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Sample records for justice principles older

  1. Socialist Principles of Appropriative Justice

    NARCIS (Netherlands)

    V. van der Weerden (Victor)

    2015-01-01

    textabstractDuring the last quarter of the twentieth century, many analytical Marxists contributed to the revival of the debate concerning the relationship between Marxism and morality. One such attempt made by Ziyad Husami (1978) was to derive a ‘socialist principle of justice’ from Marx’s

  2. 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

  3. 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.…

  4. 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. .

  5. Corrective justice as a principle of civil liability

    OpenAIRE

    2015-01-01

    This paper is focused on the principle of corrective justice as one of the basic principles of civil liability in the context of the modern living and increasing risks. The question that is raised with this paper is the influence the modern living and increasing risks have on the established bases of civil liability and tort law in general.

  6. Violence Against Older Women: Activism, Social Justice, and Social Change.

    Science.gov (United States)

    Mears, Jane

    2015-01-01

    The Older Women's Network (OWN) of New South Wales (NSW) is an activist organization dedicated to promoting the rights of older women, preventing gender- and aged-based violence, and working toward social justice and social change. In 2007, the OWN NSW Inc. initiated the Prevention of Violence Against Older Women Working Party to research and document current knowledge and understanding of violence against older women; focus public attention on this issue; and bring about changes in public perceptions, policy, and practice. Presented here is an overview of the major achievements of the OWN Working Party, including a meta-analysis of three research projects, with their findings, recommendations, and outcomes. In conclusion, research conducted by activist organizations such as OWN can make a significant contribution to furthering our understanding of violence against older women and to policy and practice.

  7. REFLECTIONS ON THE PRINCIPLE OF THE INDEPENDENCE OF JUSTICE

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    ELENA EMILIA ŞTEFAN

    2013-05-01

    Full Text Available The independence of justice is no longer just a wish of the Constitution editors, it represents a reality, has a practical applicability and it is not at all just a state of mind. Moreover, the judicial independence is regulated by a number of international documentation which completes the whole picture of the national legislation. Does the civil society represent only a pressure agent likely to influence the independence of law? So here is a question we will try to answer in this study, and we will present theoretical but also practical aspects on the principle of the independence of justice.

  8. Applying Appreciative Inquiry Principles in the Restorative Justice Field

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    Simona DAMIAN

    2012-06-01

    Full Text Available Although the convergence between appreciative ideology and the ideologies derived from the need of preserving human dignity is not complete, they can be seen in a single paradigm of affirmative action. Although restorative justice principles are not inspired by appreciative inquiry methodology, are at least converging with it, both of them focusing on human potential positivity. Moving the accent from the offense and its due retribution, on the recovery of prior state offense, both for the victim and the offender, this can be interpreted as waiving the deficiency paradigm, and integrating positive experiences resulting from mediation offender-victim relationship in an appreciative paradigm. Application of appreciative inquiry in restorative justice and in probation systems is a unique area in the world, it being applied only on an experimental level in some restorative justice programs.

  9. 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.

  10. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

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    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

  11. General Principles of Transnationalised Criminal Justice?Exploratory Reflections

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    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

  12. Principle of Praesumptio iustae Causa or Net Vermoeden van Rechtmatigheid as Principle of Administrative Justice

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    Muhammad Hadin Muhjad

    2016-03-01

    Full Text Available One of the principles of administrative justice in procedural law is praesumptio iustae causa (in Latin or het vermoeden van rechtmatigheid (in Dutch which is aimed at providing protection to the government in executing the governance from the claim of the citizen(s. However, in Act No. 30 of 2014 it is not well formulated and in the legislation it is not yet applied as a principle in accordance with its function.

  13. 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

  14. What Do the Various Principles of Justice Mean Within the Concept of Benefit Sharing?

    Science.gov (United States)

    Dauda, Bege; Denier, Yvonne; Dierickx, Kris

    2016-06-01

    The concept of benefit sharing pertains to the act of giving something in return to the participants, communities, and the country that have participated in global health research or bioprospecting activities. One of the key concerns of benefit sharing is the ethical justifications or reasons to support the practice of the concept in global health research and bioprospecting. This article evaluates one of such ethical justifications and its meaning to benefit sharing, namely justice. We conducted a systematic review to map the various principles of justice that are linked to benefit sharing and analysed their meaning to the concept of benefit sharing. Five principles of justice (commutative, distributive, global, procedural, and compensatory) have been shown to be relevant in the nuances of benefit sharing in both global health research and bioprospecting. The review findings indicate that each of these principles of justice provides a different perspective for a different benefit sharing rationale. For example, commutative justice provides a benefit sharing rationale that is focused on fair exchange of benefits between research sponsors and communities. Distributive justice produces a benefit sharing rationale that is focused on improving the health needs of the vulnerable research communities. We have suggested that a good benefit sharing framework particularly in global health research would be more beneficial if it combines all the principles of justice in its formulation. Nonetheless, there is a need for empirical studies to examine the various principles of justice and their nuances in benefit sharing among stakeholders in global health research.

  15. 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

  16. 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.

  17. Principles of justice as a basis for conceptualizing a health care system.

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    Bryant, J H

    1977-01-01

    This paper opens with a concern for the causes of the maldistribution of health care throughout most of the world. It then explores briefly the question of entitlement to health care, focusing on the appropriateness of expressing that entitlement in terms of social justice. Some principles of justice as related to health care are formulated, drawing on the thinking of John Rawls and his Theory of Justice, and the ideas of distributive justice that have been set forth by Nicholas Rescher. These principles are then used as a basis for planning a theoretical health care system in the setting of a less-developed country. This theoretical health care system is intended to reflect a just distribution of health care under conditions of varying limitations of resources, including those in which resources are not adequate to provide care for all of the people. Some of the technical, social, and political implications of such a system are discussed.

  18. Scarcity in the intensive care unit: principles of justice for rationing ICU beds.

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    Swenson, M D

    1992-05-01

    Difficult dilemmas arise when resources become scarce in intensive care units (ICUs). When there are fewer beds available than patients who need them, how are those beds to be distributed? In this report, I discuss such rationing dilemmas from the context of John Rawls' theory of justice. Principles of justice can be chosen by clinicians and used to set priorities in the distribution of scarce ICU beds. These principles consist of a ranking of patients based on available prognostic data. Such a ranking would be the most fair way of distributing scarce ICU beds within a Rawlsian conception of justice. It is a ranking that would be chosen by the patients themselves, were they able to consider the matter from a rational and impartial perspective.

  19. Sexual Assault and Justice for Older Women: A Critical Review of the Literature.

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    Fileborn, Bianca

    2016-03-31

    This article provides a critical review of current literature on the sexual assault of older women-including an exploration of the specific features and emotional and physical impacts of older women's experiences-and highlights current gaps and future directions for research, practice, and theory. A review of the literature indicates that older women constitute only a small proportion of victim/survivors. However, there is evidence to suggest that existing research underestimates the extent of this issue. Older women face particular barriers to disclosure and accessing the justice system, resulting in their experiences remaining hidden. Many of these barriers also contribute toward older women's experiences being ignored, dismissed, or downplayed by potential bystanders. These barriers are explored in depth in this article and include cultural context, ageism, cognitive and health impairments, and living in a residential care setting. Responding to, and preventing, the sexual assault of older women requires a tailored approach-and we currently lack sufficient insight to develop appropriate responses. In closing, this article considers how we might work toward achieving "justice" for older women victim/survivors. © The Author(s) 2016.

  20. Welfare States, Solidarity and Justice Principles : Does the Type Really Matter?

    NARCIS (Netherlands)

    Arts, Wil; Gelissen, John

    2001-01-01

    In this article, we investigate whether and, if so, to what extent, people’s notions of solidarity and their choices of justice principles are related to the type of welfare state regime they live under, as well as to individual socio-demographic and ideological factors. We analyse data from the Int

  1. Association for Specialists in Group Work: Multicultural and Social Justice Competence Principles for Group Workers

    Science.gov (United States)

    Singh, Anneliese A.; Merchant, Niloufer; Skudrzyk, Bogusia; Ingene, Daphne

    2012-01-01

    The Association for Specialists in Group Work (ASGW) is committed to understanding how issues of multiculturalism and social justice affect all aspects of group work. This document reflects the updating and revision of a previous document entitled, "Principles for Diversity-Competent Group Workers," which was endorsed by ASGW in 1998 and published…

  2. Welfare States, Solidarity and Justice Principles : Does the Type Really Matter?

    NARCIS (Netherlands)

    Arts, Wil; Gelissen, John

    2001-01-01

    In this article, we investigate whether and, if so, to what extent, people’s notions of solidarity and their choices of justice principles are related to the type of welfare state regime they live under, as well as to individual socio-demographic and ideological factors. We analyse data from the

  3. 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.

  4. The juridical nature of the European Court of Justice and the principles of its activity

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    Vilma Hasneziri

    2015-07-01

    In this work, especially in the second part, there shall be presented several decisions of the European Court of Justice as well, that have to do with its interpretation on the dispositions of the establishing Treaties as well as the analysis of the above mentioned principles. At the end of this work, there will be given its conclusions as well as the bibliography where it is based on.

  5. Violation of ethical principles in institutional care for older people.

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    Bužgová, Radka; Ivanová, Kateřina

    2011-01-01

    This study focuses on issues of elder abuse in residential settings. Violation of ethical principles is shown in the results of this quantitative study aimed at defining the extent, nature and causes of such abuse by employees' unethical conduct towards clients in senior homes (i.e. residential nursing homes) in the Moravian-Silesian region of the Czech Republic. The research sample comprised 454 employees and 488 clients from 12 residential homes for older people. The data were collected from interviews with clients, who also received a questionnaire concerning their satisfaction with the institution. Two questionnaires were administered to the employees, one based on a pilot qualitative study and a second to investigate burnout. Outcomes were assessed according to the extent and form of elder abuse, the causes of elder abuse and the violation of basic ethical principles. The responses, in particular those of employees, revealed both psychological and physical abuse of older clients, and thus violation of two basic principles: respect for the person and non-maleficence. The group at risk of elder abuse comprised aggressive and dissatisfied clients, as well as those with mental problems and dementia. The employees most at risk of being abusers were those who had been employed in institutional care for more than five years, had inadequate knowledge about social services and suffered from burnout. The prevention of elder abuse is recommended to be through education focused on ethical principles, increasing employees' satisfaction by promoting a friendly and safe organizational culture, and providing adequate working conditions.

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

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    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.

  7. The relevance of Rawls' principle of justice for research on cognitively impaired patients.

    Science.gov (United States)

    Maio, Giovanni

    2002-01-01

    An ethical conflict arises when we must perform research in the interest of future patients, but that this may occasionally injure the interests of today's patients. In the case of cognitively impaired persons, the question arises whether it is compatible with humane healthcare not only to treat, but also to use these patients for research purposes. Some bioethicists and theologians have formulated a general duty of solidarity, also pertaining to cognitively impaired persons, as a justification for research on these persons. If one examines this thesis from the theory of justice according to John Rawls, it is revealed that such a duty of solidarity cannot necessarily be extrapolated from Rawls' conception of justice. This is at least true of Rawls' difference principle, because according to the difference principle only those measures are justifiable which serve the interest of the respective least well off. Those measures which would engender additional injury for the least well off could not be balanced by any utility according to Rawls. However, John Rawls' difference principle is subordinate to the first principle, which is that each person has an equal right to the most extensive basic liberty compatible with the same liberty for others. These "primary goods" are determined by the freedom and integrity of the person. This integrity of decisionally impaired persons would be in danger if one would abstain from research and thus forego the increase in knowledge related to their disease. Thus one could conclude, at least from Rawls' first principle, that society must take on a duty to guarantee the degrees of freedom for cognitively impaired persons and thus also support the efforts for their healing.

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

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    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

  9. 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.

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

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    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.

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

    NARCIS (Netherlands)

    Douglas, D.M.

    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 th

  12. 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 amon

  13. Principles and Rules Applicable to Territorial Settlement Disputes in the Light of the Jurisprudence of the International Court of Justice

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    Ana Gemma López Martín

    2014-02-01

    Full Text Available Unfortunately territorial conflicts are a constant in international relations, being of great importance that they are settled in a peaceful way. The work of the International Court of Justice in this regard has been fundamental. Its extensive jurisprudence in this area has generated a number of principles and rules on which this arrangement is based, such as the principle of continuity of territorial treaties, the principle of uti possidetis iuris, the primacy of legal title, the relativity of the effectiveness, or the critical date. The knowledge of these principles and rules is essential for future arrangements.

  14. REFLECTIONS ON THE PRINCIPLEJUSTICE IS EQUAL FOR ALL” IN THE ROMANIAN CONSTITUTIONS AND IN COMPARATIVE LAW – SELECTIVE ASPECTS

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    Nicolae PAVEL

    2017-05-01

    Full Text Available At the onset of the study it is necessary to mention that its topic will be circumscribed to regulations on the principle Justice is equal for all in the Romanian Constitutions and in comparative law – selective aspects. By this approach, the proposed study opens a complex and complete vision, but not exhaustive, to the reflections on the principle Justice is equal for all in the Romanian Constitutions and in comparative law. In comparative law analysis, we will keep a symmetrical approach to identifying regulations on the principle Justice is equal for all in the Constitutions of other countries. The subject of the scientific endeavor will be circumscribed to the scientific analysis of its parts, as follows: 1. Introduction. 2.Identification of constitutional rules on the principle Justice is equal for all in the Constitution of Romania and comparativelaw. 3. Highlights Romanian doctrine and comparative law on the principle Justice is equal for all. 4. Jurisprudence of the Constitutional Court on the principle Justice is equal for all (selective aspects. 5. Conclusions.

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

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    Michiel J.J.P. Luchtman

    2013-09-01

    Full Text Available 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 – which explicitly establishes a relationship between citizenship, free movement and a common area of justice – raises certain expectations. Still, the promotion of free movement also induces conflicts of jurisdiction. EU law further encourages those conflicts by obliging Member States to establish extraterritorial jurisdiction, in order to prevent negative conflicts of jurisdiction. These types of conflict easily harm the position of the EU citizen. This contribution analyses this problem in light of the legality principle, a cornerstone of every criminal law system, which is also included in the EU Charter of Fundamental Rights. Its central argument is that with the transfer of powers from the national to the European level and the increasing horizontal intertwinement of national criminal justice systems and the resulting intensified cooperation, it is also increasingly difficult to protect EU citizens against arbitrary investigation, prosecution, conviction and punishment in Europe’s area of freedom, security and justice. EU Charter rights therefore need to be interpreted in light of their new, transnational setting. This contribution concludes with a series of recommendations for a revised European framework for choice of forum in criminal matters.

  16. 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

  17. 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

  18. Rawls and the Aristotelian Principle An Approach to the Idea of the Good in A Theory of Justice

    Directory of Open Access Journals (Sweden)

    Pablo Andrés Aguayo Westwood

    2014-12-01

    Full Text Available In order to ground and reinforce his theory of primary goods, J. Rawls introduces the idea of the “Aristotelian principle” in §65 of A Theory of Justice. The article discusses the difficulties entailed by the acceptance of this notion, as well as the limitations of the idea of the good underlying that principle. The objective is to show that the conception of the good presented by Rawls is affected by “moral insufficiency” and to argue in support of the thesis that his approach to the idea of the good overshadows the practical dimension of rationality.

  19. 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…

  20. 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

  1. 罗尔斯的正义原则及其平等观%John Rawls' Principles of Justice and Equality Concept

    Institute of Scientific and Technical Information of China (English)

    卢智增

    2012-01-01

    罗尔斯的正义理论的核心是两个正义原则,第一个是平等自由原则,第二个是机会的公正平等原则与差别原则的结合。两者之间以“词典式”次序排列,并且都蕴含着丰富的平等观念,从而完成了西方政治哲学主题由自由向平等的转换。%The core of Rawls' theory of justice is two principles of justice, the first principle is equality and freedom, the other is the combination "dictionary" order and contains the concept theme by the freedom to equality. of the fair principle and the difference principle. It arranges in a of equality, complete the conversion of western political philosophy

  2. 基于贡献原则的幼儿分配公平性%Distributive Justice of Young Children Based on the Principle of Equity

    Institute of Scientific and Technical Information of China (English)

    张雪; 刘文; 朱琳; 张玉

    2014-01-01

    Distributive justice concerns how individuals distribute resources in a fair manner, including three main principles: equity, equality and need. Firstly, we review the concepts and principles of distributive justice based on the equity principle. Secondly, the paper examines the characteristics of distributive justice judgment and behavior on young children, with conclusion that young children could perform distributive justice judgment and behavior. Then the paper examines the factor influencing the development of children’s distributive justice including theory of mind and situational involvement level from two key aspects of cognitive and emotional processing. Finally, the paper calls for future research to focus on the specific content, exploring the developmental characteristics, influencing factors and internal mechanism of young children's distributive justice based on the principle of equity.%分配公平性是指个体如何以公平的方式对资源进行分配,其主要依据3个原则:贡献(equity)、平等(equality)和需要(need)。最新研究表明,幼儿很早就已经具有基于贡献原则的分配公平性判断与行为,双加工理论对于该研究结果能够给出更为适当的解释,心理理论与情境卷入水平分别从认知和情绪方面对幼儿分配公平性的发展有着重要影响。未来研究应注重研究内容的具体化,对幼儿基于贡献原则的分配公平性发展特点、相关影响因素及其内部动机进行深入探究。

  3. 论社会正义原则进化史纲%A Study of Evolutionary Rules for Social Justice Principles

    Institute of Scientific and Technical Information of China (English)

    李哲罕

    2015-01-01

    社会正义原则即如何在社会成员之间正义地分配利益与负担(或两者),它需要在"应得"、"需要"和"平等"三者之间获得平衡. 但更为重要的是,社会正义原则关乎的是人的尊严和良善的生活. 社会正义原则进化史可以分为三部分:一是社会正义原则主体进化史:从分配原则到社会正义原则和全球正义原则;二是社会正义原则主体意识进化史:从先验主体、类存在到主体间性;三是社会正义原则论证进化史:从实质性到形式性.社会正义原则正是经历过这样一个漫长的进化史之后,才获得了现在这般较为完善的形式.%Social justice principle is defined as a principle, which can distribute justly the interests and the burdens ( or both) among the members of one society. It should keep a balance between"deserved","needed"and "equalized". More importantly, social justice principle is concerned about human dignity and good life. The evolution of social justice principle can be divided into three parts:(1) the evolution of the subject:from distri-bution principle to social justice principle and global justice principle; ( 2 ) the evolution of the subject con-sciousness:from transcendental subject (ego), species-being to inter-subjectivity;and (3) the evolution of the arguments:from the material to the formal. Social justice principle has become a better version as it is now after this long process of evolution.

  4. 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.

  5. 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…

  6. 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

  7. 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.

  8. toward a curriculum for justice

    African Journals Online (AJOL)

    profound justice; i.e. justice that is based on reasonableness and, more ... way to conduct a curriculum enquiry, since it acknowledges the crisis of ..... The principle of having a caring curriculum necessitates that we create learning-teaching.

  9. 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.

  10. 马克思正义视域下的我国分配正义原则探析%Analysis of the Principles of Distributive Justice in China from the Perspective of Marx' s View of Justice

    Institute of Scientific and Technical Information of China (English)

    舒前毅; 卓铭

    2012-01-01

    Marx believes that social production determines distribution of the justice of social income distribution and that it is organic unity of social productive forces and relations. China's current distributive justice must adhere to Marxist concept of historical one. In particular, it should persist in the following three principles. Briefly, social distribution is consistent with social production and the size of contribution and also combined with social security. These principles must be an organic unity and indispensable.%马克思认为,社会生产决定社会分配的正义属性,而社会生产是生产力和生产关系的有机统一。我国现阶段的分配正义必须以马克思的历史正义观为指导,具体地讲,就是要坚持如下三个原则,即社会分配与社会生产相一致原则、社会分配与贡献大小相一致原则和社会分配与社会保障相结合原则。上述三项原则必须做到有机统一,缺一不可。

  11. 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.

  12. 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 –

  13. Organizational Justice in Schools: No Justice without Trust

    Science.gov (United States)

    Hoy, Wayne K.; Tarter, C. John

    2004-01-01

    The concept of organizational justice is defined, and, based on a review of the literature, ten principles of organizational justice are elaborated. Similarly, the elements of faculty trust are conceptualized and discussed. Then, a model of organizational justice and trust is proposed and tested using path analysis. The results underscore the…

  14. Optimal Social Management Rules Is Not Equal to the Basic Principles of Justice:Cohen’s Criticism on Justice Constructivism of Rawls%最优的社会管理规则不等于正义的基本原则--柯亨驳罗尔斯的正义建构主义

    Institute of Scientific and Technical Information of China (English)

    王增收; 柯林霞

    2014-01-01

    In A Theory ofJustice,Rawls proposes a method-constructivism to obtain the principle of social justice.In or-der to fully demonstrate the Rawls principle that justice contains unjust element,in the book named Rescuing Justice and Equality,analytical Marxism representative G.A.Cohen criticizes the constructivist method which Rawls used to obtain the principle of social justice.Cohen logically proposes and proves a“fact-insensitive”proposition about the relationship between facts and principles,and then argues that there are two kinds of confusion in Rawls’s principle of justice.Final-ly he believes that it is the confusion that caused Rawls mistook optimal social management rules as the basic principles of justice.This paper introduces several representative scholars’comment on Cohen.%罗尔斯在《正义论》中提出了一种用来获取社会正义原则的建构主义方法。为了全面论证罗尔斯正义原则所包含的不正义,分析马克思主义学派代表人物G.A.柯亨在《拯救正义和平等》一书中论证了该方法没有资格用来获取正义的基本原则。他逻辑上首先提出并论证了事实与原则关系的“非敏于事实”命题,即为了反映事实,那些反映事实的原则必须反映那些不反映事实的原则;然后以此命题为基础具体指证了罗尔斯正义建构主义中存在的两个混淆:把社会管理规则等同于基本原则,把服务于正义价值的原则等同于服务于其他价值的原则;最后得出结论认为正是这两个混淆导致了罗尔斯把最优的社会管理规则当作了正义的基本原则。为此,介绍了英语世界中几位有代表性的学者对柯亨这一批判的评论。

  15. JUSTICE FOR DISABLED PERSONS

    OpenAIRE

    Brčić Kuljiš, Marita

    2014-01-01

    Symbol of justice is a blindfolded lady. Blind to all diversity, it provides impartial law and equal treatment for all citizens. Their rationality, cooperativeness, autonomy and independence confirm their legal equality. However, what about the people who, for various reasons, do not meet those conditions? Can a political community apply the principles of (political) justice to them? Does it relate to them unfairly excluding them from political relationships or building relationships with the...

  16. Considerations on the Contribution of the UE Court of Justice related to the Uniform Application of the Community Regulations on the Principle of Equal Remuneration for Equal Work Irrespective of Sex

    Directory of Open Access Journals (Sweden)

    Alina Livia Nicu

    2013-03-01

    Full Text Available The Court of Justice of the European Union is the community institution that, through its jurisprudence, has formulated principles that have directly influenced the social relations between the member states of the Union concerning the transposition into practice of community regulations, even determining modifications in the national legislation or in the community legislation. This paper aims at offering the interested readers a systematization of the main opinions with law principle value, formulated by the Court and consecrated as a fact in its decisions regarding the principle of equal pay for equal work of employees, irrespective of sex

  17. Age Friendly Universities and Engagement with Older Adults: Moving from Principles to Practice

    Science.gov (United States)

    Talmage, Craig A.; Mark, Rob; Slowey, Maria; Knopf, Richard C.

    2016-01-01

    The global society is facing a new burgeoning element: an ageing population. Response to the educational needs and interests of older adults requires innovative pedagogies and practices of teaching, research, and community engagement. While traditionally geared towards provision for younger adults, the case is presented that universities have the…

  18. The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice

    OpenAIRE

    2013-01-01

    The aim of this paper is to present the regulation of sustainable development on international level. The sustainable development was defined in the middle of 1980s and from that moment it incites discussions among lawyers about its relevance in international law. Some authors state that it is not a fully formed principle but that it is in the process of creation. The exception from this opinion is the position of the Judge Weeramantry in the Case Gabčíkovo-Nagymaros before the International ...

  19. Community-based applied research with Latino immigrant families: informing practice and research according to ethical and social justice principles.

    Science.gov (United States)

    Baumann, Ana; Domenech Rodríguez, Melanie; Parra-Cardona, José Rubén

    2011-06-01

    This manuscript describes the implementation of two community-based programs of research with Latino immigrant populations exposed to intense contextual challenges. We provide background on our program of research and specific implementation of an evidence-based parenting intervention. We also describe how our research efforts were seriously affected by immigration-related events such as the ICE raids in Utah and a history of discrimination and exclusion affecting Latino immigrants in Michigan. These external political and social challenges have affected the very core principles of our efforts to implement community-based approaches. The current manuscript describes key lessons that we have learned in this process. Finally, reflections for research, practice, and social policy are included.

  20. Reforming Our Expectations about Juvenile Justice

    Science.gov (United States)

    Rodriguez, Pamela F.; Baille, Daphne M.

    2010-01-01

    Typing the term "juvenile justice reform" into a Google[TM] search will result in 60 pages of entries. But what is meant by juvenile justice reform? What does it look like? How will one know when it is achieved? This article defines juvenile justice reform, discusses the principles of effective reform, and describes the practice of juvenile…

  1. 罗尔斯正义原则对我国构建社会公平保障体系的镜鉴作用%Mirror Effects of Rawls Justice Principles on the Construction of Chinese Social Justice Security System

    Institute of Scientific and Technical Information of China (English)

    廖小明

    2015-01-01

    公平正义是全面小康社会的重要价值目标和现实诉求。中共十八大报告提出的构建社会公平保障体系的目标指明了建成全面小康社会进程中公平正义的努力方向。罗尔斯正义原则强调自由权利的平等和有差别的机会平等,强调社会制度应彰显正义价值:即必须有效彰显社会主义制度体系的正义价值;必须倡导和弘扬公平正义的社会价值观,为形成规范人们各种非正义行为的规则体系提供重要条件;必须有效创设正义的社会制度调节社会分配中的事实不平等,实现有差别的平等;必须充分发挥国家在促进社会公平正义中的重要作用。这对构建社会主义社会公平保障体系具有重要镜鉴作用。%Fairness and justice are the important value goals and the practical demands of the all-round well-off society. The report of the Eighteenth National Congress of the CPC proposes the goals of constructing the social justice security system which indicates the direction of completely constructing the fairness and justice during the process of building up well-off society. Rawls justice principles emphasizes the equality of freedom rights and differential opportunity, the necessity of highlighting the value of justice for the society system which will play a mirror role for constructing the socialist society justice security system:it's essential to effectively highlight the value of justice of socialist system; to propose and carry forward the social values of social fairness and justice for providing the important condition for forming the regulation system of the injustice; to effectively set up justicial social system to regulate the inequality in social distribution and to realize the differential equality;and to stress the important role that the state is playing in the fairness and justice.

  2. Journals and Justice.

    Science.gov (United States)

    Curzer, Howard J.

    1996-01-01

    Addresses the process of journal deselection from the point of view of justice and argues that when journal cuts are necessary, libraries should first, reduce all departments to core holdings; second, ask departments with expensive journals for permission to implement an efficiency principle; third, if refused permission, implement an equal…

  3. THE “NE BIS IN IDEM” PRINCIPLE IN THE CASE-LAW OF THE EUROPEAN COURT OF JUSTICE (II. THE ‘FINAL JUDGMENT’ AND ‘ENFORCEMENT’ ISSUES

    Directory of Open Access Journals (Sweden)

    Norel NEAGU

    2012-11-01

    Full Text Available Two major events occurred in the recent years have triggered a series of cases in the field of criminal law, having transnational dimension and requiring an identical interpretation of the European law in the Member States. The first one is the “communautarisation” of the Schengen Aquis. The second one is the extension of the jurisdiction of the European Court of Justice over the (former third pillar (Police and Judicial Cooperation in Criminal Matters. As a result, several cases were referred to the European Court of Justice for the interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters. This article gives a general overview of the case-law of the European Court of Justice in the field of ‘ne bis in idem’ principle, shortly presenting the legal framework, the facts, the questions addressed to the Court by the national jurisdictions, the findings of the Court, as well as some conclusions on the interpretation of the principle. In this second study on the ‘ne bis in idem principle’ we will deal with the notion of ‘final judgment’ and ‘enforcement’ issues.

  4. Social position, ideology, and distributive justice

    NARCIS (Netherlands)

    L. d' Anjou (Leo); A.J. Steijn (Bram); D. van Aarsen (Dries)

    1995-01-01

    textabstractThis paper addresses two important questions regarding distributive justice. First we ask whether people use standards or principles of distributive justice regarding the allocation of income. The study confirms our expectation that there are at least two principles, viz., the merit and

  5. 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

  6. Justice sociale

    OpenAIRE

    Jacquemain, Marc

    2007-01-01

    At first glance "social justice" cannot be considered as a "new word of power" since all powers have been reluctant to apply social justice. But if it is used to organize the "evaporation" of the reflexion on equality, then it can take a clearly conservative tone

  7. 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…

  8. 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......, Andrew Williams points to a gap in Cohen's argument, alleging that Cohen's interpretation of the difference principle is unlikely to be compatible with the Rawlsian endorsement of publicity. Having explored a possible extrapolation of Cohen's critique to aggregate consumer choices and a resulting...... extension of Williams's charge that the difference principle, on Cohen's reading, fails to meet the publicity constraint because of its informational demandingness, I defend three claims: (a) it is doubtful that Rawls endorses a publicity constraint of the sort that would rule out Cohen's interpretation...

  9. Chinese New Rural Cooperative Medical System under the Justice Principle%正义原则视域下我国的新型农村合作医疗制度

    Institute of Scientific and Technical Information of China (English)

    蔡滨; 张莹; 柏雪; 王俊华

    2011-01-01

    This article regards Rawls theory of justice as the theoretical foundation. Through the analysis of two principles of justice, government should link new rural cooperative medical system with two principles. It is available by enlarge the coverage, increasing government spending, and the union between the medical aid system and the new rural cooperative medical system to achieve the convergence point of view to improve the new rural cooperative medical system and promote the construction of fairly and justly harmonious society.%以罗尔斯的正义论为理论基础,通过对正义论自由平等原则、差异性原则的分析,指出新型农村合作医疗制度运行时必须贯彻两大原则.并从扩大覆盖面、加大政府投入、实现与医疗救助制度的衔接等角度提出了进一步完善新型农村合作医疗制度的路径,以推动公平正义的和谐社会构建.

  10. Rawlsian justice and welfare-state capitalism

    OpenAIRE

    Yuen, Ho-yin; 袁浩然

    2014-01-01

    Rawls emphasizes in his later writings that his theory of justice as fairness is not a defense of welfare-state capitalism. He argues that welfare-state capitalism cannot be an acceptable regime for justice as fairness because its ideal institutional description fails to satisfy the two principles of justice in various ways. Against Rawls, I argue in this thesis that his rejection of welfare-state capitalism is not justified. I begin by clarifying an ambiguity regarding what arrangements...

  11. The Dutch criminal justice system : third edition

    NARCIS (Netherlands)

    Tak, P.J.P.

    2008-01-01

    This book covers both the organization of the present Dutch criminal justice system and the main procedures used within the system. It deals with the basic principles that guide the operation of the Dutch criminal justice system. The latest statistical information available is that of the year 2006.

  12. 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…

  13. SEEKING JUSTICE, GUARANTEEING PROTECTION AND ENSURING DUE PROCESS: ADDRESSING THE TENSIONS BETWEEN EXCLUSION FROM REFUGEE PROTECTION AND THE PRINCIPLE OF UNIVERSAL JURISDICTION

    NARCIS (Netherlands)

    J.D. Handmaker (Jeff)

    2003-01-01

    textabstractEfforts to secure protection for refugees in the Netherlands are being undermined by over-enthusiastic use of the exclusion principle in refugee status determination procedures. Inappropriate use of the exclusion principle is tied to accelerated (albeit ineffective) efforts to secure jus

  14. SEEKING JUSTICE, GUARANTEEING PROTECTION AND ENSURING DUE PROCESS: ADDRESSING THE TENSIONS BETWEEN EXCLUSION FROM REFUGEE PROTECTION AND THE PRINCIPLE OF UNIVERSAL JURISDICTION

    NARCIS (Netherlands)

    J.D. Handmaker (Jeff)

    2003-01-01

    textabstractEfforts to secure protection for refugees in the Netherlands are being undermined by over-enthusiastic use of the exclusion principle in refugee status determination procedures. Inappropriate use of the exclusion principle is tied to accelerated (albeit ineffective) efforts to secure

  15. 76 FR 60590 - Environmental Justice; Proposed Circular

    Science.gov (United States)

    2011-09-29

    ... Departments of Transportation, Metropolitan Planning Organizations, public transportation providers, and other... review DOT's complete Privacy Act Statement published in the Federal Register on April 11, 2000 (65 FR.... Chapter IV--Integrating Principles of Environmental Justice in Transportation Planning and...

  16. 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.

  17. Postradiation Osteosarcoma in an Older Prostate Cancer Survivor: Case Study and Literature Review with Emphasis on Geriatric Principles

    Directory of Open Access Journals (Sweden)

    Divya Gumber

    2013-05-01

    Full Text Available The aging population and the increasing number of cancer survivors will likely be associated with more second primary malignancies due to prior cancer treatment. Since the incidence of most cancers increases with age, these treatment-associated second malignancies will likely disproportionately impact older adults. Here, we present the case of a 78-year-old man with a history of localized prostate cancer treated with external beam radiation therapy 11 years prior, who developed osteosarcoma of the ilium. Geriatric screening showed a fit older male with few comorbidities, functional independence and no other geriatric syndromes. Given the patient's preference for a limb-sparing operation, neoadjuvant chemotherapy was undertaken. With the paucity of clinical trial data on osteosarcoma in older adults, the patient was given a regimen of carboplatin (substituted for cisplatin, doxorubicin and methotrexate. Unfortunately, he developed methotrexate-induced acute kidney injury. Chemotherapy was discontinued, and he proceeded to hemipelvectomy. His postoperative course was marked by numerous complications, including delirium, depression and recurrent hospitalizations. He ultimately developed a local recurrence and elected for hospice care. This case highlights the challenges of managing older adults with treatment-associated malignancies. Clinicians face a lack of clinical trial data from which to extrapolate limitations of therapeutic options because of prior therapy and a limited ability to precisely predict which elders will experience adverse outcomes. Better approaches are needed to help older patients make decisions which fulfill their goals of care and to improve the care of older adults with treatment-associated malignancies.

  18. Beneficence, justice, and health care.

    Science.gov (United States)

    Kelleher, J Paul

    2014-03-01

    This paper argues that societal duties of health promotion are underwritten (at least in large part) by a principle of beneficence. Further, this principle generates duties of justice that correlate with rights, not merely "imperfect" duties of charity or generosity. To support this argument, I draw on a useful distinction from bioethics and on a somewhat neglected approach to social obligation from political philosophy. The distinction is that between general and specific beneficence; and the approach from political philosophy has at times been called equality of concern. After clarifying the distinction and setting out the basis of the equality of concern view, I argue that the result is a justice-based principle of "specific" beneficence that should be reflected in a society's health policy. I then draw on this account to criticize, refine, and extend some prominent health care policy proposals from the bioethics literature.

  19. Deconstruction of Justice and the Construction of Marxist Justice Principles%正义的解构与马克思主义正义原则的建构

    Institute of Scientific and Technical Information of China (English)

    林育川

    2016-01-01

    马克思批判正义主要是基于历史唯物主义理论对近代正义观的解构,此种解构不同于对正义的拒斥,而是为近代正义概念界定其基础与功能。当然,马克思在其文本中也有明确拒斥正义观念的表述,不过其背后的理据则是并不坚实的事实性预判而非历史唯物主义理论。遗憾的是,学界过度关注于马克思对正义的拒斥并且错误地将其作为马克思对待正义的真正态度。反之,如果将马克思批判正义的理据正确地锚定在其解构逻辑之上,则可以更为清晰地厘清马克思的历史唯物主义理论与规范正义原则之间的兼容性,并据以尝试性地提出一种契合于历史唯物主义的马克思主义正义理论的建构思路。%There are two related popular issues in current Marxist research as follows:why Marx criti-cizes j ustice? Whether it is possible to construct a Marxist j ustice theory? By focusing on these two is-sues,this article argues that Marx�s critique of j ustice primarily aims at the deconstruction of modern theory of j ustice based on his theory of historical materialism.Marx�s deconstruction of j ustice cannot be taken as his rej ection of j ustice but rather his efforts to clarify the foundation and function of the concept of j ustice.It�s true that Marx does rej ect the concept of j ustice in some of his works,but such statements are based on his unreliable factual j udgments about the future instead of his theory of his-torical materialism.It�s a pity that some scholars seem to overestimate Marx�s rej ection of j ustice,tak-ing it as his overall attitude towards j ustice.On the contrary,if we realize that his critique mainly relies on his deconstruction of the concept of j ustice,we can make a better understanding about the compati-bility between Marx�s historical materialism and normative j ustice principles,and further construct a certain kind of Marxist j ustice principles that

  20. Thought Experiments:Logic of Rawls’Principle on Justice---Also on A Theory of Justice and the recovery of political philosophy%思维实验:罗尔斯正义原则的论证逻辑--兼谈《正义论》与政治哲学的复兴

    Institute of Scientific and Technical Information of China (English)

    邱雨

    2016-01-01

    Political philosophy of the mid-20th century has been strongly criticized by Behaviorism and the latter one holds the view that a genuine politics should be value-neutral political science , which directly led to the decline of political philosophy. By Rawls’ A Theory of Justice as the representative, political philosophy began to revival. Rawls’ logical argument of the principles of justice is beyond the logic of the classical theory of contract and utilitarian. The “thought experiment” method has the features of non-self-evident, which can be repeated and the conclusion is unique, which is beyond the traditional political philosophy. Although the voice is various, most scholars admit that the logic of the argument has a strong persuasion.%20世纪中期的政治哲学受到了来自行为主义的强烈批判,后者认为真正的政治学应当是价值中立的政治科学,这直接导致了政治哲学的衰落。以罗尔斯的《正义论》为代表,政治哲学走上了复兴的道路。罗尔斯对于正义原则的论证逻辑,超越了古典契约论和功利主义的论证逻辑,其“思维实验”的方法具有非自明性、可反复性、结论唯一性等特点,这是其对传统政治哲学的超越。尽管赞成与反对的声音不一,但是大部分学者都承认其论证逻辑有着较强的说服力。

  1. 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

  2. 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…

  3. 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…

  4. Distributive justice through taxation: European perspective

    OpenAIRE

    Ribeiro, João Sérgio

    2006-01-01

    This article elaborates on the possibility of having distributive justice through taxes at European level. That possibility will be based on the verification of a set of conditions such as fiscal sovereignty, political community, welfare model; and personal taxes, which, according to the author, must be present at the level of the European Union in order to achieve that normative principle (distributive justice). Throughout the discussion, upon acknowledgement that those requirements are stil...

  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. The Concept of Justice: Argumentation and Dialogism

    Directory of Open Access Journals (Sweden)

    Ana Lúcia Tinoco Cabral

    2014-06-01

    Full Text Available This paper presents a reflection attempting to situate the concepts of justice and argumentation in Perelman’s approach in dialogue with the Bakhtin Circle’s theories. For this purpose, it analyses the concept of justice, deals with the concept of argumentation in order to situate its field and to emphasize how it supports the concept of justice, highlights the ethical and dialogical aspects of legal argumentation, establishing connections between Perelman’s ideas and dialogic principles of language, and, finally, attempts to show how different voices intersect in the argumentative confrontation through the analysis of two excerpts of legal discourses.

  7. PUBLIC EQUALITY, DEMOCRACY AND JUSTICE

    Directory of Open Access Journals (Sweden)

    Ivan Mladenović

    2016-07-01

    Full Text Available This paper examines the principle of public equality which, according to the view Thomas Christiano defends in his book The Constitution of Equality: Democratic Authority and Its Limits, is of central importance for social justice and democracy. Christiano also holds that the authority of democracy, and its limits, are grounded in this principle. Christiano’s democratic theory can be, broadly speaking, divided in two parts. The first part deals with the derivation and justification of the principle of public equality. The second part argues why and how the authority of democracy, and its limits, are based on this principle. This article will deal only with the first part of Christiano’s theory. While I believe that the second part is crucially important for Christiano’s democratic theory, I think that before examining the role of the principle of public equality, it is necessary to examine its nature. For that reason, this paper deals primarily with the nature of the principle of public equality as the requirement of social justice and the basis for the justification of democracy.

  8. [Financial and economic principles of assessing enterprises' insurance premium for mandatory social worker's compensation].

    Science.gov (United States)

    Petrosiants, E V; Bal'nova, L G

    2000-01-01

    The authors analyzed present enterprises' insurance premiums, pointed out the associated drawbacks, defined main financial and economic principles underlying determination of enterprise's insurance premium (principle of sufficiency, principle of justice, principle of collective responsibility and principle of stimulation).

  9. GMOs and Global Justice

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    2012-01-01

    claims to justice. This article investigates how GMOs might generate claims to global justice and what type of justice is involved. The paper argues that the debate on GMOs and global justice can be categorized into three views, i.e., the cosmopolitan, the pluralist, and the sceptic. The cosmopolitan...... on the premise that global cooperation on GMO production provides the relevant basis for assessing the use of GMOs by the standard of global distributive justice....

  10. The claiming of the principle of proportionality: the acces of justice in the constitution O (re clamar do princípio da proporcionalidade: acesso à justiça na constituição

    Directory of Open Access Journals (Sweden)

    Valéria Ribas do Nascimento

    2007-12-01

    Full Text Available The constitutional principles possess determinative action in the effectiveness of all legal system. They act as the starting point for the interpretation of the constitutional and infraconstitutional rules. Amongst the principles that integrate the Constitutional Law, the principle of the proportionality receives more prominence, also in the jurisprudence of the Supreme Federal Court. This principle is not approved explicitly by the Constitution, but it exists in the legal world through hermeneutic process. Therefore is the necessity of verifying the effectiveness of this principle and its relation with the basic rights, through the study of the Constitution and the jurisprudence of the Supreme Federal Court. Thus, the present subject is of great relevance, so that, it approaches, regarding the solution of conflicts referent to the basic rights, as well as the access to justice in the Constitution. It acts, therefore in the protection of rights considered relevant for individuals and, consequently for the society. Being this afore stated, the importance of this principle is observed, directly related to the effectiveness of the guarantees of the individuals and to the promises of the Brazilian Democratic State. The used methodology is the dialectic that starts from the contraposition of ideas between different authors.Os princípios constitucionais possuem ação determinante na efetivação de todo o ordenamento jurídico. Eles atuam como ponto de partida para a interpretação das normas constitucionais e infraconstitucionais. Dentre os princípios que integram o Direito Constitucional, ganha cada vez mais destaque, inclusive na jurisprudência do Supremo Tribunal Federal, o princípio da proporcionalidade. Este princípio não é consagrado explicitamente pela Carta Constitucional, mas existe no mundo jurídico através do processo hermenêutico. Por isso a necessidade de se verificar a efetividade desse princípio e sua relação com os

  11. Justice implications of a proposed Medicare prescription drug policy.

    Science.gov (United States)

    Larkin, Heather

    2004-07-01

    Social justice is a core value to the mission of social work. Older people are among the most vulnerable populations for whom social workers are called on to advocate. Although Medicare prescription drug coverage has been a top legislative issue over the past few years, such a benefit expansion has yet to be implemented. This article examines the historical context of Medicare and reviews the proposals for prescription drug coverage, identifying the concerns raised. Literature critiquing the justice dimensions of health care for the elderly population is reviewed. Justice claims are identified and refined, and social justice theories are used in the analysis of the proposed policies.

  12. 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...

  13. 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…

  14. 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…

  15. University Preparation of Social Justice Leaders for K-12 Schools

    Science.gov (United States)

    Woods, Rosmary Sandie M.

    2012-01-01

    The purpose of this study was to examine the social justice principles embedded in California State University (CSU) Educational Administration Preparation Programs. More specifically, this study explored the intended, implemented, and assessed curriculum relative to social justice and critical consciousness, and investigated if differences exist…

  16. Preservice Teachers' Perspectives on Their Preparation for Social Justice Teaching

    Science.gov (United States)

    Ajayi, Lasisi

    2017-01-01

    This study investigates preservice teachers' perspectives on their preparation to use social justice teaching in rural schools, how they implemented the concept in their classrooms, and the challenges they faced. The findings suggest that even though coursework may have prepared the participants to integrate social justice principles and practices…

  17. Justicia = Justice. Level II. Student Book and Teacher's Edition.

    Science.gov (United States)

    Center for Civic Education, Calabasas, CA.

    This curriculum is designed to help students understand and apply basic principles and considerations useful in examining issues of justice so they can determine for themselves what would be just in a particular situation. From such activities, students should gain an increased awareness of the importance of justice in their own lives and its…

  18. Justicia = Justice. Level II. Student Book and Teacher's Edition.

    Science.gov (United States)

    Center for Civic Education, Calabasas, CA.

    This curriculum is designed to help students understand and apply basic principles and considerations useful in examining issues of justice so they can determine for themselves what would be just in a particular situation. From such activities, students should gain an increased awareness of the importance of justice in their own lives and its…

  19. The Role of Universities in Achieving Social Justice

    Science.gov (United States)

    Jiang, Kai

    2009-01-01

    Social justice is not only a vital ethical principle of the human society but also the all-important value of the entire social system. As a public sphere, the university undertakes the purpose to achieve public interest. It plays a significant role in reflecting, defending, and fostering social justice. Nurturing people with social justice…

  20. 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.  

  1. 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…

  2. Crippling Sexual Justice

    DEFF Research Database (Denmark)

    Stormhøj, Christel

    2015-01-01

    . The article develops a normative and analytical framework, encompassing the multiple structural conditions, the virtues of citizens, and the emotional dimension of belonging, which enable or hamper justice. It integrates theories of democratic citizenship, belonging, and social justice, and provides...

  3. Advancing Women's Social Justice Agendas: A Feminist Action Research Framework

    OpenAIRE

    Colleen Reid

    2004-01-01

    Feminist action research is a promising, though under-developed, research approach for advancing women's health and social justice agendas. In this article the foundations, principles, dimensions, promises, and challenges of engaging in feminist action research are explored.

  4. Social Justice and Social/Political Education: A Theoretical Exploration.

    Science.gov (United States)

    Cohn, Ted

    1983-01-01

    Social/political education programs need an epistemological underpinning of clearly articulated principles of social justice--e.g., Rawls' two principles. However, such principles require operationalisation. Habermas' extension of Kohlberg's theory of moral development would provide a viable theoretical framework for the development of a…

  5. Justice in context: assessing contextualism as an approach to justice

    Directory of Open Access Journals (Sweden)

    Michael Buckley

    2012-05-01

    Full Text Available Moral and political philosophers are increasingly using empirical data to inform their normative theories. This has sparked renewed interest into questions concerning the relationship between facts and principles. A recent attempt to frame these questions within a broader approach to normative theory comes from David Miller, who has on several occasions defended ‘contextualism’ as the best approach to justice. Miller argues that the context of distribution itself brings one or another political principle into play. This paper examines this claim. It considers several plausible strategies for carrying out Miller's general project and argues that each strategy fails. Nevertheless, the author maintains that an investigation into why they fail paves the way for a philosophically plausible account of the relationship between facts and principles.

  6. Juvenile Justice in Milwaukee

    Science.gov (United States)

    Williams, Gary L.; Greer, Lanetta

    2010-01-01

    Historically, there have been several attempts made to address issues surrounding juvenile delinquency. The Wisconsin Legislature outlines the objectives of the juvenile justice system in the Juvenile Justice Code in s. 939.01, ?to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will…

  7. Models of distributive justice.

    Science.gov (United States)

    Wolff, Jonathan

    2007-01-01

    Philosophical disagreement about justice rages over at least two questions. The most immediate is a substantial question, concerning the conditions under which particular distributive arrangements can be said to be just or unjust. The second, deeper, question concerns the nature of justice itself. What is justice? Here we can distinguish three views. First, justice as mutual advantage sees justice as essentially a matter of the outcome of a bargain. There are times when two parties can both be better off by making some sort of agreement. Justice, on this view, concerns the distribution of the benefits and burdens of the agreement. Second, justice as reciprocity takes a different approach, looking not at bargaining but at the idea of a fair return or just price, attempting to capture the idea of justice as equal exchange. Finally justice as impartiality sees justice as 'taking the other person's point of view' asking 'how would you like it if it happened to you?' Each model has significantly different consequences for the question of when issues of justice arise and how they should be settled. It is interesting to consider whether any of these models of justice could regulate behaviour between non-human animals.

  8. Taiwanese employees' justice perceptions of co-workers' punitive events.

    Science.gov (United States)

    Chi, Shu-Cheng; Lo, Hsin-Hsin

    2003-02-01

    The authors examined justice perceptions of Taiwanese employees in response to co-workers' punitive events (punishment by a superior). They developed a hypothesis based on Chinese indigenous wu-lun principles and the concept of empathy. Results of the study showed that perceived vertical (between superior and subordinate) and horizontal (between subordinates) relationships jointly affected justice perceptions. Respondents who perceived low (negative) leader-member exchange with the superior and high (positive) liking of the punished person showed the lowest justice perceptions. In conclusion, the authors note that comparative analysis of organizational justice is a promising direction for future research.

  9. Landscapes, Spatial Justice and Learning Communities

    Science.gov (United States)

    Armstrong, Felicity

    2012-01-01

    This paper draws on a study of a community-based adult education initiative, "Cumbria Credits," which took place during the period of serious economic decline which hit sections of the farming and the wider community in Cumbria during 2001. It draws on the principles underpinning Edward Soja's notion of "spatial justice" to explore transformations…

  10. Miscarriages of justice: the role of homicide review.

    Science.gov (United States)

    Jones, Dean

    2011-04-01

    Miscarriages of justice within the United Kingdom have received much publicity since the early nineties and served to undermine confidence in the Criminal Justice system. One fairly recent activity on the part of the Association of Chief Police Officers which has served to reduce the likelihood of such miscarriages is the principle of the review of major crime investigations and in particular murder inquiries. This paper reflects upon the possible causes of flawed investigations which have led to miscarriages of justice over the recent past and refers to the major academic work which supports the principle of reviewing murder inquiries.

  11. Leadership for Social Justice: Social Justice Pedagogies

    OpenAIRE

    Bogotch, Ira; Reyes-Guerra, Daniel

    2014-01-01

    The relationship between educational leadership and practices of social justice is now entering its second decade with respect to empirical research studies. There have been three distinct research agendas: the first involves attempts to define the meaning(s) of educational leadership for social justice; the second is the descriptive documentation of school leadership behaviors which address social injustices and inequities within schools; and, the third focuses on the development of leadersh...

  12. Inequality, Social Justice and Welfare

    Directory of Open Access Journals (Sweden)

    Elena S. Averkieva

    2016-09-01

    Full Text Available Researching the redistribution processes in the framework of welfare economics is primarily carried out through the analysis of implementation opportunity of the social justice principle. Distributive justice involves the redistribution of income and resources in proportion to certain criteria. However, there is still no consensus on these criteria, which would clearly judge the fairness of the distribution.Individual needs, rights, desert or specific contributions of citizens in the development of society, the product outcomes, and many others can be served as the justice criteria. According to an egalitarian tradition, if not identified relevant distinguishing criteria, we can talk about the existence of the presumption of equality. Establishing equality means the advantages elimination of one individual over others. The paper attempts to analyze the egalitarian policies measures to implementation of equal opportunities, treatment and results, which ideally should neutralize all negative effects of a high degree of social inequality and achieve the desired goals of social policy. The paper also provides the argument concerning the realization possibility of the general equality idea. The author focuses on the existence of the exclusions in the equality policy - on the idea of «positive discrimination», which determines the appearance of conflicts between individual and public interests.

  13. Role of Government Inquiry for the Protection of Land-lost Peasants' Employment in the Rapid Urbanization---Based on the Analysis of Rawls' Justice Principle%快速城镇化进程中保障失地农民就业的政府角色定位--基于罗尔斯的正义原则分析

    Institute of Scientific and Technical Information of China (English)

    张映芹; 赵瑾

    2015-01-01

    the land-lost farmer is a special group which accompanied by the development policy of rapid urbanization in China. In order to guarantee the employment of this group, make the "most disadvantaged" group has a right to freedom and equality, the government should act as important role. Based on the principle of Rawls' justice and the fair timing point of view that the government should act as three roles, supporters for starting justice, guide and coordinator for process and guar-antor for justice of result.%失地农民这个特殊群体是伴随我国快速城镇化的发展政策产生的,保障这个群体的就业,使这个社会“最不利者”群体享有自由和平等,政府理应充当重要的角色。本文基于罗尔斯正义原则的启示,从公平时序性角度出发,认为政府对失地农民应充当三种角色,即起点公平的支持者、过程公平的引导者和协调者、结果公平的保障者。

  14. ADMINISTRATIVE JUSTICE IN POLAND

    Directory of Open Access Journals (Sweden)

    J. Turłukowski

    2016-01-01

    Full Text Available This article begins with an analysis of the development of administrative justice in Poland over the last centuries. In particular, the author examines administrative jurisdiction before 1918, when Poland regained its independence, the period of the Duchy of Warsaw, the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian control. The author then moves to modern law by presenting the judicial system in Poland in general, especially the differences between the separate systems of general courts and administrative courts, and analyses the jurisdiction of voivodship (regional administrative courts, and the basic principles of judicial and administrative proceedings. The focus of study is mainly devoted to judicial and administrative procedure, rather than an administrative process of citizens before administrative authorities regulated in a separate Code of Administrative Procedure. The article describes the role of the judge (pointing out the differences between the active role of first instance judges and the limited capabilities of the judges of the appeal and the powers of the Supreme Court, in particular its power to adopt resolutions, which has agreat importance for the unification of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal system are inadmissible in court and administrative proceedings. The articles provides a statistical cross-section illustrating the role of administrative jurisdiction. The author concludes with observations pointing up the progress of administrative jurisdiction in Poland, not only in the legal sense, but also in the cultural sense.

  15. restorative justice, criminal justice and access to justice

    African Journals Online (AJOL)

    wide range of human rights that are enshrined in ... series, which tend to glorify the role of the prosecutor in a dramatic depiction of good versus bad. However, reality ... unpredictable transformation'.6 Models of practice ..... Funding and resources are also needed. 18 .... Restorative Justice Week, Protea Hotel, Umhlanga.

  16. Citizenship and social justice

    NARCIS (Netherlands)

    A.P.J. Bernts (Ton); L. d' Anjou (Leo); D. Houtman (Dick)

    1992-01-01

    textabstractDiscussions on the problems of the welfare state are increasingly framed in terms of citizenship rather than social justice. The popularity of the concept of citizenship raises the question of its implications for social justice theory and research. In this article it is argued that wher

  17. Imagining Social Justice

    Science.gov (United States)

    McArdle, Felicity; Knight, Linda; Stratigos, Tina

    2013-01-01

    This article examines how creativity and the arts can assist teachers who teach from a social justice perspective, and how knowledge built through meaningful experiences of difference can make a difference. Just as imagining is central to visual arts practice, so too is the capacity to imagine a necessity for social justice. The authors ask what…

  18. Citizenship and social justice

    NARCIS (Netherlands)

    A.P.J. Bernts (Ton); L. d' Anjou (Leo); D. Houtman (Dick)

    1992-01-01

    textabstractDiscussions on the problems of the welfare state are increasingly framed in terms of citizenship rather than social justice. The popularity of the concept of citizenship raises the question of its implications for social justice theory and research. In this article it is argued that

  19. Renewing Juvenile Justice

    Science.gov (United States)

    Macallair, Daniel; Males, Mike; Enty, Dinky Manek; Vinakor, Natasha

    2011-01-01

    The Center on Juvenile and Criminal Justice (CJCJ) was commissioned by Sierra Health Foundation to critically examine California's juvenile justice system and consider the potential role of foundations in promoting systemic reform. The information gathered by CJCJ researchers for this report suggests that foundations can perform a key leadership…

  20. Citizenship and social justice

    NARCIS (Netherlands)

    A.P.J. Bernts (Ton); L. d' Anjou (Leo); D. Houtman (Dick)

    1992-01-01

    textabstractDiscussions on the problems of the welfare state are increasingly framed in terms of citizenship rather than social justice. The popularity of the concept of citizenship raises the question of its implications for social justice theory and research. In this article it is argued that wher

  1. 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.

  2. Integrating justice and care in animal ethics.

    Science.gov (United States)

    Lekan, Todd

    2004-01-01

    In this paper I argue that the standoff between justice and care approaches to animal ethics presents us with a false dilemma. We should take justice's focus on reasoning from principles, and care's use of sympathetic awareness, as two integrated deliberative capacities necessary for the consideration of arguments for extending moral concern to animals. Such an integrated approach rests on a plausible account of the psychology of moral deliberation. I develop my argument as follows. Section I summarizes the nature of the debate between justice and care approaches to animal ethics, focusing on Brian Luke's arguments against justice approaches. Section II provides pro-justice rebuttals to Luke's objections. These rebuttals, while largely successful against Luke's objections, do not account for the intuition that sympathy does play a central epistemological role in animal ethics. Section III explains how sympathy cognitively simulates the perspective of the other, and thus can play an epistemological role in animal ethics. I argue that the abilities to simulate the perspective of the other and to reason from moral principles can complement each other. In section IV, I argue that though it may not be desirable to use both sympathy and reasoning from principles in all moral deliberation, it is a desirable aim when offering, and considering, moral arguments for what I will term the "extensionist project" of extending over moral concern to animals. I make this idea plausible by elucidating the claim that arguments for this project are best thought of as second-order deliberations about our first-order deliberative life.

  3. Evaluating the capacity of theories of justice to serve as a justice framework for international clinical research.

    Science.gov (United States)

    Pratt, Bridget; Zion, Deborah; Loff, Bebe

    2012-01-01

    This article investigates whether or not theories of justice from political philosophy, first, support the position that health research should contribute to justice in global health, and second, provide guidance about what is owed by international clinical research (ICR) actors to parties in low- and middle-income countries. Four theories-John Rawls's theory of justice, the rights-based cosmopolitan theories of Thomas Pogge and Henry Shue, and Jennifer Ruger's health capability paradigm-are evaluated. The article shows that three of the four theories require the conduct of health research for justice in global health. The theories help identify the ends of justice to which ICR is to contribute, but they cannot tell us how to organize ICR to promote these ends. Aside from Ruger's health capability paradigm, the theories also lack an allocative principle for assigning specific duties to specific actors. This creates difficulties for establishing obligations for certain types of ICR actors.

  4. Does Organizational Justice Modify the Association Between Job Involvement and Retirement Intentions of Nurses in Finland?

    Science.gov (United States)

    Sulander, Juhani; Sinervo, Timo; Elovainio, Marko; Heponiemi, Tarja; Helkama, Klaus; Aalto, Anna-Mari

    2016-10-01

    Given the growing aging population in Finland, retaining health staff to care for them is important. In an exploration of predictors of quitting before the typical retirement age, which ranges from 63 to 68 years in Finland, we examined whether organizational justice moderated the association between job involvement and retirement intentions among nurses 50 years and over. The sample was 446 nurses (70% practical nurses) working in 134 assisted living facilities providing 24-hour care for older residents in Finland. Job involvement was measured with the Job Involvement Questionnaire, and organizational justice with a scale that tapped its three dimensions: distributive justice, procedural justice, and interactional justice. In covariance analyses, low organizational justice and low job involvement were associated with a higher likelihood of retirement intention. Both interactional justice and procedural justice moderated the association of job involvement with retirement intentions. Among nurses with low job involvement, those who experienced unjust treatment, that is, low interactional justice, and evaluated organizational procedures as unjust had significantly stronger retirement intentions than nurses with high levels of interactional and procedural justice. Distributive justice was associated with retirement intentions in both high and low job-involved respondents. Organizational justice may act as a buffer against retirement intention as one consequence of nurses' low job involvement. © 2016 Wiley Periodicals, Inc. © 2016 Wiley Periodicals, Inc.

  5. Health Care Rationing and Distributive Justice

    Directory of Open Access Journals (Sweden)

    Friedrich Breyer

    2009-01-01

    Full Text Available The rapid progress in medical technology makes it unavoidable to ration health care. In the discussion how to ration many people claim that principles of justice in distributing scarce resources should be applied. In this paper we argue that medical resources are not scarce as such but scarcity is a necessary by-product of collective financing arrangements such as social health insurance. So the right question to ask is the determination of the benefit package of such an institution. Hartmut Kliemt is currently involved in a commendable interdisciplinary research project in which principles of 'prioritization' of medical care are studied. This contribution adds a specific perspective to this endeavour: we ask how the goal of distributive justice can be interpreted in this context and compare different approaches to implementing 'just' allocation mechanisms.

  6. Concerning Justice and Music Education

    Science.gov (United States)

    Jorgensen, Estelle R.

    2007-01-01

    In this paper, I explore matters concerning justice and music education. I briefly sketch responses to five interrelated questions: Why should music educators be interested in justice? What is meant by the term social justice and how is it distinguished from justice of other kinds? How do liberal views of humanity, particularly the preciousness of…

  7. Variations on Justice: Argentina's pre- and -post transitional justice and justice to-come

    DEFF Research Database (Denmark)

    Vaisman, Noa

    2015-01-01

    of these three kinds of justice and the changes they underwent in the past two decades. By offering a grounded analysis of justice in the pre- and the post-transitional justice phases in Argentina the paper contributes to ongoing debates about the meaning of justice and the possibility of reconciliation in post-conflict...

  8. Like water for justice

    NARCIS (Netherlands)

    Joshi, D.

    2015-01-01

    The narrative of environmental justice is powerfully and passionately advocated by researchers, practitioners and activists across scale and space. Yet, because these struggles are multifaceted and pluralistic, rooted in complex, evolving “socio-material-political interminglings” the concept is

  9. Potential Environmental Justice Areas

    Data.gov (United States)

    U.S. Environmental Protection Agency — These data are from EJSCREEN, an environmental justice (EJ) screening and mapping tool that provides EPA with a nationally consistent dataset and methodology for...

  10. Youth justice and health: An argument against proposed changes to the Youth Criminal Justice Act

    OpenAIRE

    Elliott, April S; Katzman, Debra K.

    2011-01-01

    The Canadian Paediatric Society is deeply concerned about the negative effects on the developmental, psychological and emotional health of young offenders if the Youth Criminal Justice Act is amended as proposed. Changing Canada’s youth crime law to achieve stiffer sentences for youth 14 years of age and older who are convicted of serious violent offences is contrary to the United Nations Convention on the Rights of the Child. Treating adolescents as adults puts them at serious health and hum...

  11. Gender and Climate Justice

    OpenAIRE

    Ana Agostino; Rosa Lizarde

    2012-01-01

    Ana Agostino and Rosa Lizarde explore the concept of climate justice as a rights approach to climate change. They propose that those in the South who are most affected by environmental changes need to receive justice from those in the North who are most responsible for climate change. They apply a gender lens to climate change, analyzing how women have been specifically hit by the phenomenon and how they are responding.

  12. Transitional justice and aid

    OpenAIRE

    Hellsten, Sirkku K.

    2012-01-01

    This paper examines the current security-governance-development nexus, something that is often also discussed under the concept of transitional justice (TJ). The paper analyses how the ambiguous, evolving and expanding nature of the concept of TJ affects the planning, coordination, evaluation and assessment of aid given to conflict ridden, post-conflict or (post) authoritarian societies in order to strengthen their democracy. Special attention is paid to gender justice. Illustrations are draw...

  13. Justice, fairness, and enhancement.

    Science.gov (United States)

    Savulescu, Julian

    2006-12-01

    This article begins by considering four traditional definitions of enhancement, then proposes a fifth, the Welfarist definition. It then considers fairness-based objections to enhancement, using the example of performance enhancement in sport. In so doing it defines sport and the values proper to it, surveys alternative theories of justice, considers the natural distribution of capabilities and disabilities, and draws a distinction between social, psychological, and biological enhancement. The article advances a new argument that justice requires enhancement.

  14. 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

  15. 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.

  16. Procedural justice seen to be done. The judiciary’s press guidelines in the light of publicity and procedural justice

    OpenAIRE

    Leonie van Lent

    2014-01-01

    The aim of this article is to assess the recent attempts by the Dutch judiciary to gain more public acceptance of its tasks and functioning in criminal justice by enhancing its relationship with the press. The central question to be answered is to what extent the current stance towards the media, as expressed in the press guidelines, corresponds with the principle of publicity, as well as with the empirical findings in the field of procedural justice. Both the principle of publicity and the p...

  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. Teaching Social Justice Research to Undergraduate Students in Puerto Rico: Using Personal Experiences to Inform Research

    Science.gov (United States)

    Ginwright, Shawn A.; Cammarota, Julio

    2015-01-01

    This article explores the process of teaching undergraduate students to conduct social justice research. We were interested in understanding how to develop a social justice perspective among students while training them in conventional research methods. The following questions guided our research activities. How can the principles of social…

  19. 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

  20. Nursing and justice as a basic human need.

    Science.gov (United States)

    Johnstone, Megan-Jane

    2011-01-01

    This paper explores the idea that justice is a basic human need akin to those famously depicted in Maslow's hierarchy of human needs and, as such, warrants recognition as a core element in representative ideas about nursing. Early nurse theorists positioned the principles and practice of nursing as having their origins in 'universal human needs'. The principle of deriving nursing care from human needs was thought to provide a guide not only for promoting health, but for preventing disease and illness. The nursing profession has had a longstanding commitment to social justice as a core professional value and ideal, obligating nurses to address the social conditions that undermine people's health. The idea of justice as a universal human need per se and its possible relationship to people's health outcomes has, however, not been considered. One reason for this is that justice in nursing discourse has more commonly been associated with law and ethics, and the legal and ethical responsibilities of nurses in relation to individualized patient care and, more recently, changing systems of care to improve health and health outcomes. Although this association is not incorrect, it is incomplete. A key aim of this paper is to redress this oversight and to encourage a broader conceptualization of justice as necessary for human survival, health and development, not merely as a professional value, or legal or ethical principle for guiding human conduct. © 2010 Blackwell Publishing Ltd.

  1. First steps toward a nonideal theory of justice

    Directory of Open Access Journals (Sweden)

    Marcus Arvan

    2014-09-01

    Full Text Available Theorists have long debated whether John Rawls’ conception of justice as fairness can be extended to nonideal (i.e. unjust social and political conditions, and if so, what the proper way of extending it is. This paper argues that in order to properly extend justice as fairness to nonideal conditions, Rawls’ most famous innovation—the original position—must be reconceived in the form of a ‘nonideal original position’. I begin by providing a new analysis of the ideal/nonideal theory distinction within Rawls’ theoretical framework. I then systematically construct a nonideal original position, showing that although its parties must have Rawls’ principles of ideal justice and priority relations as background aims, the parties should be entirely free to weigh those aims against whatever burdens and benefits they might face under nonideal conditions. Next, I show that the parties ought to aim to secure for themselves a special class of nonideal primary goods: all-purpose goods similar to Rawls’ original primary goods, but which in this case are all-purpose goods individuals might use to (a promote Rawlsian ideals under nonideal conditions, (b weigh Rawls’ principles of ideal justice and priority relations against whatever burdens and benefits they might face under nonideal conditions, and (c effectively pursue their most favored weighting thereof. Finally, I defend a provisional list of nonideal primary goods, and briefly speculate on how the parties to the nonideal original position might deliberate to principles of nonideal justice for distributing them.

  2. Designing and Implementing e-Justice Systems: Some Lessons Learned from EU and Canadian Examples

    Directory of Open Access Journals (Sweden)

    Giampiero Lupo

    2014-06-01

    Full Text Available Access to justice has become an important issue in many justice systems around the world. Increasingly, technology is seen as a potential facilitator of access to justice, particularly in terms of improving justice sector efficiency. The international diffusion of information systems (IS within the justice sector raises the important question of how to insure quality performance. The IS literature has stressed a set of general design principles for the implementation of complex information technology systems that have also been applied to these systems in the justice sector. However, an emerging e-justice literature emphasizes the significance of unique law and technology concerns that are especially relevant to implementing and evaluating information technology systems in the justice sector specifically. Moreover, there is growing recognition that both principles relating to the design of information technology systems themselves (“system design principles”, as well as to designing and managing the processes by which systems are created and implemented (“design management principles” can be critical to positive outcomes. This paper uses six e-justice system examples to illustrate and elaborate upon the system design and design management principles in a manner intended to assist an interdisciplinary legal audience to better understand how these principles might impact upon a system’s ability to improve access to justice: three European examples (Italian Trial Online; English and Welsh Money Claim Online; the trans-border European Union e-CODEX and three Canadian examples (Ontario’s Integrated Justice Project (IJP, Ontario’s Court Information Management System (CIMS, and British Columbia’s eCourt project.

  3. 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 cha

  4. Empowering Energy Justice.

    Science.gov (United States)

    Finley-Brook, Mary; Holloman, Erica L

    2016-09-21

    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.

  5. 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.

  6. 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

  7. Ten tendencies of criminal justice

    Institute of Scientific and Technical Information of China (English)

    HE Jiahong

    2007-01-01

    A study of the global tendencies of criminal justice will help us design a more scientific and rational pathway for the reformation of existing criminal justice system of China. In the forthcoming several hundred years to come, theworld's criminal justice is to take on ten tendencies, that is, the tendency toward unity, civilization, science, rule of law, human rights, justice, efficiency,specialization, standardization and harmony.

  8. Psychotherapy and distributive justice: a Rawlsian analysis.

    Science.gov (United States)

    Wilmot, Stephen

    2009-03-01

    In this paper I outline an approach to the distribution of resources between psychotherapy modalities in the context of the UK's health care system, using recent discussions of Cognitive Behavioural Psychotherapy as a way of highlighting resourcing issues. My main goal is to offer an approach that is just, and that accommodates the diversity of different schools of psychotherapy. In order to do this I draw extensively on the theories of Justice and of Political Liberalism developed by the late John Rawls, and adapt these to the particular requirements of psychotherapy resourcing. I explore some of the implications of this particular analysis, and consider how the principles of Rawlsian justice might translate into ground rules for deliberation and decision-making.

  9. Childhood, Agency and Youth Justice

    Science.gov (United States)

    Smith, Roger

    2009-01-01

    This article seeks to reframe debates in the sphere of youth justice in order to move away from narrow and one-sided conceptualisations of young people who offend and appropriate forms of intervention with them. Whilst different positions have been adopted within the field of youth justice, largely around "justice" or "welfare" models of practice,…

  10. Juvenile Justice in Rural America.

    Science.gov (United States)

    Jankovic, Joanne, Ed.; And Others

    Producing a much-needed organized body of literature about rural juvenile justice, 14 papers (largely from the 1979 National Symposium on Rural Justice) are organized to identify current issues, identify forces causing changes in current systems, review programs responding to rural juvenile justice problems, and provide planning models to aid…

  11. English Only and Social Justice.

    Science.gov (United States)

    Corson, David

    1999-01-01

    Sketches the strengths and weaknesses of the approach to social justice offered by John Rawls, an approach that continues to dominate discussions about social justice and public policy. Contrasts that conception with a critically realistic approach to judging social justice, and argues that the latter is more respectful of minority group…

  12. 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.…

  13. 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.

  14. 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...

  15. Military Justice Study Guide

    Science.gov (United States)

    1990-07-01

    Island Paralegal (Student) Command Division N/A TAD from/to until (give date) Naval Justice School, Newport, Rhode Island 3255 Whereabouts for next 30...If a lesser forum is desired, handle according to procedures set out elsewhere in this book. I IV-41 LEGAL OFFICER RELIEVING CHECKLIST A. GEN t . One

  16. Justice under uncertainty

    NARCIS (Netherlands)

    Cettolin, E.; Riedl, A.M.

    2013-01-01

    An important element for the public support of policies is their perceived justice. At the same time most policy choices have uncertain outcomes. We report the results of a first experiment investigating just allocations of resources when some recipients are exposed to uncertainty. Although, under c

  17. 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...

  18. Sociology of justice

    NARCIS (Netherlands)

    Liebig, S.; Sauer, C.G.

    2016-01-01

    In this chapter, we provide an overview of the empirical justice research done so far within sociology and aim to contribute to a clearer understanding of what constitutes a sociological approach. In order to do so, we first introduce the multilevel model of sociological explanation and derive four

  19. Rethinking Restorative Justice: When the Geographies of Crime and of Healing Justice Matter

    National Research Council Canada - National Science Library

    Jarem Sawatsky

    2007-01-01

    .... Despite the rhetoric that restorative justice is an alternative to the criminal justice system, this article demonstrates that restorative justice does not sufficiently challenge the underlying logic...

  20. Advancing Women's Social Justice Agendas: A Feminist Action Research Framework

    Directory of Open Access Journals (Sweden)

    Colleen Reid

    2004-09-01

    Full Text Available Feminist action research is a promising, though under-developed, research approach for advancing women's health and social justice agendas. In this article the foundations, principles, dimensions, promises, and challenges of engaging in feminist action research are explored.

  1. Building on Strength: Positive Youth Development in Juvenile Justice Programs

    Science.gov (United States)

    Barton William H.; Butts, Jeffrey A.

    2008-01-01

    This report describes the results of an exploratory study of juvenile justice programs where managers and practitioners are attempting to build youth interventions with strength-based, positive youth development principles. Previous researchers have not adequately documented how such reforms take place, let alone whether they produce effective…

  2. 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...

  3. e-Justice Implementation at a National Scale: The Ugandan Case

    Science.gov (United States)

    Kitoogo, Fredrick Edward; Bitwayiki, Constantine

    The use of information and communications technologies has been identified as one of the means suitable for supplementing the various reforms in convalescing the performance of the justice sector. The Government of Uganda has made strides in the implementation of e-Government to effectively utilize information and communications technologies in governance. The justice players are manifested in a justice, law and order sector which is based on the the Sector Wide Approach whose basic principle is that communication, cooperation and coordination between institutions can greatly add value to service delivery within a sector. Although a subset of e-Government, e-Justice aims at improving service delivery and collaboration between all justice players through the use of ICTs and needs to be spear-headed at a sector level. This work proposes ways of harnessing the existing opportunities and methods to implement e-Justice in Uganda that will culminate into a generic framework that can be applied in similar countries.

  4. 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...

  5. 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.

  6. The principle of primacy versus the principle of national procedural autonomy

    NARCIS (Netherlands)

    Ortlep, R.; Verhoeven, M.J.M.

    2012-01-01

    The case law of the Court of Justice on revoking a national final administrative decision or judgement which is not compliant with EU law can illustrate the existing tension between the principle of primacy on the one hand, and the principle of national procedural autonomy on the other. Although the

  7. Transitional Justice versus Traditional Justice: The Basque Case

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoextea

    2013-03-01

    Full Text Available Transitional justice is often understood as a field or toolkit that facilitates the establishment of "justice" and rule of law in post-conflict societies. It is also the interdisciplinary understanding and study of that toolkit or field. This article explores to what extent transitional justice is a relevant way of understanding the transformations taking place in the Basque Country in the post-conflict situation created since the final ceasefire was declared by ETA on October 20, 2011. The article analyses different aspects of the field of transitional justice and the experience in Spain and the Basque Country. It underlines the prevalence of truth-seeking processes (over amnesia and of addressing violations and victims' suffering to conclude with the need to enhance the rule of law and traditional-individualised-justice and transitional justice.

  8. FORMATION OF CORPORATE GOVERNANCE PRINCIPLES FOR SOCIAL RESPONSIBILITY

    Directory of Open Access Journals (Sweden)

    D. Bayura

    2013-09-01

    Full Text Available The theoretical and methodological aspects of perfection of the system of corporate management domestic joint-stock companies are considered on principles of justice, transparentnosti, accountability and corporate social responsibility taking into account globalization.

  9. FORMATION OF CORPORATE GOVERNANCE PRINCIPLES FOR SOCIAL RESPONSIBILITY

    OpenAIRE

    Bayura, D.

    2013-01-01

    The theoretical and methodological aspects of perfection of the system of corporate management domestic joint-stock companies are considered on principles of justice, transparentnosti, accountability and corporate social responsibility taking into account globalization.

  10. 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

  11. 现代化进程中我国城市发展的空间正义原则%The Principle of Spatial Justice in Chinese Urban Development in the Modernization Process

    Institute of Scientific and Technical Information of China (English)

    钟明华; 邓欣欣

    2016-01-01

    The rapid development of urban space is accompanied by China’s modernization.Urban space be-comes an important geographical indications which indicates People’s daily life,learning and development.The blind pursuit of economic growth and the lack of awareness about urban,make the urban space an area with most contradiction and conflict of politics,economy and culture in China’s modernization process.The imbalance of space and human development,the excessive homogeneity of space,"power"feature of the space and plunder of natural space become prominent issues of urban space research.Return to people’s needs,respect for the essence of city,tolerance of diversity of heterogeneous culture,and ecological balance between city and nature will be people’s expectation for the development of space in the inquiry of urban spatial justice.%伴随现代化的飞速发展,城市空间成为人们日常生活、学习和发展的重要地理标识。对经济发展速度的盲目追求和对城市、城市空间认知的缺位,正在使城市空间成为我国现代化进程中政治、经济、文化矛盾与冲突最集中的地方。空间与人的发展的失衡,空间的过度同质化,空间的“权力”特征和对自然空间的掠夺,日益成为我国现代化进程中城市空间研究的突出问题。回归人的需要,尊重城市的本质,包容异质文化的多样性,回归城市与自然的生态平衡,将成为我国城市空间正义追问中人们对空间发展的期待。

  12. Dentistry and distributive justice.

    Science.gov (United States)

    Dharamsi, Shafik; MacEntee, Michael I

    2002-07-01

    There is a growing concern in most countries to address the problem of inequities in health-care within the context of financial restraints on the public purse and the realities of health professions that are influenced strongly by the economic priorities of free-market economies. Dental professionals, like other health professionals, are well aware that the public expects oral health-related services that are effective, accessible, available and affordable. Yet, there is remarkably little reference in the literature to the theories of distributive justice that might offer guidance on how an equitable oral health service could be achieved. This paper considers three prominent theories of distributive justice--libertarianism, egalitarianism and contractarianism--within the controversial context of basic care and quality of life. The discussion leads towards a socially responsible, egalitarian perspective on prevention augmented by a social contract for curative care with the aim of providing maximum benefit to the least advantaged in society.

  13. Climate Change Justice

    OpenAIRE

    Sunstein, Cass R.; Posner, Eric A.

    2007-01-01

    Greenhouse gas reductions would cost some nations much more than others and benefit some nations far less than others. Significant reductions would impose especially large costs on the United States, and recent projections suggest that the United States has relatively less to lose from climate change. In these circumstances, what does justice require the United States to do? Many people believe that the United States is required to reduce its greenhouse gas emissions beyond the point that is ...

  14. Hume's Theory of Justice

    Directory of Open Access Journals (Sweden)

    Horacio Spector

    2014-01-01

    Full Text Available Hume developed an original and revolutionary theoretical paradigm for explaining the spontaneous emergence of the classic conventions of justice - stable possession, transference of property by consent, and the obligation to fulfill promises. In a scenario of scarce external resources, Hume's central idea is that the development of the rules of justice responds to a sense of common interest that progressively tames the destructiveness of natural self-love and expands the action of natural moral sentiments. By handling conceptual tools that anticipated game theory for centuries, Hume was able to break with rationalism, the natural law school, and Hobbes's contractarianism. Unlike natural moral sentiments, the sense of justice is valuable and reaches full strength within a general plan or system of actions. However, unlike game theory, Hume does not assume that people have transparent access to the their own motivations and the inner structure of the social world. In contrast, he blends ideas such as cognitive delusion, learning by experience and coordination to construct a theory that still deserves careful discussion, even though it resists classification under contemporary headings.

  15. 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.

  16. Real and alleged problems for Daniels's account of health justice.

    Science.gov (United States)

    Kelleher, J Paul

    2013-08-01

    Norman Daniels's theory of health justice is the most comprehensive and systematic such theory we have. In one of the few articles published so far on Daniels's new book, Just Health, Benjamin Sachs argues that Daniels's core "principle of equality of opportunity does not do the work Daniels needs it to do." Yet Sachs's objections to Daniels's framework are deeply flawed. Where these arguments do not rely on significant misreadings of Daniels, they ignore sensible strands in Just Health that considerably dull their force. After disarming Sachs's arguments against Daniels's theory, I explain why I agree with Sachs's conclusion: Daniels's equality of opportunity-based account of health justice rests on shaky foundations.

  17. Research of the Taxation Justice and the Social Responsibility

    Directory of Open Access Journals (Sweden)

    Ilona Skačkauskienė

    2016-06-01

    Full Text Available The article deals with the content of taxation justice, it’s value and compatibility with other principles of taxation, analyses the features of the Lithuanian tax system formation. The article ex¬amines the conception of social responsibility and it’s possibilities for assessment too. The research findings show that the principle of taxation justice is implemented only partially in Lithuania. The assessment of social responsibility through quantitative and qualitative indexes shows that some of its principles in Lithuania are being implemented more successful. However, it should be noted that significant amounts of funds for these initiatives and projects are received from the EU. It is very important to continue all the projects when funding from the EU runs out.

  18. Flew on Entitlements and Justice

    OpenAIRE

    Peña, Lorenzo

    1989-01-01

    In «Equality, yes, surely; but Justice?», Antony Flew argues that egalitarianism and collectivism are incompatible with the concept of justice, since the usual concept of justice is that of giving everyone his due (or his own). That concept is intrinsically backward-looking; you cannot assign everyone his own by gratuitously presupposing that nothing is his own and that a fresh start is to be made. As against such a view, I maintain that, in a fairly obvio...

  19. Three Liberal Theories of Justice

    OpenAIRE

    Jiří MACHÁČEK

    2013-01-01

    The mail goal of this thesis is to introduce the modern theory of liberal justice with a focus on distributive justice. In addition, the author addresses the issue of value neutrality in the liberal state and the concept of equality in liberal theory. The author presents the concept of "justice as fairness" described by liberal political philosopher John Rawls. Afterwards his concept is subjected to criticism of other contemporary liberal philosophers Robert Nozick and Ronald Dworkin. The aut...

  20. 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.

  1. Children's reasoning about distributive and retributive justice across development.

    Science.gov (United States)

    Smith, Craig E; Warneken, Felix

    2016-04-01

    Research on distributive justice indicates that preschool-age children take issues of equity and merit into account when distributing desirable items, but that they often prefer to see desirable items allocated equally in third-party tasks. By contrast, less is known about the development of retributive justice. In a study with 4- to 10-year-old children (n = 123) and adults (n = 93), we directly compared the development of reasoning about distributive and retributive justice. We measured the amount of rewards or punishments that participants allocated to recipients who differed in the amount of good or bad things they had done. We also measured judgments about collective rewards and punishments. We found that the developmental trajectory of thinking about retributive justice parallels that of distributive justice. The 4- to 5-year-olds were the most likely to prefer equal distributions of both rewarding and aversive consequences; older children and adults preferred deservingness-based allocations. The 4- to 5-year-olds were also most likely to judge collective rewards and punishments as fair; this tendency declined with increasing age. Our results also highlight the extent to which the notion of desert influences thinking about distributive and retributive justice; desert was considered equally when participants allocated reward and punishments, but in judgments about collective discipline, participants focused more on desert in cases of punishment compared with reward. We discuss our results in relation to theories about preferences for equality versus equity, theories about how desert is differentially weighed across distributive and retributive justice, and the literature on moral development and fairness. (c) 2016 APA, all rights reserved).

  2. 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…

  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. 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. 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…

  6. 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 and p

  7. The role of overall justice judgments in organizational justice research: a test of mediation.

    Science.gov (United States)

    Ambrose, Maureen L; Schminke, Marshall

    2009-03-01

    Organizational justice research traditionally focuses on the unique predictability of different types of justice (distributive, procedural, and interactional) and the relative importance of these types of justice on outcome variables. Recently, researchers have suggested shifting from this focus on specific types of justice to a consideration of overall justice. The authors hypothesize that overall justice judgments mediate the relationship between specific justice facets and outcomes. They present 2 studies to test this hypothesis. Study 1 demonstrates that overall justice judgments mediate the relationship between specific justice judgments and employee attitudes. Study 2 demonstrates the mediating relationship holds for supervisor ratings of employee behavior. Implications for research on organizational justice are discussed.

  8. 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

  9. Social Justice as the Main Task of a State

    Directory of Open Access Journals (Sweden)

    Slatenkova Mariia O.

    2013-11-01

    Full Text Available Social justice always was and will be as the most significant indicator of efficiency of social development of the society being one of the fundamental grounds of the civilisation and progress. The goal of the article is justification of a necessity of application of the principle of social justice in practice of the state regulation for creation of favourable conditions of development of the society. The article considers one of the main functions of a state – social, directed at the socio-political harmonisation of social relations; justifies objective necessity of interference of the state with the problem of restoration of justice in the society. The main instrument of this interference is active social policy of the state oriented at problems of the whole population. Main instruments that regulate social relations are main spheres of the society, such as political, economic and social. Finding a balance among these social spheres would facilitate the nation’s well-being.

  10. 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.

  11. Justice in Cyberwar

    Directory of Open Access Journals (Sweden)

    Klaus-Gerd Giesen

    2014-06-01

    Full Text Available http://dx.doi.org/10.5007/1677-2954.2014v13n1p27The 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.

  12. Older Drivers

    Science.gov (United States)

    ... in this topic was provided by the National Highway Traffic Safety Administration Topic last reviewed: March 2015 For ... see Traffic Safety Facts 2012: Older Population. (National Highway Traffic Safety Administration). Crashes Down Among Older Drivers Fortunately, ...

  13. What is Graphic Justice?

    Directory of Open Access Journals (Sweden)

    Thomas Giddens

    2016-12-01

    Full Text Available This article reproduces a poster presented at the Socio-Legal Studies ­Association annual conference, 5–7 April 2016 at Lancaster University, UK. The poster outlines the emerging study of the legal and jurisprudential dimensions of comics. Seeking to answer the question ‘what is graphic justice?’, the poster highlights the variety of potential topics, questions, concerns, issues, and intersections that the crossover between law and comics might encounter. A transcript of the poster’s text is provided for easier reuse, as well as a list of references and suggested readings.

  14. Biomedical enhancements as justice.

    Science.gov (United States)

    Nam, Jeesoo

    2015-02-01

    Biomedical enhancements, the applications of medical technology to make better those who are neither ill nor deficient, have made great strides in the past few decades. Using Amartya Sen's capability approach as my framework, I argue in this article that far from being simply permissible, we have a prima facie moral obligation to use these new developments for the end goal of promoting social justice. In terms of both range and magnitude, the use of biomedical enhancements will mark a radical advance in how we compensate the most disadvantaged members of society.

  15. Social Justice in Teacher Education.

    Science.gov (United States)

    Guyton, Edith

    2000-01-01

    Education is a moral enterprise and a right rather than a privilege. Teacher education should develop teachers' awareness of and concern for social justice and their capacity to teach democracy and teach democratically. The concept of social justice should guide curriculum development and implementation. (SK)

  16. 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...

  17. Social Justice and School Psychology

    Science.gov (United States)

    Nastasi, Bonnie K.

    2008-01-01

    Despite attention in other social sciences and within other areas of psychology, social justice has received minimal attention in school psychology literature. The two studies by Shriberg et al. (2008) and McCabe and Rubinson (2008) represent significant developments in exploring school psychology's commitment to social justice. In this…

  18. 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…

  19. Juvenile Justice and Substance Use

    Science.gov (United States)

    Chassin, Laurie

    2008-01-01

    Laurie Chassin focuses on the elevated prevalence of substance use disorders among young offenders in the juvenile justice system and on efforts by the justice system to provide treatment for these disorders. She emphasizes the importance of diagnosing and treating these disorders, which are linked both with continued offending and with a broad…

  20. SOCIAL WELFARE AND RESTORATIVE JUSTICE

    Directory of Open Access Journals (Sweden)

    Darrell Fox

    2009-09-01

    Full Text Available 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.

  1. Social Justice Language Teacher Education

    Science.gov (United States)

    Hawkins, Margaret R.

    2011-01-01

    Social justice language teacher education conceptualizes language teacher education as responding to social and societal inequities that result in unequal access to educational and life opportunities. In this volume authors articulate a global view of Social Justice Language Teacher Education, with authors from 7 countries offering a theorized…

  2. 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 w

  3. Social Justice in Teacher Education.

    Science.gov (United States)

    Guyton, Edith

    2000-01-01

    Education is a moral enterprise and a right rather than a privilege. Teacher education should develop teachers' awareness of and concern for social justice and their capacity to teach democracy and teach democratically. The concept of social justice should guide curriculum development and implementation. (SK)

  4. 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.

  5. Comparative Supreme Justice

    Directory of Open Access Journals (Sweden)

    Ditlev Tamm

    2011-12-01

    Full Text Available This article deals with the great variety of Supreme Courts in the world today and presents some selected courts. Supreme Courts are found in most countries both as only apex courts or in a courts’ system where also supreme administrative courts or constitutional courts are found. The starting point is the variation of supreme justice in the Nordic countries where one apex court is the system of Denmark and Norway whereas administrative courts are found in Sweden and Finland. Constitutional courts stem from the European tradition and are most abundant in Europe and in countries with a civil law system but especially in Africa they are also found in common law countries. Mexico is mentioned as a specific example of a Supreme Court that has taken upon itself to be a main player in the endeavour to communicate the law to a general audience. The article is a presentation with samples of what is going to be a project on comparative supreme justice in which the position of supreme courts in the various states, the recruitment scheme and competence of the courts and other such factors will be analyzed on a global basis.

  6. 论欧盟刑事司法领域中的互认原则%On the Principle of Mutual Recognition of the EU in the Field of Criminal Justice

    Institute of Scientific and Technical Information of China (English)

    林倩; 孙启磊

    2016-01-01

    Mutual recognition is the cornerstone of the j udicial cooperation within the European Union. It is also the most important principle to understand the relationship between the member states within the criminal matters.Mutual recognition came from the economic field,it has improved the corporation between the member states in the criminal matters.It also helps the member states to fight crime.What’s more,mu-tual recognition promotes the development of the harmonization of the law within the EU.It has been wide-ly applied both in the practice and in the legislation.However,mutual recognition focus more on the mem-ber states’cooperation in the criminal matters,it may ignore the protection of suspects’rights.The harmo-nization of the EU law has set up the minimum standards for the mutual recognition and for the protection of the suspects’rights,it still has deficiencies.Therefore,how to balance the need of fighting crime and protecting the suspects’rights is what the mutual recognition needs to do.%互认原则是欧盟刑事司法合作的基础,也是正确理解欧盟成员国之间在刑事司法领域内合作关系最重要的原则。其源自于经济领域,促进了欧盟成员国在刑事司法领域内的合作,有助于打击跨国犯罪,也促进了欧盟刑事领域统一立法的发展。但互认原则更多地关注的是国家间在刑事领域内的合作,有可能忽视对被追诉人合法权益的保护。欧盟统一立法为互认原则设立了最低门槛,也为被追诉人权益保障设立了最低标准,但仍然存在不足。因此,如何平衡成员国在打击犯罪与保障被追诉人权利之间的关系,成为互认原则今后所要面临的难题。

  7. 罗尔斯程序正义思想研究--以《正义论》为中心%A Study of Rawls' Thought of Procedural Justice---Centering on his A Theory of Justice

    Institute of Scientific and Technical Information of China (English)

    叶国平

    2013-01-01

    程序正义是罗尔斯正义理论的核心。在1971年出版的《正义论》中,罗尔斯将程序正义分为完善的程序正义、不完善的程序正义和纯粹的程序正义三种不同类型,以程序正义、尤其是纯粹的程序正义作为正义原则证成与实现的基础,使程序正义取得决定实体正义的优先地位。但在后正义论时期,罗尔斯的正义理论发生了“去程序化”转向,从单纯重视程序正义转向程序正义与实体正义并重。%Procedural justice is the core of Rawls' theory of justice. In A Theory of Justice, his monograph published in 1971, he classifies procedural justices into perfect procedural justice, imperfect procedural justice and pure procedural justice. He takes procedural justice, particularly pure procedural justice as the basis for formation and realization of fairness principle, and puts procedural justice in priority for achievement of substantive justice. But in his late theory, his justice theory undergoes a“de-procedure” turn, shifting from mere emphasis of procedural justice to attention to both procedural and substantive justices.

  8. 论作为德性的正义%On Justice as a Virtue

    Institute of Scientific and Technical Information of China (English)

    王润稼; 陈杰

    2012-01-01

    在亚里士多德所构建的伦理学体系中,正义有着极高的地位,正义是德行之首,"比星辰更让人崇拜"。亚里士多德不仅给予正义以详细的阐释,而且运用中道原则对其进行规训,以达到个人与城邦的幸福和至善。他着重论述了正义的道德特性,将其与个体德性区分开来,并在此基础上将正义分为总体正义与部分正义。最后亚里士多德运用中道原则,对正义的获得提供了行之有效的方法,使得正义得以成为现实。由此,我们可以充分的理解正义在亚里士多德哲学那里所蕴含的德性意义。%In the system of ethics which was built by Aristotle, justice has a very high position, justice is the pri- mary virtue," People worship it more than the stars" . Aristotle not only gave justice the detailed explanation, but also used the middle principle to disciplined it, in order to achieved happiness and perfection of the individual and the city -state. He focused on the moral characteristics of justice, separated it with the individual virtue, and divided justice into overall justice and some justice on this basis. At last, Aristotle used middle principle, which is an effective way to get justice, to made the justice become a reality. As a result, We can fully understand the moral meaning of justice in Aristotle philosophy.

  9. 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, po

  10. 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 practitioners

  11. 75 FR 56557 - Meeting of the Department of Justice's (DOJ's) Global Justice Information Sharing Initiative...

    Science.gov (United States)

    2010-09-16

    ... point for justice information systems integration activities in order to facilitate the coordination of... of Justice Programs Meeting of the Department of Justice's (DOJ's) Global Justice Information Sharing... meeting. SUMMARY: This is an announcement of a meeting of DOJ's Global Justice Information...

  12. 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.

  13. Sanitary justice in scarcity

    Directory of Open Access Journals (Sweden)

    Miguel Kottow

    Full Text Available Justice in health care and the allocation of scarce medical resources must be analyzed differently in affluent as compared to economically weaker societies. The protective functions of the state must be extended to cover basic needs for those too poor to meet them on their own. Medical needs are a high priority, since poor health hampers the ability to secure other basic needs. The state may operate as either a health care provider or supervisor, guaranteeing that citizens be treated fairly by nongovernmental institutions. Two-tiered systems with a vigorous private health care sector are compatible with the explicit right to health care, provided the private tier operates without directly or indirectly draining public funds.

  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. JUSTICE AND LIBERTY IN HEGEL

    Directory of Open Access Journals (Sweden)

    Thadeu Weber

    2014-06-01

    Full Text Available This paper aims to make explicit the concept of justice in Hegel’s Philosophy of Right. It bounds it to the idea of liberty in its different ways of determination. It starts from the notion of person of right and indicates the fundamental rights that derive from the expression of this legal capacity. It highlights the right of necessity as a right to make an exception in favor of itself aiming the actualization of justice. It shows how, through the Law, in civil society, it happens the administration of justice.

  16. Juvenile justice mental health services.

    Science.gov (United States)

    Thomas, Christopher R; Penn, Joseph V

    2002-10-01

    As the second century of partnership begins, child psychiatry and juvenile justice face continuing challenges in meeting the mental health needs of delinquents. The modern juvenile justice system is marked by a significantly higher volume of cases, with increasingly complicated multiproblem youths and families with comorbid medical, psychiatric, substance abuse disorders, multiple family and psychosocial adversities, and shrinking community resources and alternatives to confinement. The family court is faced with shrinking financial resources to support court-ordered placement and treatment programs in efforts to treat and rehabilitate youths. The recognition of high rates of mental disorders for incarcerated youth has prompted several recommendations for improvement and calls for reform [56,57]. In their 2000 annual report, the Coalition for Juvenile Justice advocated increased access to mental health services that provide a continuum of care tailored to the specific problems of incarcerated youth [58]. The specific recommendations of the report for mental health providers include the need for wraparound services, improved planning and coordination between agencies, and further research. The Department of Justice, Office of Juvenile Justice and Delinquency Prevention has set three priorities in dealing with the mental health needs of delinquents: further research on the prevalence of mental illness among juvenile offenders, development of mental health screening assessment protocols, and improved mental health services [59]. Other programs have called for earlier detection and diversion of troubled youth from juvenile justice to mental health systems [31,56]. Most recently, many juvenile and family courts have developed innovative programs to address specific problems such as truancy or substance use and diversionary or alternative sentencing programs to deal with first-time or nonviolent delinquents. All youths who come in contact with the juvenile justice system

  17. 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.

  18. Disorderly Deliberation? Generative Dynamics of Global Climate Justice

    Directory of Open Access Journals (Sweden)

    James Goodman

    2011-12-01

    Full Text Available Theorisations of global governance invariably conceive of it as bringing order to disorder, whether by increasing the ‘density’ of interstate society, or by expressing the leverage of global civil society. This paper seeks to invert the frame, and to take seriously the active disordering of governance, as a generative challenge, that creates new justice claims, and opens-up new fields of public deliberation. Global climate governance is a particularly powerful context in which to track these dynamics. Climate change imposes its own pace of policy reform, forcing new imperatives; it also imposes its own remarkable scope, in terms of global reach and all-encompassing depth. The paper seeks-out generative disjunctures, where existing justice principles that underpin climate governance are challenged, disestablished, and reordered. The paper explores these themes as a way of mapping contending and conflicting trajectories in the development of climate justice as a principle of governance. The disordering effects of climate governance, the social and political forces that arise out of them and their roles in producing contender principles and practices are highlighted. We may then arrive at a conceptualization of climate governance as a necessarily disorderly process, which addresses cumulative and unanticipated challenges of climate change through successive reorientations in its modus operandi. As such, climate governance may be enabled to proceed through and beyond immediate accommodations, to offer new possibilities grounded in new rules of the game that widen realms of engagement and more effectively apprehend the challenges posed.

  19. The revised Declaration of Helsinki--is justice served?

    Science.gov (United States)

    Diamant, J C

    2002-02-01

    The World Medical Association revised the Declaration of Helsinki in October 2000. The Declaration is intended to provide a universal set of principles, which direct the ethical conduct of clinical medical research involving human subjects throughout the world. Previous research ethics codes emphasized the principles of informed consent and beneficence toward research subjects. The revised Helsinki Declaration places a premium not only upon these values but also the principle of distributive justice. The new Declaration demands that scientists see to it that the risks and benefits of scientific inquiry are distributed fairly to those that participate in research and to the communities from where participants are drawn. The authors of the Declaration have sought to establish justice by minimizing the use of placebo controls, insisting that populations from where research subjects are drawn stand to benefit from the research, and by requiring that therapeutic agents be made available to all trial participants long after a trial is completed. This paper argues that the aim of seeking a morejust distribution of the risks and benefits of research may actually be undermined by the tools that the Declaration employs to enforce justice.

  20. DDT, epigenetic harm, and transgenerational environmental justice.

    Science.gov (United States)

    Kabasenche, William P; Skinner, Michael K

    2014-08-02

    Although the environmentally harmful effects of widespread dichlorodiphenyltrichloroethane (DDT) use became well-known following Rachel Carson's Silent Spring (1962), its human health effects have more recently become clearer. A ban on the use of DDT has been in place for over 30 years, but recently DDT has been used for malaria control in areas such as Africa. Recent work shows that DDT has transgenerational effects in progeny and generations never directly exposed to DDT. These effects have health implications for individuals who are not able to have any voice in the decision to use the pesticide. The transgenerational effects of DDT are considered in light of some widely accepted ethical principles. We argue that this reframes the decision to use DDT, requiring us to incorporate new considerations, and new kinds of decision making, into the deliberative process that determines its ongoing use. Ethical considerations for intergenerational environmental justice are presented that include concern and respect for autonomy, nonmaleficence, and justice. Here, we offer a characterization of the kinds of ethical considerations that must be taken into account in any satisfactory decisions to use DDT.

  1. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

    Directory of Open Access Journals (Sweden)

    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.

  2. Allegheny County Environmental Justice Areas

    Data.gov (United States)

    Allegheny County / City of Pittsburgh / Western PA Regional Data Center — Environmental Justice areas in this guide have been defined by the Pennsylvania Department of Environmental Protection. The Department defines an environmental...

  3. Polarization of perceived Procedural Justice.

    Science.gov (United States)

    Flint, Douglas H; Hernandez-Marrero, Pablo; Wielemaker, Martin

    2006-02-01

    This study examined polarization of perceptions of Procedural Justice. Two polarization mechanisms are examined, Persuasive Arguments and Social Comparisons. Participants were students enrolled in a first-year introductory business class. There were 216 participants in the Persuasive Arguments study, 429 in the Social Comparisons study. The average age of all participants was 22.3 yr. (SD = 2.1); 56% were women. Fields of study represented were business, engineering, information technology, and sports. Analysis showed under conditions of low Procedural Justice, polarization effects were only found with the Persuasive Arguments mechanism. Under conditions of high Procedural Justice, polarization effects were only found with Social Comparisons. Implications for group polarization and Procedural Justice theories are considered.

  4. 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.

  5. 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 au

  6. No Offense! On the Offense Principle and Some New Challenges

    DEFF Research Database (Denmark)

    Petersen, Thomas Søbirk

    2016-01-01

    A central aim within criminal justice ethics is to give a plausible justification concerning which type of acts ought to be criminalized by the state. One of the principles of criminalization which has been presented and critically discussed in the philosophical literature is the Offense Principle...

  7. 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

  8. Causality Principle

    OpenAIRE

    Chi, Do Minh

    2001-01-01

    We advance a famous principle - causality principle - but under a new view. This principle is a principium automatically leading to most fundamental laws of the nature. It is the inner origin of variation, rules evolutionary processes of things, and the answer of the quest for ultimate theories of the Universe.

  9. 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.

  10. The Idea of Justice.

    Science.gov (United States)

    Chambers, Julius

    1987-01-01

    Reviews constitutional principles and case law in three areas of U.S. society where black Americans have made efforts to effect change. Specific changes are for fairness in education, the abolition of capital punishment, and the prohibition of discrimination against the poor. (JDH)

  11. A RETURN TO THE MANIFEST JUSTICE PRINCIPLE: A CRITICAL ...

    African Journals Online (AJOL)

    Administrator

    viewpoint, that it must offer sufficient guarantees to exclude any legitimate .... In Australia, the common law has developed along lines somewhat ... 22 See Baxter Administrative Law 562 who said: "… the courts have always accepted that.

  12. Solidarity and justice as guiding principles in genomic research.

    NARCIS (Netherlands)

    Hoedemaekers, R.H.M.V.; Gordijn, B.; Pijnenburg, M.A.M.

    2007-01-01

    In genomic research the ideal standard of free, informed, prior and explicit consent is sometimes difficult to apply. This has raised concern that important genomic research will be restricted. Different consent procedures have therefore been proposed. This paper explicitly examines the question how

  13. Social-Justice Principles Should Apply in Public Expenditure

    Institute of Scientific and Technical Information of China (English)

    刘穷志

    2007-01-01

    In the absence of household data, this article attempts to convert variables to build a public expenditure incidence assessment model by using middle-level data to analyse and explain the disequilibrium between the rich and poor in their public expenditure benefits. By using China’s provincial data to validate this model, we have found a lack of sufficient public security services for the rich; an increase in cultural, educational and healthcare provisions as well as social relief for the poor over recent years; a lack of social security services for the poor; the availability of immediate economic services, but a lack of those with long-term benefits to the poor; the provision of subsidies to the rich and the furnishing of special-purpose services and support to the poor. The disparity in the provision of public services is primarily attributable to economic strength, economic deficiency, public preference and the government financial transfer payment mechanism. Last but not least, the paper presents some policy recommendations.

  14. A judicial rashomon: on ageism and narrative justice.

    Science.gov (United States)

    Doron, Israel

    2012-03-01

    How are old people treated in courts? How do judges construct old age? To what extent judicial decisions regarding older persons reflect ageist attitudes? Historically, these questions have received relatively little attention in gerontological literature. This Israeli case-study tries to add a new dimension to the growing literature in the field of jurisprudential gerontology, in a context that so far received little attention: narrative justice. More specifically, this study combines a narrative-justice theoretical approach, with a legal case-study methodology, in order to explore the relationships between judicial narratives and ageism. The narrative analysis presented in this case study exposes how in contrast to common perception, which views legal decisions as objective and unimaginative texts, reality is different. The judicial case studied in this article exemplify how in real life, judges often construct a socio-judicial narrative, embellished by personal bias and prejudices regarding old age.

  15. 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. © 2013...

  16. 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.

  17. Modifying effects of gender, age and enterprise size on the associations between workplace justice and health.

    Science.gov (United States)

    Cheng, Yawen; Chen, Chiou-Jong

    2014-01-01

    This study examined the distribution of perceived workplace justice and examined the modifying effects of gender, age and enterprise size on the associations between workplace justice and poor health. A total of 9,636 male and 7,406 female employees from a national survey conducted in 2007 in Taiwan were studied. A self-administered questionnaire was used to assess workplace justice (9 items), psychosocial work conditions, self-rated health and burnout status. A clear gradient was observed across employment grades, with employees of lower grades reporting lower workplace justice. Government employees were found to have higher levels of workplace justice than those in private sectors, and among those in private sectors, female employees in larger enterprises were found to have significantly lower workplace justice. Multivariate regression analyses showed that employees with workplace justice in the lowest tertile had increased scores in work-related burnout (11.0 and 12.8 points in men and women, respectively) and increased risks for poor self-rated health (OR = 2.5, 2.6) as compared to those with workplace justice in the highest tertile. The associations were stronger in younger groups than in older groups, and in female employees of larger enterprises than those of smaller enterprises. Employees with lower socioeconomic position and female employees in larger enterprises might be more likely to be exposed to work practices that give rise to the sense of injustice. The underlying mechanisms for the observed stronger associations between lower workplace justice and poor health in younger groups and in workers of larger enterprises deserve further investigation.

  18. 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.

  19. Youth justice and health: An argument against proposed changes to the Youth Criminal Justice Act.

    Science.gov (United States)

    Elliott, April S; Katzman, Debra K

    2011-08-01

    The Canadian Paediatric Society is deeply concerned about the negative effects on the developmental, psychological and emotional health of young offenders if the Youth Criminal Justice Act is amended as proposed. Changing Canada's youth crime law to achieve stiffer sentences for youth 14 years of age and older who are convicted of serious violent offences is contrary to the United Nations Convention on the Rights of the Child. Treating adolescents as adults puts them at serious health and human rights risks - including trauma, violence and abuse - and interferes with their overall development. Furthermore, rates of mental illness are higher among youth in custody. Youth should only serve their sentence in a facility that is exclusively limited to youth, and considers the rights of youth as well as their mental, physical, developmental and educational needs.

  20. 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

  1. The Evaluation of the Practical Implementation of Social Justice by the Judicial System of State

    Directory of Open Access Journals (Sweden)

    Marţian Iovan

    2015-07-01

    Full Text Available Based on a sociological research, the author of this article aims to identify the beliefs and the attitudes of a group of BA and MA students enrolled in university programs of Juridical Science, regarding their apprehension of the principles of justice - as the central value of the Romanian judicial system. This would contribute to the implementation of justice in the actual Romanian economic, political, and judicial structure. The data analysis provides the necessary information for comprehending the extensions of justice and injustice within the specific social context. A real distance between reality and the political doctrines, and the classical and post-modern philosophical theories of justice as well can be noticed. The resulting conclusions could provide solid settings in order to develop a number of strategies/public policies to shape a more honest society.

  2. The moral justification scale: reliability and validity of a new measure of care and justice orientations.

    Science.gov (United States)

    Gump, L S; Baker, R C; Roll, S

    2000-01-01

    Research increasingly suggests that there are limitations to Kohlberg's theory of moral development. Gilligan in particular has observed that Kohlberg's theory considers abstract principled reasoning as the highest level of moral judgment, and penalizes those who focus on the interpersonal ramifications of a moral decision. Gilligan calls these justice and care orientations. The present paper describes the development of the Moral Justification Scale, an objective measure of the two orientations. The scale consists of six vignettes, of which two are justice oriented, two are care oriented, and two are mixed, incorporating both orientations. Construct validity was evaluated by expert judges and, overall, was high. Cronbach's alpha was .75 for the Care subscale and .64 for the Justice subscale, indicating adequate internal consistency. Split-half reliabilities were as follows: Care, r = .72, p Moral Justification Scale shows promise as an easily administered, objectively scored measure of Gilligan's constructs of care and justice.

  3. Restorative Justice and Alternative Dispute Resolution: An Analytical Discourse for African Professionals

    Directory of Open Access Journals (Sweden)

    Omale, Don John O.

    2011-04-01

    Full Text Available The strong advocacy for Restorative Justice and Alternative Dispute Resolution in Africa; and evolving models is a welcomed development for penal reforms and conflict resolution. However, as an African adage says "it is when a tripod is being designed and constructed that the legs should be set straight to forestall cook wares falling". This study drew its strength from a completed Doctor of Philosophy (PhD dissertation initially reviewed with the aim of setting the record straight in the meaning and conceptions of restorative justice and alternative dispute resolution for African practitioners. This is imperative because as the saying goes "words put differently make different meanings, and meaning put differently yield different actions". So if restorative justice and alternative dispute resolution must advance professionally, and as academic disciplines in Africa, practitioners and academics must understand the 'thin' differences inherent in the principles and practice of restorative justice, and alternative dispute resolution.

  4. Procedural Justice Seen to Be Done:The Judiciary’s Press Guidelines in the Light of Publicity and Procedural Justice

    Directory of Open Access Journals (Sweden)

    Leonie van Lent

    2014-11-01

    Full Text Available As in other jurisdictions, the Dutch judiciary has been confronted with public unease about criminal justice and is trying to enhance its legitimacy. System and culture however contain hardly any opening for public involvement in criminal justice, and this implication of the publicity principle traditionally encounters disapproval. In its aim of (regaining confidence in the criminal justice system, publicity intertwines procedural fairness and public influence: it requires that the (perception of the lay public is taken into account when conducting proceedings and phrasing the judgment, thereby ensuring visible conformity with publicly-held fairness standards and thus a perception of legitimacy by participants and the public alike. Procedural justice research confirms these notions in finding that the perception of proceedings as fair legitimizes the judiciary and the justice system. The judiciary’s wish to enhance transparency – of which the press guidelines (2013 are the most important expression – is therefore essential. Both publicity and the procedural justice concept refer to the procedure as central in legitimization and therefore provide important arguments for allowing the audiovisual registration of criminal proceedings. As system and culture do not change easily, this may lead to more public-minded proceedings and to a shift in the public debate towards procedure.

  5. justice and the voice of learners?

    African Journals Online (AJOL)

    bodies, learners' involvement in decision making and in curriculum issues, and .... participation is encouraged, freedom of expression and a sense of justice and ... Democratic theory and theories of social justice cannot be divorced from.

  6. Occupational justice-bridging theory and practice.

    Science.gov (United States)

    Nilsson, Ingeborg; Townsend, Elizabeth

    2010-01-01

    The evolving theory of occupational justice links the concept to social justice and to concerns for a justice of difference: a justice that recognizes occupational rights to inclusive participation in everyday occupations for all persons in society, regardless of age, ability, gender, social class, or other differences. The purpose of this descriptive paper is to inspire and empower health professionals to build a theoretical bridge to practice with an occupational justice lens. Using illustrations from a study of leisure and the use of everyday technology in the lives of very old people in Northern Sweden, the authors argue that an occupational justice lens may inspire and empower health professionals to engage in critical dialogue on occupational justice; use global thinking about occupation, health, justice, and the environment; and combine population and individualized approaches. The authors propose that taking these initiatives to bridge theory and practice will energize health professionals to enable inclusive participation in everyday occupations in diverse contexts.

  7. Organizational justice and health; review of evidence.

    Science.gov (United States)

    Elovainio, Marko; Heponiemi, Tarja; Sinervo, Timo; Magnavita, Nicola

    2010-01-01

    Organizational justice is a construct defining the quality of social interaction at work. Organizational justice can be divided into three categories: procedural justice (fairness of the decision-making procedures), distributive justice (fairness of outcomes) and relational justice (equity and fairness in the interpersonal treatment of employees by their supervisors). Organizational justice is related to employees' health and well-being. Low perceived justice has been shown to be associated with experienced stress reactions and related physiological and behavioral reactions, such as inflammation, sleeping problems, cardiovascular regulation and cognitive impairments, and with a high rate of work absenteeism. This paper is a review of the literature on organizational justice and its impact on workers' health.

  8. Transitional Justice, Culture and Society: Beyond Outreach

    Directory of Open Access Journals (Sweden)

    Elise Ketelaars

    2014-12-01

    Full Text Available This article reviews Transitional Justice, Culture and Society: Beyond Outreach, edited by Clara Ramírez-Barat, International Center for Transitional Justice, New York: Social Science Research Council, 2014 ISBN 978-0-911400-02-1

  9. Does Social Justice Ground Democracy in Education or Does Democracy Ground Social Justice?

    Science.gov (United States)

    Fraser-Burgess, Sheron

    2013-01-01

    The author examines one particular systematic and normative theorization of social justice in Barry Bull's "Social Justice in Education." Bull embarks on a timely and ambitious theory-to-practice project of grounding an educational theory of social justice in Rawls's seminal, liberal, distributive justice tome. The author…

  10. 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…

  11. 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

  12. [The bioethical principlism model applied in pain management].

    Science.gov (United States)

    Souza, Layz Alves Ferreira; Pessoa, Ana Paula da Costa; Barbosa, Maria Alves; Pereira, Lilian Varanda

    2013-03-01

    An integrative literature review was developed with the purpose to analyze the scientific production regarding the relationships between pain and the principles of bioethics (autonomy, beneficence, nonmaleficence and justice). Controlled descriptors were used in three international data sources (LILACS, SciELO, MEDLINE), in April of 2012, totaling 14 publications categorized by pain and autonomy, pain and beneficence, pain and nonmaleficence, pain and justice. The adequate relief of pain is a human right and a moral issue directly related with the bioethical principlism standard model (beneficence, non-maleficence, autonomy and justice). However, many professionals overlook the pain of their patients, ignoring their ethical role when facing suffering. It was concluded that principlism has been neglected in the care of patients in pain, showing the need for new practices to change this setting.

  13. Climate justice is not just ice

    OpenAIRE

    Forsyth, Tim

    2014-01-01

    Discussions about climate change and justice frequently employ dichotomies of procedural and distributive justice, and inter- and intra-generational justice. These distinctions, however, often fail to acknowledge the diverse experience of climate risks, or the contested nature of many proposed solutions. This paper argues for a reassessment of debates about climate justice based upon a greater diversity of risks and solutions such as integrating the reduction of social vulnerability simultane...

  14. 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...

  15. Gendering agency in transitional justice

    DEFF Research Database (Denmark)

    Björkdahl, Annika; Selimovic, Johanna Mannergren

    2015-01-01

    . 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....... Such research enables us to engage with the subjects of post-conflict peacebuilding and transitional justice processes directly and in their own spaces. This article thus renders women’s agency visible and attempts to grasp its contributions and consequences for transformations from war to peace....

  16. 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 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....

  17. Reconciling justice and attribution research to advance climate policy

    Science.gov (United States)

    Huggel, Christian; Wallimann-Helmer, Ivo; Stone, Dáithí; Cramer, Wolfgang

    2016-10-01

    The Paris Climate Agreement is an important step for international climate policy, but the compensation for negative effects of climate change based on clear assignment of responsibilities remains highly debated. From both a policy and a science perspective, it is unclear how responsibilities should be defined and on what evidence base. We explore different normative principles of justice relevant to climate change impacts, and ask how different forms of causal evidence of impacts drawn from detection and attribution research could inform policy approaches in accordance with justice considerations. We reveal a procedural injustice based on the imbalance of observations and knowledge of impacts between developed and developing countries. This type of injustice needs to be considered in policy negotiations and decisions, and efforts strengthened to reduce it.

  18. Teaching for social justice and social action.

    Science.gov (United States)

    Torres-Harding, Susan R; Meyers, Steven A

    2013-01-01

    Social justice education involves promoting critical awareness of social inequalities and developing skills that work against these inequalities. This article describes a general theoretical framework for social justice education, describes general strategies for facilitating students' social justice awareness and engagement, identifies challenges to social education, and highlights articles in the special issue that address these themes.

  19. Conceptualizing Social Justice: Interviews with Principals

    Science.gov (United States)

    Wang, Fei

    2015-01-01

    Purpose: Today, as the understanding of diversity is further expanded, the meaning of social justice becomes even more complicated, if not confusing. The purpose of this paper is to explore how school principals with social justice commitment understand and perceive social justice in their leadership practices. Design/methodology/approach: A…

  20. A Nonviolent Approach to Social Justice Education

    Science.gov (United States)

    Wang, Hongyu

    2013-01-01

    This article advocates a nonviolent approach to social justice education. First, social justice education literature is reviewed, and two contrasting and influential approaches--critical theory and poststructural theory--are the focus of critical analysis. A nonviolent approach is proposed as an alternative. Second, the notion of social justice is…

  1. Six Considerations for Social Justice Group Work

    Science.gov (United States)

    Singh, Anneliese A.; Salazar, Carmen F.

    2010-01-01

    This article describes "courageous conversations" in social justice group work and a continuum of action for social justice interventions. It analyzes themes from 20 contributions to 2 consecutive special issues of "The Journal for Specialists in Group Work" on social justice group work. Implications for future development in group leadership and…

  2. 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 democracy

  3. Washington State Juvenile Justice Code: An Experiment in Justice.

    Science.gov (United States)

    Illinois Univ., Champaign. Community Research Center.

    In the Washington State juvenile justice system, serious or repeat offenders receive the full panoply of due process rights and procedures, with the exception of jury trials; minor offenders are diverted to community boards that require community service or victim restitution; and status offenders are removed from the courts' jurisdiction and…

  4. Juvenile Justice Bulletin: Aftercare Services. Juvenile Justice Practices Series.

    Science.gov (United States)

    Gies, Steve V.

    This bulletin examines aftercare services that provide youth with comprehensive health, education, family, and vocational services upon their release from the juvenile justice system. Aftercare can be defined as reintegrative services that prepare out-of-home placed juveniles for reentry into the community by reestablishing the necessary…

  5. Social Justice for Human Development

    Science.gov (United States)

    Jaramillo, Nathalia

    2010-01-01

    The topic of social justice in U.S. teacher education has a long and protracted history that harkens back to the civil rights movement of the mid-20th century, with its attendant legal rulings and constitutional amendments that sought to undo the legacy of discrimination against communities of color, women, and the poor. What is lost,…

  6. Bodies, Pollution, and Environmental Justice

    Science.gov (United States)

    Sze, Julie

    2006-01-01

    The field of American Studies explores the cultures and practices of individuals and communities in the United States, as well as their transnational exchanges and impacts. It is an interdisciplinary field that is based on making "connections." Environmental justice, as a social movement, also makes important connections. It integrates social and…

  7. Climate change, responsibility, and justice.

    Science.gov (United States)

    Jamieson, Dale

    2010-09-01

    In this paper I make the following claims. In order to see anthropogenic climate change as clearly involving moral wrongs and global injustices, we will have to revise some central concepts in these domains. Moreover, climate change threatens another value ("respect for nature") that cannot easily be taken up by concerns of global justice or moral responsibility.

  8. Autonomy, Vulnerability, Recognition, and Justice

    NARCIS (Netherlands)

    Anderson, J.H.; Honneth, A.

    2005-01-01

    One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life, these

  9. Autonomy, Vulnerability, Recognition, and Justice

    NARCIS (Netherlands)

    Anderson, J.H.; Honneth, A.

    2005-01-01

    One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life, these

  10. Social Justice for Human Development

    Science.gov (United States)

    Jaramillo, Nathalia

    2010-01-01

    The topic of social justice in U.S. teacher education has a long and protracted history that harkens back to the civil rights movement of the mid-20th century, with its attendant legal rulings and constitutional amendments that sought to undo the legacy of discrimination against communities of color, women, and the poor. What is lost,…

  11. Social Justice and Political Orthodoxy

    Science.gov (United States)

    Lukianoff, Greg

    2007-01-01

    Since 2003, the Teachers College of Columbia University has maintained a policy of evaluating students based on their "commitment to social justice." Before last summer, Columbia could blame the National Council for Accreditation of Teacher Education, the main accrediting body for schools of education, for those evaluation criteria. The…

  12. Feminism, Budgeting and Gender Justice

    Science.gov (United States)

    Misra, S. N.; Ghadai, Sanjaya Kumar

    2017-01-01

    The Fourth Conference on Women at Beijing (1995) underlined the importance of gender mainstreaming; spurring India to provide for separate Gender Budgeting in 2005-06. The Constitution tries to make fine balance between right to equality and positive discrimination for promoting gender justice in India. Yet high levels of Gender Inequality Index…

  13. Transformation in the Justice System

    Science.gov (United States)

    Brooks, Carol Cramer; Roush, David

    2014-01-01

    This article describes four waves of juvenile justice reform across the past century that have profoundly impacted how youth are served in community-based, detention, and correctional settings. This first wave of reform began in 1899 as Jane Addams founded the modern juvenile court in Chicago. These progressive reforms soon spread worldwide.…

  14. Autonomy, Vulnerability, Recognition, and Justice

    NARCIS (Netherlands)

    Anderson, J.H.; Honneth, A.

    2005-01-01

    One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life,

  15. Transformation in the Justice System

    Science.gov (United States)

    Brooks, Carol Cramer; Roush, David

    2014-01-01

    This article describes four waves of juvenile justice reform across the past century that have profoundly impacted how youth are served in community-based, detention, and correctional settings. This first wave of reform began in 1899 as Jane Addams founded the modern juvenile court in Chicago. These progressive reforms soon spread worldwide.…

  16. Cultural Cleavage and Criminal Justice.

    Science.gov (United States)

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  17. Bodies, Pollution, and Environmental Justice

    Science.gov (United States)

    Sze, Julie

    2006-01-01

    The field of American Studies explores the cultures and practices of individuals and communities in the United States, as well as their transnational exchanges and impacts. It is an interdisciplinary field that is based on making "connections." Environmental justice, as a social movement, also makes important connections. It integrates…

  18. 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…

  19. 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…

  20. 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…

  1. 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…

  2. The Scope of Justice for Muslim Americans: Moral Exclusion in the Aftermath of 9/11

    Science.gov (United States)

    Coryn, Chris L. S.; Borshuk, Catherine

    2006-01-01

    This paper details a social psychological study of prejudice and moral exclusion. We investigated whether participants, 47 non-Muslim U.S. citizens enrolled at a Midwestern university, considered Muslim Americans to be within their scope of justice, and whether principles of fairness, restitution, and corrective intervention would be applied to a…

  3. 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…

  4. Teaching and Learning Social Justice as an "Intellectual Community" Requirement: Pedagogical Opportunities and Student Understandings

    Science.gov (United States)

    Fuentes, Rey; Chanthongthip, Lara; Rios, Francisco

    2010-01-01

    This article describes efforts to introduce students in a first-year studies course to social justice principles with attention to the initial preparation of students for social activism. After describing the coursework and related activities, we share the findings--from observation and survey sources--associated with the initial social activism…

  5. 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…

  6. Older workers

    NARCIS (Netherlands)

    Ybema,J.F.; Giesen, F.

    2014-01-01

    Due to an ageing population and global economic competition, there is a societal need for people to extend their working lives while maintaining high work productivity. This article presents an overview of the labour participation, job performance, and job characteristics of older workers in the Eur

  7. 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…

  8. Development of Restorative Justice in China: Theory and Practice

    OpenAIRE

    Yinzhi Shen

    2016-01-01

    Restorative justice has become a global social movement for criminal justice reform, with over eighty countries adopting some form of restorative justice program to tackle their crime problems. The theory of restorative justice was introduced to the Chinese academia in 2002. So far, various restorative justice programs have been developed in China. This paper aims to systematically review the development of restorative justice in China by analyzing academic literature on restorative justice a...

  9. 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.

  10. The priority of justice: a framework approach to ethics in program evaluation.

    Science.gov (United States)

    Schweigert, Francis J

    2007-11-01

    The situations of evaluation are inevitably complex and various, often involving conflicts between ethical principles as well as among aims or stakeholders. To meet this challenge, evaluators and stakeholders need an interpretive framework to clarify the issues at hand and open the way to workable solutions. This paper provides a three-part framework of justice to guide practitioners in this interpretive task. First, evaluation is instituted to serve the public with fidelity to the values, standards, and ideals that characterize it as a profession and as an office deserving the public trust, here called public justice. Second, these requirements evoke and entail the more general demands of fair process, mutual respect, and right action known as procedural justice. Third, the operations of office and just process must serve the public good, meeting the demands of distributive justice that govern the allocation of goods and benefits. This framework takes as a starting point the priority of justice as articulated by John Rawls: "Justice is the first virtue of social institutions, as truth is to thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust" (1971, p. 3).

  11. Cristina Dâmboeanu, Assessments of the efficient implementation of restorative justice in Romania

    Directory of Open Access Journals (Sweden)

    Sorin M. Rădulescu

    2008-01-01

    Full Text Available During the last years, the juvenile justice system in Romania has faced many difficulties which have determined, experimentally at least, the change of the emphasis laid upon the model of retributive (official justice and the adoption of a new model based upon the increasing role played by community in the justice act and, complementarily, in the activities meant to re-socialize and re-insert juvenile offenders. In this context, more and more specialists of this field have got aware of the necessity of change with respect to criminal law policies meant for the punishment and treatment of juvenile offenders in Romania, by diversifying the intervention and prevention modalities of action conducted by the institutions meant to socialize and control youth from a social point of view, and especially by introducing principles and practices of restorative justice within the criminal law. The latter are meant to lead to the implication of community in the criminal law system and to an increasing number of juvenile offenders who should profit by punishments which are non-liberty-privative. The experience of many countries has demonstrated that the introduction of restorative justice practices within juvenile legislation may become on long term a living alternative to retributive justice. Both systems can function in parallell, thus offering much more efficient solutions to the problems concerning juvenile crime and punishments meant for juvenile offenders.

  12. 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.

  13. Towards New Literacies and Social Justice for Engineering Education

    Directory of Open Access Journals (Sweden)

    Wendy Marie Cumming-Potvin

    2013-05-01

    Full Text Available This paper argues for the need to develop engineering students with high levels of technical competency as well as critical awareness for the realities of working and living ethically in the global community. Drawing on social constructivist principles of learning (Vygotsky, 1978 and a pedagogy of multiliteracies (New London Group, 1996, 2000, the paper explores new approaches for engineering education to meet the challenges embedded in current undergraduate programs and professional accreditation standards. To improve the ability of engineers to contribute to social and environmental justice, there needs to be a rethinking of engineering curriculum and pedagogy to develop engineering literacies that encompass a social and technical focus.

  14. What Justice Entails

    Directory of Open Access Journals (Sweden)

    Víctor M. Muñiz-Fraticelli

    2012-09-01

    Full Text Available In The Birthright Lottery, Ayelet Shachar subjects the institution of birthright citizenship to close scrutiny by applying to citizenship the historical and philosophical critique of hereditary ownership built up over four centuries of liberal and democratic theory, and proposing compelling alternatives drawn from the theory of private law to the usual modes of conveyance of membership. Nonetheless, there are some difficulties with this critique. First, the analogy between entailed property and birthright citizenship is not as illustrative as Shachar intends it to be; second, the mechanism of the birthright privilege levy is insufficient for addressing structural impediments to growth; and third, the principle of ius nexi, while an important corrective to currently dominant principles of nationality, will likely have effects both unnecessary and insufficient to correct the injustices that Shachar identifies. In the end, the most significant improvements in the lives of the neediest persons on the planet are more likely advanced through conventional arguments for the lowering of barriers to the circulation of goods, labor, and capital. This shift in attention from opening borders to extending citizenship risks being a distraction from more effective means of addressing the injustices associated with global inequality.Dans son livre The Birthright Lottery, Ayelet Shachar soumet l’institution de la citoyenneté par droit de naissance à un examen rigoureux, en appliquant à la citoyenneté la critique philosophique et historique de la propriété héritée construite pendant quatre siècles de théorie démocratique libérale, et en proposant aux modes habituels d’attribution de la citoyenneté une alternative séduisante tirée de la théorie du droit privé. Néanmoins, cette critique comporte certaines difficultés. Premièrement, l’analogie entre la transmission de la propriété par l’institution de la taille et la citoyenneté par

  15. Variational principles

    CERN Document Server

    Moiseiwitsch, B L

    2004-01-01

    This graduate-level text's primary objective is to demonstrate the expression of the equations of the various branches of mathematical physics in the succinct and elegant form of variational principles (and thereby illuminate their interrelationship). Its related intentions are to show how variational principles may be employed to determine the discrete eigenvalues for stationary state problems and to illustrate how to find the values of quantities (such as the phase shifts) that arise in the theory of scattering. Chapter-by-chapter treatment consists of analytical dynamics; optics, wave mecha

  16. 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.

  17. 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.

  18. Intergenerational Justice in Aging Societies

    DEFF Research Database (Denmark)

    Vanhuysse, Pieter

    I present the Intergenerational Justice Index (IJI) - a simple four-dimensional indicator developed with the Bertelsmann Stiftung in order to compare intergenerational justice in practice across 29 OECD member states. The unit of analysis is countries, and the IJI is a macro-level snapshot linked......) the ecological footprint created by all generations alive today; (2) early-life starting conditions as measured by child poverty levels; and (3) the economic and fiscal burdens on the shoulders of currently young generations as measured by public debt levels per child. The fourth IJI dimension measures policy...... primarily to government activity rather than private behavior. Sustainability is the moral starting point: ‘enough and as good’ ought to be left by each generation to the next. Three of the IJI dimensions measure policy outcomes that leave legacy burdens towards younger and future generations: (1...

  19. Rawlsian Justice and Palliative Care

    DEFF Research Database (Denmark)

    Knight, Carl; Albertsen, Andreas

    2015-01-01

    Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare....... We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unable to provide such reasons and such care. This is because of a central feature in Daniels' account, namely that care should be provided to restore people's opportunities. Daniels' view is both unable...... to provide pain relief to those who need it as a supplement to treatment and, without justice-based reasons to provide palliative care to those whose opportunities cannot be restored. We conclude that this makes Daniels' framework much less attractive....

  20. Levinas, justice and health care.

    Science.gov (United States)

    Nortvedt, P

    2003-01-01

    In this paper I argue that the metaphysical ethics of Emmanuel Levinas captures some essential moral intuitions that are central to health care. However, there is an ongoing discussion about the relevance of ethical metaphysics for normative ethics and in particular on the question of the relationship between justice and individualized care. In this paper I take part in this debate and I argue that Levinas' idea of an ethics of the Other that guides politics and justice can shed important light on issues that are central to priorities in health care. In fact, the ethics of Levinas in seeking the foundation of normativity itself, captures the ethical core and central values of health care.

  1. [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.

  2. Food justice and Christian ethics

    Directory of Open Access Journals (Sweden)

    Heinrich Bedford-Strohm

    2012-12-01

    Full Text Available The article dealt with the moral and political problem of international food justice in which the deep contradiction between the present situation of malnourishment and starvation in large parts of the global population on the one hand and the biblical notion of the preferential option for the poor on the other hand was described. This ecumenically widely accepted notion was clarified in several aspects. How deeply this is rooted in the history of Christian social thought was shown by Martin Luther�s writings on the economy which have remained relatively unknown in the churches and in the scholarly world. The article then presented three models of Christian economic ethic: the technical economic model, the utopian economic model and the public theological economic model. On the basis of the public theological model seven challenges for international food justice were presented. The basis for these challenges is an understanding of globalisation which guarantees just participation for everyone and deals with nature in an ecologically sustainable way. The interests of small farmers are the basis for judging the activities of big agro-corporations. Public theology is the background for an active involvement of the churches as agents of a global civil society to promote international food justice.

  3. Genetic principles.

    Science.gov (United States)

    Abuelo, D

    1987-01-01

    The author discusses the basic principles of genetics, including the classification of genetic disorders and a consideration of the rules and mechanisms of inheritance. The most common pitfalls in clinical genetic diagnosis are described, with emphasis on the problem of the negative or misleading family history.

  4. Cosmological principle

    Energy Technology Data Exchange (ETDEWEB)

    Wesson, P.S.

    1979-10-01

    The Cosmological Principle states: the universe looks the same to all observers regardless of where they are located. To most astronomers today the Cosmological Principle means the universe looks the same to all observers because density of the galaxies is the same in all places. A new Cosmological Principle is proposed. It is called the Dimensional Cosmological Principle. It uses the properties of matter in the universe: density (rho), pressure (p), and mass (m) within some region of space of length (l). The laws of physics require incorporation of constants for gravity (G) and the speed of light (C). After combining the six parameters into dimensionless numbers, the best choices are: 8..pi..Gl/sup 2/ rho/c/sup 2/, 8..pi..Gl/sup 2/ rho/c/sup 4/, and 2 Gm/c/sup 2/l (the Schwarzchild factor). The Dimensional Cosmological Principal came about because old ideas conflicted with the rapidly-growing body of observational evidence indicating that galaxies in the universe have a clumpy rather than uniform distribution. (SC)

  5. Becoming Whole Language Teachers and Social Justice Agents: Pre-service Teachers Inquire with Sixth Graders

    Directory of Open Access Journals (Sweden)

    Monica Taylor

    2007-05-01

    Full Text Available As we strive to help pre-service teachers understand both why and how to teach for social justice, we face the challenge of making whole language teaching less abstract and intangible. Frequently pre-service teachers understand the principles of teaching for social justice but have no sense of how to infuse them into their teaching. They accept that these theories can be utilized in their education courses but they are doubtful that they would work successfully with children or even be accepted in K-12 school environments.

  6. INTERNATIONAL JURISDICTION IN INTELLECTUAL PROPERTY MATTERS: IS THE RIGHT OF ACCESS TO JUSTICE GUARANTEED?

    Directory of Open Access Journals (Sweden)

    Laura Bastos Carvalho

    2015-12-01

    Full Text Available This paper aims to provide an overview of international jurisdiction rules when it comes to intellectual property. Moreover, it provides an analysis of whether access to justice is guaranteed in international conflicts related to intellectual property. Firstly, the concept of international jurisdiction and its related principles are defined. Secondly, an explanation of the intellectual property rights is done in order to introduce the analysis of how international instruments regulate these conflicts. International and national case law are also analyzed. Lastly, it is concluded that legal uncertainty in this field can be itself an obstacle to access to justice.

  7. Organizational justice and mental health: a multi-level test of justice interactions.

    Science.gov (United States)

    Fischer, Ronald; Abubakar, Amina; Arasa, Josephine Nyaboke

    2014-04-01

    We examine main and interaction effects of organizational justice at the individual and the organizational levels on general health in a Kenyan sample. We theoretically differentiate between two different interaction patterns of justice effects: buffering mechanisms based on trust versus intensifying explanations of justice interactions that involve psychological contract violations. Using a two-level hierarchical linear model with responses from 427 employees in 29 organizations, only interpersonal justice at level 1 demonstrated a significant main effect. Interactions between distributive and interpersonal justice at both the individual and the collective levels were found. The intensifying hypothesis was supported: the relationship between distributive justice and mental health problems was strongest when interpersonal justice was high. This contrasts with buffering patterns described in Western samples. We argue that justice interaction patterns shift depending on the economic conditions and sociocultural characteristics of employees studied.

  8. Enhancing John Rawls's Theory of Justice to Cover Health and Social Determinants of Health1

    Science.gov (United States)

    Ekmekci, Perihan Elif; Arda, Berna

    2015-01-01

    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. PMID:27340331

  9. 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.

  10. Individualistic and social motives for justice judgments.

    Science.gov (United States)

    van Prooijen, Jan-Willem

    2013-09-01

    Justice judgments are subjective by nature, and are influenced substantially by motivational processes. In the present contribution, two motives underlying justice judgments are examined: individualistic motives to evaluate solutions to social problems that benefit the self in material or immaterial ways as fair versus social motives to conceptualize justice in terms of the well-being of others, such as a desire for equality, adherence to in-group norms, and a concern for the collective interest. A review of relevant research reveals evidence for both motivations when people make evaluations of justice. Moreover, which motive is most dominant in the justice judgment process depends on perceptual salience: whereas individualistic motives are activated when a perceiver's own needs and goals are perceptually salient, social motives are activated when others' needs and goals are perceptually salient. It is concluded that both individualistic and social motives contribute in predictable ways to justice judgments.

  11. Introduction. Les paradigmes de la justice

    Directory of Open Access Journals (Sweden)

    Cornelui Bîlbă

    2009-12-01

    Full Text Available Theories of justice are marred by a permanent state of conflict because they express prejudices whose source lies in the lifeworld. One may regard these theories as interpretations of the concept of justice. Assuming a strong meaning of “theory,” one can legitimately ask if it is possible to reduce a theory of justice to its underlying paradigm. Several different paradigms coexist in modernity; the tension between them has intensified with the advent of political ideologies. The newest paradigm of justice is global justice. Yet the epistemic status of all theories of justice is ambiguous. A theory ofjustice is true to the extent that it is right, and false if it is not. This applies toRawls’ theory, as well.

  12. 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...

  13. The Relationship between Justice and Attitudes: An Examination of Justice Effects on Event and System-Related Attitudes

    Science.gov (United States)

    Ambrose, Maureen; Hess, Ronald L.; Ganesan, Shankar

    2007-01-01

    Research in organizational justice has always been interested in the relationship between justice and attitudes. This research often examines how different types of justice affect different attitudes, with distributive justice predicted to affect attitudes about specific events (e.g., performance evaluation) and procedural justice predicted to…

  14. The Relationship between Justice and Attitudes: An Examination of Justice Effects on Event and System-Related Attitudes

    Science.gov (United States)

    Ambrose, Maureen; Hess, Ronald L.; Ganesan, Shankar

    2007-01-01

    Research in organizational justice has always been interested in the relationship between justice and attitudes. This research often examines how different types of justice affect different attitudes, with distributive justice predicted to affect attitudes about specific events (e.g., performance evaluation) and procedural justice predicted to…

  15. Partiality and distributive justice in African bioethics.

    Science.gov (United States)

    Wareham, Christopher Simon

    2017-04-01

    African ethical theories tend to hold that moral agents ought to be partial, in the sense that they should favour members of their family or close community. This is considered an advantage over the impartiality of many Western moral theories, which are regarded as having counterintuitive implications, such as the idea that it is unethical to save a family member before a stranger. The partiality of African ethics is thought to be particularly valuable in the context of bioethics. Thaddeus Metz, in particular, argues that his African-derived theory best accounts for a number of plausible intuitions, such as the intuition that health care practitioners ought to be biased towards the patients for whom they are directly responsible. In this article, I claim that the plausible intuitions drawn on in favour of partiality can be satisfactorily explained on the basis of impartial moral theories. Moreover, I argue that blanket acceptance of partiality has problematic consequences for distributive justice in resource allocation in biomedical contexts. By contrast, impartial theories can justify plausible instances of partiality whilst avoiding the pitfalls of fully partial moral theories. Although this provides grounds for abandoning partiality in principle, I claim that this finding should not be seen as damaging to African medical ethics. Instead, it prompts investigation of underexplored possibilities of impartial African moral theories. To demonstrate the value of this direction, I sketch some novel and attractive conceptions that combine impartiality with elements of African ethics.

  16. The emerging geographies of climate justice

    OpenAIRE

    Susannah Fisher

    2012-01-01

    Climate justice is a well-used concept within the international climate debate yet it has often remained little more than a static ideal. This paper brings together literatures on environmental justice, development processes, and the politics of scale to argue that we need to be more attentive to the emerging geographies of climate justice, particularly in the global South where climate change provokes questions of uneven development processes as well as environmental concerns. Through an ana...

  17. Predictors of Criminal Justice Outcomes Among Mental Health Courts Participants: The Role of Perceived Coercion and Subjective Mental Health Recovery.

    Science.gov (United States)

    Pratt, Christina; Yanos, Philip T; Kopelovich, Sarah L; Koerner, Joshua; Alexander, Mary Jane

    2013-04-01

    Internationally, one effort to reduce the number of people with serious mental illness (SMI) in jails and prisons is the development of Mental Health Courts (MHC). Research on MHCs to date has been disproportionately focused on the study of recidivism and re-incarceration over the potential of these problem-solving courts to facilitate mental health recovery and affect the slope or gradient of opportunity for recovery. Despite the strong conceptual links between the MHC approach and the recovery-orientation in mental health, the capacity for MHCs to facilitate recovery has not been explored. This user-informed mental health and criminal justice (MH/CJ) community based participatory (CBPR) study assesses the extent to which MHC practices align with recovery-oriented principles and may subsequently affect criminal justice outcomes. We report on the experiences and perceptions of 51 MHC participants across four metropolitan Mental Health Courts. Specifically, the current study assesses: 1) how defendants' perceptions of court practices, particularly with regard to procedural justice and coercion, relate to perceptions of mental health recovery and psychiatric symptoms, and, 2) how perceptions of procedural justice and mental health recovery relate to subsequent criminal justice outcomes. The authors hypothesized that perceived coercion and mental health recovery would be inversely related, that perceived coercion would be associated with worse criminal justice outcomes, and perceptions of mental health recovery would be associated with better criminal justice outcomes. Results suggest that perceived coercion in the MHC experience was negatively associated with perceptions of recovery among MHC participants. Perceptions of "negative pressures," a component of coercion, were important predictors of criminal justice involvement in the 12 month period following MHC admission, even when controlling for other factors that were related to criminal justice outcomes, and that

  18. Seeking Social Justice in the ACRL Framework

    Directory of Open Access Journals (Sweden)

    Andrew Battista

    2015-12-01

    Full Text Available The scope of this article is to address the possibilities and challenges librarians concerned with social justice may face when working with the ACRL Framework. While the Framework recognizes that information emerges from varied contexts that reflect uneven distributions of power, privilege, and authority, it is missing a cogent statement that connects information literacy to social justice. In this article, authors concerned with social justice and civic engagement will share their reflections on the Framework from a critical pedagogical and social justice orientation.

  19. 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 C

  20. 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)

  1. 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.

  2. Procedural Justice, Distributive Justice: How Experiences with Downsizing Condition Their Impact on Organizational Commitment

    Science.gov (United States)

    Clay-Warner, Jody; Hegtvedt, Karen A.; Roman, Paul

    2005-01-01

    Previous research demonstrates that both procedural justice and distributive justice are important predictors of work attitudes. This research, however, fails to examine conditions that affect the relative importance of each type of justice. Here we argue that prior experiences with regard to downsizing shape individuals' workplace schemas, which…

  3. Children’s Reasoning about Distributive and Retributive Justice across Development

    Science.gov (United States)

    Smith, Craig E.; Warneken, Felix

    2016-01-01

    Research on distributive justice indicates that preschool-age children take issues of equity and merit into account when distributing desirable items, but that they often prefer to see desirable items allocated equally in third-party tasks. By contrast, less is known about the development of retributive justice. In a study with 4–10-year-old children (n = 123) and adults (n = 93), we directly compared the development of reasoning about distributive and retributive justice. We measured the amount of rewards or punishments that participants allocated to recipients who differed in the amount of good or bad things they had done. We also measured judgements about collective rewards and punishments. We found that the developmental trajectory of thinking about retributive justice parallels that of distributive justice. The 4–5-year-olds were the most likely to prefer equal distributions of both rewarding and aversive consequences; older children and adults preferred deservingness-based allocations. The 4–5-year-olds were also most likely to judge collective rewards and punishments as fair; this tendency declined with increasing age. Our results also highlight the extent to which the notion of desert influences thinking about distributive and retributive justice; desert was considered equally when participants allocated reward and punishments, but in judgments about collective discipline, participants focused more on desert in cases of punishment compared to reward. We discuss our results in relation to theories about preferences for equality vs. equity, theories about how desert is differentially weighed across distributive and retributive justice, and in relation to the literature on moral development and fairness. PMID:26845506

  4. 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 str

  5. 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

  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. Promoting Justice and Autonomy in Public Policies to Reduce the Health Consequences of Obesity.

    Science.gov (United States)

    Buchanan, David R

    2015-12-01

    Public policies to reduce the extent of obesity in the United States have generated considerable public controversy. The paper examines the implications of proposed policies for the principles of justice and autonomy and key assumptions underlying the major contending positions with respect to the relative weight that should be assigned to them in balancing their respective claims. The analysis traces the crux of the debate regarding the ethical warrant for policies to restrict access to calorie-dense foodstuffs to two key issues: the appeal to different and conflicting theories of justice, and the conflation of autonomy with negative liberty in public debates. After clarifying the ethically relevant characteristics of autonomy that merit defense, the paper concludes with a description of how the capabilities approach to justice may offer a more coherent ethical framework for developing and evaluating policies to address the current obesity epidemic.

  8. 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.

  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. Organisational Justice: Migrant Worker Perceptions in Organisations in the United Arab Emirates

    Directory of Open Access Journals (Sweden)

    Kasim Randeree

    2014-09-01

    Full Text Available A justice framework can be used to understand how individuals within organisations respond to a varietyof human resource practices and also can be used prescriptively in designing the procedures andenactment of human resource practices. The principles of justice can be applied in order to understand theconsequences of any human resource practice. This paper examines the impact of the perception oforganisational justice on job satisfaction of unskilled workers in the city of Dubai in the United ArabEmirates (UAE. The key findings of the research revealed Dubai as having the largest proportion ofexpatriate workers globally and that these employees present a high level of grievance towards theiremployers. Major issues highlighted by the survey include pay, workload, job responsibilities, bias, andemployer injustice.

  11. 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.

  12. Environmental justice regulations draw fire

    Science.gov (United States)

    Showstack, Randy

    Advocates of "environmental justice" say that proposed U.S. Environmental Protection Agency (EPA) regulations are necessary to ensure that an unfair share of industrial facilities and waste plants are not sited in poor and minority communities, as they claim has occurred in the past.However, a number of state and local government agencies, business groups, and Democratic and Republican politicians argue that EPA guidelines—written to put some teeth into the Title VI clause of the Civil Rights Act that prohibits discrimination in all federally funded programs and activities—are unworkable and need to be overhauled.

  13. 78 FR 2443 - Criminal Justice Interview Room Recording System (IRRS) Standard, Supplier's Declaration of...

    Science.gov (United States)

    2013-01-11

    ... From the Federal Register Online via the Government Publishing Office ] DEPARTMENT OF JUSTICE Office of Justice Programs Criminal Justice Interview Room Recording System (IRRS) Standard, Supplier's... Criminal Justice IRRS Supplier's Declaration of Conformity Requirements 3. Draft Criminal Justice...

  14. Facts, Principles and the Third Man

    Directory of Open Access Journals (Sweden)

    Lea Ypi

    2012-02-01

    Full Text Available In the dialogue entitled “Parmenides” Plato introduces an objection to his own theory of ideas, one that he never managed to answer, dubbed by Aristotle as the “Third Man” argument. According to that objection, the theory of ideas is threatened with infinite regress when examining why a specific Platonic form (say, justice is predicated of a particular set of facts. This article seeks to show how any defence of fact-insensitive principles like the one offered by G.A. Cohen in his recent book “Rescuing Justice and Equality” is vulnerable to a similar objection. Cohen wants to insist that, when showing why facts support principles, the process of reason-giving is finite and terminates in fact-independent comprehensive principles. But something like the Third Man argument undermines Cohen’s conclusion just as it does Plato’s. The search for ultimate fact-independent principles is indeed threatened by infinite regress.

  15. THE EQUALITY PRINCIPLE REQUIREMENTS

    Directory of Open Access Journals (Sweden)

    CLAUDIA ANDRIŢOI

    2013-05-01

    Full Text Available The problem premises and the objectives followed: the idea of inserting the equality principle between the freedom and the justice principles is manifested in positive law in two stages, as a general idea of all judicial norms and as requirement of the owner of a subjective right of the applicants of an objective law. Equality in face of the law and of public authorities can not involve the idea of standardization, of uniformity, of enlisting of all citizens under the mark of the same judicial regime, regardless of their natural or socio-professional situation. Through the Beijing Platform and the position documents of the European Commission we have defined the integrative approach of equality as representing an active and visible integration of the gender perspective in all sectors and at all levels. The research methods used are: the conceptualist method, the logical method and the intuitive method necessary as means of reasoning in order to argue our demonstration. We have to underline the fact that the system analysis of the research methods of the judicial phenomenon doesn’t agree with “value ranking”, because one value cannot be generalized in rapport to another. At the same time, we must fight against a methodological extremism. The final purpose of this study is represented by the reaching of the perfecting/excellence stage by all individuals through the promotion of equality and freedom. This supposes the fact that the existence of a non-discrimination favourable frame (fairness represents a means and a condition of self-determination, and the state of perfection/excellency is a result of this self-determination, the condition necessary for the obtaining of this nondiscrimination frame for all of us and in conditions of freedom for all individuals, represents the same condition that promotes the state of perfection/excellency. In conclusion we may state the fact that the equality principle represents a true catalyst of the

  16. The Domain of Distributive Justice: Personal Choices, Institutions, States of Affairs

    Directory of Open Access Journals (Sweden)

    Alistair MacLeod

    2012-02-01

    Full Text Available This article examines G.A. Cohen’s celebrated critique of the Rawlsian doctrine of “the basic structure as subject.” Cohen describes the principal difference between his and Rawls’s view of “the site of distributive justice” – that is, of “the sorts of items to which principles of distributive justice apply” – by claiming that whereas in his view “both just rules and just personal choice within the framework set by just rules are necessary for distributive justice,” the Rawlsian view is that “distributive justice and injustice are features of the rules of the public order alone.” Despite the acuteness of Cohen’s criticisms of the Rawlsian positions he targets, there are important strands in Rawls’s view of the domain within which judgments of distributive justice can be made that are not adequately reflected in these positions. When these ambiguities in Rawls’s writings are given due weight, it emerges that the similarities between the views Rawls and Cohen take of the task of a theory of distributive justice are more striking than the differences. The only major difference, arguably, concerns the status of judgments about the “personal choices” the members of a society must make when their options are unconstrained by just institutional rules – that is, when the alternatives they can opt for are neither required nor prohibited by these rules. For Rawls these are choices they are at liberty to make in any way they please. According to Cohen, however, at least some of these choices must be made by direct appeal to the principles of distributive justice that underpin just institutional rules.

  17. Social Justice: An Historical and Philosophical Perspective

    Science.gov (United States)

    Stoll, Sharon Kay

    2011-01-01

    Social justice in education concerns three questions: whom do we teach, what do we teach, and how do we teach? In this article the author briefly discusses social justice and its related concepts, its historical underpinnings, the social climate that brought about social change, and its effect on teaching physical activity. She also gives personal…

  18. Why global distributive justice cannot work

    NARCIS (Netherlands)

    Kamminga, M.R.

    2006-01-01

    This paper argues that a political theory of global distributive justice, as envisaged by neo-Rawlsian cosmopolitans, makes no sense. Political theorists such as Charles Beitz, Thomas Pogge, and Darrel Moellendorf have argued that John Rawls's egalitarian conception of distributive justice should be

  19. Social Justice in School Psychology: Moving Forward

    Science.gov (United States)

    Briggs, Alissa

    2009-01-01

    The topic of social justice is not new to dialogue and research within disciplines that serve children, such as education and psychology. The commitment to social justice within the fields of education and psychology is evidenced by the attention that their organizations--the American Educational Research Association (AERA) and the American…

  20. Ideological Repositioning: Race, Social Justice, and Promise

    Science.gov (United States)

    Hodge, Samuel R.

    2014-01-01

    In this paper, I engage in discourse centrally located in the ideology of race in the United States of America juxtaposed to social justice with promise for tomorrow in higher education and beyond. I assert that social justice in kinesiology requires that once hired, retaining, securing tenured status, and promoting faculty of color means having…

  1. 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…

  2. 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…

  3. 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…

  4. Mentoring and Organizational Justice: An Empirical Investigation.

    Science.gov (United States)

    Scandura, Terri A.

    1997-01-01

    Usable responses from 197 of 300 Australian managers indicated those who had mentors perceived more organizational justice than those who had not. Career, psychosocial, and role modeling functions of mentoring were significantly and positively related to perceptions of distributive and procedural justice. (SK)

  5. Social Justice and Educational Administration: Mutually Exclusive?

    Science.gov (United States)

    Karpinski, Carol F.; Lugg, Catherine A.

    2006-01-01

    Purpose: The purpose of this article is to explore some of the current tensions within educational administration in the USA and conclude with a few cautions for educators who engage in social justice projects. Design/methodology/approach: Using a selective case, this historical essay examines the issues of social justice and equity as they have…

  6. Are transcendental theories of justice redundant?

    NARCIS (Netherlands)

    I.A.M. Robeyns (Ingrid)

    2012-01-01

    textabstractAmartya Sen’s The Idea of Justice is a very rich book, with many aspects worth discussing. I will limit myself here to one major claim that Sen makes, namely that transcendental theories of justice are redundant. I will argue that this ‘Redundancy Claim’ is mistaken, since for

  7. Values and Social Justice in Counseling

    Science.gov (United States)

    Crethar, Hugh C.; Winterowd, Carrie L.

    2012-01-01

    The construct of social justice in counseling is defined and operationalized in this article. This is followed by a discussion about the intersection between social justice in counseling and philosophy, ethics, and spirituality. A call to action for counseling professionals is offered. (Contains 1 figure.)

  8. 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…

  9. Justice and Social Cohesion: Some conservative perspectives

    DEFF Research Database (Denmark)

    Pedersen, Søren Hviid

    2011-01-01

    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...

  10. 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…

  11. Mister Chief Justice. A Study Guide.

    Science.gov (United States)

    Kuehl, John W.

    Intended to accompany the film "Mister Chief Justice," this study guide introduces the life of John Marshall and early U.S. history through a fictional account of a dinner party at the home of the chief justice in March, 1801. The guide presents the historical characters who attended the dinner, including John Marshall, Mary Willis Marshall, Eliza…

  12. 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.

  13. Development of Restorative Justice in China: Theory and Practice

    Directory of Open Access Journals (Sweden)

    Yinzhi Shen

    2016-12-01

    Full Text Available Restorative justice has become a global social movement for criminal justice reform, with over eighty countries adopting some form of restorative justice program to tackle their crime problems. The theory of restorative justice was introduced to the Chinese academia in 2002. So far, various restorative justice programs have been developed in China. This paper aims to systematically review the development of restorative justice in China by analyzing academic literature on restorative justice and key legislative documentations. Major debates in restorative justice among Chinese scholars and a review of the indigenous restorative justice practice, criminal reconciliation (Xingshi Hejie, are provided. The study also analyzes the impetus of this soaring popularity of restorative justice in China, considering the macro social, political and legal background. Last but not least, a review of the major evaluation studies of current programs reveals that little is known about the process of various restorative justice programs from the parties’ own perspective.

  14. Dimensionality of organizational justice in a call center context.

    Science.gov (United States)

    Flint, Douglas; Haley, Lynn M; McNally, Jeffrey J

    2012-04-01

    Summary.-Employees in three call centers were surveyed about their perceptions of organizational justice. Four factors were measured: distributive justice, procedural justice, interpersonal justice, and informational justice. Structural equation modeling was employed to test whether a two-, three-, or four-factor model best fit the call center data. A three-factor model of distributive, procedural, and informational justice provided the best fit to these data. The three-factor model that showed the best fit does not conform to any of the more traditional models identified in the organizational justice literature. This implies that the context in which organizational justice is measured may play a role in identifying which justice factors are relevant to employees. Findings add to the empirical evidence on the dimensionality of organizational justice and imply that dimensionality of organizational justice is more context-dependent than previously thought.

  15. 程序正义的理论困境与现实悖论%theory predicament and real paradox of the procedure justice

    Institute of Scientific and Technical Information of China (English)

    吕少波

    2013-01-01

      程序正义有利于平衡各种相互冲突的利益,确保正义理念最大限度地实现。单从理论上遵循自主、公正、理性三原则进行的制度设计以达到程序正义的目标,在实践中却受到来自人性的弱点和程序自身的干扰,造成理论与现实的脱节。同时也体现出程序正义并不能独立存在而有赖于实质正义的评判标准,但是二者并不能一劳永逸地实现社会正义,殊途同归,还须回归制度建设的道路上来,在制度建设中贯彻正义之原则以最终趋向程序正义。%Procedure justice is beneficial to balance a variety of conflicting interests and ensure maximize the realization of the idea of justice.Only at the theoretical level design system abide by independent, impartial and rational principles to achieve the goal of procedure justice,in practice, this approach suffers from the weakness of human nature and interference of program itself,therefore,The result is disconnection between theory and reality.At the same time,it illustrated that procedure justice cannot exist independently but depends on judge of the substantive justice.However,neither procedure justice nor substantive justice can not realize social justice thoroughly.Last,both them should return to the system construction of the road,in system construction to carry out the principles of justice to tend to procedure justice.

  16. Ethical principles and concepts in medicine.

    Science.gov (United States)

    Taylor, Robert M

    2013-01-01

    Clinical ethics is the application of ethical theories, principles, rules, and guidelines to clinical situations in medicine. Therefore, clinical ethics is analogous to clinical medicine in that general principles and concepts must be applied intelligently and thoughtfully to unique clinical circumstances. The three major ethical theories are consequentialism, whereby the consequences of an action determine whether it is ethical; deontology, whereby to be ethical is to do one's duty, and virtue ethics, whereby ethics is a matter of cultivating appropriate virtues. In the real world of medicine, most people find that all three perspectives offer useful insights and are complementary rather than contradictory. The most common approach to clinical ethical analysis is principlism. According to principlism, the medical practitioner must attempt to uphold four important principles: respect for patient autonomy, beneficence, nonmaleficence, and justice. When these principles conflict, resolving them depends on the details of the case. Alternative approaches to medical ethics, including the primacy of beneficence, care-based ethics, feminist ethics, and narrative ethics, help to define the limitations of principlism and provide a broader perspective on medical ethics.

  17. Gamescape Principles

    DEFF Research Database (Denmark)

    Nobaew, Banphot; Ryberg, Thomas

    2011-01-01

    This paper proposes a new theoretical framework or visual grammar for analysing visual aspects of digital 3D games, and for understanding more deeply the notion of Visual Digital Game Literacy. The framework focuses on the development of a visual grammar by drawing on the digital literacy framewo...... as to understand how learners posses or can develop broader critical media literacies and visual digital literacies in education.......This paper proposes a new theoretical framework or visual grammar for analysing visual aspects of digital 3D games, and for understanding more deeply the notion of Visual Digital Game Literacy. The framework focuses on the development of a visual grammar by drawing on the digital literacy framework...... and interviews) collected during a game workshop where students, studying to become game designers, developed a number of games. The visual digital literacy framework we propose consists of five main major components: Gamescape Principles, Interpretation, Style, Experiences and Practices. For the purpose...

  18. 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…

  19. TRANSITIONAL JUSTICE AND DEMOCRATIC CHANGE: KEY CONCEPTS

    Directory of Open Access Journals (Sweden)

    ELENA ANDREEVSKA

    2013-05-01

    Full Text Available This Article proposes a genealogy of transitional justice and focuses on transitional justice as one of the key steps in peace building that needs to be taken to secure a stable democratic futureTransitional justice is a response to systematic or widespread violations of human rights. It seeks recognition for victims and promotion of possibilities for peace, reconciliation and democracy. The paper focuses on key concepts of transitional justice before addressing its traditional components: justice, reparation, truth and institutional reform. This Article meeting point on the transitional process in a society which has experienced a violent conflict and needs adequate mechanisms to deal with the legacies of the past in order to prevent future violence and cover the way for reconciliation and democratic consolidation. It provides key stakeholders with an overview of transitional justice and its different components, while examining key challenges faced by those working in this area. The present paper concludes with some remarks that challenge the traditional concept of transitional justice and its processes in order to initiate important debate on where future work in this field is needed.

  20. TRANSITIONAL JUSTICE AND DEMOCRATIC CHANGE: KEY CONCEPTS

    Directory of Open Access Journals (Sweden)

    Elena ANDREEVSKA

    2013-06-01

    Full Text Available This Article proposes a genealogy of transitional justice and focuses on transitional justice as one of the key steps in peace building that needs to be taken to secure a stable democratic future. Transitional justice is a response to systematic or widespread violations of human rights. It seeks recognition for victims and promotion of possibilities for peace, reconciliation and democracy. The paper focuses on key concepts of transitional justice before addressing its traditional components: justice, reparation, truth and institutional reform. This Article meeting point on the transitional process in a society which has experienced a violent conflict and needs adequate mechanisms to deal with the legacies of the past in order to prevent future violence and cover the way for reconciliation and democratic consolidation. It provides key stakeholders with an overview of transitional justice and its different components, while examining key challenges faced by those working in this area. The present paper concludes with some remarks that challenge the traditional concept of transitional justice and its processes in order to initiate important debate on where future work in this field is needed.

  1. 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...

  2. Looking for justice: could RHM help to find it?

    OpenAIRE

    Aguirre de Mena, Juan Martín

    2015-01-01

    1. What is Justice? 2. Reflections on some human perspectives of Justice 3. Approach to the concept of Social Justice 4. Social Justice and Labour Law: From a protective purpose to an inclusive one Universidad de Málaga. Campus de Excelencia Internacional Andalucía Tech

  3. 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...

  4. Justice Delivered Locally : Systems, Challenges, and Innovations in Solomon Islands

    OpenAIRE

    2013-01-01

    This report presents the research findings of the Justice Delivered Locally (JDL) initiative of Solomon Islands' Ministry of Justice and Legal Affairs, which was supported by the World Bank's Justice for the Poor (J4P) program. JDL supports the Solomon Islands Government (SIG) policy of reinvigorating local-level justice systems. This is based on an understanding that developmentally impor...

  5. 44 CFR 11.17 - Referral to Department of Justice.

    Science.gov (United States)

    2010-10-01

    ... 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... Justice. 11.17 Section 11.17 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT...

  6. 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.

  7. Environmental assessment and social justice

    Energy Technology Data Exchange (ETDEWEB)

    Vogt, B.M.; Sorensen, J.H. [Oak Ridge National Lab., TN (United States); Hardee, H. [Tennessee Univ., Knoxville, TN (United States)

    1995-03-01

    The purpose of this document is to describe an approach to assessing environmental justice issues at the start of proposed project. It is a structural approach to screening using readily available census data and commercial products that emphasizes the ability to replicate results and provide systematic data that can be used to identify spatial inequities. While our discussion of the methodology addresses only public health and safety issues related to certain minority and cohort sub-groups, systematic use of methodology could provide a valuable screening tool for identifying impacts particular to low-income groups. While the assumptions can be questioned as to applicability, they are based both on theory and practical knowledge.

  8. Global Poverty, Justice and Taxation

    Directory of Open Access Journals (Sweden)

    Ciprian Niţu

    2012-10-01

    Full Text Available The question of poverty and justice inside global economic system has received three major types of responses in political theory. The communitarian perspective considers political culture of a society as the main cause of the wealth of that society, and accordingly limits the redistributive duty to the nation-state borders. A second view, which can be called liberal internationalism, claims that trade liberalization is the best way to reduce poverty in developing countries and create a more equitable and stable economic order. This paper argues that a third perspective seems to be a better approach. The cosmopolitan perspective points out that international economic system should be reformed by building up a global tax regime.

  9. [Health and justice in Germany].

    Science.gov (United States)

    Rosenbrock, R

    2007-12-01

    "What do we owe each other?" Variously grounded postulates and theories of social justice try to answer this question with regard to health. Equality of opportunity is widely acclaimed and in Germany also anchored in social security laws. From the perspective of equal opportunity, the author examines the state of affairs and the perspectives of equity in health. Although the deficiencies with regard to access and quality of health care are significant, but relatively moderate, they present serious threats to equity and fairness for the future. Regarding non-medical primary prevention, the reduction of inequality in health has barely begun. The largest obstacles to equity in health are to be found in the distribution and dynamics of opportunities for education, work and income. One of the tasks of public health professionals is to place the health consequences of existing policies on the political agenda.

  10. Reframing Citizenship and Gender Justice -

    DEFF Research Database (Denmark)

    Siim, Birte

    Marshall’s classical formulation of citizenship was associated with equal rights and duties of citizens within the nation state (Marshall 1950). It was at the same time based upon inequality within the category citizen, i.e. based on gender and ethnicity, as well between citizens and non...... to reframe the concept of citizenship to include visions of gender equality and gender justice within and beyond the nation states (Siim 2013). One crucial issue is how to expand the understanding of citizenship to include cultural diversity within the nation state. Scholars have proposed a multicultural...... citizenship (Kymlicka 1995), which recognizes the diversity and accommodate the cultural difference of minority groups within the nation states. Another crucial issue is how to expand citizenship to the transnational/global level. Scholars have proposed a notion of rooted cosmopolitan citizenship (Benhabib...

  11. Justice in the genetically transformed society.

    Science.gov (United States)

    Farrelly, Colin

    2005-03-01

    This paper explores some of the challenges raised by human genetic interventions for debates about distributive justice, focusing on the challenges that face prioritarian theories of justice and their relation to the argument advanced by Ronald Lindsay elsewhere in this issue of the Kennedy Institute of Ethics Journal. Also examined are the implications of germ-line genetic enhancements for intergenerational justice, and an argument is given against Fritz Allhoff's conclusion, found in this issue as well, that such enhancements are morally permissible if and only if they augment primary goods.

  12. 正义与社会正义辨正%Discrimination of Justice and Social Justice

    Institute of Scientific and Technical Information of China (English)

    路振召

    2011-01-01

    长期以来人们习惯于对正义和社会正义不加区分地混同使用,这无疑影响了对正义的深入理解。本文试图在厘清正义与社会正义区别与联系的基础上为对正义展开深入讨论提供一个独特的理论视角。%It has long been accustomed to indiscriminating in using justice and social justice,which undoubtedly affected the in-depth understanding of justice.This paper attempts to provide a unique theoretical perspective for in-depth discussion on justice,based on clarifying the differences between justice and social justice.

  13. Selecting subjects for participation in clinical research: one sphere of justice.

    OpenAIRE

    Weijer, C.

    1999-01-01

    Recent guidelines from the US National Institutes of Health (NIH) mandate the inclusion of adequate numbers of women in clinical trials. Ought such standards to apply internationally? Walzer's theory of justice is brought to bear on the problem, the first use of the theory in research ethics, and it argues for broad application of the principle of adequate representation. A number of practical conclusions for research ethics committees (RECs) are outlined. Eligibility criteria in clinical tri...

  14. THE CHILD JUSTICE ACT: PROCEDURAL SENTENCING ISSUES

    Directory of Open Access Journals (Sweden)

    Stephan S Terblanche

    2013-04-01

    Full Text Available In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is sentenced to any form of imprisonment or to residence in a care centre. The article addresses the question of whether or not the reference to imprisonment includes alternative imprisonment which is imposed only as an alternative to a fine. It suggests that alternative imprisonment should, generally, not be imposed on child offenders. When an exception is not prevented because of the sentence, a pre-sentence report may be dispensed with only when the offence is a schedule-1 offence (the least serious class of offences or when obtaining a report would prejudice the child. It is argued that these exceptions are likely to occur rather rarely. A final aspect of the Act’s provisions on pre-sentence reports is the requirement that reasons be given for a departure from the recommendations in a pre-sentence report. This requirement merely confirms the status quo.The Act permits the prosecutor to provide the court with a victim impact statement. Such a statement is defined in the Act. It is a sworn statement by a victim or someone authorised by the victim explaining the consequences to the victim of the commission of the crime. The article also addresses the issue of whether or not the child justice court might mero motu obtain a victim impact statement when the prosecution does not do so.Finally, the article addresses appeals against and reviews of the trial

  15. 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.

  16. The role of universities in achieving social justice%社会公正与大学角色

    Institute of Scientific and Technical Information of China (English)

    蒋凯

    2009-01-01

    社会公正是人类社会重要的道德法则,也是全部社会制度的首要价值.作为一个典型的公共领域,大学负载着实现公共利益的办学目的,在体现、维护和促进社会公正方面扮演着重要角色.培养具有社会公正意识的人是大学的一项重要使命;大学传播、倡导社会公正观念,有利于促进大众的社会公正意识的形成;实现社会公正,还要求大学自身在程序上努力体现和维护公正.%Social justice is not only a vital ethical principle of the human society but also the all-important value of the entire social system. As a public sphere, the university undertakes the purpose to achieve public interest. It plays a significant role in reflecting, defending, and fostering social justice. Nurturing people with social justice awareness is a key mission of the university; it communicates and advocates the ideas of social justice, which helps to foster social justice consciousness of the public; and, for its own part, it must strive to embody and defend procedural justice.

  17. Capabilitarian Sufficiency: Capabilities and Social Justice

    DEFF Research Database (Denmark)

    Nielsen, Lasse; Axelsen, David Vestergaard

    2016-01-01

    This paper suggests an account of sufficientarianism—i.e. that justice is fulfilled when everyone has enough—laid out within a general framework of the capability approach. In doing so, it seeks to show that sufficiency is especially plausible as an ideal of social justice when constructed around...... key capabilitarian insights such as freedom, pluralism, and attention to empirical interconnections between central capabilities. Correspondingly, we elaborate on how a framework for evaluating social justice would look when constructed in this way and give reasons for why capabilitarians should...... of a social being. In each category, we argue, achieving sufficiency requires different distributional patterns depending on how the capabilities themselves work and interrelate. This argument adds a new dimension to the way capabilitarians think about social justice and changes how we should target instances...

  18. Immigration, Crime and Criminal Justice Systems

    NARCIS (Netherlands)

    Leun, van der J.P.; Herzog-Evans, M.

    2010-01-01

    In a three volume collection Wolf Legal Publishers presents The Transnational Criminology Manual. We are happy with contributions from more than 100 eminent specialists from the field including scholars from, among others, France (Reims University, Department of Justice) Canada (Montreal

  19. Environmental Justice Challengers for Ecosystem Service Valuation

    Science.gov (United States)

    In pursuing improved ecosystem services management, there is also an opportunity to work towards environmental justice. The practice of environmental valuation can assist with both goals, but as typically employed obscures distributional analysis. Furthermore, valuation technique...

  20. Job Cognition and Justice Influencing Organizational Attachment

    Directory of Open Access Journals (Sweden)

    Sangeeta Sahu

    2014-02-01

    Full Text Available Organizational attachment echoes the psychological bond between employee and employer relations, differing from affective component of commitment in terms of employees’ psychological and behavioral involvement. This study examines the extent to which employee perception about procedural, distributive justice and job cognition contributes toward organizational attachment in India. The effect of justice and job cognition variables relates differently to previous studies from western part of the globe. First, in past studies, procedural justice predicted commitment, whereas, for Indian employees, distributive justice contributed to organizational attachment. Second, the contribution of extrinsic job cognition in organizational attachment was evident in the model developed using Structural Equation Modeling (SEM; AMOS. Organizations must take cognizance of the outcomes exhibited by the behavior of managers while following the laid down policies and processes. Cognition of fairness at workplace and attachment can play key role in limiting retention. Practical implications and future research directions are discussed.

  1. Crime and Justice: Taking a Futuristic Approach.

    Science.gov (United States)

    Stephens, Gene; Tafoya, William L.

    1985-01-01

    How to apply futuristic approaches to crime and justice in an effort to prevent crime and deal more effectively with offenders is described. Planning, brainstorming, using the Delphi method, and opinion polling are discussed. (Author/RM)

  2. Environmental Justice (EJSCREEN) Block Group Data (USEPA)

    Data.gov (United States)

    U.S. Environmental Protection Agency — EJSCREEN is an environmental justice (EJ) screening and mapping tool that provides EPA with a nationally consistent dataset and methodology for calculating "EJ...

  3. Enviromental Justice (EJSCREEN) Block Group Data (USEPA)

    Data.gov (United States)

    U.S. Environmental Protection Agency — EJSCREEN is an environmental justice (EJ) screening and mapping tool that provides EPA with a nationally consistent dataset and methodology for calculating "EJ...

  4. Profile of Older Americans

    Science.gov (United States)

    ... covers 15 topical areas, including population, income and poverty, living arrangements, education, health, and caregiving. A Profile ... Elder Justice Innovation Grants Late Life Domestic Violence World Elder Abuse Awareness Day State Grants to Enhance ...

  5. Justice Without Justice--A Study on Mar’s Theory of Justice%没有正义的正义--马克思正义思想研究

    Institute of Scientific and Technical Information of China (English)

    曹孟勤

    2016-01-01

    the private ownership thoroughly. Therefore Marx always remained watchful towards the theory of justice and saw it as a capitalist ideology. The reason for Marx to sniff at the theory of justice is that behind any just distribution is unjust distribution, behind equal rights are unequal rights and the pursuit of justice suggests the unjust social reality. The design of just society by Marx starts from injustice instead of justice, i. e. from satisfying different needs of different people. Justice implies injustice while behind injustice is the real justice. The“doing what you can and getting what you need”principle of communist society transcends the prerequisite for justice, and therefore, there is no justice. Justice without justice does not mean the lack of justice, but rather, it suggests fully realized justice, in which there is no justice.

  6. Handbook For Military Justice and Civil Law

    Science.gov (United States)

    1996-02-01

    entire class—that he was a real bad dude. Apparently, while at the reformatory, he was diagnosed as having a schizoid personality with alternating...deterioration of the brain, mental retardation, or psychiatric disorders . Personality disorders not rising to the level of mental illness do not...para. 6105. a. Basis: personality disorder (1) Correct Naval Justice School Rev- 2/96 Publication IV-46-7 Handbook for Military Justice

  7. 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.

  8. Competing Principles for Allocating Health Care Resources.

    Science.gov (United States)

    Carter, Drew; Gordon, Jason; Watt, Amber M

    2016-10-01

    We clarify options for conceptualizing equity, or what we refer to as justice, in resource allocation. We do this by systematically differentiating, expounding, and then illustrating eight different substantive principles of justice. In doing this, we compare different meanings that can be attributed to "need" and "the capacity to benefit" (CTB). Our comparison is sharpened by two analytical tools. First, quantification helps to clarify the divergent consequences of allocations commended by competing principles. Second, a diagrammatic approach developed by economists Culyer and Wagstaff offers a visual and conceptual aid. Of the eight principles we illustrate, only two treat as relevant both a person's initial health state and a person's CTB per resource unit expended: (1) allocate resources so as to most closely equalize final health states and (2) allocate resources so as to equally restore health states to population norms. These allocative principles ought to be preferred to the alternatives if one deems relevant both a person's initial health state and a person's CTB per resource unit expended. Finally, we examine some possibilities for conceptualizing benefits as relative to how badly off someone is, extending Parfit's thought on Prioritarianism (a prioritizing of the worst off). Questions arise as to how much intervention effects accruing to the worse off count for more and how this changes with improving health. We explicate some recent efforts to answer these questions, including in Dutch and British government circles. These efforts can be viewed as efforts to operationalize need as an allocative principle. Each effort seeks to maximize in the aggregate quanta of effect that are differentially valued in favor of the worst off. In this respect, each effort constitutes one type of Prioritarianism, which Parfit failed to differentiate from other types.

  9. 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.

  10. Basic principles of bioethics and orthodox ethics

    Directory of Open Access Journals (Sweden)

    George Katsimigas George

    2010-04-01

    Full Text Available The galloping progress in genetic and medical technology has led to the birth of the new science of bioethics. Bioethics examines the ethical dimension of problems arising from the application of the discoveries in the fields of biology and genetics and the effects they may have on nature and people in particular, from the aspect of anthropological teaching of the church Fathers.Aim: The aim of this article is: a the delimitation of the scientific field of bioethics and its historical background, b the emergence of the principles of the science of bioethics, c the determination of the principles of orthodox morality though which the issues arising from the application of genetic engineering in human are faced.Material and Method: The method used to collect material for the writing of this article “principles of bioethics and orthodox morality”, was the widespread review of international and Greek bibliography. For the collection of the English bibliography the electronic database CINAHL was used. The keywords used in combination were Bioethics orthodox ethics. Results: The basic principle of bioethics are: a the principle of autonomy, b the principle of equivalence, c the principle of not causing harm and pain, d the principle of utility or beneficence, e the principle of justice. The orthodox approach to the issues arising from the application of genetics human is based on the Orthodox anthropology, as expressed in the Bible and the texts of the Fathers of the Church. The centerpieces of the Biblical and Patristic anthropology are: a that man was created as the exact replica of the Triune God and b that man is a single psychosomatic entity.

  11. Native American youth and justice

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Laurence A. French

    2012-12-01

    Full Text Available Youth and delinquency issues have long been problematic among Native Americans groups both on- and off-reservation. This phenomenon is further complicated by the cultural diversity among American Indians and Alaska Natives scattered across the United States. In address these issues, the paper begins with a historical overview of Native American youth. This history presents the long tradition of federal policies that, how well intended, have resulted in discriminatory practices with the most damages attacks being those directed toward the destruction of viable cultural attributes – the same attributes that make Native Americans unique within United States society. Following the historical material, the authors contrast the pervasive Native American aboriginal ethos of harmony with that of Protestant Ethic that dominates the ethos of the larger United States society. In addition to providing general information on Native American crime and delinquency, the paper also provides a case study of Native American justice within the Navajo Nation, the largest tribe, in both size and population, in the United States. The paper concludes with a discussion of issues specific to Native American youth and efforts to address these problems.

  12. Does the Difference Principle Apply only to the Base Structure of Society? Cohen's Query on Rawls' Theory of Justice%差别原则只适用于社会的"基本结构"吗?——科恩对罗尔斯正义理论的一个质疑

    Institute of Scientific and Technical Information of China (English)

    段忠桥

    2010-01-01

    @@ 自罗尔斯的于1971年出版以后,政治哲学不仅在西方世界迅速得到复兴,而且在我国也逐渐成为显学.然而,从我国近十几年关于政治哲学的出版物来看,学者们关注的往往只是罗尔斯、诺齐克、德沃金、麦金太尔等总体上属于自由主义阵营的代表人物,而对在这一领域同样具有重要影响的G.A.科恩、约翰·罗默等具有社会主义倾向的左翼学者却很少涉及.为了弥补这一缺陷,本文将集中阐释分析马克思主义的创立者、牛津大学科恩教授在其代表作(Rescuing Justice and Equality)一书中,对罗尔斯的"差别原则只适用于社会基本结构"的主张所提出的质疑,并希望以此引起人们对这些左翼学者的重视.

  13. 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…

  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. Learning to Teach Mathematics for Social Justice: Negotiating Social Justice and Mathematical Goals

    Science.gov (United States)

    Bartell, Tonya Gau

    2013-01-01

    This article describes teachers' collective work aimed at learning to teach mathematics for social justice. Teacher interviews, discussions, lessons, and written reflections were analyzed using grounded theory methodology, and teachers' conversations were examined concerning the relationship between mathematical goals and social justice goals.…

  17. Social Justice Educational Leaders and Resistance: Toward a Theory of Social Justice Leadership

    Science.gov (United States)

    Theoharis, George

    2007-01-01

    Purpose: A subgroup of principals--leaders for social justice--guide their schools to transform the culture, curriculum, pedagogical practices, atmosphere, and schoolwide priorities to benefit marginalized students. The purpose of the article is to develop a theory of this social justice educational leadership. Research Design: This empirical…

  18. "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…

  19. Justice-Sensitive Education: The Implications of Transitional Justice Mechanisms for Teaching and Learning

    Science.gov (United States)

    Davies, Lynn

    2017-01-01

    This article introduces the notion of "justice-sensitive education"--derived from the ideals and practices of transitional justice (TJ) in countries emerging from conflict. It describes three mechanisms for this: structural reforms (relating to inequity and division); curriculum change (the treatment of history, human rights and…

  20. Learning to Teach Mathematics for Social Justice: Negotiating Social Justice and Mathematical Goals

    Science.gov (United States)

    Bartell, Tonya Gau

    2013-01-01

    This article describes teachers' collective work aimed at learning to teach mathematics for social justice. Teacher interviews, discussions, lessons, and written reflections were analyzed using grounded theory methodology, and teachers' conversations were examined concerning the relationship between mathematical goals and social justice goals.…

  1. Social Justice Educational Leaders and Resistance: Toward a Theory of Social Justice Leadership

    Science.gov (United States)

    Theoharis, George

    2007-01-01

    Purpose: A subgroup of principals--leaders for social justice--guide their schools to transform the culture, curriculum, pedagogical practices, atmosphere, and schoolwide priorities to benefit marginalized students. The purpose of the article is to develop a theory of this social justice educational leadership. Research Design: This empirical…

  2. 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.…

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    Selaelo T. Kgatla

    2016-02-01

    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.

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

    Directory of Open Access Journals (Sweden)

    Jacob Meiring

    2016-02-01

    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.

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

    Directory of Open Access Journals (Sweden)

    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. 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.

  8. Equivalence principles and electromagnetism

    Science.gov (United States)

    Ni, W.-T.

    1977-01-01

    The implications of the weak equivalence principles are investigated in detail for electromagnetic systems in a general framework. In particular, it is shown that the universality of free-fall trajectories (Galileo weak equivalence principle) does not imply the validity of the Einstein equivalence principle. However, the Galileo principle plus the universality of free-fall rotation states does imply the Einstein principle.

  9. 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.

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

    Directory of Open Access Journals (Sweden)

    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

  11. 75 FR 17956 - Office of Juvenile Justice and Delinquency Prevention; Agency Information Collection Activities...

    Science.gov (United States)

    2010-04-08

    ... of Justice Programs Office of Juvenile Justice and Delinquency Prevention; Agency Information... collection under review; (Extension, without change, of a currently approved collection). Juvenile Residential Facility Census The Department of Justice (DOJ), Office of Justice Programs, Office of...

  12. Terrorism, Forgiveness and Restorative Justice

    Directory of Open Access Journals (Sweden)

    Antony Pemberton

    2014-07-01

    Full Text Available This paper is intended to enhance understanding of the complexities of restorative justice in cases of terrorism from a victimological perspective. It does so first by analysing what separates terrorism from other forms of crime. The author argues that the main distinction concerns the peculiarly public nature of terrorism, in which the attack on the direct victims is intended to influence a (far larger group of so-called vicarious victims. This means that the public is likely to experience terrorist attacks as attacks on themselves. As a consequence the public can feel entitled to processes of forgiveness which in turn can conflict with the direct victims’ own experience. To illuminate this issue the paper proposes a novel distinction in third party forgiveness processes: between public forgiveness, i.e. forgiveness relating to the public wrongfulness inherent in crime, and vicarious forgiveness, i.e. the public’s experience of forgiveness itself. The complexities for restorative justice after terrorism can be then be viewed in terms of the tensions between the direct victims’ private and the publics’ vicarious forgiveness processes. Este artículo pretende facilitar la comprensión de las complejidades de la justicia restaurativa en casos de terrorismo desde una perspectiva victimológica. Lo hace primero mediante el análisis de lo que separa el terrorismo de otras formas de delincuencia. El autor sostiene que la distinción principal se refiere a la naturaleza pública específica del terrorismo, ya que mediante el ataque a las víctimas directas se pretende influir en el grupo (mucho más grande de las llamadas víctimas vicarias. Esto significa que es probable que el público sienta los ataques terroristas como ataques contra ellos mismos. De esta forma, el público puede sentirse con derecho sobre los procesos de perdón, lo que, a su vez, puede entrar en conflicto con la propia experiencia de las víctimas directas. Para iluminar

  13. 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.

  14. Nurse managers' role in older nurses' intention to stay.

    Science.gov (United States)

    Armstrong-Stassen, Marjorie; Freeman, Michelle; Cameron, Sheila; Rajacic, Dale

    2015-01-01

    The purpose of this paper is to propose and test a model of the underlying mechanisms linking perceived availability of human resource (HR) practices relevant to older nurses and older nurses' intentions to stay with their hospitals. Quantitative data were collected from randomly selected older registered nurses (N=660) engaged in direct patient care in hospitals in Canada. Structural equation modelling was used to test the hypothesized model. The relationship between perceptions of HR practices (performance evaluation, recognition/respect) and intentions to stay was mediated by the perceived fairness with which nurse managers managed these HR practices and nurse manager satisfaction. When nurse managers were perceived to administer the HR practices fairly (high perceived procedural justice), older nurses were more satisfied with their nurse manager and, in turn, more likely to intend to stay. The cross-sectional research design does not allow determination of causality. It is important that nurse managers receive training to increase their awareness of the needs of older nurses and that nurse managers be educated on how to manage HR practices relevant to older nurses in a fair manner. Equally important is that hospital administrators and HR managers recognize the importance of providing such HR practices and supporting nurse managers in managing these practices. The findings increase the understanding of how HR practices tailored to older nurses are related to the intentions of these nurses to remain with their hospital, and especially the crucial role that first-line nurse managers play in this process.

  15. 试论社会主义义利观的价值取向%On the Value Orientation of the View on Socialist Justice and Interest

    Institute of Scientific and Technical Information of China (English)

    史成虎

    2011-01-01

    The value orientation of socialist view on justice and interest shows the combination of justice and interest, and unification of national, collective and individual interests. With the collectivism as principle, serving people as nucleus, and justice first as premise, we can achieve the dialectic unity of justice and interest.%社会主义义利观的价值取向体现了“义”与“利”的结合,国家、集体、个人的利益的统一;以集体主义为原则,以为人民服务为核心,在以义居首的前提下实现义利的辩证统一。

  16. 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.

  17. 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.

  18. University-school partnerships for social justice in mathematics and ...

    African Journals Online (AJOL)

    University-school partnerships for social justice in mathematics and science education: the case ... My purpose in this paper is to situate a university-school mathematics and science education partnership within a social justice ... Article Metrics.

  19. Juvenile Delinquency and Justice in Lagos State, Nigeria: A ...

    African Journals Online (AJOL)

    Juvenile Delinquency and Justice in Lagos State, Nigeria: A Sociological Appraisal. ... This paper discussed the emergence of the Child's Right act in Nigeria in ... of children and young persons who found themselves on the justice corridor.

  20. 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 sc

  1. 75 FR 70293 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2010-11-17

    ... of Justice Programs 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 Justice and Delinquency Prevention (OJJDP) announces the Fall meeting...

  2. 76 FR 53965 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2011-08-30

    ... of Justice Programs 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 Office of Juvenile Justice and Delinquency Prevention...

  3. 77 FR 39511 - Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2012-07-03

    ... Office of Justice Programs 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 Meeting. SUMMARY: The Office of Juvenile Justice and...

  4. 78 FR 69876 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2013-11-21

    ... of Justice Programs 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 Office of Juvenile Justice and Delinquency Prevention (OJJDP) announces...

  5. 78 FR 43920 - Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2013-07-22

    ... of Justice Programs 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 Meeting. SUMMARY: The Office of Juvenile Justice and...

  6. 77 FR 61641 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2012-10-10

    ... of Justice Programs 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 Office of Juvenile Justice and Delinquency Prevention (OJJDP) announces...

  7. 75 FR 22163 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2010-04-27

    ... of Justice Programs 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 Justice and Delinquency Prevention (OJJDP) announces the Spring meeting...

  8. 78 FR 9070 - Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2013-02-07

    ... of Justice Programs 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 meeting. SUMMARY: The Office of Juvenile Justice and...

  9. 77 FR 20649 - Meeting (Webinar) of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2012-04-05

    ... of Justice Programs 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. SUMMARY: The Office of Juvenile Justice and Delinquency...

  10. Transitional Justice and the Quality of Democracy

    Directory of Open Access Journals (Sweden)

    Anja Mihr

    2014-10-01

    Full Text Available Transitional Justice is a long-term process which seeks to address severe human rights abuses of the past through measures such as trials, commissions of inquiry, memorials, apologies, reforms of the legal or security sector, school textbook reforms, and reconciliation projects. These measures are usually applied by governments, but can also be initiated by civil society groups, such as victim groups, or the international community, for example the European Union or the UNHCR. Transitional justice measures are seen as catalysts for coming to terms with the past and establishing new, stable, and often democratic societies. As such, the measures are linked to the performance and efficacy of democratic institutions in the context of their accountability and responsiveness, transparency, and level of citizen participation. Thus, transitional justice is a process that aims to reconcile divided and conflict-torn societies by re-establishing (democratic institutions. These measures can be catalysts to leverage institutional performance.

  11. 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.

  12. 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.

  13. 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.

  14. Health, personal responsibility, and distributive justice

    DEFF Research Database (Denmark)

    Andersen, Martin Marchman

    recent political philosophical discussions of responsibility in egalitarian and luck egalitarian theory to bear on issues of social inequality in health, and access to health care. I argue that distributive justice in health and health care should be sensitive to responsibility, but also that individuals...... explains why we have justice-based reasons to reduce social inequality in health. In my second article I investigate and (partly) object to a suggestion put forward by Shlomi Segall, according to which we should exchange the notion of responsibility with a notion of Reasonable Avoidability in the luck......This PhD dissertation is a contribution to discussions about personal responsibility in relation to distributive justice in health and health care. It is a contribution to contemporary political philosophy in general, but in particular to luck egalitarian theory. I aim to answer three focal...

  15. Pardon in the light of restorative justice

    Directory of Open Access Journals (Sweden)

    Miladinović Dušica

    2007-01-01

    Full Text Available The main aim of this paper is to consider pardon in the restorative justice context. Beginning from the basic standpoint that restorative justice imposes request for interests-balancing of different subjects connected by criminal act, the author tries to examine the articulation of the aforementioned standpoint through the pardon concept, accepted in domestic positive law. There is no doubt that the institute is designed in favour of the crime perpetrator, which is confirmed by the analysis of different legal effects produced by its content, while the victim- and society interests remained, at least, insufficiently protected. Therefore, the author points to some positive examples from comparative law and poses certain suggestions, that can be of use for eventual reforming of the institute, in order to achieve values of restorative justice. .

  16. Health, personal responsibility, and distributive justice

    DEFF Research Database (Denmark)

    Andersen, Martin Marchman

    This PhD dissertation is a contribution to discussions about personal responsibility in relation to distributive justice in health and health care. It is a contribution to contemporary political philosophy in general, but in particular to luck egalitarian theory. I aim to answer three focal...... recent political philosophical discussions of responsibility in egalitarian and luck egalitarian theory to bear on issues of social inequality in health, and access to health care. I argue that distributive justice in health and health care should be sensitive to responsibility, but also that individuals...... questions: 1) What role ought personal responsibility to play in distributive justice in health and health care? 2) What does it take for an individual to be responsible for her own health condition (or responsible in general)? And 3) what is the relation between responsibility and cost...

  17. Shame and Guilt in Restorative Justice

    DEFF Research Database (Denmark)

    Rodogno, Raffaele

    2008-01-01

    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......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...... 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...

  18. Spanish version of Colquitt's Organizational Justice Scale.

    Science.gov (United States)

    Díaz-Gracia, Liliana; Barbaranelli, Claudio; Moreno-Jiménez, Bernardo

    2014-01-01

    Organizational justice (OJ) is an important predictor of different work attitudes and behaviors. Colquitt's Organizational Justice Scale (COJS) was designed to assess employees' perceptions of fairness. This scale has four dimensions: distributive, procedural, informational, and interpersonal justice. The objective of this study is to validate it in a Spanish sample. The scale was administered to 460 Spanish employees from the service sector. 40.4% were men and 59.6% women. The Confirmatory Factor Analysis (CFA) supported the four dimensions structure for Spanish version of COJS. This model showed a better fit to data that the others models tested. Cronbach's alpha obtained for subscales ranged between .88 and .95. Correlations of the Spanish version of COJS with measures of incivility and job satisfaction were statistically significant and had a moderate to high magnitude, indicating a reasonable degree of construct validity. The Spanish version of COJS has adequate psychometric properties and may be of value in assessing OJ in Spanish setting.

  19. Rural science education as social justice

    Science.gov (United States)

    Eppley, Karen

    2016-12-01

    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.

  20. 转型期中国公众的分配公平感:结果公平与机会公平%Chinese People’s Perception of Distributive Justice in Transitional China:Outcome Justice and Opportunity Justice

    Institute of Scientific and Technical Information of China (English)

    孟天广

    2012-01-01

    本文考察了中国公众的结果公平感和机会公平感,检验并比较了社会结构解释和相对剥夺解释在中国的适用性。研究发现,大多数公众认可结果公平和机会公平,且机会公平感高于结果公平感,但二者仅微弱相关。结果公平感由收入水平决定,机会公平感主要受教育水平影响。外资和私营单位雇员比国有和集体单位雇员更具机会公平感,城市中下层就业者对结果和机会分配均持批评态度。"个体相对剥夺"而不是"群体相对剥夺"对分配公平感有决定性影响,结果公平感只受横向剥夺影响,而机会公平感则主要受纵向剥夺影响。%Perception of distributive justice, or people’s perception of the distribution status of valued resources, is particularly important in a society under transition. Since the implementation of Reform and Opening Policy, China has followed her transitional strategy of "economic development being the center" and the basic principle of "giving priority to efficiency with due consideration to fairness" in the distribution system. However, this strategy for transition has led to unequal growth in China. How people perceive the distribution status in transitional society not only determines the legitimacy of the reform but also affects the design of basic economic and social systems in the country. Considering the multidimensional nature of distributive justice, this paper attempts to explore the public perception of outcome justice and opportunity justice. To be specific, the paper empirically examines the national survey data in 2009 regarding the Chinese people’s perception of outcome justice and opportunity justice, and further analyzes the relationship between the two. Next, the paper provides some explanations from the perspectives of social structure and relative deprivation. Most Chinese people have acknowledged the descriptions of both outcome justice (58.18%) and opportunity

  1. "Coming Out" of Prison: An Exploratory Study of LGBT Elders in the Criminal Justice System.

    Science.gov (United States)

    Maschi, Tina; Rees, Jo; Klein, Eileen

    2016-09-01

    This two-phase qualitative study explores the experiences of 10 formerly incarcerated LGBT elders' experiences prior to, during, and after release from prison. A core theme of self and the social mirror emerged from the data that represented LGBT elders ongoing coming-out process of unearthing their "true selves" despite managing multiple stigmatized identities or social locations, such as being LGBT, elderly, HIV positive, formerly incarcerated, and a racial/ethnic minority. These findings further our awareness of an overlooked population of LGBT who are older and involved in the criminal justice system. Recommendations that incorporate suggestions from formerly incarcerated LGBT elders for services and policy reform are presented.

  2. Toward A Buddhist Theory of Justice

    Directory of Open Access Journals (Sweden)

    James Blumenthal

    2015-02-01

    Full Text Available For more than twenty years key thinkers of Engaged Buddhism have used terms like “justice” and “social justice” quite freely.  Yet despite more sophisticated discussions of other philosophical topics, Engaged Buddhists have  not clearly defined what they mean by the term justice. Given that the term is one with a rich philosophical history in the West and has no direct parallel in Buddhist thought, it is incumbent upon Engaged Buddhist theorists to define what they mean when they use this term if they are to engage in any sort of meaningful dialog on justice and related issues in the international community. In this paper, to illustrate how Engaged Buddhists might begin this important line of work, I would focus on two cases. First, I will discuss John Rawls' theory of "justice as fairness" and compare that with some traditional Buddhist ideas and explore potential Buddhist thinking, responses, and adaptations. Second, I will discuss a relatively new model known as restorative justice in opposition to the pervasive use of retributive models implemented around the globe and consider the ways that Buddhism seems to lend itself quite well to "restorative" models, particularly with regard to criminal justice.  Both examples are merely beginning points for discussion used to illustrate how and why Engaged Buddhists ought to participate more directly in global philosophical discourse on justice.

  3. 行政公正的伦理化探索%Explore the Ethics of Administrative Justice

    Institute of Scientific and Technical Information of China (English)

    卢智增

    2011-01-01

    As an important ethical principles,justice throughout all areas of human life,and the areas most in need of justice is the public administration.Modern government as representing the interest of society as a whole,should be the core concept of administrative justice,to promote the realization of social justice,both in public administration can not shirk responsibility,but also the common requirements of the whole society.This article explains the basic connotation of administrative justice,the ethical analysis of the administrative justice-oriented,and self-discipline from the perspective of the two basic strategies to achieve administrative justice.%作为一项重要的伦理原则,公正贯穿于人类生活的各个领域,而最需要公正的领域则是公共行政领域。现代政府作为全社会利益的代表者,应该以行政公正为核心理念,促进社会公正的实现,这既是公共行政无法推卸的责任,也是全社会的共同要求。本文阐释了行政公正的基本内涵,分析了行政公正的伦理导向,并从他律和自律两个角度探讨了实现行政公正的基本对策。

  4. Gardens of Justice : Critical Legal Conference 2012

    OpenAIRE

    2012-01-01

    The theme for this year’s Critical Legal Conference is “Gardens of Justice”. Although the theme may be interpreted in different ways, it suggests thinking about law and justice as a physical as well as a social environment, created for specific purposes, at a certain distance from society and yet as an integral part of it. The theme also invites you to think about justice as a concrete metaphor rather than an abstract concept. Just like any ordinary garden, legal institutions affect both peop...

  5. Race, crime, and criminal justice in Portugal

    OpenAIRE

    Cunha, Manuela Ivone P. da

    2010-01-01

    How is ‘difference’ reflected on crime and the criminal justice system in Portugal? The answers obtained depend on which notions we can translate ‘difference’ into: ‘race’, ‘ethnicity’, ‘foreigners’, ‘immigrants’, ‘minorities’. This, in turn, depends also on whether we focus on statistics, rates, or, from another angle, experiences of crime and of the criminal justice system. Quantitative and qualitative data highlight different but complementary aspects of a same landscape. This paper focus...

  6. 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.

  7. Rewarded delation in Spain: instruments for the promotion of collaboration with justice

    Directory of Open Access Journals (Sweden)

    Juan Carlos Ortiz

    2017-03-01

    Full Text Available There are two classical debates in Spain, referred to the attribution or not of the investigating phase to the Prosecution Office, and the introduction of the discretionary power (principle of opportunity in our Justice system. Besides them, there is a new legal debate about the convenience of articulating legal measures that encourage the collaboration with the justice, and especially, the confessions and denunciations of criminal repentants, as instruments that would favor the obtaining of valuable information and sources of evidence, especially referred to white-collar crime. This study exposes the different legal figures used currently in Spain as incentives to reward the delation of collaborators, witnesses and defendants, and examines its evolution with a view to their future incorporation into the Spanish procedural law.

  8. The Climate Justice Discourse in Brazil: Potential and Perspective

    OpenAIRE

    Bruno Milanez; Igor F. Fonseca

    2012-01-01

    Milanez and Fonseca (2011) argue that the climate justice discourse has not been adopted by the media, society or the communities affected by extreme climate events in Brazil. The climate justice discourse has been adapted from the concept of environmental justice and created from the idea that the impacts of climate change affect different social groups in various ways and intensities. (?)

  9. Confidence in the Criminal Justice System: Does experience count?

    NARCIS (Netherlands)

    S.G.J. Van de Walle (Steven)

    2009-01-01

    textabstractPublic confidence in the justice system is relatively low compared to that in many other institutions. Part of this lack of confidence has been attributed to a low public understanding of how the justice system really works. Experience with the justice system is often identified as a way

  10. Psychology and Social Justice: Why We Do What We Do

    Science.gov (United States)

    Vasquez, Melba J. T.

    2012-01-01

    Much of psychological science and knowledge is significantly relevant to social justice, defined here as the goal to decrease human suffering and to promote human values of equality and justice. A commitment to social justice has evolved as a more important value in the last few decades for psychology, including for the American Psychological…

  11. 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…

  12. Confidence in the Criminal Justice System: Does experience count?

    NARCIS (Netherlands)

    S.G.J. Van de Walle (Steven)

    2009-01-01

    textabstractPublic confidence in the justice system is relatively low compared to that in many other institutions. Part of this lack of confidence has been attributed to a low public understanding of how the justice system really works. Experience with the justice system is often identified as a way

  13. Narratives in Teaching and Research for Justice and Human Rights

    Science.gov (United States)

    Osler, Audrey; Zhu, Juanjuan

    2011-01-01

    Throughout history individual and collective narratives have been used in struggles for justice. We draw on Sen's theory of justice to examine the potential of narratives in teaching and researching for social justice. Human rights are presented as powerful ethical claims that can be critically examined by learners to consider their rights and…

  14. 2016 Military Investigation and Justice Experience Survey: Overview Report

    Science.gov (United States)

    2017-05-01

    not research involving human subjects according to Department of Defense Instruction 3216.02. Military Investigation and Justice Experience Survey...2016 Military Investigation and Justice Experience Survey (MIJES) Overview Report Additional copies of this report may be obtained from...dtic/order.html Ask for report by DTIC # OPA Report No. 2017-003 March 2017 2016 MILITARY INVESTIGATION AND JUSTICE EXPERIENCE SURVEY (MIJES

  15. 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…

  16. 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…

  17. Narratives in Teaching and Research for Justice and Human Rights

    Science.gov (United States)

    Osler, Audrey; Zhu, Juanjuan

    2011-01-01

    Throughout history individual and collective narratives have been used in struggles for justice. We draw on Sen's theory of justice to examine the potential of narratives in teaching and researching for social justice. Human rights are presented as powerful ethical claims that can be critically examined by learners to consider their rights and…

  18. Distributive Justice Development: Cross-Cultural, Contextual, and Longitudinal Evaluations.

    Science.gov (United States)

    Enright, Robert D.; And Others

    1984-01-01

    Study One examined Swedish and American children's understanding of what constitutes fair criteria for the distribution of goods (i.e., distributive justice). Study Two compared children's distributive justice in family and peer contexts, and Study Three attempted a longitudinal assessment of distributive justice reasoning in two different…

  19. Procedural justice and quality of life in compensation processes

    NARCIS (Netherlands)

    Elbers, N.A.; Akkermans, A.J.; Cuijpers, P.; Bruinvels, D.J.

    2013-01-01

    .001). Having trunk/back injury was negatively related to procedural justice (b = =-.25, p = .001). Whiplash injury and length of time involved in the claim process were not associated with any of the justice scales. Finally, procedural justice was found to be positively correlated with quality of l

  20. Supervision of Group Work: Infusing the Spirit of Social Justice

    Science.gov (United States)

    Fernando, Delini M.; Herlihy, Barbara R.

    2010-01-01

    The authors explore how supervisors may support the development of social justice consciousness for group leader supervisees, the role of the supervisor in generating social justice awareness and discussing social justice topics, and supervision that supports group leaders in addressing the challenges and opportunities related to social justice…

  1. 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…

  2. Cash across the City: Participatory Mapping & Teaching for Spatial Justice

    Science.gov (United States)

    Rubel, Laurie; Lim, Vivian; Hall-Wieckert, Maren; Katz, Sara

    2016-01-01

    This paper explores teaching mathematics for spatial justice (Soja, 2010), as an extension of teaching mathematics for social justice (Gutstein, 2006). The study is contextualized in a 10-session curricular module focused on the spatial justice of a city's two-tiered system of personal finance institutions (mainstream vs. alternative), piloted…

  3. Unifying Messy Communities: Learning Social Justice in Educational Leadership Classrooms

    Science.gov (United States)

    Rusch, Edith A.; Horsford, Sonya Douglass

    2008-01-01

    Learning about social justice is far different from engaging in the emotion-laden work of learning social justice. Frequently, instructors of aspiring educational leaders find that when social justice content is introduced, the adult classroom becomes a messy community, filled with untidy and unexamined viewpoints, multiple stereotypes, and…

  4. Judicial Management: The Achievements of Chief Justice William Howard Taft.

    Science.gov (United States)

    Post, Robert

    1998-01-01

    Illuminates the importance of Chief Justice William Howard Taft in creating the modern administrative role of the Chief Justice of the United States. Specifically, the article examines the Act of 14 September 1922 that Taft championed in Congress to give the Chief Justice better tools for managing the judiciary. (DSK)

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

    Directory of Open Access Journals (Sweden)

    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.

  6. 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.

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

    National Research Council Canada - National Science Library

    Intan Karangan

    2016-01-01

    ... 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...

  8. Are organizational justice rules gendered? Reactions to men's and women's justice violations.

    Science.gov (United States)

    Caleo, Suzette

    2016-10-01

    Research has shown that gender role prescriptions can bias reactions to men's and women's work behaviors. The current work draws upon this idea and extends it to consider violations of procedural and interactional justice rules. The results of four experimental studies demonstrate that men and women receive differential performance evaluation ratings and reward recommendations when they violate those organizational justice rules that coincide with the content of prescriptive gender stereotypes. Specifically, women were rated less favorably than men when they exhibited interactional injustice (Study 1 and Study 4), but not when they engaged in procedural injustice (Study 2). Findings also indicate that interactional justice violations (e.g., being impolite, not caring about the well-being of subordinates), but not procedural justice violations, are deemed less acceptable for female managers than male managers (Study 3). Overall, the findings suggest that reactions to injustice can be influenced by expectations of how men and women should behave. (PsycINFO Database Record

  9. 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…

  10. 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…

  11. 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…

  12. Adding the "in" to justice: a qualitative and quantitative investigation of the differential effects of justice rule adherence and violation.

    Science.gov (United States)

    Colquitt, Jason A; Long, David M; Rodell, Jessica B; Halvorsen-Ganepola, Marie D K

    2015-03-01

    Although justice scholars often assume that individuals react to injustice in a manner that is distinct from their reactions to justice, few studies have examined this assumption. Indeed, the most widely utilized measures in the literature assess only the adherence to rules of justice--not their violation. We conducted 2 studies to build and test theory about differential reactions to justice and injustice. An inductive study revealed that reactions to the adherence to justice rules reflected different constructs than reactions to the violations of justice rules. In a follow-up field study, we derived hypotheses for those patterns by drawing on the negativity bias and regulatory focus literatures. Specifically, justice rule violation was predicted to be more relevant to prevention-laden outcomes that represent a high level of vigilance and concerns about safety. Justice rule adherence was predicted to be more relevant to promotion-laden outcomes that represent concerns about becoming the ideal self. The field study supported many of those predictions while showing that a full-range justice measure (i.e., one that sampled both justice rule adherence and justice rule violation) explained more variance in outcomes than existing "truncated" justice measures. PsycINFO Database Record (c) 2015 APA, all rights reserved.

  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. 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.

  15. The bioethical principles and Confucius' moral philosophy.

    Science.gov (United States)

    Tsai, D F-C

    2005-03-01

    This paper examines whether the modern bioethical principles of respect for autonomy, beneficence, non-maleficence, and justice proposed by Beauchamp and Childress are existent in, compatible with, or acceptable to the leading Chinese moral philosophy-the ethics of Confucius. The author concludes that the moral values which the four prima facie principles uphold are expressly identifiable in Confucius' teachings. However, Confucius' emphasis on the filial piety, family values, the "love of gradation", altruism of people, and the "role specified relation oriented ethics" will inevitably influence the "specification" and application of these bioethical principles and hence tend to grant "beneficence" a favourable position that diminishes the respect for individual rights and autonomy. In contrast, the centrality of respect for autonomy and its stance of "first among equals" are more and more stressed in Western liberal viewpoints. Nevertheless, if the Confucian "doctrine of Mean" (chung-yung) and a balanced "two dimensional personhood" approach are properly employed, this will require both theorists and clinicians, who are facing medical ethical dilemmas, of searching to attain due mean out of competing moral principles thus preventing "giving beneficence a priority" or "asserting autonomy must triumph".

  16. 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.

  17. 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".

  18. Nursing care in terminality: compliance with principles of bioethics

    Directory of Open Access Journals (Sweden)

    Zirleide Carlos Felix

    Full Text Available The aim of the study was to investigate the principles of bioethics reported by nurses when caring for terminally ill patients. Exploratory research with qualitative approach, developed with fifteen nurses from an intensive care unit of a university hospital, in northeastern Brazil. Data collection was conducted between March and July 2013, through a form. Data were analyzed using the technique of content analysis, emerging the following thematic category: respect to the principles of autonomy, beneficence, non-maleficence and justice to take care of the terminally ill patients. The participating nurses valued these principles when caring for terminally ill patients, which reflect the ethical commitment of these professionals in the practice of nursing care. It is noteworthy that bioethical principles should guide the nursing care of human beings throughout their life cycle.

  19. 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.

  20. 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

  1. Changes in Juvenile Justice in China.

    Science.gov (United States)

    Wong, Dennis S. W.

    2001-01-01

    Discusses rising juvenile and youth crime in China, highlighting the essence of Chinese Marxist criminological thought and changing conceptions of delinquency from the postrevolutionary period to the present; examining official responses to delinquency and the recent development of juvenile justice; and suggesting that current delinquency control…

  2. Building a Human Rights Youth Justice System

    Science.gov (United States)

    Wyles, Paul

    2009-01-01

    The Australian Capital Territory's Human Rights Act 2004 and the establishment of an ACT Human Rights Commission have begun to create a human rights culture in the ACT. This paper highlights the influence of this culture on the design and build of the ACT's new youth justice centre. (Contains 2 figures.)

  3. Immigration, Crime and Criminal Justice Systems

    NARCIS (Netherlands)

    Leun, van der J.P.; Herzog-Evans, M.

    2010-01-01

    In a three volume collection Wolf Legal Publishers presents The Transnational Criminology Manual. We are happy with contributions from more than 100 eminent specialists from the field including scholars from, among others, France (Reims University, Department of Justice) Canada (Montreal University)

  4. Training Social Justice Journalists: A Case Study

    Science.gov (United States)

    Nelson, Jacob L.; Lewis, Dan A.

    2015-01-01

    Journalism schools are in the midst of sorting through what it means to prepare journalists for a rapidly transitioning field. In this article, we describe an effort to train students in "social justice journalism" at an elite school of journalism. In our ethnographic analysis of its first iteration, we found that this effort failed to…

  5. Social Justice and Media. Media Corner.

    Science.gov (United States)

    Braun, Joseph A., III, Ed.

    1994-01-01

    Contends that the end of slavery, women's suffrage, and the civil rights movement were watershed events of social justice in U.S. history. Provides reviews of two media-based sets of instructional materials that can help students understand the struggle by disenfranchised groups to become full participants in society. (CFR)

  6. Social Justice and Dispositions for Adult Education

    Science.gov (United States)

    Holst, John D.

    2010-01-01

    The article identifies dispositions from a thematic investigation of the pedagogical practice of Ernesto Che Guevara and various social movements in the United States. The article outlines and places these dispositions within the context of debates over social justice and dispositions for education program accreditation in the United States that…

  7. Social Justice Competencies and Career Development Practices

    Science.gov (United States)

    Arthur, Nancy; Collins, Sandra; Marshall, Catherine; McMahon, Mary

    2013-01-01

    The recent focus on social justice issues in career development is primarily conceptual in nature and few resources account for the challenges or successes experienced by career development practitioners. The purpose of this article is to report the results of a research study of career practitioners in Canada regarding the competencies they use…

  8. Is Diversity Necessary for Educational Justice?

    Science.gov (United States)

    New, William S.; Merry, Michael S.

    2014-01-01

    In this article William New and Michael Merry challenge the notion that diversity serves as a good proxy for educational justice. First, they maintain that the story about how diversity might be accomplished and what it might do for students and society is internally inconsistent. Second, they argue that a disproportionate share of the benefits…

  9. Is diversity necessary for educational justice?

    NARCIS (Netherlands)

    New, W.S.; Merry, M.S.

    2014-01-01

    In this article William New and Michael Merry challenge the notion that diversity serves as a good proxy for educational justice. First, they maintain that the story about how diversity might be accomplished and what it might do for students and society is internally inconsistent. Second, they argue

  10. Human Rights and Teaching for Social Justice

    Science.gov (United States)

    Landorf, Hilary

    2010-01-01

    According to the author, teaching for social justice entails the acquisition of the following learning outcomes: (1) knowledge of the meaning, historical development, and application of human rights; (2) ability to analyze human rights from multiple perspectives; and (3) willingness to address human rights issues in local, global, intercultural,…

  11. Building a Human Rights Youth Justice System

    Science.gov (United States)

    Wyles, Paul

    2009-01-01

    The Australian Capital Territory's Human Rights Act 2004 and the establishment of an ACT Human Rights Commission have begun to create a human rights culture in the ACT. This paper highlights the influence of this culture on the design and build of the ACT's new youth justice centre. (Contains 2 figures.)

  12. Criminal Justice and Criminology. Library Research Guide.

    Science.gov (United States)

    White, Phillip M.

    This guide to sources for students at San Diego State University who are doing library research in Criminal Justice, Criminology, and related subject areas begins by noting that topics in these areas can be researched in a variety of subject disciplines, including psychology, sociology, law, social work, political science, public administration,…

  13. Social Justice Perceptions of Teacher Candidates

    Science.gov (United States)

    Turhan, Muhammed

    2010-01-01

    This study aims to determine the social justice perceptions of teacher candidates being trained in an education faculty. For this purpose, national and international literature was reviewed by the researcher and a 32-item questionnaire was developed and implemented on 237 senior year education faculty students. Data from the questionnaires were…

  14. Miramar College Program Evaluation: Criminal Justice.

    Science.gov (United States)

    Moriyama, Bruce; Brumley, Leslie

    Qualitative and quantitative data are presented in this evaluation of the curricular, personnel, and financial status of Miramar College's program in criminal justice. The report first outlines the information gathered in an interview with the program chairperson, conducted to determine program objectives and goals and how they were determined,…

  15. 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...

  16. Seeking Social Justice in the ACRL Framework

    Science.gov (United States)

    Battista, Andrew; Ellenwood, Dave; Gregory, Lua; Higgins, Shana; Lilburn, Jeff; Harker, Yasmin Sokkar; Sweet, Christopher

    2015-01-01

    The scope of this article is to address the possibilities and challenges librarians concerned with social justice may face when working with the ACRL "Framework." While the "Framework" recognizes that information emerges from varied contexts that reflect uneven distributions of power, privilege, and authority, it is missing a…

  17. Resistance, Justice, and Commitment to Change

    Science.gov (United States)

    Foster, Rex D.

    2010-01-01

    This research focused on individual responses to organizational change by exploring the relationships among individual resistance, organizational justice, and commitment to change following organizational change implementations in three organizations. To accomplish this, Web-based questionnaires were used to gather individual-level quantitative…

  18. Democracy and Social Justice in Sarajevo's Schools

    Science.gov (United States)

    McDermott, Peter; Lanahan, Brian Kirby

    2012-01-01

    After the end of the 1992-1995 Bosnian war, the people of Sarajevo found themselves rebuilding their country while also learning to live with their former enemies in this developing democracy. In this study we examined the extent to which democratic practices and social justice values were being taught in Sarajevo's schools. Using a case study…

  19. Social Justice and Cultural Diversity Issues

    Science.gov (United States)

    Harley, Debra A.; Alston, Reginald J.; Turner-Whittaker, Tyra

    2008-01-01

    Early definitions of cultural diversity focused primarily on race/ethnicity, with subsequent inclusion of age, gender, sexual orientation, class, religion, geography, and a combination of positionalities. More recently, social justice has resurfaced as a component of cultural diversity to explain experiences of people of color, women, and…

  20. Sex Role Sterotypes and Justice for Women.

    Science.gov (United States)

    Feinman, Clarice

    1979-01-01

    Sexual sterotyping affects the incarceration of women, their treatment in prisons and jails, and their reception in the community following release. While women's organizations play a major role in improving conditions facing incarcerated women, they have perpetuated the sterotypes. Because of sex role sterotyping, we have denied justice to women.…