights under democratic principles. Health, equity, and justice make up the keystone of a functional, thriving society. These principles are unsatisfied when they do not apply equally to all members of society. This Article describes the social and legal roots of poor health and how health inequity, social injustice, and poverty are inextricably linked. For example, it provides an in depth overview of the social determinants of health, including poverty, institutional discrimination and segregation, implicit bias, residential environmental hazards, adverse childhood experiences, and food insecurity. It then discusses how the law is a determinant of health due to court systems that do not evaluate individual circumstances, the enactment of laws that perpetuate poor health, and the lack of

  12. Critical reflections on the principle of beneficence in biomedicine.

    Science.gov (United States)

    Munyaradzi, Mawere

    2012-01-01

    Medical ethics as a scholarly discipline and a system of moral principles that apply values and judgments to the practice of medicine encompasses its practical application in clinical settings as well as work on its history, philosophy, theology, anthropology and sociology. As such there are a number of values in medical ethics such as autonomy, non-maleficence, confidentiality, dignity, honesty, justice and beneficence, among others. These values act as guidelines for professionals in the medical fraternity and are therefore used to judge different cases in the fraternity. For purposes of this work, this paper examines the principle of beneficence in biomedicine. Using both hypothetical cases and others in real life situations, the paper reflects on the implications of beneficence in biomedicine. It argues that the principle of beneficence is a prima facie obligation that should "always be acted upon unless it conflicts on a particular occasion with an equal or stronger principle".

  13. Spirituality and Older Adults: Ethical Guidelines to Enhance Service Provision

    Directory of Open Access Journals (Sweden)

    David R. Hodge

    2010-03-01

    Full Text Available Spirituality plays an important role in the lives of many older adults. Consequently, it is not surprising that gerontological social workers frequently engage spirituality in practice settings. The paucity of training gerontological workers have received on this topic, however, is a cause for concern. To help equip workers, three ethical principles are proposed to guide interactions in the area of spirituality. These principles can be summarized as: 1 client autonomy, 2 spiritual competence, and 3 professional competence. The application of these principles in practice settings will enhance the ability of gerontological social workers to interact with older adults’ spirituality in a professional and ethical manner.

  14. GENERAL PRINCIPLES OF EU (CRIMINAL LAW: LEGALITY, EQUALITY, NON-DISCRIMINATION, SPECIALTY AND NE BIS IN IDEM IN THE FIELD OF THE EUROPEAN ARREST WARRANT

    Directory of Open Access Journals (Sweden)

    NOREL NEAGU

    2012-05-01

    Full Text Available This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a ”journey to the unknown” for European citizens in respect to legislation of other member states of the EU.

  15. The concept of energy justice across the disciplines

    International Nuclear Information System (INIS)

    Heffron, Raphael J.; McCauley, Darren

    2017-01-01

    Over the last decade, ‘Energy Justice’ is a concept that has emerged in research across many disciplines. This research explores the role and value of the energy justice concept across the disciplines. It provides the first critical account of the emergence of the energy justice concept in both research and practice. A diagrammatical image for examining the energy justice concepts is presented and this is a tool for interdisciplinary engagement with the concept. In this context, restorative justice is introduced and how it results in energy justice applying in practice is detailed. Energy research scholarship at universities is assessed and it is clear that through universities there is a platform for energy justice scholarship to build on the interdisciplinary energy scholarship at universities. Further, the role of education is vital to policy-making, and the understanding and development of the energy justice concept. Finally, in analysing how the energy justice concept can impact on policy-making, there is a critical examination of the energy justice and its relationship with economics, and how it can transfer directly into practice by assisting in balancing the competing aims of the energy trilemma. - Highlights: • Presents the value of the energy justice concept itself. • Introduces restorative justice as having a key role across the energy justice concept. • Expresses the need to develop a ‘common approach’ for the energy justice concept Advances the conceptual framework for energy justice – from theory to practice.

  16. THE PRINCIPLE OF CONFIDENTIALITY IN ARBITRATION. APPLICATION AND LIMITATIONS OF THE PRINCIPLE

    Directory of Open Access Journals (Sweden)

    Bazil Oglindă

    2015-11-01

    Full Text Available Over the years, arbitration has grown to be the preferred means of dispute resolution by commercial entities. One of the benefits that build the attraction for this system of dispute resolution was the principle of confidentiality. One issue that needs to be analyzed is about the reasons why confidentiality is so important in business. Confidentiality is a principle largely embraced in arbitration, but, as we will see, the principle is not an absolute one. There are a set of questions that needs to be answer to, like: Who is bound by the duty of confidentiality? Does this refer only to the parties or does it expands to other actors involved in the arbitral proceedings? What happens with the obligation of confidentiality when issues are brought before a court, taking in account the principle of open justice? We will see that in some countries are procedural laws allowing the courts to order an arbitration claim to be heard in public or in private. Another important aspect that has arisen in the last period is regarding the public policy and the protection of public interest as a limitation to confidentiality of arbitration. This is a sensitive matter especially when one of the parties is a state or a state entity. This study aims to explore the principle of confidentiality in arbitration by focusing on its domain and on its limits, both from the comparative approach and from the Romanian approach. Knowing all this aspects, we will realize the importance of having professional counseling when drafting an arbitration clause and how this can be the missing puzzle piece of your business.

  17. What Form of Climate Justice? A Challenge to the Idea of Emissions Rights and Permits

    International Nuclear Information System (INIS)

    Piguet, Frederic-Paul

    2015-01-01

    With the next Conference of the Parties to the UN Framework Convention on Climate Change (COP) coming up in Paris in late 2015, it is probably a good time to examine the philosophical foundations underpinning discussions on the -largely economic- mechanisms likely to modify the behaviour of the main greenhouse-gas emitters. That is, at any rate, the aim of this article by Frederic-Paul Piguet on the notion of 'climate justice', which questions the pertinence of emissions rights and permits, and examines how the limits of the biosphere should be respected, on the basis of the principle of not doing harm to others. After reminding us of the principles of distributive justice as this applies in the environmental field, Piguet demonstrates the inability of that theory to confront the biosphere for what it is: namely, the fundamental precondition for humanity's common good, which must be respected in a way that transcends the generations, its equilibrium taking precedence over all other considerations, including the economic. Applying this conception, the limits of the biosphere must not be evaluated in terms of a 'sociologized' judgment, as is the case at the moment, but an 'ecologized' one, 'recognizing the part of the biosphere that isn't available for humanity's use and mustn't be touched.' Hence the impossibility of distributing emissions rights for the levels that infringe on this untouchable part, and the inadequacy of theories of distributive justice in this regard. Stressing the fact that the capacities of the biosphere cannot be treated as extendable 'spoils' to be shared out, he sees the prohibition on doing harm as the principle that can set the biosphere in its rightful place as the fundamental precondition for the common good. Consequently, high levels of emissions can only be granted a 'transitory tolerance' that underscores their lack of legitimacy. (author)

  18. 28 CFR 0.92 - National Institute of Justice.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false National Institute of Justice. 0.92 Section 0.92 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1-Office of Justice Programs and Related Agencies § 0.92 National Institute of Justice. The National...

  19. The Geography of Justice: Assessing Local Justice in Colombia’s Post-Conflict Phase

    Directory of Open Access Journals (Sweden)

    Mauricio García-Villegas

    2015-07-01

    Full Text Available This article combines descriptive empirical research with theoretical reflections to offer policy guidelines on what the role of local justice institutions in Colombia’s post-conflict phase should be. The article is divided into two parts. In the first, we present empirical evidence to illustrate the ways in which justice operates differently across the territory. In addition to illustrating these disparities, we also demonstrate the connection between these disparities and some phenomena relevant to understanding the Colombian conflict. Based on these findings, the second part of this article defines the state-building challenge confronted by the Colombian State during the post-conflict phase. Following this part, we propose a solution to this state-building challenge: the State must adopt a combination of efficacy and justice, and we provide guidelines on how a post-conflict justice system can operate to achieve that combination.

  20. Towards a Transnational Application of the Legality Principle in the EU’s Area of Freedom, Security and Justice?

    NARCIS (Netherlands)

    Luchtman, M.J.J.P.

    2013-01-01

    The Treaty of Lisbon formulates ambitious goals for the European Union. It holds that the EU shall offer its citizens an area of freedom, security and justice, in which the free movement of citizens is guaranteed in combination with appropriate measures with respect to crime control. This wording –

  1. Justice et miséricorde

    OpenAIRE

    Heyer, René

    2012-01-01

    On n’imagine pas de justice sans possibilité de faire miséricorde ; inversement, une miséricorde qui ne tiendrait pas compte de la justice ne serait plus la miséricorde. Les deux notions sont liées, mais sur un socle inégal : car la justice inspirée par la loi naturelle déborde la justice positive, de même que la misère des miséreux ne se laisse pas ramener au mal commis par le misérable. En découlent des variations où l’on peut voir se profiler trois moments : 1. La loi coutumière est bouscu...

  2. The European ‘Nomofilachia’ and the Principle of Proportionality

    Directory of Open Access Journals (Sweden)

    Antonio BARONE

    2009-12-01

    Full Text Available *The European Court of Justice greatly contributes to the guarantees that Community law will be uniformly interpreted and applied (“nomofilachia” and the rights which individuals derive from the Community legal order will be effectively protected. This essay analyses some aspects of the European Union “nomofilachia”; the research is developed in two steps which are strictly correlated. In the first part, it will be underlined how the uniform interpretation and the uniform application of EC law go beyond the provisions of art. 234 of the EC Treat; and are supported by new kind of relations among the Court of Justice, national courts and national administrations. In the second part of the research, it will be highlighted the impact of the general principles of the European Community legal system, moulded through the “nomofilachia” function of the Luxembourg Court, as regards the activities of national administrations. The analysis gives a particular attention to the evolutionary dynamics of the proportionality principle. All these aspects work in a contemporary context of deep transformation of the traditional relations among law, courts, administrations and citizens. * This essay is the joint work of both authors with Barone primary responsible for paragraph 1,2,3,4,9 and Ansaldi for paragraph 5,6,7,8.

  3. Restorative justice and victimology

    African Journals Online (AJOL)

    The growth of restorative justice has sparked debate over the future of the criminal justice system, which has historically adopted a retributive, punitive philosophy and advocated for an individualistic, treatment-orientated approach. This approach has over time failed to address the needs of crime victims, communities and.

  4. Assessment for Social Justice: The Role of Assessment in Achieving Social Justice

    Science.gov (United States)

    McArthur, Jan

    2016-01-01

    This article provides a rationale for "assessment for social justice", through which a greater focus is given to the role of assessment in achieving the social justice aspirations of higher education. It takes inspiration from work on assessment for learning to propose that as assessment is a powerful driver of how and what students…

  5. Environmental justice: An issue for states

    Energy Technology Data Exchange (ETDEWEB)

    Murakami, L.K.; Davis, S.; Starkey, D. [National Conference of State Legislatures, Denver, CO (United States)

    1996-12-01

    Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class.

  6. Environmental justice: An issue for states

    International Nuclear Information System (INIS)

    Murakami, L.K.; Davis, S.; Starkey, D.

    1996-01-01

    Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class

  7. Military Justice Study Guide

    Science.gov (United States)

    1990-07-01

    statute within the military system, persons unfamiliar with the military justice system may find the procedure something of a paradox at first blush...Manual for Courts-Martial) Is RM Nemitafinuestlitimelf.(er- V. GRAD*: c. ORGANIZATION dDT FRPR ast eiRO t: fII) EPR LCDR/ Naval Justice School

  8. The precautionary principle in international environmental law and international jurisprudence

    Directory of Open Access Journals (Sweden)

    Tubić Bojan

    2014-01-01

    Full Text Available This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it creates larger responsibility for those who create possible risks, comparing to the previous period. The precautionary principle can be found in numerous international treaties in this field, which regulate it in a very similar manner. There is no consensus in doctrine whether this principle has reached the level of international customary law, because it was interpreted differently and it was not accepted by large number of countries in their national legislations. It represents a developing concept which is consisted of changing positions on adequate roles of science, economy, politics and law in the field of environmental protection. This principle has been discussed in several cases before International Court of Justice and International Tribunal for the Law of the Sea.

  9. Personality traits and perceptions of organisational justice.

    Science.gov (United States)

    Törnroos, Maria; Elovainio, Marko; Hintsa, Taina; Hintsanen, Mirka; Pulkki-Råback, Laura; Jokela, Markus; Lehtimäki, Terho; Raitakari, Olli T; Keltikangas-Järvinen, Liisa

    2018-01-04

    This study examined the association between five-factor model personality traits and perceptions of organisational justice. The sample for the study comprised 903 participants (35-50 years old; 523 women) studied in 2007 and 2012. Measures used were the Neuroticism, Extraversion, Openness, Five-Factor Inventory questionnaire and the short organisational justice measure. The results showed that high neuroticism was associated with low distributive, procedural and interactional justice. Furthermore, high agreeableness was associated with high procedural and interactional justice and high openness with high distributive justice. This study suggests that neuroticism, agreeableness and openness are involved in perceptions of organisational justice and that personality should be considered in research and in practices at the workplace. © 2018 International Union of Psychological Science.

  10. Restorative Justice: A Changing Community Response

    Science.gov (United States)

    Ryan, Thomas G.; Ruddy, Sean

    2015-01-01

    Our purpose herein is to demonstrate how restorative justice continues to unfold globally and we explain how the use of a restorative justice ideology and intervention leads to a common alternative, not only in criminal justice institutions, but also within social agencies, such as elementary schools, and the related social support systems. We…

  11. Rethinking Discussions of Justice in Educational Research: Formative Justice, Educational Liberalism, and Beyond

    Science.gov (United States)

    Thompson, Winston C.

    2016-01-01

    Background/Context: Educational research tends to borrow accounts of justice from scholarship embedded within the structures and commitments of other disciplines or fields of study. This has created a body of educational research that largely responds to the "justice" goals of those disciplines rather than education qua education.…

  12. Using Goal Achievement Training in juvenile justice settings to improve substance use services for youth on community supervision.

    Science.gov (United States)

    Fisher, Jacqueline Horan; Becan, Jennifer E; Harris, Philip W; Nager, Alexis; Baird-Thomas, Connie; Hogue, Aaron; Bartkowski, John P; Wiley, Tisha

    2018-04-30

    The link between substance use and involvement in the juvenile justice system has been well established. Justice-involved youth tend to have higher rates of drug use than their non-offending peers. At the same time, continued use can contribute to an elevated risk of recidivism, which leads to further, and oftentimes more serious, involvement with the juvenile justice system. Because of these high rates of use, the juvenile justice system is well positioned to help identify youth with substance use problems and connect them to treatment. However, research has found that only about 60% of juvenile probation agencies screen all youth for substance involvement, and even fewer provide comprehensive assessment or help youth enroll in substance use treatment. This paper describes an integrated training curriculum that was developed to help juvenile justice agencies improve their continuum of care for youth probationers with substance use problems. Goal Achievement Training (GAT) provides a platform for continuous quality improvement via two sessions delivered onsite to small groups of staff from juvenile justice and behavioral health agencies. In the first session, participants are taught to identify goals and goal steps for addressing identified areas of unmet need (i.e., screening, assessment, and linkage to treatment services). In the second session, participants learn principles and strategies of data-driven decision-making for achieving these goals. This paper highlights GAT as a model for the effective implementation of cost-efficient training strategies designed to increase self-directed quality improvement activities that can be applied to any performance domain within juvenile justice settings. Efforts to monitor implementation fidelity of GAT within the specific context of the juvenile justice settings are highlighted. Challenges to setting the stage for process improvement generally, as well as specific hurdles within juvenile justice settings are discussed

  13. 83 CHALLENGES AND PROSPECTS OF THE JUVENILE JUSTICE ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Juvenile justice administration in Nigeria is weak and has been given very .... The Nigerian criminal justice system, of which the juvenile justice system is an integral part, ... as instruments of security and justice but as weapons of oppression8.

  14. "The Path of Social Justice": A Human Rights History of Social Justice Education

    Science.gov (United States)

    Grant, Carl A.; Gibson, Melissa Leigh

    2013-01-01

    Although not often recognized, social justice education in the U.S. is historically and philosophically tied to the twentieth century's human rights initiatives. The efforts of human rights pioneers, such as those who authored the Universal Declaration of Human Rights, have indelibly shaped social justice efforts, including within education, in…

  15. Navigating the Meanings of Social Justice, Teaching for Social Justice, and Multicultural Education

    Science.gov (United States)

    Cho, Hyunhee

    2017-01-01

    This article uses well-received contemporary scholarship--works by Iris Young, Nancy Fraser, Morva McDonald, Connie North, and Geneva Gay--to illuminate a high degree of coherence among the substantive meanings of social justice, teaching for social justice, and multicultural education. Based on these relationships, the article suggests that…

  16. Genetics, criminal justice, and the minority community: An introduction for professionals in criminal justice. A report on the third annual convocation of the Justice George Lewis Ruffin Society

    Energy Technology Data Exchange (ETDEWEB)

    Croatti, R.D.

    1994-10-15

    The Justice George Lewis Ruffin Society is an organization founded in 1984 to support minority professionals in the Massachusetts criminal justice system. The Society began the sponsorship of statewide Convocations in 1992. These events provide minority criminal justice professionals with the opportunity to focus on pertinent topics through expert presentations, panel discussions, and peer interactions. Because of its increasing importance in the criminal justice process at large, and growing significance to the minority community in particular, the committee determined that the 1994 Convocation would focus on DNA. A decision was made to concentrate both on the science and the ethical and moral considerations pertinent to its application. The committee determined that along with expert presentations, a large portion of each day`s program should be devoted to workshops, designed to provide participants with an opportunity to review, test and discuss the material in a small group environment. Overall objectives of the Convocation were to provide minority and non-minority criminal justice professionals with a basic foundation in the science of genetics as well as current developments in genetic diagnostic technology, to highlight the actual and potential application of DNA technology to the criminal justice system and elsewhere, and to underscore the implications of these developments for criminal justice policy and the law.

  17. Procedural justice and quality of life in compensation processes.

    Science.gov (United States)

    Elbers, Nieke A; Akkermans, Arno J; Cuijpers, Pim; Bruinvels, David J

    2013-11-01

    There is considerable evidence that being involved in compensation processes has a negative impact on claimants' health. Previous studies suggested that this negative effect is caused by a stressful compensation process: claimants suffered from a lack of communication, a lack of information, and feelings of distrust. However, these rather qualitative findings have not been quantitatively investigated yet. This observational study aimed to fill this gap of knowledge, investigating the claimants' perceived fairness of the compensation process, the provided information, and the interaction with lawyers and insurance companies, in relation to the claimants' quality of life. Participants were individuals injured in traffic accidents, older than 18 years, who were involved in a compensation process in the Netherlands. They were recruited by three claims settlement offices. Outcome measures were procedural, interactional, and informational justice, and quality of life. Participants (n=176) perceived the interaction with lawyers to be fairer than the interaction with insurance companies (pquality of life (rs=.22, p=.004). The finding that the interaction with insurance companies was considered less fair than the interaction with lawyers may imply that insurers could improve their interaction with claimants, e.g. by communicating more directly. The result that claimants with mild injuries and with trunk/back injuries considered the compensation process to be less fair than those with respectively severe injuries and injuries to other body parts suggests that especially the former two require an attentive treatment. Finally, the fact that procedural justice was positively correlated with quality of life could implicate that it is possible to improve claimants' health in compensation processes by enhancing procedural justice, e.g. by increasing the ability for claimants to express their views and feelings and by involving claimants in the decision-making process. Copyright

  18. Moral agency as enacted justice: a clinical and ethical decision-making framework for responding to health inequities and social injustice.

    Science.gov (United States)

    Edwards, Ian; Delany, Clare M; Townsend, Anne F; Swisher, Laura Lee

    2011-11-01

    This is the second of 2 companion articles in this issue. The first article explored the clinical and ethical implications of new emphases in physical therapy codes of conduct reflecting the growing evidence regarding the importance of social determinants of health, epidemiological trends for health service delivery, and the enhanced participation of physical therapists in shaping health care reform in a number of international contexts. The first article was theoretically oriented and proposed that a re-thinking of ethical frameworks expressed in codes of ethics could both inform and underpin practical strategies for working in primary health care. A review of the ethical principle of "justice," which, arguably, remains the least consensually understood and developed principle in the ethics literature of physical therapy, was provided, and a more recent perspective-the capability approach to justice-was discussed. The current article proposes a clinical and ethical decision-making framework, the ethical reasoning bridge (ER bridge), which can be used to assist physical therapy practitioners to: (1) understand and implement the capability approach to justice at a clinical level; (2) reflect on and evaluate both the fairness and influence of beliefs, perspectives, and context affecting health and disability through a process of "wide reflective equilibrium" and assist patients to do this as well; and (3) nurture the development of moral agency, in partnership with patients, through a transformative learning process manifest in a mutual "crossing" and "re-crossing" of the ER bridge. It is proposed that the development and exercise of moral agency represent an enacted justice that is the result of a shared reasoning and learning experience on the part of both therapists and patients.

  19. Age-related inequalities in health and healthcare: the life stages approach.

    Science.gov (United States)

    Jecker, Nancy S

    2017-05-16

    How should healthcare systems prepare to care for growing numbers and proportions of older people? Older people generally suffer worse health than younger people do. Should societies take steps to reduce age-related health inequalities? Some express concern that doing so would increase age-related inequalities in healthcare. This paper addresses this debate by (1) presenting an argument in support of three principles for distributing scarce resources between age groups; (2) framing these principles of age group justice in terms of life stages; and (3) indicating policy implications that merit further attention in light of rapidly aging societies. © 2017 John Wiley & Sons Ltd.

  20. Justice In Granting Remission For Corruption Prisoners A Review Of Indonesian Criminal Justice System

    Directory of Open Access Journals (Sweden)

    Mispansyah

    2015-08-01

    Full Text Available Abstract Prisoners are entitled to have a reduction in criminal past remission as stipulated in the Indonesian Criminal Justice System still being debated to this day. This research reviews the essence of the implementation of the substantive law in granting remission against inmate corruption cases from the perspective of public and individual interests. The type of research used in this paper is socio-legal research reviewing remission policy from the perspective of the criminal law system with philosophical and statute approach. The outcomes of the research indicate that the implementation of granting remission for corruption prisoners does not provide justice both procedural and substantive does not provide legal expediency and arising imbalance of justice for individuals communities and countries. The need to implement remissions with impartial justice for corruption prisoners in granting remission to be useful for individuals communities and countries.

  1. What is justice in education? Sketch of answer based on theories of justice and economics.

    OpenAIRE

    D. Waltenberg , Fábio

    2004-01-01

    D. Waltenberg, F. (2004). What is justice in education? Sketch of answer based on theories of justice and economics. Les Cahiers de Recherche du Girsef, 32.; What is justice in education? How can we evaluate whether given distributions of educational inputs or educational outcomes are just or not? How should a society distribute its educational resources? How can we evaluate the level of (un)fairness of a schooling system? In this paper, we try to provide a basic framework for thinking about ...

  2. Organization structure as a moderator of the relationship between procedural justice, interactional justice, perceived organizational support, and supervisory trust.

    Science.gov (United States)

    Ambrose, Maureen L; Schminke, Marshall

    2003-04-01

    Organizational justice researchers recognize the important role organization context plays in justice perceptions, yet few studies systematically examine contextual variables. This article examines how 1 aspect of context--organizational structure--affects the relationship between justice perceptions and 2 types of social exchange relationships, organizational and supervisory. The authors suggest that under different structural conditions, procedural and interactional justice will play differentially important roles in determining the quality of organizational social exchange (as evidenced by perceived organizational support [POS]) and supervisory social exchange (as evidenced by supervisory trust). In particular, the authors hypothesized that the relationship between procedural justice and POS would be stronger in mechanistic organizations and that the relationship between interactional justice and supervisory trust would be stronger in organic organizations. The authors' results support these hypotheses.

  3. The future of morality and international justice

    Directory of Open Access Journals (Sweden)

    Rakić Vojin

    2010-01-01

    Full Text Available The focus of this paper will be on the issue of justice, specifically in international relations. In that context, a number of existing theories of international justice will be briefly reviewed. Afterwards, I will turn to the question of what justice actually is. The assertion that justice is based on the idea of freedom will be substantiated. I will attempt to support my position with Doyle's and Kant's argumentation. It will be concluded that there are robust arguments in favor of the thesis that our historical development is marked by a gradual expansion of freedom and justice. Furthermore, we have strong reasons to aspire liberal internationalism based on the idea of humanity's gradual approximation of some form of global state because such a conception might be the best warrant of justice in international relations.

  4. What Justice for Rwanda? Gacaca versus Truth Commission?

    OpenAIRE

    Reuchamps, Min

    2008-01-01

    In post-genocide Rwanda, in addition to gacaca courts, a truth commission is needed in order to promote justice and foster reconciliation. In the context of transitional justice, retributive justice, which seeks justice and focuses on the perpetrators, appears to be inadequate to lead a society towards reconciliation. Therefore, some forms of restorative justice, which emphasize the healing of the whole society, seem necessary. In Rwanda, gacaca courts and a truth commission are complementary...

  5. The antecedents of buyers' perceived justice in online markets.

    Science.gov (United States)

    Chiu, Shun-Po; Chou, Huey-Wen; Chiu, Chao-Min

    2013-07-01

    The success of a business largely depends upon customers' intentions to continue to purchase, but this can be a challenge for vendors in online markets. This study proposes a model which identifies an initial set of justice antecedents and evaluates their relation to perceived justice, trust, and repurchase intention in online markets. The theoretical model is tested by using structural equation modeling on a data set of 424 buyers in Yahoo! Kimo online auction market. The results demonstrate that three dimensions of justice (distributive, procedural, and interactional) are positively and significantly related to trust, which in turn affects buyers' intention to repurchase. Moreover, among the three dimensions of justice judgments, distributive justice and interactional justice are relatively more important than procedural justice in predicting buyers' trust in sellers. In terms of the antecedents of justice, this study provides evidence that product quality and delivery performance are significantly related to distributive justice, while information quality and contact channel are important antecedents of procedural justice. This study also finds that responsiveness is important in enhancing buyers' judgments of interactional justice.

  6. Engaging Global Justice Through Internships (Penultimate Draft)

    OpenAIRE

    Ericka Tucker

    2014-01-01

    Engaging with Global Justice through InternshipsGlobal justice, on its face, seems like an impossible task. As individuals, even citizens of wealthy and powerful countries, the task of economic, social and political justice seems to outstrip our intellectual, practical and emotional abilities. Considering the scope of 'global' justice, it would appear that a massive coordinated effort would be necessary to overcome the problems of global injustice, yet it would seem such coordination may be i...

  7. Asserting their Justice. The Shuar Vindicatory System and the Development of Indigenous Justice

    Directory of Open Access Journals (Sweden)

    Raúl Márquez Porras

    2018-06-01

    Full Text Available In Ecuador, the State’s recognition of indigenous justice systems takes place in a context where the legal framework is only partially made explicit, native communities debate their own legal model and their relationship with the State legal system remains ambiguous. This paper addresses the legal realities of one of these groups, the Shuar, drawing on a case study carried out in Nangaritza and on bibliographic work. First, a characterisation of the Shuar traditional justice is attempted. Then, certain dynamics of change, as well as the relationship between the Shuar and the State’s representatives, is described. Finally, hypotheses are proposed concerning the adaptation of Shuar justice to the new constitutional framework and its formalisation process.

  8. Love and justice's dialectical relationship: Ricoeur's contribution on the relationship between care and justice within care ethics.

    Science.gov (United States)

    Van Stichel, Ellen

    2014-11-01

    The relationship between love/care and justice was one of the key tensions from which care ethics originated; to this very day it is subject of debate between various streams of thought within care ethics. With some exceptions (e.g. Christa Schnabl) most approaches have in common the belief that care and justice are mutually exclusive concepts, or at least as so different that their application is situated on different levels. Hence, both are complementary, but distinct, so that there is no real interaction. This paper aims to investigate whether, and if so, how, a deeper understanding of Ricoeur's thoughts on this matter enriches the relationship between care and justice with respect to care ethics. This connection suggests itself from Ricoeur's interpretation of the relationship as a dialectical one in which the logic of superabundance (love) and the logic of equivalence (justice) meet. Care enables people to see the face and individuality of the one, 'le chacun,' within the anonymous structures of justice that tend to reduce all human beings to the anonymous each, 'le on'; justice in its turn is the precondition for love to become incarnated and made real. What may this view--of care and justice standing in close connection, in which they correct and strengthen each other--add to the understanding of concrete practices of care?

  9. Gendering agency in transitional justice

    DEFF Research Database (Denmark)

    Björkdahl, Annika; Selimovic, Johanna Mannergren

    2015-01-01

    -Herzegovina, where we point out instances of critical, creative, and transformative agency performed by women that challenge or negotiate patterns of gendered relations of domination. We collect women’s oral narratives and explore new sets of questions to capture women’s unique experiences in doing justice......Mainstream transitional justice and peacebuilding practices tend to re-entrench gendered hierarchies by ignoring women or circumscribing their presence to passive victims in need of protection. As a consequence we have limited knowledge about the multifaceted ways women do justice and build peace....... To address this lacuna we conceptualize and unpack the meaning of gendered agency, by identifying its critical elements and by locating it in space and in time. The conceptual work that we undertake is underpinned by empirical mapping of the transitional justice spaces in post-conflict Bosnia...

  10. Not so Black and White: environmental justice and cumulative impact assessments

    International Nuclear Information System (INIS)

    Krieg, Eric J.; Faber, Daniel R.

    2004-01-01

    not typically identified as meeting EJ criteria (in demographic terms) also face more significant ecological hazards. Thus, the strict bifurcation of communities into categories of Environmental Justice and Non-Environmental Justice is problematic, and poses a serious dilemma for policy makers, public health officials, and community activists. To overcome this challenge requires the adoption of a cumulative environmental justice impact assessment (CEJIA), which in addition to the demographic characteristics of a community, also takes into account the total environmental burden and related health impacts upon residents. Furthermore, through the adoption of the precautionary principle, source reduction, and alternative forms of ''cleaner'' production, environmental justice advocates must work for policies which reduce the environmental threat for the full range of communities, as well as their own

  11. Measuring Intergenerational Justice

    Directory of Open Access Journals (Sweden)

    Laurence J. Kotlikoff

    2017-12-01

    Full Text Available Concern with intergenerational justice has long been a focus of economics. This essay considers the effort, over the last three decades, to quantify generational fiscal burdens using label-free fiscal gap and generational accounting. It also points out that government debt -- the conventional metric for assessing generational fiscal justice,– has no grounding in economic theory. Instead, official debt is the result of economically arbitrary government labelling decisions: whether to call receipts “taxes” rather than “borrowing” and whether to call payments “transfer payments” rather than “debt service”. Via their choice of words, governments decide which obligations to put on, and which to keep off, the books. The essay also looks to the future of generational fiscal-justice analysis. Rapid computational advances are permitting economists to understand not just direct government intergenerational redistribution, but also how such policies impact the economy that future generations will inherit.

  12. Perception on justice, trust and tax compliance behavior in Malaysia

    Directory of Open Access Journals (Sweden)

    Sellywati Mohd Faizal

    2017-09-01

    Full Text Available The relationship between justice and trust with tax compliance behavior in Malaysia was studied. Previous studies have acknowledged the perception that justice does have an impact on tax compliance. This study distinguishes justice into procedural justice, distributive justice, and retributive justice. Therefore, this study examined the effect of these three types of justice on tax compliance. Trust also influences the act of tax compliance and it also has a relationship to the element of justice. Perceptions from individual taxpayers were gathered using questionnaires from previous studies. The findings suggest only procedural justice and trust affect tax compliance and procedural justice was positively and significantly correlated to trust. However, trust does not mediate the relationship between justice and compliance. This research will contribute to the tax literature with widened scope on justice in Malaysia.

  13. Justice, Integrity and Fairness: Relevant Questions About Robert Nozick Political Theory

    Directory of Open Access Journals (Sweden)

    Carlos Fernando Cruz da Silva

    2016-11-01

    Full Text Available The present work develops and analysis about Robert Nozick political theory based in thesis defended by Ronald Dworkin. The central objective of this paper is to investigate the validity or the invalidity of the justice principles proposed by Nozick under the integrity theory. The methodology utilized to construct the definitive hypothesis was based, initially, in a theoretical search, developed through of an bibliographical lifting of the principal involved authors texts. After the survey, a descriptive analysis of the texts was executed and, then, was executed and critical analysis. At the end, an definitive proposal was constructed with an deductive reasoning.

  14. 28 CFR 0.93 - Bureau of Justice Statistics.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Bureau of Justice Statistics. 0.93...-Office of Justice Programs and Related Agencies § 0.93 Bureau of Justice Statistics. The Bureau of Justice Statistics is headed by a Director appointed by the President. Under the general authority of the...

  15. Globalization and Social Justice in OECD Countries

    OpenAIRE

    Björn Kauder; Niklas Potrafke

    2015-01-01

    Social justice is a topic of importance to social scientists and also political decision makers. We examine the relationship between globalization and social justice as measured by a new indicator for 31 OECD countries. The results show that countries that experienced rapid globalization enjoy social justice. When the KOF index of globalization increases by one standard deviation, the social justice indicator increases by about 0.4 points (on a scale from 1 to 10). The policy implication is t...

  16. Ethics, Justice and the Sale of Kidneys for Transplantation Purposes

    Directory of Open Access Journals (Sweden)

    M Slabbert

    2010-08-01

    Full Text Available Living kidney donor transplantations are complex; add to that financial compensation to the donor and one enters an ethical maze. Debates on whether the buying and selling of kidneys should be allowed are mainly between utilitarians, deontologists and virtue ethicists as legal transplants are more common in the Western world. The pros and cons of each theory in relation to the sale of human organs are analysed, after which the foundational principles for all bio-ethical judgments; beneficence, non-maleficence, autonomy and justice are also scrutinised in seeking to justify the sale of human kidneys for transplantation purposes in a country with a human rights culture.

  17. Social Justice for Crossover Youth: The Intersection of the Child Welfare and Juvenile Justice Systems.

    Science.gov (United States)

    Kolivoski, Karen M; Goodkind, Sara; Shook, Jeffrey J

    2017-10-01

    Social workers are critical to promoting racial and social justice. "Crossover youth," a term used to describe youths who have contact with both the child welfare and juvenile justice systems, are an especially vulnerable but often overlooked population with whom social workers engage. A disproportionate number of crossover youth are African American. Empirical research on crossover youth is growing, but such scholarship rarely engages with a human rights and social justice perspective. African American children and youths have a distinct place within the history and current context of the child welfare and juvenile justice systems. These systems have historically excluded them or treated them differently; now, African American youths are overrepresented in each of them, and evidence suggests they are more likely to cross over. The purpose of this article is to describe the historical and current context of crossover youth, with a particular focus on African American youths, to provide the foundation for a discussion of what social workers can do to promote racial and social justice for crossover youth, including specific implications for practice and policy, as well as broader implications for human and civil rights. © 2017 National Association of Social Workers.

  18. Impairment-targeted exercises for older adults with knee pain: protocol for a proof-of-principle study

    Directory of Open Access Journals (Sweden)

    Thomas Elaine

    2011-01-01

    Full Text Available Abstract Background Exercise therapy for knee pain and osteoarthritis remains a key element of conservative treatment, recommended in clinical guidelines. Yet systematic reviews point to only modest benefits from exercise interventions. One reason for this might be that clinical trials tend to use a one-size-fits-all approach to exercise, effectively disregarding the details of their participants' clinical presentations. This uncontrolled before-after study (TargET-Knee-Pain aims to test the principle that exercises targeted at the specific physical impairments of older adults with knee pain may be able to significantly improve those impairments. It is a first step towards testing the effectiveness of this more individually-tailored approach. Methods/Design We aim to recruit 60 participants from an existing observational cohort of community-dwelling older adults with knee pain. Participants will all have at least one of the three physical impairments of weak quadriceps, a reduced range of knee flexion and poor standing balance. Each participant will be asked to undertake a programme of exercises, targeted at their particular combination and degree of impairment(s, over the course of twelve weeks. The exercises will be taught and progressed by an experienced physiotherapist, with reference to a "menu" of agreed exercises for each of the impairments, over the course of six fortnightly home visits, alternating with six fortnightly telephone calls. Primary outcome measures will be isometric quadriceps strength, knee flexion range of motion, timed single-leg standing balance and the "Four Balance Test Scale" at 12 weeks. Key secondary outcome measures will be self-reported levels of pain, stiffness and difficulties with day-to-day functional tasks (WOMAC. Outcome measures will be taken at three time-points (baseline, six weeks and twelve weeks by a study nurse blinded to the exercise status of the participants. Discussion This study (Targ

  19. 75 FR 9613 - Draft NIJ Restraints Standard for Criminal Justice

    Science.gov (United States)

    2010-03-03

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (NIJ) Docket No. 1512] Draft NIJ Restraints Standard for Criminal Justice AGENCY: National Institute of Justice, Office of Justice Programs, DOJ. ACTION: Notice of Draft NIJ Restraints Standard for Criminal Justice and Certification Program...

  20. Looking to Hume for justice: on the utility of Hume's view of justice for American health care reform.

    Science.gov (United States)

    Churchill, L R

    1999-08-01

    This essay argues that Hume's theory of justice can be useful in framing a more persuasive case for universal access in health care. Theories of justice derived from a Rawlsian social contract tradition tend to make the conditions for deliberation on justice remote from the lives of most persons, while religiously-inspired views require superhuman levels of benevolence. By contrast, Hume's theory derives justice from the prudent reflections of socially-encumbered selves. This provides a more accessible moral theory and a more realistic path to the establishment of universal access.

  1. THE PRINCIPLE OF SEPARATION OF POWERS - CONSTITUTIONAL GUARANTEE

    Directory of Open Access Journals (Sweden)

    Emilian CIONGARU

    2017-05-01

    Full Text Available The principle of ensuring the legal bases of the State functioning is the fundamental principle of law which actually settles down the principle of separation of powers: legislative, executive and judicial power. Over the time, the principle of separation of powers, although in practice its enforcement experienced more than two centuries, it hasn’t expressed itself in a pure form, not even in the most advanced democracies. Whether it is approached the thesis of a more flexible or more rigid separation of powers or the thesis on certain exceptions to those two situations specific to certain political regimes, the principle of separation of powers is the fundamental mechanism in ensuring a balance of powers and preventing the establishment of a dictatorial or authoritarian regime. The complex content of the rule of law consists of: the rule of law regency; the capitalization on the actual size of the fundamental rights and freedoms; the achievement of the balance/mutual cooperation of public authorities and the performance of free access to justice. If the form of State organization of the political power of the people is done by several groups or categories of State bodies with functions and features clearly defined and characterized by organizational and functional autonomy, as well as mutual balance and collaboration, it is emerging the principle of separation of the State powers balance.

  2. Commentary: School Psychologists as Advocates for Racial Justice and Social Justice: Some Proposed Steps

    Science.gov (United States)

    Shriberg, David

    2016-01-01

    In this commentary, Shriberg acknowledges that social justice and racial justice are critical frameworks from which to view school psychology. Individually and collectively, the works in this special issue of "School Psychology Forum" have added a tremendous service to the field. In addition to advancing research, the articles challenge…

  3. StranshamFord v Minister of Justice and Correctional Services and Others: Can active voluntary euthanasia and doctorassisted suicide be legally justified and are they consistent with the biomedical ethical principles Some suggested guidelines for doct

    Directory of Open Access Journals (Sweden)

    David McQuoid-Mason

    2015-11-01

    Full Text Available The recent case of Stransham-Ford v Minister of Justice and Correctional Services and Others held that voluntary active euthanasia and doctor assisted suicide may be legally justified in certain circumstances. The court observed that the distinction between ‘active’ and ‘passive’ voluntary euthanasia is not legally tenable as in both instances the doctors concerned have the ‘actual’ or ‘eventual’ intention to terminate the patient’s life and have caused or hastened the patient’s death. It is argued that as the South African Constitution is the supreme law of the country, the fundamental rights of patients guaranteed in the Constitution cannot be undermined by ethical duties imposed on health care practitioners by international and national professional bodies. The court in the Stransham-Ford case did not use ethical theories and principles to decide the matter. It simply applied the values in the Constitution and the provisions of the Bill of Rights. However, in order to assist medical practitioners with practical guidelines with which many of them are familiar - rather than complicated unfamiliar philosophical arguments - the biomedical ethical principles of patient autonomy, beneficence, non-maleficence and justice or fairness are applied to active voluntary euthanasia and doctor-assisted suicide in the context of the Stransham-Ford case. Although the case has not set a precedent or opened the floodgates to doctor-assisted voluntary active euthanasia and it is open to Parliament, the Constitutional Court or other courts to develop the concept or outlaw it, some guidelines are offered for doctors to consider should they be authorized by a court to assist with voluntary active euthanasia.

  4. Comparison between current and ideal condition of educational justice from the students' viewpoints at Jahrom Nursing and Paramedical School.

    Science.gov (United States)

    Montaseri, Mohammad Ali; Hojat, Mohsen; Karimyar Jahromi, Mahdi

    2014-01-01

    Educational justice is a process by which all those involved in education are pondering and seeking to establish it in their regulatory environments. This study aimed to investigate effective factors in an ideal educational justice and the current condition of educational justice from the students' viewpoint and ultimately increase the awareness and understanding of authorities and educational planners of the existing shortcomings.  This is a descriptive-analytical study. Samples include all nursing, operating room, and anesthesia students of nursing and paramedical college who had passed at least 5 semesters. Data collection was carried out through a scholar questionnaire. Validity was assessed through content validity and reliability of the questionnaire was evaluated using a pilot study.  In order to determine the status of the scores, 5 points (very high), 4 (often), 3 (moderate), 2 (low) and 1 (very low) were assigned, respectively. To determine the justice level, a 35 score interval was considered as very low, low, medium, high and very high. SPSS software, descriptive statistics, independent t-test and ANOVA were used to analyze the data.  There was a significant difference between the ideal and the current conditions in all items (p≤0.001) and also in the total mean score of ideal condition  and mean score of current condition (p=0.010). In an educational system, educational methods and aims should be regulated in a way that principles and components of justice are attainable and distribution and allocation of educational facilities of justice are considered thoroughly.

  5. Common Frame of Reference and social justice

    NARCIS (Netherlands)

    Hesselink, M.W.; Satyanarayana, R.

    2009-01-01

    The article "Common Frame of Reference and Social Justice" by Martijn W. Hesselink evaluates the Draft Common Frame of Reference (DCFR) of social justice. It discusses the important areas, namely a common frame of Reference in a broad sense, social justice and contract law, private law and

  6. Restorative Justice at Work: Examining the Impact of Restorative Justice Resolutions on Juvenile Recidivism

    Science.gov (United States)

    Rodriguez, Nancy

    2007-01-01

    Programs with restorative justice ideals attempt to incorporate victims and community members into the administration of justice. Although these programs have become increasingly popular, only a few programs in the United States have been the focus of prior studies. Using official juvenile court data from an urban, metropolitan area, this study…

  7. Climate Justice and the Paris Agreement

    International Nuclear Information System (INIS)

    Michelot, Agnes

    2016-01-01

    The concept of climate justice has been, for the first time, used in an international agreement - namely, the Paris Agreement. But this recognition of the notion of climate justice is extremely restricted by the very way it is formulated. Preamble of the Paris Agreement 'notes' that climate justice is recognized by 'certain cultures'. Does it mean that particular and concrete stakes of climate justice of the pre-COP21 agenda have been recognized or, on the contrary, that the notion so introduced is actually an empty shell without any genuine legal perspective? Considering this uncertainty, it appears relevant to analyze the Paris Agreement through the claims of various groups and coalitions, which influenced the COP21 negotiations

  8. Restorative justice: a changing community response

    Directory of Open Access Journals (Sweden)

    Thomas G Ryan

    2015-03-01

    Full Text Available Our purpose herein is to demonstrate how restorative justice continues to unfold globally and we explain how the use of a restorative justice ideology and intervention leads to a common alternative, not only in criminal justice institutions, but also within social agencies, such as elementary schools, and the related social support systems. We draw attention to this emerging trend via current research and resources that enable us to put forward a definition, theoretical background and list the characteristic traits of this alternative mode of life consequence. Finally, we argue that the use of restorative justice in schools is a focus that is really a paradigm shift within the landscape of the educational enterprise.

  9. The Principles Of Liability On Telemedicine Practices

    Directory of Open Access Journals (Sweden)

    Arman Anwar

    2016-09-01

    Full Text Available This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1 of the 1945 Constitution and Article 5 (1 of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3 BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability, feasibility and appropriateness (fair and reasionableness. Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good.

  10. Critical reflections on the principle of beneficence in biomedicine

    Science.gov (United States)

    Munyaradzi, Mawere

    2012-01-01

    Medical ethics as a scholarly discipline and a system of moral principles that apply values and judgments to the practice of medicine encompasses its practical application in clinical settings as well as work on its history, philosophy, theology, anthropology and sociology. As such there are a number of values in medical ethics such as autonomy, non-maleficence, confidentiality, dignity, honesty, justice and beneficence, among others. These values act as guidelines for professionals in the medical fraternity and are therefore used to judge different cases in the fraternity. For purposes of this work, this paper examines the principle of beneficence in biomedicine. Using both hypothetical cases and others in real life situations, the paper reflects on the implications of beneficence in biomedicine. It argues that the principle of beneficence is a prima facie obligation that should “always be acted upon unless it conflicts on a particular occasion with an equal or stronger principle”. PMID:22514763

  11. The Criminal justice system in Northern Ireland

    OpenAIRE

    Carr, Nicola

    2017-01-01

    As with any country, crime and justice and the contours of criminal justice have to be situated within the particular historical, social, and political context. Nowhere is this truer than in Northern Ireland, where the criminal justice system that has emerged has been shaped by a violent political conflict which spanned over three decades (from the late 1960s to the late 1990s). In the transition to peace, the reform of criminal justice agencies has been central—to a wider project of state le...

  12. Organizational Justice as an Antecedent of Job Performance

    Directory of Open Access Journals (Sweden)

    Aizzat Mohd. Nasurdin

    2013-06-01

    Full Text Available The present research examines the influence of organizational justice (distributive justice and procedural justice on predicting job performance (task performance and contextual performance. Survey data were drawn from a sample of 136 customer-contact employees within the telecommunications industry in Malaysia. Results of the regression analysis illustrate that distributive justice alone has a significant and positive relationship with task performance. On the other hand, only procedural justice is found to be significantly and positively related to contextual performance. Implications of the findings and directions for future research are highlighted.

  13. Leadership Education and Development for Justice Using the Canonical Framework of John Rawls's, "A Theory of Justice"

    Science.gov (United States)

    Kliewer, Brandon; Zacharakis, Jeff

    2015-01-01

    Higher education that presupposes a specific conception of justice does well in preparing students to make claims of justice from specific perspectives or positions. However, civic leadership students with a strong background in specific conceptions of justice are often not equipped with necessary skills, dispositions, and habits to exercise…

  14. The principle of guilt as a basis for criminal sanctions justification review in the Criminal Law in Serbia

    Directory of Open Access Journals (Sweden)

    Ćorović Emir A.

    2013-01-01

    Full Text Available The principle of guilt is one of the essential principles of criminal law. However, it is a very complex principle. Its content has been presented in this paper particularly referring to a systematic deviation of it in the criminal legislation of the Republic of Serbia. According to the provisions of the article 2 of the Criminal Code of Serbia the principle of guilt is related to punishments and warning measures, while security and educational measures remained beyond its reach. On the other side, The Criminal Code defining a crime offense in the article 14 demands culpability of perpetrator's behavior. It involves a conceptual problem: a possibility is given for criminal sanctions of the principle of guilt, article 2 of the Criminal Code not referring to security and educational measures could be applied for people acting without culpability. It is paradoxical to accept criminal-justice reaction in the form of criminal sanctions regarding people without guilt. According to author of this paper, such a normative solution brings into issue the relevant principle, more precisely its basis, generality and guidance, the qualities that every legal principle should maintain. Of course, deviations of legal principle and the principle of guilt are possible but they must be kept to a minimum. Otherwise, systematic legal principle deviations, in this case the principle of guilt, are not to be tolerated. Connecting the principle of guilt with the system of criminal sanctions opens the debate on voluntarism embodied in the freedom of will and guilt and positivism/determinism embodied in perpetrator's danger and educational neglect within the criminal law. It is over a century discussion in the science of criminal law. The author of the paper concludes criminal-justice reaction in the form of criminal sanction can be justified only of based on the principle of guilt. Otherwise, such a reaction has no place in the criminal law.

  15. Adjuvant Treatment for Older Women with Invasive Breast Cancer

    Science.gov (United States)

    Jolly, Trevor A; Williams, Grant R; Bushan, Sita; Pergolotti, Mackenzi; Nyrop, Kirsten A; Jones, Ellen L; Muss, Hyman B

    2016-01-01

    Older women experience a large share of breast cancer incidence and death. With the projected rise in the number of older cancer patients, adjuvant chemo-, radiation and endocrine therapy management will become a key component of breast cancer treatment in older women. Many factors influence adjuvant treatment decisions including patient preferences, life expectancy and tumor biology. Geriatric assessment predicts important outcomes, identifies key deficits, and can aid in the decision making process. This review utilizes clinical vignettes to illustrate core principles in adjuvant management of breast cancer in older women and suggests an approach incorporating life expectancy and geriatric assessment. PMID:26767315

  16. Educational Justice and Big Data

    Science.gov (United States)

    Ben Shahar, Tammy Harel

    2017-01-01

    This article examines the effects of incorporating information and communication technologies in schools in terms of distributive justice. To do so, four issues that are central to educational justice are discussed: scarcity of resources, the positional nature of education, peer effects, and biases in educational decision-making. The discussion…

  17. Gender Justice and School Education

    Science.gov (United States)

    Gao, Desheng

    2009-01-01

    Gender justice includes three basic dimensions: gender equality, respect for difference, and free choice. In reality, schools construct and reproduce the gender injustice of the social culture through multiple dimensions that include the visible and the invisible curriculum, and the teacher's behaviour. In terms of gender justice, the social…

  18. How can forensic systems improve justice for victims of offenders found not criminally responsible?

    Science.gov (United States)

    Quinn, Jason; Simpson, Alexander I F

    2013-01-01

    Controversy has arisen surrounding findings of not criminally responsible (NCR) or not guilty by reason of insanity (NGRI) in recent years. In some countries, the debate has been driven by the concerns of victims, who are seeking greater information on discharge, accountability on the part of the offender, and involvement in the disposition of NCR or NGRI perpetrators. Their demands raise questions about proportionality between the seriousness of the index offense and the disposition imposed, the place of retribution in the NCR regimen, and the ethics-related challenges that emerge from this tension. We conducted a literature review focused on the relationship of victims to NCR and NGRI processes. The literature is limited. However, theoretical reasoning suggests that interventions based on restorative justice principles reduce persistently negative feelings and increase a sense of justice for victims of criminally responsible defendants. Opportunities and problems with extending such processes into the area of mentally abnormal offenders are discussed.

  19. LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2017-07-01

    Full Text Available e, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and application. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for updating, in certain limits, the justice – naturalistic concepts in the law.

  20. Educational Administration and Social Justice

    Science.gov (United States)

    Bates, Richard

    2006-01-01

    After observing that texts in educational administration have largely failed to address the problem of the justice and fairness of social and educational arrangements, this article goes on to examine the necessary relationships between ethical leadership, community and the notion of social justice. Such relationships are argued to be necessarily…

  1. Defending the four principles approach as a good basis for good medical practice and therefore for good medical ethics.

    Science.gov (United States)

    Gillon, Raanan

    2015-01-01

    This paper argues that the four prima facie principles-beneficence, non-maleficence, respect for autonomy and justice-afford a good and widely acceptable basis for 'doing good medical ethics'. It confronts objections that the approach is simplistic, incompatible with a virtue-based approach to medicine, that it requires respect for autonomy always to have priority when the principles clash at the expense of clinical obligations to benefit patients and global justice. It agrees that the approach does not provide universalisable methods either for resolving such moral dilemmas arising from conflict between the principles or their derivatives, or universalisable methods for resolving disagreements about the scope of these principles-long acknowledged lacunae but arguably to be found, in practice, with all other approaches to medical ethics. The value of the approach, when properly understood, is to provide a universalisable though prima facie set of moral commitments which all doctors can accept, a basic moral language and a basic moral analytic framework. These can underpin an intercultural 'moral mission statement' for the goals and practice of medicine. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  2. Promotion of ethical principles in provision of medication therapy management services

    Directory of Open Access Journals (Sweden)

    Sarah E. Kelling

    2014-01-01

    Full Text Available As pharmacists move toward more patient-centered care through medication therapy management (MTM, important issues and conflicts may arise within the therapeutic relationship, requiring pharmacists to use ethical knowledge and skills toward conflict-resolution. The purpose of this paper is to explore practical strategies that pharmacists and other champions of MTM may utilize to support the ethical principles of autonomy, veracity, nonmaleficence, beneficence, and justice, along with an ethic of care during the provision of MTM services. With a deeper understanding of ethical principles and the Code of Ethics for Pharmacists, pharmacists may be more prepared to make difficult ethical decisions, and ultimately, guide better patient care.   Type: Idea Paper

  3. “Judge-Only” Justice V. Collaborators: Introduction

    Directory of Open Access Journals (Sweden)

    Maria Cristina Reale

    2011-12-01

    Full Text Available Who and how many are the collaborators of judges? The answer may differ according to the perspective under which Justice is considered. In this introduction, and in the light of the papers submitted in the first session of the workshop, a distinction is proposed between “direct” and “indirect” collaborators of judges, according to the side of Justice observed. If Justice is confined simply to the classical function performed by courts, i.e. deciding cases according to the law, it seems quite obvious to remark that judges never act alone, since they normally benefit from the help of different kinds of assistants who, at different levels, help them in their daily work. But when paying attention to the facet of Justice concerning the concrete enforcement of decision, it becomes inevitable to take into account different categories of subjects involved in the “administration” of justice. Under this second perspective, justice is a matter for everyone: not only judges and prosecutors, but other professionals and bodies, including also Governments and other public institutions, since their decisions concerning, for example, human and material resources assigned to the judicial system have inevitably an impact on Justice considered as a public service. Lastly, the aptitude of the public opinion cannot be ignored: the degree of public satisfaction with the judicial system may influence the demand of justice as well as its material functioning. Accordingly, even common citizens could be seen as a very peculiar sort of “collaborators” of judges.

  4. Incorporating environmental justice into environmental decision making

    Energy Technology Data Exchange (ETDEWEB)

    Wolfe, A.K.; Vogt, D.P.; Hwang, Ho-Ling [Oak Ridge National Lab., TN (United States)] [and others

    1995-07-01

    Executive Order 12898, signed on February 11, 1994, broadly states that federal activities, programs, and policies should not produce disproportionately high and adverse impacts on minority and low-income populations. Moreover, the Order indicates that these populations should not be denied the benefits of, or excluded from participation in, these activities, programs, and policies. Because a presidential memorandum accompanying the order said that National Environmental Policy Act (NEPA) documents should begin to address environmental justice immediately, much attention has been paid to assessment-related issues. Also important, a topic that appears to have received relatively little attention, is how decision makers should be expected to use information about environmental justice in their decision making. This paper discusses issues surrounding the use of environmental justice information in the decision-making process by focusing on the following five main topics: (1) the importance, or weight, attached to environmental justice within larger decision-making contexts; (2) the potential tension between localized environmental justice issues and regional or national issues and needs; (3) the use of environmental justice information to develop (perhaps in concert with affected minority and low-income communities) appropriate mitigation strategies, or to establish conditions under which activities, programs, and policies may be accepted locally; (4) the general implications of shifting the distribution of broadly defined risks, costs, and benefits among different population groups; and (5) the implications of implementing environmental justice on an individual, ad hoc basis rather than within a larger environmental justice framework. This paper raises the issues and discusses the implications of alternative approaches to them.

  5. Environmental justice and healthy communities

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-12-01

    The environmental justice movement has come a long way since its birth a decade ago in rural and mostly African American Warren County, North Carolina. The selection of Warren County for a PCB landfill, they brought national attention to waste facility siting inequities and galvanized African American church and civil rights leaders` support for environmental justice. The demonstrations also put {open_quotes}environmental racism{close_quotes} on the map and challenged the myth that African Americans are not concerned about or involved in environmental issues. Grassroots groups, after decades of struggle, have grown to become the core of the multi-issue, multiracial, and multi-regional environmental justice movement. Diverse community-based groups have begun to organize and link their struggles to issues of civil and human rights, land rights and sovereignty, cultural survival , racial and social justice, and sustainable development. The impetus for getting environmental justice on the nations`s agenda has come from an alliance of grassroots activists, civil rights leaders, and a few academicians who questioned the foundation of the current environmental protection paradigm--where communities of color receive unequal protection. Whether urban ghettos and barrios, rural {open_quotes}poverty pockets,{close_quotes} Native American reservations, or communities in the Third World, grassroots groups are demanding an end to unjust and nonsustainable environmental and development policies.

  6. Privileged Pursuits of Social Justice: Exploring Privileged College Students' Motivation for Engaging in Social Justice

    Science.gov (United States)

    Howard, Adam

    2011-01-01

    The author of this article explores the motivation factors that lead privileged college students to be involved in social justice efforts. The students participating in this study identified multiple reasons for their initial and continued involvement in social justice work, but all students identified three main sources of motivation: responding…

  7. Mãori Customary Law: A Relational Approach to Justice

    Directory of Open Access Journals (Sweden)

    Stephanie Vieille

    2012-03-01

    Full Text Available This research paper examines the philosophy of justice embodied in tikanga Mãori, the Mãori traditional mechanism and approach to doing justice. Based on several months of fieldwork in New Zealand, this study contends that the Mãori approach to justice adopts a holistic and relational lens, which requires that justice be seen in the context of relationships and crimes dealt with in terms of the relationships they have affected. As a result, justice must be carried out within the community and the process owned by community members. Further discussion draws attention to the response of Mãori communities to the New Zealand government’s attempt to accommodate their traditions and warns against the global tendency to render traditional Indigenous approaches to justice ahistorical through their representation as restorative justice mechanisms.

  8. 44 CFR 11.17 - Referral to Department of Justice.

    Science.gov (United States)

    2010-10-01

    ... Justice. 11.17 Section 11.17 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY... Referral to Department of Justice. When Department of Justice approval or consultation is required under § 11.16, the referral or request shall be transmitted to the Department of Justice by the Chief Counsel...

  9. 28 CFR 0.85a - Criminal justice policy coordination.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal justice policy coordination. 0.85a Section 0.85a Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Federal Bureau of Investigation § 0.85a Criminal justice policy coordination. The Federal Bureau...

  10. Experiential Social Justice Judgment Processes

    NARCIS (Netherlands)

    Maas, M.

    2008-01-01

    Social justice can be thought of as an idea that exists within the minds of individuals and that concerns issues like what is right and wrong, what ought to be or not to be, and what is fair or unfair. This subjective quality of the justice judgment process makes it rather unpredictable how people

  11. 5 CFR 177.108 - Referral to Department of Justice.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Referral to Department of Justice. 177... ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.108 Referral to Department of Justice. When Department of Justice approval or consultation is required, or the advice of the Department of Justice is...

  12. 40 CFR 1620.8 - Referral to Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Referral to Department of Justice... ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT § 1620.8 Referral to Department of Justice. When Department of Justice approval or consultation is required, or the advice of the Department of Justice is...

  13. Social welfare and restorative justice

    OpenAIRE

    Fox, Darrell

    2009-01-01

    "This paper explores the links and connections between social work and restorative justice. After a brief description of social work, restorative justice and family group conferencing, I will explore some the complementary theoretical links and practice applications, critically examining the potential implications and opportunities for social work practitioners and academics in relation to practice." [author's abstract

  14. The design of a medical school social justice curriculum.

    Science.gov (United States)

    Coria, Alexandra; McKelvey, T Greg; Charlton, Paul; Woodworth, Michael; Lahey, Timothy

    2013-10-01

    The acquisition of skills to recognize and redress adverse social determinants of disease is an important component of undergraduate medical education. In this article, the authors justify and define "social justice curriculum" and then describe the medical school social justice curriculum designed by the multidisciplinary Social Justice Vertical Integration Group (SJVIG) at the Geisel School of Medicine at Dartmouth. The SJVIG addressed five goals: (1) to define core competencies in social justice education, (2) to identify key topics that a social justice curriculum should cover, (3) to assess social justice curricula at other institutions, (4) to catalog institutionally affiliated community outreach sites at which teaching could be paired with hands-on service work, and (5) to provide examples of the integration of social justice teaching into the core (i.e., basic science) curriculum. The SJVIG felt a social justice curriculum should cover the scope of health disparities, reasons to address health disparities, and means of addressing these disparities. The group recommended competency-based student evaluations and advocated assessing the impact of medical students' social justice work on communities. The group identified the use of class discussion of physicians' obligation to participate in social justice work as an educational tool, and they emphasized the importance of a mandatory, longitudinal, immersive, mentored community outreach practicum. Faculty and administrators are implementing these changes as part of an overall curriculum redesign (2012-2015). A well-designed medical school social justice curriculum should improve student recognition and rectification of adverse social determinants of disease.

  15. Psychometric properties of a four-component Norwegian Organizational Justice Scale.

    Science.gov (United States)

    Olsen, Olav Kjellevold; Myrseth, Helga; Eidhamar, Are; Hystad, Sigurd W

    2012-04-01

    Organizational justice has attracted attention as a predictor of employees' mental and physical health as well as commitment and work outcomes. The lack of a Norwegian translation of an organizational justice scale has precluded its use in Norway. Four dimensions of the organizational justice construct were examined in a Norwegian military context, including facet measures of distributional, interpersonal, and informational justice developed by Colquitt in 2001, in addition to procedural justice developed by Moorman in 1991. Confirmatory factor analyses supported a four-dimensional structure with good internal consistency. Follow-up analyses have suggested that the four dimensions were nested beneath a general, latent organizational justice factor. A positive relationship between organizational justice and self-sacrificial behavior was found, indicating satisfactory construct validity. The results demonstrate that the Norwegian Organizational Justice Scale is a reliable and construct-valid measure of organizational justice in a Norwegian setting.

  16. 24 CFR 17.9 - Referral to Department of Justice.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Referral to Department of Justice... Procedures § 17.9 Referral to Department of Justice. When Department of Justice approval or consultation is required under § 17.8, the referral or request shall be transmitted to the Department of Justice by the...

  17. Shame and Guilt in Restorative Justice

    DEFF Research Database (Denmark)

    Rodogno, Raffaele

    2008-01-01

    In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More...... in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and the relevant parts of the empirical psychology of shame and guilt, I argue that restorative justice...

  18. The transnational ne bis in idem principle in the EU. Mutual recognition and equivalent protection of human rights

    Directory of Open Access Journals (Sweden)

    John A.E. Vervaele

    2005-12-01

    Full Text Available The deepening and widening of European integration has led to an increase in transborder crime. Concurrent prosecution and sanctioning by several Member States is not only a problem in inter-state relations and an obstacle in the European integration process, but also a violation of the ne bis in idem principle, defined as a transnational human right in a common judicial area. This article analyzes whether and to what extent the ECHR has contributed and may continue to contribute to the development of such a common ne bis in idem standard in Europe. It is also examined whether the application of the ne bis in idem principle in classic inter-state judicial cooperation in criminal matters in the framework of the Council of Europe may make such a contribution as well. The transnational function of the ne bis in idem principle is discussed in the light of the Court of Justice’s case law on ne bis in idem in the framework of the area of Freedom, Security and Justice. Finally the inherent tension between mutual recognition and the protection of human rights in transnational justice is analyzed by looking at the insertion of the ne bis in idem principle in the Framework Decision on the European arrest warrant.

  19. Applying bioethical principles to human biomonitoring

    Directory of Open Access Journals (Sweden)

    Harrison Myron

    2008-01-01

    Full Text Available Abstract Bioethical principles are widely used as a normative framework in areas of human research and medical care. In recent years there has been increasing formalization of their use in public health decisions. The "traditional bioethical principles" are applied in this discussion to the important issue human biomonitoring for environmental exposures. They are: (1 Autonomy – Also known as the "respect for humans" principle, people understand their own best interests; (2 Beneficence – "do good" for people; (3 Nonmaleficence – "do no harm"; (4 Justice – fair distribution of benefits and costs (including risks to health across stakeholders. Some of the points made are: (1 There is not a single generic bioethical analysis applicable to the use of human biomonitoring data, each specific use requires a separate deliberation; (2 Using unidentified, population-based biomonitoring information for risk assessment or population surveillance raises fewer bioethical concerns than personally identified biomonitoring information such as employed in health screening; (3 Companies should proactively apply normative bioethical principles when considering the disposition of products and by-products in the environment and humans; (4 There is a need for more engagement by scholars on the bioethical issues raised by the use of biomarkers of exposure; (5 Though our scientific knowledge of biology will continue to increase, there will always be a role for methods or frameworks to resolve substantive disagreements in the meaning of this data that are matters of belief rather than knowledge.

  20. Applying bioethical principles to human biomonitoring

    Directory of Open Access Journals (Sweden)

    Harrison Myron

    2008-06-01

    Full Text Available Abstract Bioethical principles are widely used as a normative framework in areas of human research and medical care. In recent years there has been increasing formalization of their use in public health decisions. The "traditional bioethical principles" are applied in this discussion to the important issue human biomonitoring for environmental exposures. They are: (1 Autonomy – Also known as the "respect for humans" principle, people understand their own best interests; (2 Beneficence – "do good" for people; (3 Nonmaleficence – "do no harm"; (4 Justice – fair distribution of benefits and costs (including risks to health across stakeholders. Some of the points made are: (1 There is not a single generic bioethical analysis applicable to the use of human biomonitoring data, each specific use requires a separate deliberation; (2 Using unidentified, population-based biomonitoring information for risk assessment or population surveillance raises fewer bioethical concerns than personally identified biomonitoring information such as employed in health screening; (3 Companies should proactively apply normative bioethical principles when considering the disposition of products and by-products in the environment and humans; (4 There is a need for more engagement by scholars on the bioethical issues raised by the use of biomarkers of exposure; (5 Though our scientific knowledge of biology will continue to increase, there will always be a role for methods or frameworks to resolve substantive disagreements in the meaning of this data that are matters of belief rather than knowledge.

  1. The Ethics of Teaching for Social Justice: A Framework for Exploring the Intellectual and Moral Virtues of Social Justice Educators

    Science.gov (United States)

    Taylor, Rebecca M.

    2015-01-01

    Pursuing social justice in education raises ethical questions about teaching practice that have not been fully addressed in the social justice literature. Hytten (2015) initiated a valuable way forward in developing an ethics of social justice educators, drawing on virtue ethics. In this paper, I provide additional support to this effort by…

  2. 10 CFR 1014.7 - Referral to Department of Justice.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Referral to Department of Justice. 1014.7 Section 1014.7... § 1014.7 Referral to Department of Justice. (a) When Department of Justice approval or consultation is required under § 1014.6, the referral or request shall be transmitted to the Department of Justice by the...

  3. 34 CFR 21.1 - Equal Access to Justice Act.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Equal Access to Justice Act. 21.1 Section 21.1 Education Office of the Secretary, Department of Education EQUAL ACCESS TO JUSTICE General § 21.1 Equal Access to Justice Act. (a) The Equal Access to Justice Act (the Act) provides for the award of fees and...

  4. Rehabilitation and older people.

    OpenAIRE

    Young, J.

    1996-01-01

    Rehabilitation is concerned with lessening the impact of disabling conditions. These are particularly common in older people and considerable health gain can be achieved by successful rehabilitation. Hospital doctors and general practitioners should be aware of the core principles of rehabilitation, be able to recognise rehabilitation need in their patients, and have sufficient knowledge of their local rehabilitation services to trigger the referral process.

  5. Older adults in jail: high rates and early onset of geriatric conditions.

    Science.gov (United States)

    Greene, Meredith; Ahalt, Cyrus; Stijacic-Cenzer, Irena; Metzger, Lia; Williams, Brie

    2018-02-17

    The number of older adults in the criminal justice system is rapidly increasing. While this population is thought to experience an early onset of aging-related health conditions ("accelerated aging"), studies have not directly compared rates of geriatric conditions in this population to those found in the general population. The aims of this study were to compare the burden of geriatric conditions among older adults in jail to rates found in an age-matched nationally representative sample of community dwelling older adults. This cross sectional study compared 238 older jail inmates age 55 or older to 6871 older adults in the national Health and Retirement Study (HRS). We used an age-adjusted analysis, accounting for the difference in age distributions between the two groups, to compare sociodemographics, chronic conditions, and geriatric conditions (functional, sensory, and mobility impairment). A second age-adjusted analysis compared those in jail to HRS participants in the lowest quintile of wealth. All geriatric conditions were significantly more common in jail-based participants than in HRS participants overall and HRS participants in the lowest quintile of net worth. Jail-based participants (average age of 59) experienced four out of six geriatric conditions at rates similar to those found in HRS participants age 75 or older. Geriatric conditions are prevalent in older adults in jail at significantly younger ages than non-incarcerated older adults suggesting that geriatric assessment and geriatric-focused care are needed for older adults cycling through jail in their 50s and that correctional clinicians require knowledge about geriatric assessment and care.

  6. Social Justice, Research, and Adolescence.

    Science.gov (United States)

    Russell, Stephen T

    2016-03-01

    In what ways might research on adolescence contribute to social justice? My 2014 Presidential Address identified strategies for social justice in our field. First, we need research that is conscious of biases, power, and privilege in science, as well as in our roles as scholars. Second, we need research that attends to inequities in lives of adolescents, and as scholars we need to question the ways that our research may unwittingly reinforce those inequalities. Third, we need research that attends to urgencies, that is, issues or conditions that influence adolescents' well-being which demand attention and action. I draw from a range of concepts and theoretical perspectives to make the case for a framework of social justice in research on adolescence.

  7. Organizational Justice and Employee Satisfaction in Performance Appraisal

    Science.gov (United States)

    Palaiologos, Anastasios; Papazekos, Panagiotis; Panayotopoulou, Leda

    2011-01-01

    Purpose: This paper aims to explore the performance appraisal (PA) aspects that are connected with organizational justice, and more specifically three kinds of justice, namely distributive, procedural and interactional justice. Design/methodology/approach: The research is based on a sample of 170 respondents who answered a questionnaire giving…

  8. The Productivity of Criminology and Criminal Justice Faculty.

    Science.gov (United States)

    DeZee, Matthew R.

    The scholarly productivity of criminology and criminal justice faculty and programs was investigated. The methodologies that were used to rate journals that publish articles in the criminology/criminal justice field and to select 71 schools with graduate programs in criminology or criminal justice are described. Primary interest focused on…

  9. 76 FR 62434 - HUD Draft Environmental Justice Strategy

    Science.gov (United States)

    2011-10-07

    ... Justice Strategy AGENCY: Office of the Sustainable Housing and Communities, HUD. ACTION: Notice. SUMMARY: Through this notice, HUD announces the release of its draft Environmental Justice Strategy for review and... federal agency, with the law as its guide, should make environmental justice part of its mission. In this...

  10. The principle of empowerment in the European Union

    Directory of Open Access Journals (Sweden)

    Ioana Nelly MILITARU

    2011-12-01

    Full Text Available Delimitation of competences in the EU is governed by the principle of conferral. Based on the content of these provisions work in the first three parts of it, defining and classifying skills appropriate attribution Treaties underlying the European Union (Treaty on European Union and the Treaty on the Functioning of the European Union and the Court of Justice. The next three parts of the paper detailing each classification in hand, highlighting, clear delineation of the Union competences of the Member States carried out by the Lisbon Treaty and the amendments made by this treaty.

  11. From conditions of equality to demands of justice

    DEFF Research Database (Denmark)

    Hartz, Emily; Nielsen, Carsten Fogh

    2015-01-01

    Equal freedom is the common starting point for most contractual theories of justice from Hobbes and Rousseau to Rawls. But while equal freedom defines a common starting point for these theories, this does not result in a general consensus on the conception of justice. On the contrary, different...... ways of conceptualizing the contractual starting point leads to different conceptions of the demands of justice. To fully understand the relationship between equal freedom and justice we therefore first need to explicate how and why the initial condition of equality is transformed into demands...... of justice. In this paper we discuss how this transformation takes place in the theories of Hobbes, Rousseau and Rawls, with particular emphasis on the vexed relationship between motivation and justification....

  12. Water Justice

    NARCIS (Netherlands)

    Boelens, R.A.; Perreault, T.; Vos, J.M.C.

    2018-01-01

    Water justice is becoming an ever-more pressing issue in times of increasing water-based inequalities and discrimination. Megacities, mining, forestry, industry and agribusiness claim an increasingly large share of available surface and groundwater reserves. Water grabbing and pollution generate

  13. Teacher Activism: Enacting a Vision for Social Justice

    Science.gov (United States)

    Picower, Bree

    2012-01-01

    This qualitative study focused on educators who participated in grassroots social justice groups to explore the role teacher activism can play in the struggle for educational justice. Findings show teacher activists made three overarching commitments: to reconcile their vision for justice with the realities of injustice around them; to work within…

  14. In Pursuit of Educational Justice and Liberated Hearts

    Science.gov (United States)

    Mirci, Philip S.

    2008-01-01

    This article contributes to a discussion about educational leadership programs related to social justice and diversity. It focuses on the development of social justice leaders through a doctoral program that culminates in a Doctorate in Educational Justice. The program's design is intended to empower graduates to act with hearts liberated through…

  15. Court-based participatory research: collaborating with the justice system to enhance sexual health services for vulnerable women in the United States.

    Science.gov (United States)

    Roth, Alexis; Fortenberry, J Dennis; Van Der Pol, Barbara; Rosenberger, Joshua; Dodge, Brian; Arno, Janet; Waters, Janine; Certo, David; Reece, Michael

    2012-11-01

    Although jail screening programs have an important role in the diagnosis and treatment of sexually transmissible infections (STI) and HIV among incarcerated individuals, many arrestees are not screened before release. Justice-involved women are at particularly high risk for these conditions because of individual risk behaviour as well as other network-level risk factors. Court-based programs could provide a critical bridge between these women, STI risk counselling and health services. This formative study explored the features of a program that would encourage STI testing among court-involved women. Further, we describe how community-based participatory research principles were adapted for use in a court setting and the resulting justice-public health partnership. Using semistructured interviews and focus group discussions, we explored issues related to health-seeking behaviours, perceived gaps in services for high-risk women and the components of a court-based screening program. Six focus groups were conducted with women with a history of commercial sex work and staff from the court, as well as local organisations providing HIV and social support services for high-risk women. Community-based participatory research (CBPR) principles facilitated development of relevant research questions and equitable processes, and assisted partners to consider individual and sociostructural sources of health disparities. Although not every principle was applicable in a court setting, the CBPR framework was helpful for building cohesion and support for the project. We provide a description of how CBPR principles were operationalised, describe the key lessons learned and discuss the implications for CBPR projects in a community court.

  16. 32 CFR 989.33 - Environmental justice.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Environmental justice. 989.33 Section 989.33 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE ENVIRONMENTAL PROTECTION ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP) § 989.33 Environmental justice. During the preparation of...

  17. Religious Education towards Justice: What Kind of Justice Is to Be Taught in a Christian Context?

    Directory of Open Access Journals (Sweden)

    Monika Bobbert

    2017-02-01

    Full Text Available Education is a human right. It prepares human beings for life, helps to develop individual abilities and opens up social opportunities—e.g., earning one’s own living. Religion interprets our human existence in connection to a transcendental dimension. Religion can also influence moral values and behavior. The Christian religion established a basis for social life, and thus deals with religious and moral justice. As the Christian faith is understood as the identity of the qualities of love of God, of your neighbor and even of your enemy, it has to look for justice in the world. Modern Christian ethics does unfold interpersonal and global justice for all people and tries to give good reasons for moral claims. Religious education in a Christian context has to answer the question of what kind of justice is to be taught and by what means justice, as a goal of education, can be reached within such a setting. This article will unfold, from an ethical point of view, what kind of knowledge and competence teachers must have and what kind of goals can be followed with regard to their pupils or students. The results of this reflection imply certain pedagogical methods and means and exclude others—although it is not possible to go more deeply into a pedagogical discussion.

  18. Organizational justice and health: Contextual determinants and psychobiological consequences

    NARCIS (Netherlands)

    Herr, R.M.

    2015-01-01

    The research presented in this thesis entitled "Organizational Justice and Health: Contextual Determinants and Psychobiological Consequences" aimed to investigate associations between organizational justice and employee health and biological functioning. Organizational justice is an occupational

  19. Informal Justice Systems: Charting a Course for Human Rights-Based Engagement

    DEFF Research Database (Denmark)

    Kerrigan, Fergus; McKay, Anne Louise; Kristiansen, Annali

    engagement with informal justice systems can build greater respect and protection for human rights. It highlights the considerations that development partners should have when assessing whether to implement programmes involving informal justice systems, the primary consideration being that engagement......Providing accessible justice is a state obligation under international human rights standards, but this obligation does not require that all justice be provided through formal justice systems. If done in ways to respect and uphold human rights, the provision of justice through informal justice...... systems is not against human rights standards and can be a mechanism to enhance the fulfilment of human rights obligations by delivering accessible justice to individuals and communities where the formal justice system does not have the capacity or geographical reach. This study seeks to identify how...

  20. Editors' Introduction: Justice, Rights, Literature

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2014-12-01

    Full Text Available The articles gathered in this issue are the result of papers presented at the workshop held at the Oñati International Institute for the Sociology of Law on 20-21 May 2013 on Perspectives of Justice in Literature: Perspectives from Justice and Fundamental Rights in Literature: an Approach from Legal Culture in a European context. Literature and literary fiction can act as a thread that helps different disciplines to communicate with each other and can thus help go beyond the strictly legal field opening up to questions of justice and rights. These papers deal with issues of justice - mainly Fundamental Rights, but also procedural aspects of justice and its administration, philosophical perspectives of justice - and of legal culture - local, European, Universal - as reflected through and by literature. Los artículos que conforman este número son el resultado de las ponencias presentadas en el workshop celebrado en el Instituto Internacional de Sociología Jurídica de Oñati el 20 y 21 mayo de 2013 sobre las perspectivas de la justicia en la literatura: Perspectivas desde la Justicia y los Derechos Fundamentales en la Literatura: un Enfoque de Cultura Jurídica en el Contexto Europeo. La literatura y la ficción literaria pueden ser un hilo que favorece que diferentes disciplinas se comuniquen entre sí y pueden de esta forma ayudar a ir más allá del campo jurídico estricto, planteando cuestiones sobre justicia y derechos. Estos artículos tratan sobre aspectos de la justicia (principalmente derechos fundamentales, pero también sobre procedimiento judicial y administración de la justicia, perspectivas filosóficas de la justicia y de cultura jurídica (local, europea, universal, de la forma en la que se han reflejado en la literatura.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2543450

  1. Ethical principles of informed consent: exploring nurses' dual role of care provider and researcher.

    Science.gov (United States)

    Judkins-Cohn, Tanya M; Kielwasser-Withrow, Kiersten; Owen, Melissa; Ward, Jessica

    2014-01-01

    This article describes the ethical principles of autonomy, beneficence, and justice within the nurse researcher-participant relationship as these principles relate to the informed consent process for research. Within this process, the nurse is confronted with a dual role. This article describes how nurses, who are in the dual role of care provider and researcher, can apply these ethical principles to their practice in conjunction with the American Nurses Association's code of ethics for nurses. This article also describes, as an element of ethical practice, the importance of using participant-centered quality measures to aid informed decision making of participants in research. In addition, the article provides strategies for improving the informed consent process in nursing research. Finally, case scenarios are discussed, along with the application of ethical principles within the awareness of the dual role of the nurse as care provider and researcher. Copyright 2014, SLACK Incorporated.

  2. Restorative Justice as Strength-Based Accountability

    Science.gov (United States)

    Ball, Robert

    2003-01-01

    This article compares strength-based and restorative justice philosophies for young people and their families. Restorative justice provides ways to respond to crime and harm that establish accountability while seeking to reconcile members of a community. Restorative approaches are an important subset of strength-based interventions.

  3. Values and religiosity as predictors of engagement in social justice.

    Science.gov (United States)

    Torres-Harding, Susan R; Carollo, Olivia; Schamberger, Antú; Clifton-Soderstrom, Karl

    2013-01-01

    Some researchers have suggested that values, including religious values and motivations, might facilitate social justice work. Individuals might view social justice work as an expression of religious beliefs, values, and practices, or as an expression of their personal morals and values. The current study examined the role of religious variables and secular values to predict attitudes, intentions to engage in social justice, perceived norms around social justice, and perceived ability to engage in social justice within a culturally and religiously diverse student population. Implications of the study results for social justice education are presented and discussed.

  4. The interface between the Mediation and Restorative Justice

    Directory of Open Access Journals (Sweden)

    Gustavo Rabay Guerra

    2016-06-01

    Full Text Available The present work starts stating the failure of the dominant paradigm of the penal system, retributive model, pointing to the emergence of restorative justice as a new paradigm of criminal justice, from the change in focus about the offender and in the rescue of victim’s role of conflict situations in the criminal orbit. In this sense, from the employment of mediation as restorative practice and identification of theoretical disagreements about the relationship between restorative justice and mediation, this article has the intention to investigate the existing interface between mediation and restorative justice in Brazil. Therefore, we start from the assumption that mediation and restorative justice are institutes with different origins and trajectories that at some moments have common destinations, presenting an intersection relationship when mediation is used in criminal matters as restorative practice. Thus, the research has as main aim to analyze similarities and differences between mediation and restorative justice in the Brazilian practice. From this perspective, we intend to make use of a comparative approach in the analysis of the institutes, to identify their origins and trajectories

  5. Green justice in the city

    DEFF Research Database (Denmark)

    Rutt, Rebecca Leigh; Gulsrud, Natalie Marie

    2016-01-01

    tIn this short communication, we discuss European urban green space (UGS) research from an environ-mental justice perspective. We show that European UGS scholarship primarily focuses on functionalvalues and managerial aspects of UGS, while paying less attention to equity in the enjoyment of andde...... of anddecision-making around UGS. On this basis we discuss potentials for European urban green space researchto take up a more explicit environmental justice framing to shed much-needed light on injustices inEuropean cities and inspire change in policy and practice.......tIn this short communication, we discuss European urban green space (UGS) research from an environ-mental justice perspective. We show that European UGS scholarship primarily focuses on functionalvalues and managerial aspects of UGS, while paying less attention to equity in the enjoyment...

  6. Human rights in childbirth, narratives and restorative justice: a review.

    Science.gov (United States)

    Lokugamage, A U; Pathberiya, S D C

    2017-02-02

    This review describes the emerging global debate on the role of human rights childbirth. It is also tailored to a UK perspective in view of the Montgomery v. Lanarkshire [2015] legal ruling and it implications to practice. We can never underestimate the power of humane care on health. The compassion and evidence based medicine agenda in healthcare is interconnected with human rights in healthcare, feeding into the principles of decision making and patient centred care. When this has not happened and there is been healthcare conflict, the power of storytelling serves to connect disparate parties to their common humanity. Narratives are an important aspect of restorative justice processes and we suggest that this could be beneficial in the field of human rights in childbirth.

  7. 75 FR 70293 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2010-11-17

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1532] Meeting of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Justice. ACTION: Notice of Meeting. SUMMARY: The Office of Juvenile...

  8. Reflexivity and social justice

    DEFF Research Database (Denmark)

    Maksimovic, Tijana; Jakobsen, Helle Nordentoft

    2017-01-01

    Career practitioners’ reflexive understanding of their professional role as change agents in career guidance and counselling practices has a major impact on how social justice can be achieved. This entitles an awareness of the way in which guidance and counselling practices are embedded in the co......Career practitioners’ reflexive understanding of their professional role as change agents in career guidance and counselling practices has a major impact on how social justice can be achieved. This entitles an awareness of the way in which guidance and counselling practices are embedded...

  9. (Injustice contexts and work satisfaction: The mediating role of justice perceptions

    Directory of Open Access Journals (Sweden)

    Zhou, Q.

    2012-01-01

    Full Text Available This study explores the impact of the social context, namely (injustice climate and target, in workers' justice perceptions and satisfaction. Individual's justice judgments are expected to mediate the relationship of (injustice climate and target with work satisfaction. We found mediation effects of procedural justice in the relationship between justice climate and satisfaction, and interactional justice in the relationship between injustice target and satisfaction. Distributive justice does not affect the relationship between the (injustice context and satisfaction. Findings demonstrate the relevance of framing organizational justice in a socially contextualized perspective since they seem to influence individual justice reactions and work attitudes. Using an experimental methodology, it was possible to explore the role of seldom studied contextual variables.

  10. Environmental Justice Is a Social Justice Issue: Incorporating Environmental Justice into Social Work Practice Curricula

    Science.gov (United States)

    Beltrán, Ramona; Hacker, Alice; Begun, Stephanie

    2016-01-01

    Social justice education for social work practice is concerned with addressing issues of power and oppression as they impact intersections of identity, experience, and the social environment. However, little focus is directed toward the physical and natural environment despite overwhelming evidence that traditionally marginalized groups bear the…

  11. Social Justice, Disability, and Rehabilitation Education

    Science.gov (United States)

    Kelsey, Daniel; Smart, Julie F.

    2012-01-01

    The academic field and the professional practice of rehabilitation counseling focuses on one aspect of social justice, assisting individuals with disabilities to attain full community inclusion. Nonetheless, social justice focuses on many marginalized groups and in the related fields of counseling and psychology, those with disabilities are rarely…

  12. 76 FR 53965 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2011-08-30

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1556] Meeting of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U. S. Department of Justice. ACTION: Notice of meeting. SUMMARY: The...

  13. 77 FR 61641 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2012-10-10

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1608] Meeting of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. ACTION: Notice of meeting. SUMMARY: The...

  14. Climate Change, Human Rights, and Social Justice.

    Science.gov (United States)

    Levy, Barry S; Patz, Jonathan A

    2015-01-01

    The environmental and health consequences of climate change, which disproportionately affect low-income countries and poor people in high-income countries, profoundly affect human rights and social justice. Environmental consequences include increased temperature, excess precipitation in some areas and droughts in others, extreme weather events, and increased sea level. These consequences adversely affect agricultural production, access to safe water, and worker productivity, and, by inundating land or making land uninhabitable and uncultivatable, will force many people to become environmental refugees. Adverse health effects caused by climate change include heat-related disorders, vector-borne diseases, foodborne and waterborne diseases, respiratory and allergic disorders, malnutrition, collective violence, and mental health problems. These environmental and health consequences threaten civil and political rights and economic, social, and cultural rights, including rights to life, access to safe food and water, health, security, shelter, and culture. On a national or local level, those people who are most vulnerable to the adverse environmental and health consequences of climate change include poor people, members of minority groups, women, children, older people, people with chronic diseases and disabilities, those residing in areas with a high prevalence of climate-related diseases, and workers exposed to extreme heat or increased weather variability. On a global level, there is much inequity, with low-income countries, which produce the least greenhouse gases (GHGs), being more adversely affected by climate change than high-income countries, which produce substantially higher amounts of GHGs yet are less immediately affected. In addition, low-income countries have far less capability to adapt to climate change than high-income countries. Adaptation and mitigation measures to address climate change needed to protect human society must also be planned to protect

  15. Distributive Justice and Free Market Economics: A Eudaimonistic Perspective

    Directory of Open Access Journals (Sweden)

    Michael F. Reber

    2010-11-01

    Full Text Available In today’s society, a peculiar understanding of distributive justice has developed which holds that “social justice must be distributed by the coercive force of government.” However, this is a perversion of the ideal of distributive justice. The perspective of distributive justice which should be considered is one with its roots in the school of thought referred to as self-actualization ethics or eudaimonism, which holds that each person is unique and each should discover whom he or she is—to actualize his or her true potential and to live the “good life” within the congeniality and complementarity of personal excellences of his or her fellow members of community. When a eudaimonistic perspective is considered, a definition of distributive of justice could be “the allocation of goods and utilities via the voluntary ubiquitous human interaction of self-actualizing individuals who not only recognize the human dignity of the self and other and the rights which flow from and guarantee it, but also actively will goods and utilities toward the self and other so as to manifest human dignity.” Therefore, with a eudaimonistic understanding of distributive justice, one can argue that the free market is the ubiquitous interactions of self-actualizing individuals who are giving and receiving goods and utilities for one and another’s own “happiness,” i.e. the free market is the socio-economic mechanism by which distributive justice operates. In this paper I first will overview the philosophical foundations of distributive justice. Next, I will propose a eudaimonistic definition of distributive justice. Finally, I will highlight examples of distributive justice operating in a free market economy.

  16. Social justice and religious participation: a qualitative investigation of Christian perspectives.

    Science.gov (United States)

    Todd, Nathan R; Rufa, Anne K

    2013-06-01

    This investigation examines how self-identified Christians in the Midwest U.S. understand and work for social justice, with a focus on their process of social justice development and the role of religious congregations in promoting social justice. Using a grounded theory analysis of 15 in-depth interviews, results indicated multiple understandings of social justice such as meeting basic needs, fixing social structures and systems to create equal distributions of resources, promoting human rights and dignity, and as a religious responsibility. Participants also described a process of social justice development facilitated by exposure to injustice, mentors, educating others, and the importance of finding a social justice community. Distinct personal barriers to social justice engagement were identified such as resources and negative emotions, whereas congregational leadership was important for congregational involvement. General frustration with congregations was expressed regarding low social justice engagement; however, participants balanced this frustration with hope for the positive potential of congregations to promote social justice. Together these findings show multifaceted understandings of social justice and a dynamic process of social justice development for these self-identified Christians. Implications for future research and partnership with religious individuals and congregations also are discussed.

  17. ADMINISTRATIVE JUSTICE IN FRANCE. BETWEEN SINGULARITY AND CLASSICISM

    Directory of Open Access Journals (Sweden)

    H. Flavier

    2016-01-01

    Full Text Available The administrative justice in France oscillates between classicism and singularity. Multiple factors explain how administrative justice has come to occupy a particular place in French administrative law. Administrative justice has not only settled disputes between administration and private persons, but as well, built the French administrative law. One of the main tasks during 19th and 20th century consisted in strengthen the independence from the executive branch and the efficiency in order to satisfy the idea of good justice. Many reforms have been led since the 1990’s. That is why we propose to depict the French system and evaluate the activity of French administrative justice concerning the judicial organization, its jurisdiction and the remedies before the administrative judge. We will enlighten also our paper with a comparative approach and some statistical elements.

  18. 22 CFR 213.37 - Referrals to the Department of Justice.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Referrals to the Department of Justice. 213.37... Department of Justice § 213.37 Referrals to the Department of Justice. (a) The CFO, through the FMS cross... of Justice's Nationwide Central Intake Facility as required by the Claims Collection Litigation...

  19. The first year of implementation of the Child Justice Act

    African Journals Online (AJOL)

    The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and Constitutional Development. On 1 April 2011 a year had passed since the implementation of the Child ...

  20. Extending the multifoci perspective: The role of supervisor justice and moral identity in the relationship between customer justice and customer-directed sabotage.

    Science.gov (United States)

    Skarlicki, Daniel P; van Jaarsveld, Danielle D; Shao, Ruodan; Song, Young Ho; Wang, Mo

    2016-01-01

    The multifoci perspective of justice proposes that individuals tend to target their (in)justice reactions toward the perceived source of the mistreatment. Empirical support for target-specific reactions, however, has been mixed. To explore theoretically relevant reasons for these discrepant results and address unanswered questions in the multifoci justice literature, the present research examines how different justice sources might interactively predict target-specific reactions, and whether these effects occur as a function of moral identity. Results from a sample of North American frontline service employees (N = 314, Study 1) showed that among employees with lower levels of moral identity, low supervisor justice exacerbated the association between low customer justice and customer-directed sabotage, whereas this exacerbation effect was not observed among employees with higher levels of moral identity. This 3-way interaction effect was replicated in a sample of South Korean employees (N = 265, Study 2). (c) 2016 APA, all rights reserved).

  1. Pain management in older adults.

    Science.gov (United States)

    Tracy, Bridget; Sean Morrison, R

    2013-11-01

    Chronic pain is prevalent among older adults but is underrecognized and undertreated. The approach to pain assessment and management in older adults requires an understanding of the physiology of aging, validated assessment tools, and common pain presentations among older adults. To identify the overall principles of pain management in older adults with a specific focus on common painful conditions and approaches to pharmacologic treatment. We searched PubMed for common pain presentations in older adults with heart failure, end-stage renal disease, dementia, frailty, and cancer. We also reviewed guidelines for pain management. Our review encompassed 2 guidelines, 10 original studies, and 22 review articles published from 2000 to the present. This review does not discuss nonpharmacologic treatments of pain. Clinical guidelines support the use of opioids in persistent nonmalignant pain. Opioids should be used in patients with moderate or severe pain or pain not otherwise controlled but with careful attention to potential toxic effects and half-life. In addition, clinical practice guidelines recommend use of oral nonsteroidal anti-inflammatory drugs with extreme caution and for defined, limited periods. An understanding of the basics of pain pathophysiology, assessment, pharmacologic management, and a familiarity with common pain presentations will allow clinicians to effectively manage pain for older adults. © 2013 Elsevier HS Journals, Inc. All rights reserved.

  2. Organisational justice and employee perceptions on hospital management.

    Science.gov (United States)

    Wiili-Peltola, Erja; Kivimäki, Mika; Elovainio, Marko; Virtanen, Marianna

    2007-01-01

    The purpose to clarify what kind of managerial challenges employees experience regarding organisational justice in hospitals. This exploratory study of 8,971 employees working in 14 hospitals and examines the concept of organisational justice in management with qualitative and quantitative methods. An inductive content analysis of the comments revealed five integrative frames describing challenges in hospital management at respondents' workplaces. These frames should be regarded as major managerial challenges in hospitals. These findings illustrate important antecedents of organisational justice and suggest that work units tend to share the same perceptions of justice. They also reveal that individually produced comments reflect collective experiences in organisational justice. Further, the results indicate that problems in management and policies are often experienced in a complex way, and people making justice judgements do not separate procedural and interactional factors. Although the commentators producing qualitative data represented many organisational hierarchy levels, the results should not be generalised to apply to horizontal, informal social relationships. This paper gives useful information regarding challenges in human resources management in hospitals. The paper suggests that people making fairness judgements do not make a distinction between procedural and interpersonal factors. Instead, they use any information available to judge the righteousness of the management events. This paper serves to guide hospital managers towards a better understanding of the importance of organisational justice and its collective nature.

  3. CIVIL JUSTICE IN SOUTH AFRICA

    Directory of Open Access Journals (Sweden)

    D. Van Loggerenberg

    2016-01-01

    Full Text Available The South African adversarial system of civil procedure in the High Court owes its origin to that of England. As with all civil procedural systems, the South African system is not stagnant. Its primary sources, namely Acts of Parliament and rules of court, are constantly amended in an attempt to meet the changing needs of society. Court delay and costinefficient procedural mechanisms, however, contribute to public dismay. The High Court, in the exercise of its inherent power to regulate its process, do so with the purpose of enhancing access to justice. The advantage of the system lies in the fact that it is not cast in stone but could, subject to the Constitution of the Republic of South Africa, 1996, be developed to make it more accessible to the public whilst protecting the public’s fundamental rights entrenched in the Constitution and, in this regard, particularly the right to afair trial embedded in sec. 34 of the Constitution. This contribution gives an overview of the system with reference to the court structure, the judiciary, the process in the High Court and its underlying principles, appeals, class actions and alternative civil dispute resolution mechanisms.

  4. Justice: A Problem for Military Ethics during Irregular War

    Science.gov (United States)

    2008-05-22

    101 See Hans Kelsen , What is Justice? Justice, Law, and Politics in the Mirror of Science...Publishing Company, 1983. Keegan, John, ed. Atlas of the Second World War. New York: Harper and Row, Publishers, 1989. Kelsen , Hans. What is Justice

  5. PERUSAHAAN TIDAK ADIL KEPADA SAYA! : GAMBARAN PERCEIVED JUSTICE PADA SITUASI PERUBAHAN

    Directory of Open Access Journals (Sweden)

    Vera Elisabeth

    2017-06-01

    Full Text Available Employees perceive the fairness of organization’s systems and procedure is called perceived justice. Some studies indicated that perceived justice affects many organizational attitudes and behaviors, such as job satisfaction, absenteeism, counterproductive behavior, and turnover. Therefore, organization needs to give attention on employees’ perceived justice. This study was taken in PT. EFG, where its employees have been complaining about  many changes happened. This study was conducted with mixed method approach. Quantiative data was collected through 114 online questionnaires. The questionnaire measures three dimensions which are distributive justice, procedural justice, and interactional justice. Qualitative data was collected through interview to five participants with high and low intensity of perceived justice. The findings show that supervisor play an important role in  determining other employees’ procedural and interactional justice. Other factors such as characteristics, previous experiences, perception about change and coworkers also affect employees’ perceived justice

  6. JUSTICE IN THE WORKPLACE: THE INFLUENCE OF PROCEDURAL,DISTRIBUTIVE AND INTERACTIONAL JUSTICE ONORGANISATIONAL CITIZENSHIP BEHAVIOUR AMONGEMPLOYEES IN THE POLICE SERVICE

    Directory of Open Access Journals (Sweden)

    H.J. van Vuuren

    2016-01-01

    Full Text Available Organisational justice has received a fair amount of attention in businessenvironments. The study investigated employees’ perceptions of organisationaljustice and their effects on organisational citizenship behaviour at the SAPSAcademy, Paarl, South Africa. Using a quantitative research paradigm and anexploratory research method, 226 employees were sampledthrough a structuredquestionnaire. Systematic sampling wasused to ensure that the sample accuratelyreflected the larger population (N=457.Thecorrelation analysis revealed that allthree dimensions of organisational justice are related significantly and positivelyto organisational citizenship behaviour.Through regression analysisorganisational justice showed a strong predictive relationship with organisationalcitizenship behaviour. The study demonstrated that employeesshow a greaterpropensityto engage in organisational citizenship behaviour when they are able toform positiveperceptions of procedural, distributive and interactional justice. Thestudy established that there are major differences between the expectations ofemployees and managerial actions, which suggest that there are differentareas toexplore and different types of activities to undertake in order to successfullyenhance employees’ perceptions of organisational justice and reinforceorganisational citizenship behaviourin the academy.

  7. COLLABORATIVE POLICY-MAKING, LAW STUDENTS, AND ACCESS TO JUSTICE: THE REWARDS OF DESTABILIZING INSTITUTIONAL PATTERNS

    Directory of Open Access Journals (Sweden)

    Brea Lowenberger

    2017-12-01

    Full Text Available Heightened concerns and dialogue about access to justice have infused the law school setting in Saskatchewan and, to varying degrees, across the country. If there ever were a time to approach social justice reform differently – to upset traditional parameters around decision making and step around older hierarchies for input and design – it would be now. This article describes the Dean’s Forum on Dispute Resolution and Access to Justice (colloquially known as the Dean’s Forum as a platform for genuine student engagement in the development of public policy in this important area. We offer our combined reflections, gathered inside our “teaching team,” about the unique pedagogical features of our experiment and its challenges. As we continue to grow with the project, we offer this Saskatchewan story as one example of institutional collaboration in a quickly evolving educational and social policy landscape.   L’accès à la justice est une préoccupation croissante et un thème de plus en plus récurrent dans les facultés de droit de la Saskatchewan et, à différents degrés, de l’ensemble du pays. Le temps est venu, semble-t-il, d’aborder la réforme de la justice sociale différemment, de bouleverser les paramètres traditionnels gravitant autour de la prise de décisions et de contourner les hiérarchies plus anciennes en ce qui concerne les données et les concepts. Cet article porte sur le forum du doyen concernant le règlement des conflits et l’accès à la justice (familièrement appelé le Dean’s Forum (forum du doyen comme plateforme pour la participation des étudiants à l’élaboration des politiques publiques dans cet important domaine. Nous présentons l’ensemble des réflexions de notre équipe d’enseignants au sujet des éléments pédagogiques uniques de notre expérience et des difficultés connexes. Nous continuons à grandir avec notre projet, mais nous souhaitions décrire dès maintenant cette

  8. Spheres of Justice within Schools

    DEFF Research Database (Denmark)

    Sabbagh, Clara; Resh, Nura; Mor, Michal

    2006-01-01

    This article argues that there are distinct spheres of justice within education and examines a range of justice norms and distribution rules that characterize the daily life of schools and classrooms. Moving from the macro to micro level, we identify the following five areas: the right to education......, the allocation of (or selection into) learning places, teaching–learning practices, teachers’ treatment of students, and student evaluations of grade distribution. We discuss the literature on the beliefs by students and teachers about the just distribution of educational goods in these five domains......, and on the practices used in the actual allocation of these goods. In line with normative ‘spheres of justice’ arguments in social theory, we conclude that the ideals of social justice within schools vary strongly according to the particular resource to be distributed. Moreover, these ideals often do not correspond...

  9. 25 CFR 11.435 - Obstructing justice.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Obstructing justice. 11.435 Section 11.435 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.435 Obstructing justice. A person commits a misdemeanor if, with...

  10. Constructing a justice model based on Sen's capability approach

    OpenAIRE

    Yüksel, Sevgi; Yuksel, Sevgi

    2008-01-01

    The thesis provides a possible justice model based on Sen's capability approach. For this goal, we first analyze the general structure of a theory of justice, identifying the main variables and issues. Furthermore, based on Sen (2006) and Kolm (1998), we look at 'transcendental' and 'comparative' approaches to justice and concentrate on the sufficiency condition for the comparative approach. Then, taking Rawls' theory of justice as a starting point, we present how Sen's capability approach em...

  11. 22 CFR 304.9 - Referral to the Department of Justice.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Referral to the Department of Justice. 304.9... Procedures § 304.9 Referral to the Department of Justice. When Department of Justice approval or consultation is required under § 304.8, the referral or request shall be transmitted to the Department of Justice...

  12. Cognitive benefits of computer games for older adults.

    Science.gov (United States)

    Zelinski, Elizabeth M; Reyes, Ricardo

    2009-01-01

    The purpose of this paper is to develop a basis for the hypothesis that digital action games may produce cognitive benefits for older adults. First, a discussion of the relationship between cognitive and physical health shows the increasing weight given to the role of declines in cognition in the development of dependency in older adult population studies. Second, evidence that cognitive training produces 'far transfer' in elders is presented. The key issue is that one approach, known as extended practice training, has been successful in producing far transfer to memory and other processes. Its principles, which are consistent with those associated with positive brain plasticity effects, are identified. Those principles are then related to the mechanics of digital action games, which also have the important added feature of producing the experiences of presence, engagement, and flow, the subjective elements of game play that are likely to sustain interest and emotional investment in the skills practiced so that the play produces cognitive benefits. The specific cognitive abilities proposed to be improved by different types of game genres are outlined, and recent developments in game and interface design that may affect the willingness of older adults to play are described.

  13. Organizational identification moderates the impact of organizational justice on job satisfaction.

    Science.gov (United States)

    Yuan, Guo; Jia, Libin; Zhao, Jian

    2016-03-09

    Few studies concern the moderator effect of organizational identification between organizational justice and job satisfaction. This study aimed to examine the trilateral relationship among organizational identification, organizational justice and job satisfaction, especially focus on the moderator effect of organizational identification. 354 staffs completed the measures of organizational justice, organizational identification and job satisfaction. Hierarchical regression analysis showed that organizational identification moderated the association between organizational justice and job satisfaction. When staffs reported a low level of organizational identification, those with high organizational justice reported higher scores in job satisfaction than those with low organizational justice. However, the impact of organizational justice on job satisfaction was not significant in high organizational identification group. Organizational identification can significantly moderate the impact of organizational justice on job satisfaction. The significance and limitations of the results are discussed.

  14. Politică versus Justiție sau o scurtă istorie a reformei magistraturii (Politics versus Justice or a short history of magistracy’s reform

    Directory of Open Access Journals (Sweden)

    Cristi DANILEȚ

    2014-05-01

    Full Text Available In a democratic society, the state is organized according to the classic principle of separation of powers. These powers are separated, but they should work together. To strengthen the rule of law in Romania, justice reform was essential. And in the sectors of justice, the judiciary was and it is the most important. Reform was made, under pressure from the EU, by the romanian authorities, in collaboration: essential laws were created, it was created the Judicial Council as a self-governing authority, young magistrates were recruited in the system, were replaced the old codes, the judicial procedures become more efficient and the system become more transparent. The experience that i have as a judge for more than 15 years, my involvement in legislative changes as ministerial advisor and my activity as a Judicial Council`s member for 3 years, entitles me to say that justice has become effective after 10 years of reforms. Among the judges, a culture of independence it was ceated. People who were above the law, reached now behind the bars. Ordinary citizens began to believe in justice. But politicians and businessmen have begun to fear the justice, reason for politicians to try to reduce the independence of justice, changing back the laws, or attacking in their speeches the magistrates. It remains to be shown whether the creation of an independent judiciary was made only for EU or romanian society has become mature so as the reforms to be irreversible.

  15. Skepticism of the Western System on Justice

    Directory of Open Access Journals (Sweden)

    Noor Farihah Mohd Noor

    2013-06-01

    Full Text Available Justice is an elusive concept; it is controversial,yet very important to mankind. This paper seeks to explain the challenges found in the work of justice and to explore justice as defined by the West and by Islam. The findings show that there is stark difference especially in the philosophical aspect in how justice is interpreted and applied from the viewpoint of the West and Islam. Findings also show that Islamic approach to justice is more durable and dynamic as theguidance is deeply entrenched in the divine revelation of the Holy Quran; since no human being has the ability of creating, being by nature, fallible and as such produces excellent impact. The impact of justice in Islam can be seen from the Islamic history itself. Unfortunately, since the world has been dominated by the secularsystem; divine law has slowly been rejected and has been taken as irrelevant and backdated. The researcher also seeks to show why Muslims fail despite of the existence of rich and forceful Islamic ways. In order to overcome the setback, the researcher proposes some reforms for Muslims to return to its original state of Islam that encourages just and good governance. This finding is important as it can provide insights to the government as tools in combating acts ofinjustice more consistently and forcefully. As injustice is an endemic and the main reason for the collapse of society, this discussion attempts to show that Islamic idea of justice is actuallyable to solve all problems no matter how big the scale is. The positive and incredible impact not only will be enjoyed by the ruler and the governed, but also by the whole nation, Muslims and non-Muslims alike.

  16. Justice and the Human Genome Project

    Energy Technology Data Exchange (ETDEWEB)

    Murphy, T.F.; Lappe, M. (eds.)

    1992-01-01

    Most of the essays gathered in this volume were first presented at a conference, Justice and the Human Genome, in Chicago in early November, 1991. The goal of the, conference was to consider questions of justice as they are and will be raised by the Human Genome Project. To achieve its goal of identifying and elucidating the challenges of justice inherent in genomic research and its social applications the conference drew together in one forum members from academia, medicine, and industry with interests divergent as rate-setting for insurance, the care of newborns, and the history of ethics. The essays in this volume address a number of theoretical and practical concerns relative to the meaning of genomic research.

  17. Justice and the Human Genome Project

    Energy Technology Data Exchange (ETDEWEB)

    Murphy, T.F.; Lappe, M. [eds.

    1992-12-31

    Most of the essays gathered in this volume were first presented at a conference, Justice and the Human Genome, in Chicago in early November, 1991. The goal of the, conference was to consider questions of justice as they are and will be raised by the Human Genome Project. To achieve its goal of identifying and elucidating the challenges of justice inherent in genomic research and its social applications the conference drew together in one forum members from academia, medicine, and industry with interests divergent as rate-setting for insurance, the care of newborns, and the history of ethics. The essays in this volume address a number of theoretical and practical concerns relative to the meaning of genomic research.

  18. The Ambiguity of Justice: Paul Ricoeur on Universalism and Evil

    Directory of Open Access Journals (Sweden)

    Geoffrey Dierckxsens

    2016-01-01

    Full Text Available In this article I will examine Ricœur’s idea of the universal in his understanding of justice. Scholars recently discussed the extent to which Ricœur understands universal moral norms and universal rules of justice in his anthropology of human action (e.g., J. Michel, Paul Ricœur: une philosophie de l’agir humain, Paris: Les Éditions du Cerf, 2006, and argue that Ricœur stresses too much the idea of universal moral norms with regard to cultural and moral diversity (e.g., G. H. Taylor, “Ricoeur versus Ricoeur? Between the Universal and the Contextual,” From Ricoeur to Action. The Socio-Political Significance of Ricoeur’s Thinking, Todd S. Mei and David Lewin (eds., (London and New York: Bloomsbury, 2012. G. H. Taylor, “Reenvisioning Justice,” Lo Squarda 12 (2013: 65-80. In this article I will take part in the debate about universalism and approach Ricœur’s idea of the universal from a different angle, in placing it in light of his idea of evil. The point I will aim to make in this article is that Ricœur’s idea of the relation between justice and evil demonstrates what I understand as the ambiguity of justice, which highlights the difficulty of defining universal rules of justice. I will argue that this ambiguity is the following: justice aims at the establishment of social peace and in that sense it is the necessary remedy against human evil, but justice also implies power, and possibly violence, over others in that it relates to violent feelings of vengeance, to institutional mechanism of authority, and to a struggle of values. Yet if rules of justice relate to evil in the sense of power over others, so I argue, then it is problematic to define absolute criteria for rules of justice, i.e., for rules for social peace: because justice relates to particular values, which means that the risk of violence is inherent to institutional rules of justice, there is no ultimate universal set of such rules. This article therefore

  19. 28 CFR 16.76 - Exemption of Justice Management Division.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Justice Management Division. 16.76 Section 16.76 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Exemption of Records Systems Under the Privacy Act § 16.76 Exemption of Justice...

  20. Justice mechanisms and the question of legitimacy: the example of Rwanda's multi-layered justice mechanisms

    OpenAIRE

    Oomen, B.; Ambos, K.; Large, J.; Wierda, M.

    2009-01-01

    Legitimacy, this contribution argues, plays a key role in connecting transitional justice mechanisms to sustainable peace, and strengthening people's perceptions of legitimacy should be of concern to all those involved in these institutions. Here, it is important to take an empirical, people-based approach to legitimacy, with regard for its dynamic quality. This approach should focus on all three dimensions of legitimacy: the input into transitional justice mechanisms, the popular adherence t...

  1. The Law of Peoples and Global Justice

    Czech Academy of Sciences Publication Activity Database

    Hrubec, Marek

    2010-01-01

    Roč. 20, č. 2 (2010), s. 135-150 ISSN 1210-3055 R&D Projects: GA MŠk(CZ) LC06013 Institutional research plan: CEZ:AV0Z90090514 Keywords : international justice * global justice * Rawls * recognition Subject RIV: AA - Philosophy ; Religion

  2. Protection as care: moral reasoning and moral orientation among ethnically and socioeconomically diverse older women.

    Science.gov (United States)

    Dakin, Emily

    2014-01-01

    This study examined moral reasoning among ethnically and socioeconomically diverse older women based on the care and justice moral orientations reflecting theoretical frameworks developed by Carol Gilligan and Lawrence Kohlberg, respectively. A major gap in this area of research and theory development has been the lack of examination of moral reasoning in later life. This study addressed this gap by assessing socioeconomically and ethnically diverse older women's reasoning in response to ethical dilemmas showing conflict between autonomy, representative of Kohlberg's justice orientation, and protection, representative of Gilligan's care orientation. The dilemmas used in this study came from adult protective services (APS), the U.S. system that investigates and intervenes in cases of elder abuse and neglect. Subjects were 88 African American, Latina, and Caucasian women age 60 or over from varying socioeconomic status backgrounds who participated in eight focus groups. Overall, participants favored protection over autonomy in responding to the case scenarios. Their reasoning in responding to these dilemmas reflected an ethic of care and responsibility and a recognition of the limitations of autonomy. This reasoning is highly consistent with the care orientation. Variations in the overall ethic of care and responsibility based on ethnicity and SES also are discussed. Copyright © 2013. Published by Elsevier Inc.

  3. Does organizational justice predict empowerment? Nurses assess their work environment.

    Science.gov (United States)

    Kuokkanen, Liisa; Leino-Kilpi, Helena; Katajisto, Jouko; Heponiemi, Tarja; Sinervo, Timo; Elovainio, Marko

    2014-09-01

    The purpose of the study was to explore how nurses assess their empowerment and clarify organizational justice compared to other work-related factors. In addition, we examined the major variables pertinent to empowerment. Cross-sectional survey data were used. A total of 2,152 nurses returned the completed questionnaire. The instruments consisted of nurse empowerment, organizational justice, job control, and possibilities for developing work. The data analysis was based on descriptive statistics and further statistical tests. Organizational justice and empowerment had a clear correlation. Job control, possibilities for developing work and organizational justice were statistically significant predictors of nurse empowerment. Organizational justice and the possibility to use one's individual skills at work are significant factors in staff activity and its development in nursing. They increase the level of empowerment and commitment as well as motivation to work. The results of this study confirm that nurses regard organizational justice as highly important. We can facilitate both work-related empowerment and organizational justice by creating and maintaining a culture of fairness and justice. Employees should be heard and involved more in the planning and decision making of work. © 2014 Sigma Theta Tau International.

  4. Energy decisions reframed as justice and ethical concerns

    Science.gov (United States)

    Sovacool, Benjamin K.; Heffron, Raphael J.; McCauley, Darren; Goldthau, Andreas

    2016-05-01

    All too often, energy policy and technology discussions are limited to the domains of engineering and economics. Many energy consumers, and even analysts and policymakers, confront and frame energy and climate risks in a moral vacuum, rarely incorporating broader social justice concerns. Here, to remedy this gap, we investigate how concepts from justice and ethics can inform energy decision-making by reframing five energy problems — nuclear waste, involuntary resettlement, energy pollution, energy poverty and climate change — as pressing justice concerns. We conclude by proposing an energy justice framework centred on availability, affordability, due process, transparency and accountability, sustainability, equity and responsibility, which highlights the futurity, fairness and equity dimensions of energy production and use.

  5. Environmental justice in Scotland: policy, pedagogy and praxis

    International Nuclear Information System (INIS)

    Scandrett, Eurig

    2007-01-01

    In the first decade of Scottish devolution, environmental justice became a significant component of environmental policy for the Scottish Executive, especially under First Minister Jack McConnell. This paper analyses how a discourse developed within policy narratives which separated environmental justice from economic growth and the interests of capital. In particular, it explores the role which research has played in justifying this discourse. By contrast, an alternative discourse has developed through reflexive and dialogical research associated with the praxis of the environmental organization Friends of the Earth Scotland. This alternative discourse is embedded in the embryonic environmental justice movement in Scotland, and identifies environmental justice as a social conflict which exposes negative externalities at the heart of economic development

  6. Environmental justice in Scotland: policy, pedagogy and praxis

    Energy Technology Data Exchange (ETDEWEB)

    Scandrett, Eurig [Queen Margaret University, Edinburgh (United Kingdom)

    2007-10-15

    In the first decade of Scottish devolution, environmental justice became a significant component of environmental policy for the Scottish Executive, especially under First Minister Jack McConnell. This paper analyses how a discourse developed within policy narratives which separated environmental justice from economic growth and the interests of capital. In particular, it explores the role which research has played in justifying this discourse. By contrast, an alternative discourse has developed through reflexive and dialogical research associated with the praxis of the environmental organization Friends of the Earth Scotland. This alternative discourse is embedded in the embryonic environmental justice movement in Scotland, and identifies environmental justice as a social conflict which exposes negative externalities at the heart of economic development.

  7. 77 FR 70473 - Office of Juvenile Justice and Delinquency Prevention; Agency Information Collection Activities...

    Science.gov (United States)

    2012-11-26

    ... DEPARTMENT OF JUSTICE [OMB Number 1121-0218] Office of Juvenile Justice and Delinquency Prevention... Justice (DOJ), Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, will be... Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice, 810 Seventh...

  8. Integrating Deliberative Justice Theory into Social Work Policy Pedagogy

    Science.gov (United States)

    Morrow, Helen

    2011-01-01

    Deliberation that upholds the social work values of justice and inclusion is an essential component of the policy-making process; yet most social welfare policy curricula focus instead on the goals of distributive justice. This article presents a model that demonstrates how deliberative justice can be easily incorporated into beginning level…

  9. Challenges and prospects of the juvenile justice administration in ...

    African Journals Online (AJOL)

    Juvenile justice administration in Nigeria is weak and has been given very little priority, despite Nigeria being signatory to the major international instruments relevant to the administration of juvenile justice. This is attributable to the history of the penal system of Nigeria, with laws guiding juvenile justice administration having ...

  10. 78 FR 43920 - Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2013-07-22

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1614] Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. ACTION: Notice of Webinar...

  11. 77 FR 39511 - Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2012-07-03

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1594] Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. ACTION: Notice of Webinar...

  12. 77 FR 20649 - Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2012-04-05

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1585] Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. ACTION: Notice of meeting...

  13. Social Justice and the “Green” City

    Directory of Open Access Journals (Sweden)

    Liette Gilbert

    2014-05-01

    Full Text Available A transition to a new, greener urbanism is increasingly imperative in the face of environmental crises. However, such a transition is not possible without considering social justice. This essay examines some ten¬sions between social justice and urban sustainability and some of the reasons why a social justice approach to urban sustainability is often marginalized by a neoliberal sustainability ontology. This essay first engages with various normative concepts of social justice and its long existing but unfulfilled claim in the city. It then considers some gains toward greener urbanism but contends that urban sustainability responses have ge¬nerally been more preoccupied with ecological modernization and the reproduction of best practices rather than with socio-spatial justice. In looking at some workings of green neoliberalism, the essay points to how the ecological is easily recuperated for neoliberal ends. The last section addresses some reasons why the social is de-privileged in the dominant sustainability discourses and practices, and how social justice serves, through citizenship practices, as a claim to urban change where participation is not a bureaucratized process but an everyday practice. Overall, the essay cautions against certain sustainability discourses and green neoliberalism without addressing its ingrained inequalities.

  14. Teaching for social justice education: the intersection between identity, critical agency, and social justice education

    OpenAIRE

    Dennis Francis; Adré le Roux

    2011-01-01

    In line with national policy requirements, educators are increasingly addressing forms of social justice education by focusing on classroom pedagogies and educational practices to combat different forms of oppression such as racism and sexism. As all educators have a role to play in dismantling oppression and generating a vision for a more socially just future, teacher education has the responsibility to capacitate pre-service teachers to work in areas of social justice education. It is, howe...

  15. Empirical investigation of the ethical reasoning of physicians and molecular biologists – the importance of the four principles of biomedical ethics

    Science.gov (United States)

    Ebbesen, Mette; Pedersen, Birthe D

    2007-01-01

    Background This study presents an empirical investigation of the ethical reasoning and ethical issues at stake in the daily work of physicians and molecular biologists in Denmark. The aim of this study was to test empirically whether there is a difference in ethical considerations and principles between Danish physicians and Danish molecular biologists, and whether the bioethical principles of the American bioethicists Tom L. Beauchamp and James F. Childress are applicable to these groups. Method This study is based on 12 semi-structured interviews with three groups of respondents: a group of oncology physicians working in a clinic at a public hospital and two groups of molecular biologists conducting basic research, one group employed at a public university and the other in a private biopharmaceutical company. Results In this sample, the authors found that oncology physicians and molecular biologists employed in a private biopharmaceutical company have the specific principle of beneficence in mind in their daily work. Both groups are motivated to help sick patients. According to the study, molecular biologists explicitly consider nonmaleficence in relation to the environment, the researchers' own health, and animal models; and only implicitly in relation to patients or human subjects. In contrast, considerations of nonmaleficence by oncology physicians relate to patients or human subjects. Physicians and molecular biologists both consider the principle of respect for autonomy as a negative obligation in the sense that informed consent of patients should be respected. However, in contrast to molecular biologists, physicians experience the principle of respect for autonomy as a positive obligation as the physician, in dialogue with the patient, offers a medical prognosis based upon the patients wishes and ideas, mutual understanding, and respect. Finally, this study discloses utilitarian characteristics in the overall conception of justice as conceived by oncology

  16. Empirical investigation of the ethical reasoning of physicians and molecular biologists – the importance of the four principles of biomedical ethics

    Directory of Open Access Journals (Sweden)

    Ebbesen Mette

    2007-10-01

    justice as conceived by oncology physicians and molecular biologists from the private biopharmaceutical company. Molecular biologists employed at a public university are, in this study, concerned with allocation, however, they do not propose a specific theory of justice. Conclusion This study demonstrates that each of the four bioethical principles of the American bioethicists Tom L. Beauchamp & James F. Childress – respect for autonomy, beneficence, nonmaleficence and justice – are reflected in the daily work of physicians and molecular biologists in Denmark. Consequently, these principles are applicable in the Danish biomedical setting.

  17. Justice and Social Cohesion: Some conservative perspectives

    DEFF Research Database (Denmark)

    Pedersen, Søren Hviid

    2011-01-01

    In the wake of recent debates on multiculturalism and value-pluralism, the pressing questions now focuses on whether social cohesion and the notion of justice are sustainable and can be upheld, at least from a European perspective. There are many theoretical and academic responses, mainly from...... liberals, on how to accommodate the different demands of various ethnic and religious groups and at the same time sustain a minimum of social cohesion and justice. One voice is missing and that is a conservative perspective. The purpose of this paper is to formulate a modern conservative analysis...... of this problem. The argument presented in this paper will, first, take its point of departure from David Hume’s notion of sympathy and how this makes social cohesion possible. Second, it will be argued that social cohesion is a prerequisite for the existence of justice, and therefore justice is a derivative...

  18. 7 CFR 3.21 - Referrals of Debts to Justice.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 1 2010-01-01 2010-01-01 false Referrals of Debts to Justice. 3.21 Section 3.21... and Compromise of Claims § 3.21 Referrals of Debts to Justice. An agency shall promptly refer to Justice for litigation debts on which aggressive collection activity has been taken in accordance with...

  19. Ethical commitment to women's participation in transitional justice

    OpenAIRE

    Porter, Elisabeth

    2013-01-01

    Ethical issues of justice and human rights are central to countries emerging from conflict. Yet involving women in transitional justice processes rarely is articulated in ethical terms. To make a case for an ethical commitment to improving women’s participation in these processes, the paper begins by exploring why transitional justice strategies should bother with gender. Women and men often experience conflict and injustices differently which may require different responses to redress harms ...

  20. The Peñalosa Principle of Transportation Democracy: Lessons from Bogotá on the Morality of Urban Mobility.

    Science.gov (United States)

    Epting, Shane

    2017-08-01

    The mayor of Bogotá, Enrique Peñalosa strives to deliver transit services that promote social equity through bicycle lanes, improved sidewalks, and a world-famous Bus Rapid Transit (BRT) system, "TransMilenio." Through examining the principles that guide his planning, we can flesh out a starting point for socially just transit systems. While such measures can alleviate several harms that transit systems cause, they rest on an incomplete foundation due to their top-down nature. To amend this situation, the author argues for a restorative justice approach to transportation democracy, using examples from Peñalosa's mayoral tenure. In turn, lessons from Bogotá's transportation history reveal how to develop transit systems that strongly favor justice.

  1. Promoting employee wellbeing: the relevance of work characteristics and organizational justice.

    Science.gov (United States)

    Lawson, Katrina J; Noblet, Andrew J; Rodwell, John J

    2009-09-01

    Research focusing on the relationship between organizational justice and health suggests that perceptions of fairness can make significant contributions to employee wellbeing. However, studies examining the justice-health relationship are only just emerging and there are several areas where further research is required, in particular, the uniqueness of the contributions made by justice and the extent to which the health effects can be explained by linear, non-linear and/or interaction models. The primary aim of the current study was to determine the main, curvilinear and interaction effects of work characteristics and organizational justice perceptions on employee wellbeing (as measured by psychological health and job satisfaction). Work characteristics were measured using the demand-control-support (DCS) model (Karasek and Theorell, 1990) and Colquitt's (2001) four justice dimensions (distributive, procedural, interpersonal and informational) assessed organizational justice (Colquitt, 2001). Hierarchical regression analyses found that in relation to psychological health, perceptions of justice added little to the explanatory power of the DCS model. In contrast, organizational justice did account for unique variance in job satisfaction, the second measure of employee wellbeing. The results supported linear relationships between the psychosocial working conditions and the outcome measures. A significant two-way interaction effect (control x support at work) was found for the psychological health outcome and the procedural justice by distributive justice interaction was significant for the job satisfaction outcome. Notably, the findings indicate that in addition to traditional job stressors, health promotion strategies should also address organizational justice.

  2. Gilabert on the Feasibility of Global Justice

    Directory of Open Access Journals (Sweden)

    Colin M. Macleod

    2013-09-01

    Full Text Available In this article, I discuss the analysis of the feasibility of global justice developed by Pablo Gilabert in his recent book From Global Poverty to Global Equality: A Philosophical Exploration. Gilabert makes many valuable contributions to this topic and I agree with most of his analysis. However, I identify a distinction between strategic justification and moral justification that Gilabert neglects. I show how this distinction is useful in addressing objections to the feasibility of global justice. I also claim that Gilabert makes some problematic assumptions concerning the way in which global justice is morally demanding.

  3. 29 CFR 8.19 - Equal Access to Justice Act.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Equal Access to Justice Act. 8.19 Section 8.19 Labor Office... SERVICE CONTRACTS General Procedural Matters § 8.19 Equal Access to Justice Act. Proceedings under the... Access to Justice Act (Pub. L. 96-481). Accordingly, in any proceeding conducted pursuant to the...

  4. 29 CFR 530.414 - Equal Access to Justice Act.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Equal Access to Justice Act. 530.414 Section 530.414 Labor... OF HOMEWORKERS IN CERTAIN INDUSTRIES Administrative Procedures § 530.414 Equal Access to Justice Act. Proceedings under this part are not subject to the provisions of the Equal Access to Justice Act. In any...

  5. Robert Nozick's entitlement theory of justice: a critique | Nnajiofor ...

    African Journals Online (AJOL)

    The burden of this paper is to critique Robert Nozick's entitlement theory of justice which was drafted as an argument against traditional distribution theories. Nozick's theory of justice claims that whether a distribution is just or not depend entirely on how it came about. By contrast, justice according to equality, need, desert or ...

  6. Impact Pathways to Address Social Well-Being and Social Justice in SLCA—Fair Wage and Level of Education

    Directory of Open Access Journals (Sweden)

    Sabrina Neugebauer

    2014-07-01

    Full Text Available Social well-being and social justice are meant to create a positive outcome meaningful for people and societies. According to the guidelines of social life cycle assessment, especially well-being should be considered as the main area of protection to assess social impacts of products. In addition, equity and equality need to be addressed in terms of social justice to ensure a fair and ethic society. However, even if a lot of studies focused on the definition social indicators to assess resulting impacts, neither have scientific or common agreements been founded to define a valid set of indicators, nor have consistent pathways from inventory towards impact indicators been established. This work, therefore, proposes possible pathways from life cycle inventory to impact assessment of two social midpoint categories: fair wage and level of education. Respective cause-effect-chains are developed based on the environmental life cycle assessment principle. Correspondingly, social inventory indicators throughout direct impacts to midpoint and endpoint categories are defined. Three endpoint categories are included (economic welfare, damage to human health and environmental stability to address social well-being and social justice. Qualitative characterization factors and a scaling method are proposed to evaluate the impacts according to threshold and reference values from valuable literature.

  7. Realising social justice in public health law.

    Science.gov (United States)

    Fox, Marie; Thomson, Michael

    2013-03-01

    Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

  8. A broader view of justice.

    Science.gov (United States)

    Jecker, Nancy S

    2008-10-01

    In this paper I argue that a narrow view of justice dominates the bioethics literature. I urge a broader view. As bioethicists, we often conceive of justice using a medical model. This model focuses attention at a particular point in time, namely, when someone who is already sick seeks access to scarce or expensive services. A medical model asks how we can fairly distribute those services. The broader view I endorse requires looking upstream, and asking how disease and suffering came about. In contrast to a medical model, a social model of justice considers how social determinants affect the health of a population. For example, social factors such as access to clean drinking water, education, safe workplaces, and police protection, profoundly affect risk for disease and early death. I examine one important social determinant of health, health care coverage, to show the limits of a medical model and the merits of a broader view.

  9. Community perspectives of wind energy in Australia: The application of a justice and community fairness framework to increase social acceptance

    International Nuclear Information System (INIS)

    Gross, Catherine

    2007-01-01

    Decisions concerning the siting of infrastructure developments or the use of natural resources have the potential to damage a community's social well-being if the outcomes are perceived to be unfair. Justice is accepted as central to the well functioning of society with fairness being an expectation in day-to-day interactions. Outcomes that are perceived to be unfair can result in protests, damaged relationships and divided communities particularly when decisions are made which benefit some sections of the community at the perceived expense of others. Through empirical research using a wind farm pilot study, community perceptions of a community consultation process are explored using procedural justice principles to evaluate fairness. Findings from the pilot study indicate that perceptions of fairness do influence how people perceive the legitimacy of the outcome, and that a fairer process will increase acceptance of the outcome. A key research finding was that different sections of a community are likely to be influenced by different aspects of justice, namely by outcome fairness, outcome favourability and process fairness. Based on this finding, a community fairness framework was developed which has potential application in community consultation to increase social acceptance of the outcome

  10. Prioritizing environmental justice and equality: diesel emissions in southern California.

    Science.gov (United States)

    Marshall, Julian D; Swor, Kathryn R; Nguyen, Nam P

    2014-04-01

    Existing environmental policies aim to reduce emissions but lack standards for addressing environmental justice. Environmental justice research documents disparities in exposure to air pollution; however, little guidance currently exists on how to make improvements or on how specific emission-reduction scenarios would improve or deteriorate environmental justice conditions. Here, we quantify how emission reductions from specific sources would change various measures of environmental equality and justice. We evaluate potential emission reductions for fine diesel particulate matter (DPM) in Southern California for five sources: on-road mobile, off-road mobile, ships, trains, and stationary. Our approach employs state-of-the-science dispersion and exposure models. We compare four environmental goals: impact, efficiency, equality, and justice. Results indicate potential trade-offs among those goals. For example, reductions in train emissions produce the greatest improvements in terms of efficiency, equality, and justice, whereas off-road mobile source reductions can have the greatest total impact. Reductions in on-road emissions produce improvements in impact, equality, and justice, whereas emission reductions from ships would widen existing population inequalities. Results are similar for complex versus simplified exposure analyses. The approach employed here could usefully be applied elsewhere to evaluate opportunities for improving environmental equality and justice in other locations.

  11. Civic Virtue, Social Justice and Catholic Schools: Part II.

    Science.gov (United States)

    Ognibene, Richard; Paulli, Kenneth

    2002-01-01

    Details the history of the Catholic Church's involvement in social justice issues from the Second Vatican Council (1962-65) on. Describes social justice programs in schools in the diocese of Albany, New York, as well as other programs. Stresses that social justice activity rises out gratitude for the gift of life and should be seen in the context…

  12. Resolving society's energy trilemma through the Energy Justice Metric

    International Nuclear Information System (INIS)

    Heffron, Raphael J.; McCauley, Darren; Sovacool, Benjamin K.

    2015-01-01

    Carbon dioxide emissions continue to increase to the detriment of society in many forms. One of the difficulties faced is the imbalance between the competing aims of economics, politics and the environment which form the trilemma of energy policy. This article advances that this energy trilemma can be resolved through energy justice. Energy justice develops the debate on energy policy to one that highlights cosmopolitanism, progresses thinking beyond economics and incorporates a new futuristic perspective. To capture these dynamics of energy justice, this research developed an Energy Justice Metric (EJM) that involves the calculation of several metrics: (1) a country (national) EJM; (2) an EJM for different energy infrastructure; and (3) an EJM which is incorporated into economic models that derive costs for energy infrastructure projects. An EJM is modeled for China, the European Union and the United States, and for different energy infrastructure in the United Kingdom. The EJM is plotted on a Ternary Phase Diagram which is used in the sciences for analyzing the relationship (trilemma) of three forms of matter. The development of an EJM can provide a tool for decision-making on energy policy and one that solves the energy trilemma with a just and equitable approach. - Highlights: • Energy justice advances energy policy with cosmopolitanism and new economic-thinking. • An Energy Justice Metric is developed and captures the dynamics of energy justice. • The Energy Justice Metric (EJM) compares countries, and energy infrastructure. • EJM provides an energy policy decision-making tool that is just and equitable.

  13. Expanding reproductive justice through a supportability reparative justice framework: the case of abortion in South Africa.

    Science.gov (United States)

    Macleod, Catriona Ida

    2018-04-03

    Theoretical refinement of the concept of reproductive justice has been called for. In this paper, I propose the use of a supportability reparative justice approach. Drawing on intra-categorical intersectionality, the supportability aspect starts from the event of a pregnancy to unravel the interwoven embodied and social realities implicated in women experiencing pregnancy as personally supportable/unsupportable, and socially supported/unsupported. The reparative justice aspect highlights the need for social repair in the case of unsupportable pregnancies and relies on Ernesto Verdeja's critical theory of reparative justice in which he outlines four reparative dimensions. Using abortion within the South African context, I show how this framework may be put to use: (1) the facilitation of autonomous decision-making (individual material dimension) requires understanding women within context, and less emphasis on individual-driven 'choice'; (2) the provision of legal, safe state-sponsored healthcare resources (collective material dimension) demands political will and abortion service provision to be regarded as a moral as well as a healthcare priority; (3) overcoming stigma and the spoiled identities (collective symbolic dimension) requires significant feminist action to deconstruct negative discourses and to foreground positive narratives; and (4) understanding individual lived experiences (individual symbolic dimension) means deep listening within the social dynamics of particular contexts.

  14. Justice And Legal Certainty For Child Victims

    Directory of Open Access Journals (Sweden)

    Edi Setiadi

    2016-12-01

    Full Text Available Focus of attention in the criminal justice system so far has always been to the perpetrator, whereas parties related to a process of criminal justice encompasses the perpetrator, the victim, and the community. A crime victim, in particular, would suffer more since he/she could experience secondary victimization in the criminal justice system. The law concerning victim and witness protection only states the limitation for the criminal victim to ask for compensation to criminal justice system, either as a victim of direct criminal or a victim of abuse power done by law enforcement officers. Child victims are treated the same way as to adult victims, whilst they have a greater dimension of the problem and effects to be dealt with Mechanism and procedures to be followed are ius constituendum (intended/desirable law, as they only share expectation of indemnity, compensation, and rehabilitation which have not been empirically tested in a real situation.

  15. Traditional justice in the reconciliation between Rwanda and Burundi

    Directory of Open Access Journals (Sweden)

    Antoni Castel

    2009-10-01

    Full Text Available This article reviews the use of traditional justice in two post-conflicts in the Great Lakes region: those of Rwanda and Burundi. In Rwanda, the government, led by the Rwanda Patriotic Front (FPR, has modernised and shaped for its own interests the gacaca, who are responsible for seeking justice for the victims of the 1994 genocide. In Burundi, the government has yet not deployed all the transitional justice mechanisms as envisaged in the Arusha agreement. The bushingantahe (the rehabilitation of whom is also envisaged in the agreement have not yet been incorporated into transitional justice.

  16. Where's the Justice in Service-Learning? Institutionalizing Service-Learning from a Social Justice Perspective at a Jesuit University

    Science.gov (United States)

    Cuban, Sondra; Anderson, Jeffrey B.

    2007-01-01

    We attempt to answer "where" the social justice is in service-learning by probing "what" it is, "how" it looks in the process of being institutionalized at a Jesuit university, and "why" it is important. We develop themes about institutionalizing service-learning from a social justice perspective. Our themes were developed through an analysis of…

  17. Voting rights for older children and civic education

    NARCIS (Netherlands)

    Merry, Michael; Schinkel, Anders

    2016-01-01

    The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently

  18. Prabowo and the shortcomings of international justice

    DEFF Research Database (Denmark)

    Tan, Nikolas Feith

    2015-01-01

    under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...... the aims of international criminal justice....

  19. African Transitional Justice Research Network | IDRC - International ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    ... little African-led research on the cultural appropriateness and impact of such models of transitional justice. This grant will facilitate the creation and sustainable expansion of an electronically-based research network on options and lessons learned pertaining to transitional justice. A second objective is to build the capacity ...

  20. Rural science education as social justice

    Science.gov (United States)

    Eppley, Karen

    2017-03-01

    What part can science education play in the dismantling of obstacles to social justice in rural places? In this Forum contribution, I use "Learning in and about Rural Places: Connections and Tensions Between Students' Everyday Experiences and Environmental Quality Issues in their Community"(Zimmerman and Weible 2016) to explicitly position rural education as a project of social justice that seeks full participatory parity for rural citizens. Fraser's (2009) conceptualization of social justice in rural education requires attention to the just distribution of resources, the recognition of the inherent capacities of rural people, and the right to equal participation in democratic processes that lead to opportunities to make decisions affecting local, regional, and global lives. This Forum piece considers the potential of place-based science education to contribute to this project.

  1. Reducing the cost of administrative justice

    International Nuclear Information System (INIS)

    Tourtellotte, J.R.

    1982-01-01

    In virtually every sector of government regulation, the complaint has been lodged that the costs of administrative justice are too high. These costs in time, money, resources, and productivity can have a profound effect on the individual consumer. When applied to an energy technology such as nuclear power, costs of administrative justice can transcent time and money to have even more profound and pervasive soeietal effects. Societal costs can be expressed in terms of their impact on important national concerns, that is, the standard of living, technological superiority, and the national energy equation. Some views are presented on the interests involved in the regulation of nuclear power and what can be done to bring those interests into better balance so as to reduce the cost of administrative justice

  2. In a Spirit of Restoration: A Phenomenology of Nursing Practice and the Criminal Justice System.

    Science.gov (United States)

    Gorman, Geraldine; Singer, Rebecca M; Christmas, Erin; Herbstritt, Catherine; Miller, Layne; Murphy, Mary; Shannon, Cailan; Wyss, Katrina

    Conditions within jails and prisons are a public health crisis, necessitating critical reform measures. An innovative collaboration between a Midwestern College of Nursing and Cook County Department of Corrections provides students with the opportunity to develop health education for both those detained in the jail and the corrections officers. A phenomenological approach, recognizing the importance of intuitive and cognitive understanding, is offered as a framework for practice in complex environments. Principles of restorative justice provide a bridge between primary, secondary, and tertiary prevention and the nursing practice possible within these institutions of incarceration and the communities to which people return.

  3. RESTORATIVE JUSTICE DALAM UNDANG-UNDANG SPPA: IMPLIKASINYA BAGI PEKERJAAN SOSIAL

    Directory of Open Access Journals (Sweden)

    Edi Suharto

    2016-01-01

    Full Text Available Act No. 11 Year 2012 on the Juvenile Justice Systemthat now come into force, grounded in the concept of restorative justice. Restorative justice is the completion of the criminal case together relevant parties in order to seek a fair settlement with the emphasis on restoring back to its original state. To achieve this restorative justice efforts for settling disputes diversion or transfer of children from the criminal justice process to the outside of the criminal justice process. At this diversion efforts have implications for social work. If previously a social worker who has a small role for children in conflict with the law (ABH, it is now a greater role. So it is necessary to enhance the quality and quantity of social workers. Improved quality and quantity must be followed by efforts such as education and training. Institutional quality of social welfare services should also be strengthened because it is the institution that will hold ABH when diversion efforts agreed by the parties. Keyword: Restorative Justice; Diversion; Social Workers   ABSTRAK UU SPPA yang sekarang mulai berlaku, berpijak pada paradigma restorative justice. Restorative justice merupakan penyelesaian perkara tindak pidana bersama-sama pihak terkait dalam rangka mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula. Untuk mencapai keadilan restoratif ini dilakukan upaya diversi atau pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses di luar peradilan pidana. Pada upaya diversi inilah memiliki dampak bagi pekerjaan sosial. Jika sebelumnya pekerja sosial mempunyai peranan yang kecil kepada anak yang berhadapan dengan hukum (ABH, maka kini peranannya lebih besar. Sehingga dibutuhkan peningkatan kualitas maupun kuantitas. Peningkatan kualitas maupun kuantitas harus diikuti dengan upaya seperti pendidikan dan pelatihan. Kualitas kelembagaan pelayanan kesejahteraan sosial juga harus diperkuat karena lembaga inilah yang

  4. Shaping a Just World: Reinterpreting Rawls’s Approach to Global Justice

    OpenAIRE

    Huang, Jiahui

    2015-01-01

    This paper discusses the question of global justice through the lens of the theories of justice expounded by John Rawls in "A Theory of Justice, Political Liberalism, and The Law of Peoples". In any theory of justice, some features of the world we know are held fixed; such constraints may be genuinely unchangeable facts about the world, or they may be contingent facts assumed to be fixed for the purposes of the theory. I argue that a fully adequate theory of justice (‘ideal theory’) should fr...

  5. The Bolivian public justice performance research study | IDRC ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    , inside and outside of the justice system, about the justice system's ... IDRC is investing in local solutions to address climate change-related challenges in India, including heat stress, water management, and climate-related migration.

  6. Relationship between Organizational Justice Perception and Engagement in Deviant Workplace Behavior

    Directory of Open Access Journals (Sweden)

    Muhammad Irfan Syaebani

    2013-07-01

    Full Text Available Deviant workplace behavior is not something unusual and is prevalent in organizational dynamics. It is found in all types of organizations and in all levels of positions. This deviance is costly not only in financial, but also in social and psychological terms. This research aims to reveal whether there is any association between organizational justice perception and engagement in deviant workplace behavior since so many scholars argue that organizational injustice can serve as one of the causes to workplace deviance. Three forms of organizational justice are used in this research; they are: distributive, procedural, and interactional justice. Additionally, two dimensions are used to classify deviant workplace behavior, which are severity and target. Putting these two dimensions into low-high continuum, it helps to develop a typology of deviant workplace behavior into four classifications: production, political, property, and personal aggression. Result findings show us that organizational justice perception play important role in the occurrence of deviant workplace behavior. However, it is not the sole predictor since only one deviant workplace behavior (out of twelve which correlates significantly with one form of organizational justice.Keywords: Deviant workplace behavior, organizational justice, distributive justice, procedural justice, interactional justice, production deviance, political deviance, property deviance, personal aggression

  7. Organizing principles and management climate in high-performing municipal elderly care.

    Science.gov (United States)

    Kajonius, Petri; Kazemi, Ali; Tengblad, Stefan

    2016-01-01

    Purpose - Previous research has shown that user-oriented care predicts older persons' satisfaction with care. What is yet to be researched is how senior management facilitates the implementation of user-oriented care. The purpose of this study is to investigate the organizing principles and management climate characterizing successful elderly care. Design/methodology/approach - The department in one highly ranked municipality was selected and compared with a more average municipality. On-site in-depth semi-structured interviews with department managers and participatory observations at managers' meetings were conducted in both municipalities. Findings - Results revealed three key principles for successful elderly care: organizing care from the viewpoint of the older person; recruiting and training competent and autonomous employees; instilling a vision for the mission that guides operations at all levels in the organization. Furthermore, using climate theory to interpret the empirical material, in the highly successful municipality the management climate was characterized by affective support and cognitive autonomy, in contrast to a more instrumental work climate primarily focusing on organizational structure and doing the right things characterizing the more average municipality. Originality/value - The authors suggest that guiding organizing principles are intertwined with management climate and that there are multiple perspectives that must be considered by the management, that is, the views of the older persons, the co-workers and the mission. These results can guide future care quality developments, and increase the understanding of the importance of organizational climate at the senior management level.

  8. 75 FR 33636 - Bureau of Justice Assistance; Agency Information Collection Activities: Proposed Collection...

    Science.gov (United States)

    2010-06-14

    ... Notice of Information Collection Under Review: New Collection Bureau of Justice Assistance Application Form: Federal Law Enforcement Officers Congressional Badge of Bravery. The Department of Justice (DOJ... DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Bureau of Justice...

  9. 75 FR 19659 - Bureau of Justice Assistance; Agency Information Collection Activities: Proposed Collection...

    Science.gov (United States)

    2010-04-15

    ... Notice of Information Collection Under Review: New Collection Bureau of Justice Assistance Application Form: Federal Law Enforcement Officers Congressional Badge of Bravery. The Department of Justice... DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Bureau of Justice...

  10. NDTAC Practice Guide: Addressing the Unmet Educational Needs of Children and Youth in the Juvenile Justice and Child Welfare Systems Requires Within-Agency and Cross-Agency Leadership

    Science.gov (United States)

    Read, Nicholas W.; Price, Ted S.; Gonsoulin, Simon

    2015-01-01

    In partnership with the Center for Juvenile Justice Reform (CJJR), the National Evaluation and Technical Assistance Center for the Education of Children and Youth Who Are Neglected, Delinquent, or At-Risk (NDTAC) has developed a series of practice guides that provide concrete strategies for adopting the principles and practices discussed in the…

  11. Conceptualizing Learning in the Climate Justice Movement

    Science.gov (United States)

    Kluttz, Jenalee; Walter, Pierre

    2018-01-01

    This article extends Scandrett et al.'s conceptual framework for social movement learning to understand learning and knowledge creation in the climate justice movement. Drawing on radical pluralist theoretical approaches to social movement learning, learning in the climate justice movement is conceptualized at the micro, meso, and macro levels,…

  12. Strategic Activism, Educational Leadership and Social Justice

    Science.gov (United States)

    Ryan, James

    2016-01-01

    This article describes the strategic activism of educational leaders who promote social justice. Given the risks, educational leaders need to be strategic about the ways in which they pursue their activism. Citing current research, this article explores the ways in which leaders strategically pursue their social justice agendas within their own…

  13. Educational Justice, Segregated Schooling and Vocational Education

    Science.gov (United States)

    Giesinger, Johannes

    2017-01-01

    The philosophical debate on educational justice currently focusses on the Anglo-American situation. This essay brings in an additional perspective. It provides a justice-oriented critique of the segregated education systems in German-speaking countries. First, arguments that are commonly put forward in favour of these systems are rejected. Second,…

  14. The Dilemma Between Peace and Justice. Transitional Justice in Post-conflict Context: the Cases of Guatemala and El Salvador

    Directory of Open Access Journals (Sweden)

    Elena MARTÍNEZ BARAHONA

    2016-05-01

    Full Text Available This article aims to describe and explain the trade-off between justice and peace through the analysis of two post-conflict cases: Guatemala and El Salvador. Using the comparative methodology, we analyse the issues of truth, justice and reparation from the Peace Agreements until today.

  15. How reframing a water management issue across scales and levels impacts on perceptions of justice and injustice

    Science.gov (United States)

    Patrick, M. J.; Syme, G. J.; Horwitz, P.

    2014-11-01

    Social justice is a key outcome of water allocation, management and governance. It is commonly expressed in water policies and strategies in terms of achieving equitable distribution of water resources. In complex multi-level systems just and unjust outcomes can result from the same water allocation decision. In some cases a just outcome at one level may cause an injustice at another level for the same or a different set of stakeholders. The manner in which a water management issue is framed and reframed across different levels within a system influences stakeholder perceptions of whether a water allocation decision is just or unjust, which in turn influences the successful adoption and implementation of such a decision. This paper utilises a case study from the Murray-Darling Basin in Australia to illustrate how reframing a water management issue across multiple scales and levels can help understand stakeholders' perceptions of justice and injustice. In this case study two scales are explored, an institutional and an organisational scale; each comprising levels at the federal, basin, state and region. The water management issue of domestic and stock dams was tracked through the various scales and levels and illustrated how reframing an issue at different levels can influence the analysis of just or equitable outcomes. The case study highlights the need to treat justice in water allocation as an ever evolving problem of the behaviour of a social system rather than the meeting of static principles of what is 'right'. This points to the importance of being attentive to the dynamic and dialogical nature of justice when dealing with water allocation issues across scales and levels of water governance.

  16. 5 CFR 1639.10 - Referrals to the Department of Justice.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Referrals to the Department of Justice. 1639.10 Section 1639.10 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD CLAIMS... the Department of Justice. The Executive Director will refer to the Department of Justice for...

  17. Climate Change, Social Justice and Development

    OpenAIRE

    Terry Barker; Şerban Scrieciu; David Taylor

    2008-01-01

    Terry Barker, Şerban Scrieciu and David Taylor discuss the implications of climate change for social justice and the prospects for more sustainable development pathways. They state that the analysis and discussions surrounding the climate change problem, particularly those drawing on the traditional economics literature, have relied on a crude economic utilitarianism that no moral philosopher would endorse. Such arguments have typically ignored the concept of justice itself and wider e...

  18. Social justice representations of students and teachers in Spain

    Directory of Open Access Journals (Sweden)

    Sainz Vanesa

    2016-01-01

    Full Text Available In this empirical study, we designed a questionnaire that seeks to analyse the representation that Spanish students and teachers have about Social Justice. The questionnaire includes a set of different dilemmas about social justice issues, especially in educational context The questions equitably represent three fundamental dimensions in social justice: Representation, Redistribution and Recognition. The questionnaire for students has 30 dilemmas and for teachers has 39 ones. The instrument has been applied to a sample of teachers and students of secondary education in 17 secondary public schools of different Spanish Communities Autonomous. The results show a good reliability of our instrument and differences in social justice conceptions regarding level of education, age and gender. These results show a developmental and gender trend and differences between students and teachers in the accessibility to the three dimensions of Social Justice: Representation, Recognition and Representation.

  19. 2017 Military Investigation and Justice Experience Survey: Overview Report

    Science.gov (United States)

    2018-04-30

    Experience Respondents were asked to provide their evaluations of aspects of the military justice process as a whole. This comprehensive analysis of...justice process. Respondents indicated these resource provided support during the military justice process by listening and “being there” for the...also provide direct assistance to military members who bring forward a report of sexual assault, listen to their needs, and then connect them with

  20. Social Justice Advocacy in Graduate Teacher Education

    Science.gov (United States)

    Hoyle, Amy Gratch

    2018-01-01

    This article includes a description and analysis of a graduate teacher education course designed to engage teachers in taking action for social justice. In the course, students participate in a community of learners in which they examine their cultural identities and engage in social justice advocacy work. Students developed content knowledge and…

  1. Restoring rape survivors: justice, advocacy, and a call to action.

    Science.gov (United States)

    Koss, Mary P

    2006-11-01

    Rape results in mental and physical health, social, and legal consequences. For the latter, restorative justice-based programs might augment community response, but they generate controversy among advocates and policy makers. This article identifies survivors' needs and existing community responses to them. Survivors feel their legal needs are most poorly met due to justice system problems that can be summarized as attrition, retraumatization, and disparate treatment across gender, class, and ethnic lines. Empirical data support each problem and the conclusion that present justice options are inadequate. The article concludes by identifying common ground in advocacy and restorative justice goals and calls for a holistic approach to the needs of rape survivors that includes advocating for expanded justice alternatives. A call to action is issued to implement restorative alternatives to expand survivor choice and offender accountability. Conventional and restorative justice are often viewed as mutually exclusive whereas the author argues they are complementary.

  2. The limits of social justice as an aspect of medical professionalism.

    Science.gov (United States)

    Huddle, Thomas S

    2013-08-01

    Contemporary accounts of medical ethics and professionalism emphasize the importance of social justice as an ideal for physicians. This ideal is often specified as a commitment to attaining the universal availability of some level of health care, if not of other elements of a "decent minimum" standard of living. I observe that physicians, in general, have not accepted the importance of social justice for professional ethics, and I further argue that social justice does not belong among professional norms. Social justice is a norm of civic rather than professional life; professional groups may demand that their members conform to the requirements of citizenship but ought not to require civic virtues such as social justice. Nor should any such requirements foreclose reasonable disagreement as to the content of civic norms, as requiring adherence to common specifications of social justice would do. Demands for any given form of social justice among physicians are unlikely to bear fruit as medical education is powerless to produce this virtue.

  3. 76 FR 1641 - Meeting of the Office of Justice Programs' Science Advisory Board

    Science.gov (United States)

    2011-01-11

    ... and By-Laws, a review of ethics rules applicable to the Board's activities, and briefings from OJP... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJP) Docket No. 1543] Meeting of the Office of Justice Programs' Science Advisory Board AGENCY: Office of Justice Programs (OJP), Justice. ACTION...

  4. Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives

    Directory of Open Access Journals (Sweden)

    Halder Debarati

    2015-01-01

    Full Text Available Victimisation of women through cyber stalking is one of the most serious crimes against women. Many countries including India have developed laws regulating cyber stalking. This article argues that since both, restorative justice (RJ and therapeutic jurisprudence (TJ are victim oriented, the issue of cyber stalking of women may be dealt with by RJ process and the laws in this regard must be analysed by the legal actors with a background in RJ and TJ philosophy. India had earlier taken up therapeutic punishment policy to enforce rights of the accused. But the modern principles of TJ have still not been considered in the RJ background in cyber stalking cases. This article therefore examines whether RJ and TJ principles can replace retributive principles for cyber stalking victimisation. It also examines the Indian cyber stalking law from RJ and TJ perspectives to assess its effectiveness for victims.

  5. Shame and Guilt in Restorative Justice

    DEFF Research Database (Denmark)

    Rodogno, Raffaele

    2008-01-01

    In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More...... in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and the relevant parts of the empirical psychology of shame and guilt, I argue that restorative justice...... practitioners have to take account of a rather more complex picture than it had hitherto been thought. Restorative conferences are not simply about "shame management," though practitioners must certainly avoid shaming and humiliation. Given the nature of shame, guilt, and restorative conferences...

  6. The Relationship between Organizational Justice and Turnover Intention: A Survey on Hospital Nurses

    Directory of Open Access Journals (Sweden)

    Mobin Sokhanvar

    2016-04-01

    Full Text Available Introduction: High organizational justice and its factors are associated with reduced turnover intention. Therefore, in this study, we aimed to examine the relationship between organizational justice and turnover intention among hospital nurses. Materials and Methods: This descriptive, analytical study was conducted on 135 nurses working in Labafi Nejad Hospital in Tehran, Iran, 2015. The data were collected using Beugre's (1998 questionnaire of organizational justice questionnaire. To analyze the data, Pearson’s correlation and ANOVA tests were performed using SPSS, version 20. Results: Mean organizational justice and turnover intention scores were 68.85±7.67 and 47.8±12.47, respectively. Among the different types of organizational justice, the highest mean score was pertinent to interactional justice (75.24±16.68. A significant inverse correlation was observed between turnover intention and organizational justice (r=-0.36, interactional justice (r=-0.38, and procedural justice (r=-0.36, while no association was noted between turnover intention and systemic and distributive types of justice. Furthermore, there was no link between demographic variables, organizational justice, and turnover intention. Conclusion: Considering the prominent role of organizational justice in personnel’s intention to leave their job, and given high costs of recruiting and training new staff, managers should pay especial attention to promoting justice and employees’ satisfaction and enhancing stability in their organizations by reinforcing positive attitudes in the employees.

  7. 40 CFR 13.33 - Referrals to the Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Referrals to the Department of Justice... COLLECTION STANDARDS Referrals § 13.33 Referrals to the Department of Justice. (a) Prompt referral. The... Justice, Washington, DC 20530. (2) Unless otherwise provided by DOJ regulations or procedures, EPA refers...

  8. Counseling psychology trainees' perceptions of training and commitments to social justice.

    Science.gov (United States)

    Beer, Amanda M; Spanierman, Lisa B; Greene, Jennifer C; Todd, Nathan R

    2012-01-01

    This mixed methods study examined social justice commitments of counseling psychology graduate trainees. In the quantitative portion of the study, a national sample of trainees (n = 260) completed a web-based survey assessing their commitments to social justice and related personal and training variables. Results suggested that students desired greater social justice training than what they experienced in their programs. In the qualitative portion, we used a phenomenological approach to expand and elaborate upon quantitative results. A subsample (n = 7) of trainees who identified as strong social justice activists were interviewed regarding their personal, professional, and training experiences. Eleven themes related to participants' meanings of and experiences with social justice emerged within 4 broad categories: nature of social justice, motivation for activism, role of training, and personal and professional integration. Thematic findings as well as descriptive statistics informed the selection and ordering of variables in a hierarchical regression analysis that examined predictors of social justice commitment. Results indicated that trainees' perceptions of training environment significantly predicted their social justice commitment over and above their general activist orientation and spirituality. Findings are discussed collectively, and implications for training and future research are provided. (c) 2012 APA, all rights reserved.

  9. International Criminal Justice and the Politics of Compliance

    NARCIS (Netherlands)

    Lamont, Christopher

    2010-01-01

    International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice

  10. Considerations Regarding the Contribution of the Court of Justice of the European Union in Clarifying the Content of Non Discrimination Concept

    Directory of Open Access Journals (Sweden)

    Alina Livia NICU

    2010-11-01

    Full Text Available This paper aims at underlining the way in which the Court of Justice of the European Union contributes at the unitary application of the community law in the Union’s member states, by clarifying the content of some concepts. Equality and non discrimination represent the fundamental idea of edification of a democratic society and one of the fundamental principles regulated in the Treaty on European Union and the Treaty establishing the European Community, in the formamended by the Lisbon Treaty and this is the reason why we have opted for analyzing only the contribution of the Court of Justice of the European Union in clarifying the concept of non discrimination. There are also assessments made regarding the collocation “positive discrimination”, concluding that it is an inadequate locution and proposing variants to replace this collocation.

  11. Predictors of justice system involvement: Maltreatment and education.

    Science.gov (United States)

    Robertson, Angela A; Walker, Courtney S

    2018-02-01

    Decades of research have established that experience of abuse and/or neglect in childhood is related to negative outcomes, such as juvenile delinquency. Existing research has shown that involvement in child welfare services is also related to juvenile delinquency, particularly for children who are victims of neglect. Research has also identified educational factors such as chronic absenteeism as significant predictors of involvement in the juvenile justice system. However, little research has investigated the combined influence of educational factors, child abuse, and involvement in child protective services on justice system involvement. The current study examined the influence of educational factors and involvement in child protective services on justice system involvement. The study utilized records from an educational database of children who attended a school within a county of Mississippi in any year from 2003 through 2013. Cases were then matched with records from the county Youth Court, Law Enforcement agencies, and Child Protection Services. A multivariate logistic regression controlling for gender, race, current age, and time at risk was conducted to involvement in the justice system. In general, educational factors were stronger predictors of justice system involvement than allegations of maltreatment. Copyright © 2017 Elsevier Ltd. All rights reserved.

  12. Organisational justice and mental health: a systematic review of prospective studies.

    Science.gov (United States)

    Ndjaboué, Ruth; Brisson, Chantal; Vézina, Michel

    2012-10-01

    The models most commonly used, to study the effects of psychosocial work factors on workers' health, are the demand-control-support (DCS) model and Effort-Reward Imbalance (ERI) model. An emerging body of research has identified Organisational Justice as another model that can help to explain deleterious health effects. This review aimed: (1) to identify prospective studies of the associations between organisational justice and mental health in industrialised countries from 1990 to 2010; (2) to evaluate the extent to which organisational justice has an effect on mental health independently of the DCS and ERI models; and (3) to discuss theoretical and empirical overlap and differences with previous models. The studies had to present associations between organisational justice and a mental health outcome, be prospective, and be entirely available in English or in French. Duplicated papers were excluded. Eleven prospective studies were selected for this review. They provide evidence that procedural justice and relational justice are associated with mental health. These associations remained significant even after controlling for the DCS and ERI models. There is a lack of prospective studies on distributive and informational justice. In conclusion, procedural and relational justice can be considered a different and complementary model to the DCS and ERI models. Future studies should evaluate the effect of change in exposure to organisational justice on employees' mental health over time.

  13. Social Justice Leadership and Inclusion: A Genealogy

    Science.gov (United States)

    Lewis, Katherine

    2016-01-01

    The purpose of this article is to engage in an historical analysis of research about two concepts: social justice leadership and leadership for inclusion. Recent experiences have caused me to wonder about our interpretations of justice, equity, and inclusion. Analysis of the relevant literature revealed a lack of consensus among scholars as to a…

  14. Culturally Responsive Teaching: Implications for Educational Justice

    Science.gov (United States)

    Bassey, Magnus O.

    2016-01-01

    Educational justice is a major global challenge. In most underdeveloped countries, many students do not have access to education and in most advanced democracies, school attainment and success are still, to a large extent, dependent on a student's social background. However, it has often been argued that social justice is an essential part of…

  15. Using the Juvenile Justice Poster. Teaching Strategy.

    Science.gov (United States)

    Update on Law-Related Education, 2000

    2000-01-01

    Presents a lesson that can help students review and summarize what they have learned about the juvenile justice system. Explains that the students discuss how the juvenile justice system can be improved and conduct a survey on how it might be changed in the future. Provides a copy of the survey and directions. (CMK)

  16. Economic globalisation and economic justice: Covenanting for ...

    African Journals Online (AJOL)

    The premise of this article is that ethical moral formation or 'covenanting for justice' leads to action. The covenanting church itself, in conjunction with other movements, works for justice in all areas of life. The article uses the six aspects of ethical moral formation of Heinz Tödt to analyse some aspects of economic ...

  17. Organizational Justice and Commitment in Interscholastic Sports

    Science.gov (United States)

    Whisenant, Warren

    2005-01-01

    The purpose of this study was to determine the effect of three organizational justice dimensions on the commitment of high school student athletes (N = 480) to continue playing a referent sport. The athletes were asked to complete an instrument designed to assess their perceived levels of justice displayed by their coaches in three justice…

  18. Justice in Cyberwar

    Directory of Open Access Journals (Sweden)

    Klaus-Gerd Giesen

    2014-06-01

    Full Text Available http://dx.doi.org/10.5007/1677-2954.2014v13n1p27 The text aims at providing an ethical framework for cyber warfare. The latter is changing our understanding of war (and peace as well as the relationship between the human being and the machine. Rejecting Heidegger’s fatalistic stance towards technology it is argued that norms of international justice should be formulated in order to attempt to regulate this new military dimension. The potentially considerable destructive force of cyberweapon systems for civilian infrastructure is emphasized, especially as far as the « Internet of Things » (all physical objects connected to the Internet is concerned. In a foreseeable future cyberwar operations may kill many civilians. After defining the concept of cyberwar and explainig why it is a new and important moral issue, the paper heavily relies on just war ethics in order to reach norms for justice in cyberwar. It is shown that Immanuel Kant has not just been a philosopher of (perpetual peace, but (in the Metaphysics of Morals also a just war theorist who developed his normative framework in a fruitful dialog with Aquinas (against Vitoria and Suarez. His norms for jus ad bellum and jus in bello are carefully and critically applied to cyberwar. However, Kant’s major innovation in just war theory has been the concept of jus post bellum. The paper demonstrates how important this dimension of justice is in cyberwar, and how to apply it, including through recommendations for a treaty in international law.

  19. Design of smart home sensor visualizations for older adults.

    Science.gov (United States)

    Le, Thai; Reeder, Blaine; Chung, Jane; Thompson, Hilaire; Demiris, George

    2014-07-24

    Smart home sensor systems provide a valuable opportunity to continuously and unobtrusively monitor older adult wellness. However, the density of sensor data can be challenging to visualize, especially for an older adult consumer with distinct user needs. We describe the design of sensor visualizations informed by interviews with older adults. The goal of the visualizations is to present sensor activity data to an older adult consumer audience that supports both longitudinal detection of trends and on-demand display of activity details for any chosen day. The design process is grounded through participatory design with older adult interviews during a six-month pilot sensor study. Through a secondary analysis of interviews, we identified the visualization needs of older adults. We incorporated these needs with cognitive perceptual visualization guidelines and the emotional design principles of Norman to develop sensor visualizations. We present a design of sensor visualization that integrate both temporal and spatial components of information. The visualization supports longitudinal detection of trends while allowing the viewer to view activity within a specific date.CONCLUSIONS: Appropriately designed visualizations for older adults not only provide insight into health and wellness, but also are a valuable resource to promote engagement within care.

  20. Design of smart home sensor visualizations for older adults.

    Science.gov (United States)

    Le, Thai; Reeder, Blaine; Chung, Jane; Thompson, Hilaire; Demiris, George

    2014-01-01

    Smart home sensor systems provide a valuable opportunity to continuously and unobtrusively monitor older adult wellness. However, the density of sensor data can be challenging to visualize, especially for an older adult consumer with distinct user needs. We describe the design of sensor visualizations informed by interviews with older adults. The goal of the visualizations is to present sensor activity data to an older adult consumer audience that supports both longitudinal detection of trends and on-demand display of activity details for any chosen day. The design process is grounded through participatory design with older adult interviews during a six-month pilot sensor study. Through a secondary analysis of interviews, we identified the visualization needs of older adults. We incorporated these needs with cognitive perceptual visualization guidelines and the emotional design principles of Norman to develop sensor visualizations. We present a design of sensor visualization that integrate both temporal and spatial components of information. The visualization supports longitudinal detection of trends while allowing the viewer to view activity within a specific date. Appropriately designed visualizations for older adults not only provide insight into health and wellness, but also are a valuable resource to promote engagement within care.