Space Toxicology Challenges and Ethical Considerations

Science.gov (United States)

James, John T.

2010-01-01

Before delineating specific ways that nanotechnology enterprises might contribute to better management of toxicological risks during spaceflight, I will show how ethical considerations and several theories of justice can be applied to nanotechnology strategic plans. The principles that guide an ethical technical enterprise include autonomy, beneficence, non-maleficence, veracity and justice. Veracity (truth) is the underpinning principle; however, beyond this, proponents of nanotechnology must think carefully about balancing conflicting principles. For example, autonomy must yield to beneficence when fearful individuals simply lack knowledge to appreciate nanotechnology's beneficial advances. Justice is a complex topic upon which I will place six models: utilitarian, distributive, free-exchange/choice, individual dignity (social participation), equity vs. greed, and liberation of the poor. After briefly summarizing each model, I will present what I call an iterative-hybrid model of justice to show specifically how our thinking can be applied to nanotechnology enterprises. Within that broad landscape, I will discuss a single feature: how our early effort to understand health risks of carbon nanotubes fits into the iterative model. Finally, I will suggest ways that nanotechnology might advance our management of toxicological risks during spaceflight, but always with an eye toward how such advances might result in a more just world.

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

African Journals Online (AJOL)

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 ...

Is procreative beneficence obligatory?

Science.gov (United States)

Saunders, Ben

2015-02-01

Julian Savulescu defends the principle of procreative beneficence, according to which parents have a prima facie moral obligation to choose the child with the best expected life. In this paper, I argue that Savulescu fails to show that procreative beneficence is genuinely obligatory, because of his equivocation between moral reason and moral obligation. Savulescu assumes that morality requires us to do what we have most (moral) reason to do, but many deny this, for instance because they believe we have reasons (but no obligation) to perform supererogatory actions. Even if parents have moral reasons to choose the child with the best expected life, they may not be under any obligation to do so. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Global Bioethics and Culture in a Pluralistic World: How does Culture influence Bioethics in Africa?

Science.gov (United States)

Chukwuneke, FN; Umeora, OUJ; Maduabuchi, JU; Egbunike, N

2014-01-01

Bioethics principles and practice can be influenced by different cultural background. This is because the four globally accepted bioethics principles are often based on basic ethical codes such as autonomy, beneficence, nonmaleficence and justice. Beneficence/nonmaleficence requires us to maximize possible benefits, while minimizing possible harms and consequently secure the well-being of others by refraining from harming them. Autonomy gives individuals the right to self-actualization and decision-making, while justice is concerned with the fair selection and distribution of the burdens and benefits of research among participants. Applications of these principles in cultural settings vary more often from one cultural perspective to the other because of the different understanding and practices of “what is good.” The proponents of global ethics may argue that these principles should be universally generalizable and acceptable, but this is not possible because of the existing cultural diversities. In the African set-up, despite the existence of major common cultural practices, there are other norms and practices, which differ from one society to the other within the communities. Therefore, the word “global” bioethics may not be applicable generally in practice except if it can account for the structural dynamics and cultural differences within the complex societies in which we live in. However, the extent to which cultural diversity should be permitted to influence bioethical judgments in Africa, which at present is burdened with many diseases, should be of concern to researchers, ethicist and medical experts taking into considerations the constantly transforming global society. This topic examines the cultural influence on principles and practice of bioethics in Africa. PMID:25328772

Preliminary ethical appraisal of a trial - what's it all about?

Science.gov (United States)

Siipi, Helena

Preliminary ethical appraisal of medical trials is often based on the following four principles: respect for autonomy, beneficence, non-maleficence, and justice. Preliminary ethical appraisal should, however, not be understood solely as application of these four principles to practice. Ethical committees will inevitably interpret the principles and make decisions about their reciprocal importance in connection with each trial. Reasoning does not always proceed from above towards practical recommendations of action, but can instead also be based on a moral rule or practice relating to a certain action. A good preliminary ethical appraisal will also take into account everyday standards of morality, law and shared moral values of the society.

A quick guide to ethical theory in healthcare: solving ethical dilemmas in nutrition support situations.

Science.gov (United States)

Ferrie, Suzie

2006-04-01

Ethical dilemmas can be challenging for the nutrition support clinician who is accustomed to evidence-based practice. The emotional and personal nature of ethical decision making can present difficulties, and conflict can arise when people have different ethical perspectives. An understanding of ethical terms and ethical theories can be helpful in clarifying the source of this conflict. These may include prominent ethical theories such as moral relativism, utilitarianism, Kantian absolutism, Aristotle's virtue ethics and ethics of care, as well as the key ethical principles in healthcare (autonomy, beneficence, nonmaleficence, and justice). Adopting a step-by-step approach can simplify the process of resolving ethical problems.

[ETHICS, MORALS AND SOCIETY IN PERSONALIZED MEDICINE].

Science.gov (United States)

Flugelman, Anath

2015-09-01

Following the completion of the human genome project, genomic medicine including personalized medicine, widely based on pharmacogenetics and pharmacogenomics, is rapidly developing. This breakthrough should benefit humankind thanks to tailoring the most appropriate prevention, interventions and therapies to each individual, minimizing adverse side effects, based on inter-personal genetic variety and polymorphism. Yet wide spectrum ethical, legal and social issues carry significant implications regarding individuals, families, society and public health. The main issues concern genomic information and autonomy, justice and equity, resources allocation and solidarity, challenging the traditional role of medicine and dealing with unlimited boundaries of knowledge. Those issues are not new nor exceptional to genomic medicine, yet their wide unlimited scope and implications on many aspects of life renders them crucial. These aspects will be discussed in light of Beauchamp and Childress' four principles: non-maleficence, beneficence, autonomy and justice, and main moral philosophies, Kant's autonomy, Utilitarianism which promotes the common good, and Rawls' Theory of Justice.

O modelo bioético principialista aplicado no manejo da dor El principialismo bioético modelo aplicado en el tratamiento del dolor The bioethical principlism model applied in pain management

Directory of Open Access Journals (Sweden)

Layz Alves Ferreira Souza

2013-03-01

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.

Empirical investigation of the ethical reasoning of physicians and molecular biologists – the importance of the four principles of biomedical ethics

Science.gov (United States)

Ebbesen, Mette; Pedersen, Birthe D

2007-01-01

Background This study presents an empirical investigation of the ethical reasoning and ethical issues at stake in the daily work of physicians and molecular biologists in Denmark. The aim of this study was to test empirically whether there is a difference in ethical considerations and principles between Danish physicians and Danish molecular biologists, and whether the bioethical principles of the American bioethicists Tom L. Beauchamp and James F. Childress are applicable to these groups. Method This study is based on 12 semi-structured interviews with three groups of respondents: a group of oncology physicians working in a clinic at a public hospital and two groups of molecular biologists conducting basic research, one group employed at a public university and the other in a private biopharmaceutical company. Results In this sample, the authors found that oncology physicians and molecular biologists employed in a private biopharmaceutical company have the specific principle of beneficence in mind in their daily work. Both groups are motivated to help sick patients. According to the study, molecular biologists explicitly consider nonmaleficence in relation to the environment, the researchers' own health, and animal models; and only implicitly in relation to patients or human subjects. In contrast, considerations of nonmaleficence by oncology physicians relate to patients or human subjects. Physicians and molecular biologists both consider the principle of respect for autonomy as a negative obligation in the sense that informed consent of patients should be respected. However, in contrast to molecular biologists, physicians experience the principle of respect for autonomy as a positive obligation as the physician, in dialogue with the patient, offers a medical prognosis based upon the patients wishes and ideas, mutual understanding, and respect. Finally, this study discloses utilitarian characteristics in the overall conception of justice as conceived by oncology

Empirical investigation of the ethical reasoning of physicians and molecular biologists – the importance of the four principles of biomedical ethics

Directory of Open Access Journals (Sweden)

Ebbesen Mette

2007-10-01

justice as conceived by oncology physicians and molecular biologists from the private biopharmaceutical company. Molecular biologists employed at a public university are, in this study, concerned with allocation, however, they do not propose a specific theory of justice. Conclusion This study demonstrates that each of the four bioethical principles of the American bioethicists Tom L. Beauchamp & James F. Childress – respect for autonomy, beneficence, nonmaleficence and justice – are reflected in the daily work of physicians and molecular biologists in Denmark. Consequently, these principles are applicable in the Danish biomedical setting.

Ethical acceptability of offering financial incentives for taking antipsychotic depot medication: patients' and clinicians' perspectives after a 12-month randomized controlled trial.

Science.gov (United States)

Noordraven, Ernst L; Schermer, Maartje H N; Blanken, Peter; Mulder, Cornelis L; Wierdsma, André I

2017-08-29

A randomized controlled trial 'Money for Medication'(M4M) was conducted in which patients were offered financial incentives for taking antipsychotic depot medication. This study assessed the attitudes and ethical considerations of patients and clinicians who participated in this trial. Three mental healthcare institutions in secondary psychiatric care in the Netherlands participated in this study. Patients (n = 169), 18-65 years, diagnosed with schizophrenia, schizoaffective disorder or another psychotic disorder who had been prescribed antipsychotic depot medication, were randomly assigned to receive 12 months of either treatment as usual plus a financial reward for each depot of medication received (intervention group) or treatment as usual alone (control group). Structured questionnaires were administered after the 12-month intervention period. Data were available for 133 patients (69 control and 64 intervention) and for 97 clinicians. Patients (88%) and clinicians (81%) indicated that financial incentives were a good approach to improve medication adherence. Ethical concerns were categorized according to the four-principles approach (autonomy, beneficence, non-maleficence, and justice). Patients and clinicians alike mentioned various advantages of M4M in clinical practice, such as increased medication adherence and improved illness insight; but also disadvantages such as reduced intrinsic motivation, loss of autonomy and feelings of dependence. Overall, patients evaluated financial incentives as an effective method of improving medication adherence and were willing to accept this reward during clinical treatment. Clinicians were also positive about the use of this intervention in daily practice. Ethical concerns are discussed in terms of patient autonomy, beneficence, non-maleficence and justice. We conclude that this intervention is ethically acceptable under certain conditions, and that further research is necessary to clarify issues of benefit

How Many Principles for Public Health Ethics?

Science.gov (United States)

Coughlin, Steven S.

2009-01-01

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

Caring for the Trafficked Patient: Ethical Challenges and Recommendations for Health Care Professionals.

Science.gov (United States)

Macias-Konstantopoulos, Wendy L

2017-01-01

Human trafficking is an egregious human rights violation with profound negative physical and psychological consequences, including communicable diseases, substance use disorders, and mental illnesses. The health needs of this population are multiple, complex, and influenced by past and present experiences of abuse, neglect, and exploitation. Effective health care services for trafficked patients require clinicians to consider individual patients' needs, wishes, goals, priorities, risks, and vulnerabilities as well as public health implications and even resource allocation. Applying the bioethical principles of respect for autonomy, nonmaleficence, beneficence, and justice, this article considers the ethics of care model as a trauma-informed framework for providing health care to human trafficking victims and survivors. © 2017 American Medical Association. All Rights Reserved.

Promotion of ethical principles in provision of medication therapy management services

Directory of Open Access Journals (Sweden)

Sarah E. Kelling

2014-01-01

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

Ethical problems in radiology: radiological consumerism.

Science.gov (United States)

Magnavita, N; Bergamaschi, A

2009-10-01

One of the causes of the increasing request for radiological examinations occurring in all economically developed countries is the active role played by the patient-consumer. Consumerism places the radiologist in an ethical dilemma, between the principle of autonomy on the one hand and the ethical principles of beneficence, nonmaleficence and justice on the other. The choice made by radiologists in moral dilemmas is inspired by an adherence to moral principles, which in Italy and elsewhere refer to the Judaeo-Christian tradition or to neo-Darwinian relativism. Whatever the choice, the radiologist is bound to adhere to that choice and to provide the patient with all the relevant information regarding his or her state of health.

Cesarean delivery on maternal request: can the ethical problem be solved by the principlist approach?

Science.gov (United States)

Nilstun, Tore; Habiba, Marwan; Lingman, Göran; Saracci, Rodolfo; Da Frè, Monica; Cuttini, Marina

2008-06-17

In this article, we use the principlist approach to identify, analyse and attempt to solve the ethical problem raised by a pregnant woman's request for cesarean delivery in absence of medical indications. We use two different types of premises: factual (facts about cesarean delivery and specifically attitudes of obstetricians as derived from the EUROBS European study) and value premises (principles of beneficence and non-maleficence, respect for autonomy and justice).Beneficence/non-maleficence entails physicians' responsibility to minimise harms and maximise benefits. Avoiding its inherent risks makes a prima facie case against cesarean section without medical indication. However, as vaginal delivery can have unintended consequences, there is a need to balance the somewhat dissimilar risks and benefits. The principle of autonomy poses a challenge in case of disagreement between the pregnant woman and the physician. Improved communication aimed to enable better informed choice may overcome some instances of disagreement. The principle of justice prohibits unfair discrimination, and broadly favours optimising resource utilisation. Available evidence supports vaginal birth in uncomplicated term pregnancies as the standard of care. The principlist approach offered a useful framework for ethical analysis of cesarean delivery on maternal request, identified the rights and duties of those involved, and helped reach a conclusion, although conflict at the individual level may remain challenging.

[Subjective glance in ethics and attitudes in psychiatric nursing].

Science.gov (United States)

Schädle-Deininger, Hilde

2014-07-01

Patients with psychiatric problems have the right to receive qualified and humane psychiatric nursing. To meet these requirements nurses should reflect on their daily practice and whether they support clients in respect of autonomy, empowerment and recovery or only meet the requirements of the institution and well-worn routines. The Code of Ethics for Nurses (International Council of Nurses [ICN] and the four principles of Beauchamp and Childress [respect of autonomy, nonmaleficence, beneficence and justice]) help nurses to decide in their daily work on the narrow line between autonomy and treating the patient like a child. Emphasis is laid on the nurses' duty to influence the political development in health services. © Georg Thieme Verlag KG Stuttgart · New York.

Moral challenges in managed care

Directory of Open Access Journals (Sweden)

Leandri Hattingh

2015-11-01

Full Text Available Managed health care in South Africa is faced with complex moral challenges, where different stakeholders appeal to different ethics principles to guide decision making. The traditional bio-medical ethics principles of beneficence, non-maleficence and respect for autonomy are typically emphasised in clinical practice, while third party funders appeal to the principle of justice to guide the allocation of limited, pooled resources. Health care professionals working in managed care are particularly exposed to these conflicts, vis-à-vis incongruence between the ethics guidelines from their professional bodies and the legislation pertaining to managed care. Common understanding of the claims and responsibilities of each of the stakeholders may promote a more coherent, sustainable health care system. 

A proposed ethical framework for vaccine mandates: competing values and the case of HPV.

Science.gov (United States)

Field, Robert I; Caplan, Arthur L

2008-06-01

Debates over vaccine mandates raise intense emotions, as reflected in the current controversy over whether to mandate the vaccine against human papilloma virus (HPV), the virus that can cause cervical cancer. Public health ethics so far has failed to facilitate meaningful dialogue between the opposing sides. When stripped of its emotional charge, the debate can be framed as a contest between competing ethical values. This framework can be conceptualized graphically as a conflict between autonomy on the one hand, which militates against government intrusion, and beneficence, utilitarianism, justice, and nonmaleficence on the other, which may lend support to intervention. When applied to the HPV vaccine, this framework would support a mandate based on utilitarianism, if certain conditions are met and if herd immunity is a realistic objective.

Et klinisk etisk dilemma

DEFF Research Database (Denmark)

Bruun, Henriette

2015-01-01

symptoms. However, she agrees to meet with the community treatment team. How are they to act? Should they accept her refusal of antipsychotic medication, though they see it as the best treatment? This dilemma is analysed and described according to Beauchamps and Childress four fundamental principles: 1......Through the presentation of a concrete ethical dilemma, this article presents the praxis of a clinical ethics committee in Denmark. The dilemma was analysed in the clinical ethics committee of psychiatry in the region of Southern Denmark. The dilemma is well known in psychiatry; it concerns....... the non-maleficence principle, 2. the beneficence principle, 3.the principle of autonomy and 4. the principle of justice. Common values in Danish psychiatry; respect, proficiency and responsibility are included in the description....

Ethical Challenges embedded in qualitative research interviews with close relatives

DEFF Research Database (Denmark)

Haahr, Anita; Norlyk, Annelise; Hall, Elisabeth

2013-01-01

Nurse researchers engaged in qualitative interviews with patients and spouses in healthcare may often experience being in unforseen ethical dilemmas. Researchers are guided by the bioethical principles of justice, beneficence, non-maleficence respect for human rights and respect for autonomy...... through the entire research process. However, these principles are not sufficient to prepare researchers for unanticipated ethical dilemmas related to qualitative researchs interviews. We describe and discuss ethically challenging and difficult moments embedded in two cases from our own phenomenological...... interview studies. We argue that qualitative interviews involve navigation between being guided by bioethics as a researcher, being a therapist/nurse and being a fellow human being or even a friend. The researchers' premises to react to unexpected situations and act in a sound ethical manner must...

Procreative beneficence and the prospective parent.

Science.gov (United States)

Herissone-Kelly, P

2006-03-01

Julian Savulescu has given clear expression to a principle-that of "procreative beneficence"-which underlies the thought of many contemporary writers on bioethics. The principle of procreative beneficence (PPB) holds that parents or single reproducers are at least prima facie obliged to select the child, out of a range of possible children they might have, who will be likely to lead the best life. My aim in this paper is to argue that prospective parents, just by dint of their being prospective parents, are in fact not obliged to act on PPB. That is, there is something about their filling the role of prospective parents that exempts them from selecting the child with the best life. I urge that it is more realistic to view prospective parents as bound by a principle of acceptable outlook, which holds that they ought not to select children whose lives will contain an unacceptable amount of suffering.

Cesarean delivery on maternal request: Can the ethical problem be solved by the principlist approach?

Science.gov (United States)

Nilstun, Tore; Habiba, Marwan; Lingman, Göran; Saracci, Rodolfo; Da Frè, Monica; Cuttini, Marina

2008-01-01

In this article, we use the principlist approach to identify, analyse and attempt to solve the ethical problem raised by a pregnant woman's request for cesarean delivery in absence of medical indications. We use two different types of premises: factual (facts about cesarean delivery and specifically attitudes of obstetricians as derived from the EUROBS European study) and value premises (principles of beneficence and non-maleficence, respect for autonomy and justice). Beneficence/non-maleficence entails physicians' responsibility to minimise harms and maximise benefits. Avoiding its inherent risks makes a prima facie case against cesarean section without medical indication. However, as vaginal delivery can have unintended consequences, there is a need to balance the somewhat dissimilar risks and benefits. The principle of autonomy poses a challenge in case of disagreement between the pregnant woman and the physician. Improved communication aimed to enable better informed choice may overcome some instances of disagreement. The principle of justice prohibits unfair discrimination, and broadly favours optimising resource utilisation. Available evidence supports vaginal birth in uncomplicated term pregnancies as the standard of care. The principlist approach offered a useful framework for ethical analysis of cesarean delivery on maternal request, identified the rights and duties of those involved, and helped reach a conclusion, although conflict at the individual level may remain challenging. PMID:18559083

Cesarean delivery on maternal request: Can the ethical problem be solved by the principlist approach?

Directory of Open Access Journals (Sweden)

Da Frè Monica

2008-06-01

Full Text Available Abstract In this article, we use the principlist approach to identify, analyse and attempt to solve the ethical problem raised by a pregnant woman's request for cesarean delivery in absence of medical indications. We use two different types of premises: factual (facts about cesarean delivery and specifically attitudes of obstetricians as derived from the EUROBS European study and value premises (principles of beneficence and non-maleficence, respect for autonomy and justice. Beneficence/non-maleficence entails physicians' responsibility to minimise harms and maximise benefits. Avoiding its inherent risks makes a prima facie case against cesarean section without medical indication. However, as vaginal delivery can have unintended consequences, there is a need to balance the somewhat dissimilar risks and benefits. The principle of autonomy poses a challenge in case of disagreement between the pregnant woman and the physician. Improved communication aimed to enable better informed choice may overcome some instances of disagreement. The principle of justice prohibits unfair discrimination, and broadly favours optimising resource utilisation. Available evidence supports vaginal birth in uncomplicated term pregnancies as the standard of care. The principlist approach offered a useful framework for ethical analysis of cesarean delivery on maternal request, identified the rights and duties of those involved, and helped reach a conclusion, although conflict at the individual level may remain challenging.

Justice in health care: the contribution of Edmund Pellegrino.

Science.gov (United States)

Veatch, R M

1990-06-01

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

The strange case of Mr. H. Starting dialysis at 90 years of age: clinical choices impact on ethical decisions.

Science.gov (United States)

Piccoli, Giorgina Barbara; Sofronie, Andreea Corina; Coindre, Jean-Philippe

2017-11-09

Starting dialysis at an advanced age is a clinical challenge and an ethical dilemma. The advantages of starting dialysis at "extreme" ages are questionable as high dialysis-related morbidity induces a reflection on the cost- benefit ratio of this demanding and expensive treatment in a person that has a short life expectancy. Where clinical advantages are doubtful, ethical analysis can help us reach decisions and find adapted solutions. Mr. H is a ninety-year-old patient with end-stage kidney disease that is no longer manageable with conservative care, in spite of optimal nutritional management, good blood pressure control and strict clinical and metabolic evaluations; dialysis is the next step, but its morbidity is challenging. The case is analysed according to principlism (beneficence, non-maleficence, justice and respect for autonomy). In the setting of care, dialysis is available without restriction; therefore the principle of justice only partially applied, in the absence of restraints on health-care expenditure. The final decision on whether or not to start dialysis rested with Mr. H (respect for autonomy). However, his choice depended on the balance between beneficence and non-maleficence. The advantages of dialysis in restoring metabolic equilibrium were clear, and the expected negative effects of dialysis were therefore decisive. Mr. H has a contraindication to peritoneal dialysis (severe arthritis impairing self-performance) and felt performing it with nursing help would be intrusive. Post dialysis fatigue, poor tolerance, hypotension and intrusiveness in daily life of haemodialysis patients are closely linked to the classic thrice-weekly, four-hour schedule. A personalized incremental dialysis approach, starting with one session per week, adapting the timing to the patient's daily life, can limit side effects and "dialysis shock". An individualized approach to complex decisions such as dialysis start can alter the delicate benefit/side-effect balance

Morality, ethics, and law: introductory concepts.

Science.gov (United States)

Horner, Jennifer

2003-11-01

The purpose of this article is to differentiate morality, ethics, and law. Morality refers to a set of deeply held, widely shared, and relatively stable values within a community. Ethics as a philosophical enterprise involves the study of values, and the justification for right and good actions, as represented by the classic works of Aristotle (virtue ethics), Kant (duty-based ethics), and Bentham and Mill (utilitarian and consequentialist ethics). Applied ethics, in contrast, is the use of ethics principles (e.g., respect for autonomy, beneficence, and nonmaleficence, justice) in actual situations, such as in professional and clinical life. Finally, law is comprised of concrete duties established by governments that are necessary for maintaining social order and resolving disputes, as well as for distributing social resources according to what people need or deserve.

Ethics and integrative medicine: moving beyond the biomedical model.

Science.gov (United States)

Guinn, D E

2001-01-01

For the most part, those who have written on the ethics of complementary and alternative medicine (CAM) and integrative medicine have attempted simply to apply traditional bioethics (in the form of principles of autonomy, beneficence, nonmaleficence, and justice) to this new area of healthcare. In this article I argue that adopting the practices of CAM requires a new ethical understanding that incorporates the values implicit in those practices. The characteristics of CAM and conventional medicine can be translated into the language of healthcare values in a variety of ways. I suggest that they support 5 core values: integrated humanity, ecological integrity, naturalism, relationalism, and spiritualism. Characteristics of both CAM and conventional medicine are present in value. What is now thought of as principlism is, in this understanding, simply a subset within these values.

Ethical considerations for the design and implementation of child injury prevention interventions: the example of delivering and installing safety equipment into the home.

Science.gov (United States)

Scholtes, Beatrice; Schröder-Bäck, Peter

2017-12-11

Public health ethics is a growing field of academic interest but ethical discussion of injury prevention seems to have received limited attention. Interventions that promise to be effective are not necessarily-without explicit justification-'good' and 'right' interventions in every sense. This paper explores public health ethics in the context of child injury prevention with the objective to initiate interdisciplinary dialogue on the ethics of child safety interventions. A framework of seven public health ethics principles (non-maleficence, health maximisation, beneficence, respect for autonomy, justice, efficiency and proportionality) were applied to an intervention to promote child safety in the home. Preventing child injury in the home is ethically challenging due to the requirement for the state to intervene in the private sphere. Non-maleficence and beneficence are difficult to judge within this intervention as these are likely to be highly dependent on the nature of intervention delivery, in particular, the quality of communication. Respect for autonomy is challenged by an intervention occurring in the home. The socioeconomic gradient in child injury risk is an important factor but a nuanced approach could help to avoid exacerbating inequalities or stigmatisation. Equally, a nuanced approach may be necessary to accommodate the principles of proportionality and efficiency within the local context. We conclude that this intervention is justifiable from an ethical perspective but that this type of reflection loop is helpful to identify the impact of interventions beyond effectiveness. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Life-sustaining support: ethical, cultural, and spiritual conflicts part I: Family support--a neonatal case study.

Science.gov (United States)

Stutts, Amy; Schloemann, Johanna

2002-04-01

As medical knowledge and technology continue to increase, so will types of life-sustaining support as well as the public's expectations for use of this support with positive outcomes. Health care professionals will continue to be challenged by the issues surrounding the appropriate use of life-sustaining support and the issues it raises. This is especially apparent in the NICU. When parents' belief systems challenge the health care team's ethical commitment to beneficence and nonmaleficence, a shared decision-making model based on mutual understanding of and respect for different viewpoints can redirect the focus onto the baby's best interest. This article addresses three questions: 1. How do nonmaleficence, beneficence, and concern about quality of life guide the use of life-sustaining support? 2. To what extent should parental autonomy and spirituality influence treatment decisions? 3. What efforts can the health care team make to support the family?

Ethical Considerations on Disclosure When Medical Error Is Discovered During Medicolegal Death Investigation.

Science.gov (United States)

Wolf, Dwayne A; Drake, Stacy A; Snow, Francine K

2017-12-01

In the course of fulfilling their statutory role, physicians performing medicolegal investigations may recognize clinical colleagues' medical errors. If the error is found to have led directly to the patient's death (missed diagnosis or incorrect diagnosis, for example), then the forensic pathologist has a professional responsibility to include the information in the autopsy report and make sure that the family is appropriately informed. When the error is significant but did not lead directly to the patient's demise, ethical questions may arise regarding the obligations of the medical examiner to disclose the error to the clinicians or to the family. This case depicts the discovery of medical error likely unrelated to the cause of death and describes one possible ethical approach to disclosure derived from an ethical reasoning model addressing ethical principles of respect for persons/autonomy, beneficence, nonmaleficence, and justice.

[Ethics and ritual circumcision].

Science.gov (United States)

Castagnola, C; Faix, A

2014-12-01

Circumcision dates back to ancient times, nowadays, this ritual is practiced mainly in the context of Jewish and Muslim religions. The purpose of this article is to give urologists elements of reflection on the act according to the ethical principles of autonomy, beneficence, non-maleficence and justice. According to a Kantian vision, priority should be given to the respect and wishes of the individuals. In contrast, for the utilitarian theory, circumcision can be justified by a contribution to the happiness of the majority of community members at the expense of a given few. In the event of a request for ritual circumcision, urologists find themselves in the middle, uncomfortable for some, questioning the ethics of its meaning. The main pitfall for the surgeon remains in respecting the child's autonomy. Copyright © 2014 Elsevier Masson SAS. All rights reserved.

When and How Should Clinicians Share Details from a Health Record with Patients with Mental Illness?

Science.gov (United States)

Thom, Robyn P; Farrell, Helen M

2017-03-01

Stigma associated with mental illness-a public health crisis-is perpetuated by the language used to describe and document it. Psychiatric pathology and how it can be perceived among clinicians contribute to the marginalization of patients, which exacerbates their vulnerability. Clinical documentation of mental illness has long been mired in pejorative language that perpetuates negative assumptions about those with mental illness. Although patients have the legal right to view their health record, sharing mental health notes with patients remains a sensitive issue, largely due to clinicians' fears that review of this content might cause harm, specifically psychiatric destabilization. However, the ethical principles of justice, beneficence, and autonomy as well as nonmaleficence must be considered by clinicians in determining when and how to share psychiatric details from a health record with their patients. © 2017 American Medical Association. All Rights Reserved.

Health risk communication--a view from within industry.

Science.gov (United States)

Spivey, G H

1991-01-01

Health risk communication is discussed in respect to four principles of biomedical ethics: (1) autonomy, the need to protect confidentiality and provide decision-making information; (2) beneficence, an obligation to inform and to develop trust; (3) non-maleficence, not covering up study findings, not over- or underinterpreting data; and (4) justice, helping place risk in proper perspective. The epidemiologist's role in risk communication includes responsible interpretation of data, balanced and non-judgemental risk communication and careful attention to the biologic and population significance of study findings. Potential problem areas for epidemiologists which are discussed include deciding when risk is significant, working for an agency which does not want a communication to take place and the occasional need to violate confidentiality for overriding societal goals. The paper concludes with an example risk communication which illustrates some of the principles covered in the paper.

[Economy in intensive care medicine--a contradiction?].

Science.gov (United States)

Janssens, U

2015-05-01

Medical progress and demographic changes will lead to increasing budgetary constraints in the health care system in the coming years. With respect to economic, medical, and ethical aspects, intensive care medicine has a particular role within the health system. Nonetheless, financial restriction will be inevitable in the near future. A literature review was performed. In an era of economic decline accompanied by widespread recognition that healthcare costs are on a consistent upward spiral, rationalization and rationing are unavoidable. Priorization models will play a pivotal role in allocation of resources. Individual ethics (respect for autonomy, nonmaleficence, beneficence) as well as justice are essential in daily practice. Economic thinking and acting as well as being ethically responsible are not mutually exclusive. On the contrary, acting in an ethically responsible manner will be of considerable significance given the pressure of increasing costs in intensive care medicine.

On the Partiality of Procreative Beneficence

DEFF Research Database (Denmark)

Petersen, Thomas Søbirk

2015-01-01

The aim of this paper is to criticise the well-discussed principle of Procreative Beneficence (PB) lately refined by Julian Savulescu and Guy Kahane. First, it is argued that advocates of PB leave us with an implausible justification for the moral partiality towards the child (or children) which...... the target. Finally, a genuine counterexample to PB is developed in order to show that the partiality of PB leads to the wrong answer in a specific case....

Beneficência e paternalismo médico Beneficence and medical paternalism

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Henrique Batista e Silva

2010-12-01

Full Text Available O autor discute a relação médico-paciente, considerando que na sociedade contemporânea e secularizada as aplicações decorrentes das pesquisas biomédicas trazem dilemas ao exercício profissional. Discorre sobre o atendimento, analisando o paternalismo e a autonomia do paciente na perspectiva dos princípios da beneficência e da autonomia. A beneficência se constitui em uma das prerrogativas do exercício da Medicina dizendo respeito a agir no melhor interesse do paciente. Para a reflexão bioética sua aplicação importa em distinguir a beneficência geral da específica quando da tomada de decisão médica. Desconsiderar a opinião do paciente plenamente capaz constitui conduta unilateral, o paternalismo médico, que pode ser eticamente justificado, e por vezes necessário, apenas quando existe limitação na autodeterminação do paciente, momentânea ou definitiva. Torna-se necessário, portanto, entender que as ações beneficentes no atendimento clínico são inerentes à relação médico-paciente e quanto melhor essa relação é construída, tanto melhor será a decisão médica, que não cause dano ao paciente e possa agir em seu benefício, respeitando sua autonomia. Para compatibilizar beneficência e paternalismo o médico precisa manter sua autoridade, preservando seus conhecimentos e responsabilizando-se pela tomada da decisão, e o paciente participar do processo de escolha de acordo com seus valores morais e pessoais.The author addresses the relevant issue of the relationship between doctor and patient, considering that biomedical research applications could raise dilemmas to the medical profession's practice in a contemporary and secular society. In this context, he seeks to discuss the medical attendance and analyses aspects concerned with paternalism and the prerogatives of patient's autonomy in perspective of the beneficence and autonomy principles. The beneficence constitutes one of the prerogatives in Medicine

'I'm more sick than my doctors think': ethical issues in managing somatization in developing countries.

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Chandra, Prabha S; Satyanarayana, Veena A

2013-02-01

Several ethical issues confront the healthcare professional who is managing somatization in developing countries where cost constraints, low literacy, poverty, poor nutrition and infections and inadequate access to healthcare are common. The paper discusses these in the context of the ethical principles of autonomy, beneficence, non-maleficence and justice. Some of the ethical issues in managing somatization include being influenced by patient distress rather than rational medical decision-making, inadequate attention to the cultural meaning of symptoms, psychologizing versus medicalizing, the ethics of nomenclature and labels, communicating ethically with patients, and managing them adequately given lack of evidence and training. An ethical approach to managing somatization in this context would include using an integrated and simultaneous medical and psychiatric approach. To ensure patient beneficence, the medical, psychological and social assessment should be undertaken side-by-side as much as possible and should be cost effective. Respecting patient autonomy by using adequate communication methods and the patient's cultural model of the illness as part of management is also integral to ethical practice. In the developing world, issues of equity are also an important ethical concern. When more serious illnesses are the health priority, functional syndromes may not get equal importance or resources.

Nursing and euthanasia: a review of argument-based ethics literature.

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Quaghebeur, Toon; Dierckx de Casterlé, Bernadette; Gastmans, Chris

2009-07-01

This article gives an overview of the nursing ethics arguments on euthanasia in general, and on nurses' involvement in euthanasia in particular, through an argument-based literature review. An in-depth study of these arguments in this literature will enable nurses to engage in the euthanasia debate. We critically appraised 41 publications published between January 1987 and June 2007. Nursing ethics arguments on (nurses' involvement in) euthanasia are guided primarily by the principles of respect for autonomy, nonmaleficence, beneficence and justice. Ethical arguments related to the nursing profession are described. From a care perspective, we discuss arguments that evaluate to what degree euthanasia can be considered positively or negatively as a form of good nursing care. Most arguments in the principle-, profession- and care-orientated approaches to nursing ethics are used both pro and contra euthanasia in general, and nurses' involvement in euthanasia in particular.

Islam and the four principles of medical ethics.

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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.

Ethical Considerations for Care of the Child Undergoing Extracorporeal Membrane Oxygenation.

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Carter, Martha A

2017-02-01

Extracorporeal membrane oxygenation (ECMO) is a complex, highly technical surgical procedure that can offer hope for children born with congenital heart defects. The procedure may only briefly prolong a life, has limited potential for decreasing mortality, and may lead to serious complications, however. Perioperative nurses play an important role in caring for the child who requires ECMO. They are involved in assessing the child, implementing the plan of care, and facilitating communication between the child's family members and the health care team. Thus, perioperative nurses have a responsibility to consider the broad range of ethical issues associated with the procedure. By examining the ethical concepts of beneficence, nonmaleficence, autonomy, justice, and moral distress, the perioperative nurse can better understand the dilemmas that can affect the care and outcome of the critically ill child who requires ECMO. Copyright © 2017 AORN, Inc. Published by Elsevier Inc. All rights reserved.

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

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David McQuoid-Mason

2015-11-01

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

Beneficence and the aged.

Science.gov (United States)

Dowd, J J

1984-01-01

The present paper reexamines the modernization hypothesis, focusing principally on the issues of whether and why the relative status and prestige of old people is lower in late 20th century industrial societies than it was during the preceding century. It is argued that the status of most old people, whether considered in absolute or relative terms, is indeed higher now than earlier. No longer bound by the usual norms of reciprocity governing social interaction, old people benefit by a renascence of the norm of beneficence. The very old, in other words, receive more than they are owed under the norm of reciprocity. For the young-old, however, the norm of reciprocity continues in effect. Because of this, and the tightening in eligibility criteria for programs of social support, the position of the young-old is less a function of age than it is of social class.

Ethics fundamentals.

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Chambers, David W

2011-01-01

Ethics is about studying the right and the good; morality is about acting as one should. Although there are differences among what is legal, charitable, professional, ethical, and moral, these desirable characteristics tend to cluster and are treasured in dentistry. The traditional approach to professionalism in dentistry is based on a theory of biomedical ethics advanced 30 years ago. Known as the principles approach, general ideals such as respect for autonomy, nonmaleficence, beneficence, justice, and veracity, are offered as guides. Growth in professionalism consists in learning to interpret the application of these principles as one's peers do. Moral behavior is conceived as a continuous cycle of sensitivity to situations requiring moral response, moral reasoning, the moral courage to take action when necessary, and integration of habits of moral behavior into one's character. This essay is the first of two papers that provide the backbone for the IDEA Project of the College--an online, multiformat, interactive "textbook" of ethics for the profession.

A systematic format for resolving ethical issues in clinical periodontics.

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Schloss, Alexander J

2012-01-01

Ethical dilemmas are becoming increasingly common in dentistry and periodontics. Clinicians, challenged with such dilemmas, may not know how to apply the appropriate moral reasoning needed to resolve these situations especially when any of the five fundamental principles of ethics that form the foundation of the American Dental Association Principles of Ethics and Code of Professional Conduct--patient autonomy, nonmaleficence, beneficence, justice, and veracity--come into conflict with each other. The author describes one clinical case that presented with an ethical dilemma. An analytic framework, used in medicine, is introduced and used to solve the clinical case on whether to proceed with periodontal surgery on a patient who is not aware of his terminal prognosis from metastatic prostate cancer. Upon using the analytic framework, recommendations are made on the ethically appropriate path for the periodontist to follow in providing care for the patient's periodontal problem consistent with the principles of patient autonomy, respect for persons, and veracity.

Psychotherapy of the victims of massive violence: countertransference and ethical issues.

Science.gov (United States)

Kinzie, J D; Boehnlein, J K

1993-01-01

Psychotherapy with severely traumatized patients is a long, draining process that often produces strong countertransference reactions. It is difficult to therapeutically and ethically handle these personal responses. We feel that at different stages in therapy different ethical principles should guide the therapy. At the early stages, fidelity and nonmaleficence should be the guiding principles. As trust and confidence develop, therapists may have more personal freedom to act; beneficence, i.e., providing specific confident care then becomes the primary ethical principle. In later stages of therapy, promoting the principles of autonomy and justice come into play. As therapy further progresses, therapists' own needs, the principle of self-interest, may be utilized in the therapeutic relationship. Throughout therapeutic contacts with traumatized patients, therapists need to monitor their own needs, and find appropriate ways outside of therapy to cope with these often intense feelings. Continuing to feel therapeutically competent and ethically grounded, yet maintaining the personal strength and balance to treat traumatized patients, pose major challenges for therapists.

Ethical challenges embedded in qualitative research interviews with close relatives.

Science.gov (United States)

Haahr, Anita; Norlyk, Annelise; Hall, Elisabeth Oc

2014-02-01

Nurse researchers engaged in qualitative interviews with patients and spouses in healthcare may often experience being in unforeseen ethical dilemmas. Researchers are guided by the bioethical principles of justice, beneficence, non-maleficence, respect for human rights and respect for autonomy through the entire research process. However, these principles are not sufficient to prepare researchers for unanticipated ethical dilemmas related to qualitative research interviews. We describe and discuss ethically challenging and difficult moments embedded in two cases from our own phenomenological interview studies. We argue that qualitative interviews involve navigation between being guided by bioethics as a researcher, being a therapist/nurse and being a fellow human being or even a friend. The researchers' premises to react to unexpected situations and act in a sound ethical manner must be enhanced, and there is a need for an increased focus on the researchers' ethical preparation and to continually address and discuss cases from their own interviews.

Is Rorty’s Neopragmatism the “Real” Foundation of Medical Ethics: a Search for Foundational Principles

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Branch, William T

2006-01-01

Principlism, the predominate approach to bioethics, has no foundational principles. This absence of foundations reflects the general intellectual climate of postmodern relativism. Even America’s foremost public philosopher, Richard Rorty, whose pragmatism might suggest a philosophy of commonsense, seems to be swimming in the postmodern swamp. Alternatively, principlism’s architects, Beauchamp and Childress, suggest a constantly evolving reflective equilibrium with some basis in common morality as a workable framework for twenty-first century bioethics. The flaw in their approach is failure to conform to real doctors’ and patients’ experiences. Real doctors adopt a scientific paradigm that assumes an objective reality. Patients experience real suffering and seek effective cures, treatments, palliation and solace. The foundation of medical ethics should be that doctors altruistically respond to their patients’ suffering using scientifically acceptable modalities. Compassion, caring, and respect for human dignity are needed as guides in addition to justice, beneficence, nonmaleficence and respect for autonomy. PMID:18528478

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

Science.gov (United States)

Gillon, Raanan

2015-01-01

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

Implementing risk-stratified screening for common cancers: a review of potential ethical, legal and social issues.

Science.gov (United States)

Hall, A E; Chowdhury, S; Hallowell, N; Pashayan, N; Dent, T; Pharoah, P; Burton, H

2014-06-01

The identification of common genetic variants associated with common cancers including breast, prostate and ovarian cancers would allow population stratification by genotype to effectively target screening and treatment. As scientific, clinical and economic evidence mounts there will be increasing pressure for risk-stratified screening programmes to be implemented. This paper reviews some of the main ethical, legal and social issues (ELSI) raised by the introduction of genotyping into risk-stratified screening programmes, in terms of Beauchamp and Childress's four principles of biomedical ethics--respect for autonomy, non-maleficence, beneficence and justice. Two alternative approaches to data collection, storage, communication and consent are used to exemplify the ELSI issues that are likely to be raised. Ultimately, the provision of risk-stratified screening using genotyping raises fundamental questions about respective roles of individuals, healthcare providers and the state in organizing or mandating such programmes, and the principles, which underpin their provision, particularly the requirement for distributive justice. The scope and breadth of these issues suggest that ELSI relating to risk-stratified screening will become increasingly important for policy-makers, healthcare professionals and a wide diversity of stakeholders. © The Author 2013. Published by Oxford University Press on behalf of Faculty of Public Health.

Palliative sedation and ethical dilemma

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Juri Salamah

2018-01-01

Full Text Available Palliative sedation is a unique concern for the patient as well as the family. It is a difficult serious ethical dilemma for the physicians to handle. The conflicting ethical principles of autonomy, beneficence and nonmaleficence in continuing versus discontinuing all supportive devices raise concerns among health professionals whether this is euthanasia (physician-assisted suicide or is just prolonging the patient's unnecessary suffering.

[Confidentiality in medical oaths: (When the white crow becomes gray...)].

Science.gov (United States)

Gelpi, R J; Pérez, M L; Rancich, A M; Mainetti, J A

2000-01-01

Confidentiality, together with the ethical principles of beneficence and non-maleficence, is the most important rule in Medical Oaths at the present time. However, the scientific-technical advances in medicine have made this rule one of the most controversial ones because of its exceptions. In consequence, the aim of the present paper is to comparatively analyze the rule of confidentiality in Medical Oaths of different places, times, origins and in different versions of the Hippocratic Oath in order to determine what should be kept a secret and with what degree of commitment (absolute or "prima facie"). Of the thirty six analyzed Oaths, twenty-seven manifest this rule and nine do not. No relation was found between the manifestation of this rule and the place, time, origin and different versions of the Hippocratic Oath. Most pledges suggest not to reveal what has been seen or heard during the medical act, the same as in the Hippocratic Oath. Seven texts point out that confidentiality should be absolute and four give exceptions in connection with beneficence and justice principles and the moral duty of causing no damage to third parties. Two pledges specify protection of privacy. In conclusion, today confidentiality is considered to be a moral duty for the benefit of the patient and out of consideration for his autonomy; however, at the present time in medicine the duty of keeping absolute secrecy is being reconsidered.

The principle of procreative beneficence: old arguments and a new challenge.

Science.gov (United States)

Hotke, Andrew

2014-06-01

In the last ten years, there have been a number of attempts to refute Julian Savulescu's Principle of Procreative Beneficence; a principle which claims that parents have a moral obligation to have the best child that they can possibly have. So far, no arguments against this principle have succeeded at refuting it. This paper tries to explain the shortcomings of some of the more notable arguments against this principle. I attempt to break down the argument for the principle and in doing so, I explain what is needed to properly refute it. This helps me show how and why the arguments of Rebecca Bennett, Sarah Stoller and others fail to refute the principle. Afterwards, I offer a new challenge to the principle. I attack what I understand to be a fundamental premise of the argument, a premise which has been overlooked in the literature written about this principle. I argue that there is no reason to suppose, as Savulescu does, that morality requires us to do what we have most reason to do. If we reject this premise, as I believe we have reason to do, the argument for Procreative Beneficence fails. © 2012 John Wiley & Sons Ltd.

Epidemiology and moral philosophy.

OpenAIRE

Westrin, C G; Nilstun, T; Smedby, B; Haglund, B

1992-01-01

To an increasing extent ethical controversies affect and sometimes obstruct public health work and epidemiological research. In order to improve communication between the concerned parties a model for identification and analysis of ethical conflicts in individual-based research has been worked out in co-operation between epidemiologists and moral philosophers. The model has two dimensions. One dimension specifies relevant ethical principles (as beneficence, non-maleficence, autonomy and justi...

Ethics of physiotherapy practice in terminally ill patients in a developing country, Nigeria.

Science.gov (United States)

Chigbo, N N; Ezeome, E R; Onyeka, T C; Amah, C C

2015-12-01

Physiotherapy has been widely defined as a healthcare profession that assesses, diagnoses, treats, and works to prevent disease and disability through physical means. The World Confederation for Physical Therapy describes physiotherapy as providing services to people and populations to develop, maintain, and restore maximum movement and functional ability throughout the lifespan. Physiotherapists working with terminally ill patients face a myriad of ethical issues which have not been substantially discussed in bioethics especially in the African perspective. In the face of resource limitation in developing countries, physiotherapy seems to be a cost-effective means of alleviating pain and distressing symptoms at the end-of-life, ensuring a more dignified passage from life to death, yet referrals to physiotherapy are not timely. Following extensive literature search using appropriate keywords, six core ethical themes related to physiotherapy in terminally ill patients were identified and using the four principles of bioethics (patient's autonomy, beneficence, nonmaleficence, and justice), an ethical analysis of these themes was done to highlight the ethical challenges of physiotherapists working in a typical African setting such as Nigeria.

[Grounding public health policies in ethics and economic efficiency. SESPAS report 2010].

Science.gov (United States)

Ramiro Avilés, Miguel A; Lobo, Félix

2010-12-01

In recent times, various voices in Spain have questioned public health policies as an assault to personal freedom. The present article aims to respond to these voices with ethical and economic arguments. The scope and characteristics of this current of opinion are described. Then, starting with John Stuart Mill, the ethical principles of non-maleficence, beneficence, personal autonomy and justice, as well as related concepts taken from economic efficiency, such as externalities, monopoly, incomplete and asymmetric information, agency relationship, public goods and adverse selection, are discussed. A short mention is made of equity in economics, the welfare state and public health systems. The justification for paternalist actions by the state, as well as limits to these actions, are briefly discussed. Respect for individual freedom does not exclude the implementation of public health actions but rather demands the adoption of such policies. If these actions comply with certain conditions, they do not limit individual freedom but rather serve to protect it. Copyright © 2010 SESPAS. Published by Elsevier Espana. All rights reserved.

`I Don't Even Have Time to be Their Friend!' Ethical Dilemmas in Ph.D. Supervision in the Hard Sciences

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Löfström, Erika; Pyhältö, Kirsi

2015-11-01

This study focused on exploring students' and supervisors' perceptions of ethical problems in doctoral supervision in the natural sciences. Fifteen supervisors and doctoral students in one research community in the natural sciences were interviewed about their practices and experiences in the doctoral process and supervision. We explored to what extent doctoral students and supervisors experienced similar or different ethical challenges in the supervisory relationship and analyzed how the experiences of ethical dilemmas in supervision could be understood in light of the structure and practices of natural science research groups. The data were analyzed by theory-driven content analysis. Five ethical principles, namely non-maleficence, beneficence, autonomy, fidelity and justice, were used as a framework for identifying ethical issues. The results show that one major question that appears to underpin many of the emerging ethical issues is that the supervisors and students have different expectations of the supervisory role. The second important observation is that doctoral students primarily described their own experiences, whereas the supervisors described their activities as embedded in a system and elaborated on the causes and consequences at a system level.

The philosophical moment of the medical decision: revisiting emotions felt, to improve ethics of future decisions.

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Le Coz, Pierr; Tassy, Sebastien

2007-08-01

The present investigation looks for a solution to the problem of the influence of feelings and emotions on our ethical decisions. This problem can be formulated in the following way. On the one hand, emotions (fear, pity and so on) can alter our sense of discrimination and lead us to make our wrong decisions. On the other hand, it is known that lack of sensitivity can alter our judgment and lead us to sacrifice basic ethical principles such as autonomy, beneficence, non-maleficence and justice. Only emotions can turn a decision into an ethical one, but they can also turn it into an unreasonable one. To avoid this contradiction, suggest integrating emotions with the decisional factors of the process of "retrospective thinking". During this thinking, doctors usually try to identify the nature and impact of feelings on the decision they have just made. In this retrospective moment of analysis of the decision, doctors also question themselves on the feelings they did not experience. They do this to estimate the consequences of this lack of feeling on the way they behaved with the patient.

Ethical considerations for vaccination programmes in acute humanitarian emergencies

Science.gov (United States)

Hardie, Kate; Selgelid, Michael J; Waldman, Ronald J; Strebel, Peter; Rees, Helen; Durrheim, David N

2013-01-01

Abstract Humanitarian emergencies result in a breakdown of critical health-care services and often make vulnerable communities dependent on external agencies for care. In resource-constrained settings, this may occur against a backdrop of extreme poverty, malnutrition, insecurity, low literacy and poor infrastructure. Under these circumstances, providing food, water and shelter and limiting communicable disease outbreaks become primary concerns. Where effective and safe vaccines are available to mitigate the risk of disease outbreaks, their potential deployment is a key consideration in meeting emergency health needs. Ethical considerations are crucial when deciding on vaccine deployment. Allocation of vaccines in short supply, target groups, delivery strategies, surveillance and research during acute humanitarian emergencies all involve ethical considerations that often arise from the tension between individual and common good. The authors lay out the ethical issues that policy-makers need to bear in mind when considering the deployment of mass vaccination during humanitarian emergencies, including beneficence (duty of care and the rule of rescue), non-maleficence, autonomy and consent, and distributive and procedural justice. PMID:23599553

"Let Me Keep My Dead Husband's Sperm": Ethical Issues in Posthumous Reproduction.

Science.gov (United States)

Panagiotopoulou, Nikoletta; Karavolos, Stamatios

2015-01-01

The feasibility of posthumous reproduction when the surviving partner is female has brought to light many ethical, moral, social, and legal issues. This review aims to summarize these issues and to assist clinicians who may be faced with such requests. A question list, used for health technologies assessment, was utilized in a question-answer approach as the review methodology. Of the 1,208 publications identified through a comprehensive literature search in biomedical, psychological, and ethical databases, 31 articles included arguments related to one or more questions from the predefined question set. Key stakeholders identified include the deceased, the requesting party, the resultant child, the physician, and society. Key ethical issues relevant to posthumous reproduction include the four traditional pillars of medical ethics--autonomy, beneficence, nonmaleficence, justice--as well as the stakeholders' rights and sociocultural attitudes. The ethical framework formulated by these issues has been incorporated in a clinical ethics decision-making tool that could prove useful to clinicians and decision makers. Copyright 2015 The Journal of Clinical Ethics. All rights reserved.

Maintaining professionalism in today's business environment: ethical challenges for the pain medicine specialist.

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Lebovits, Allen

2012-09-01

There are many external influences in today's market force that impair the relationship between the pain medicine specialist and the patient, and ultimately prevent optimal quality of care. This article explores the ethical challenges facing the pain medicine specialist in today's increasingly "business" environment and will offer solutions for maintaining the professionalism of pain medicine. Four commonly encountered bioethical principles in the practice of pain medicine are reviewed: beneficence, nonmaleficence, justice, and autonomy. The following ethical challenges of the pain medicine specialist are reviewed: practicing outside ones specialty area, practice characteristics, the consultant role, the economic lure of aggressive intervention, not evaluating for and treating comorbid psychopathology, reimbursement pressures, workers' compensation, and use of unproven methods. Solutions offered include collegial associations, social responsibility, legislative initiatives, pain education, interdisciplinary evaluation and treatment, improved relationships with third-party payers, reduced racial disparities, and ethics education. Ethics is the "roadmap" that enables the pain medicine specialist to navigate the increasingly murky waters of practicing pain management today by maintaining the professionalism necessary to combat today's "business" pressures. Wiley Periodicals, Inc.

Fief and Benefice Feudalism. Two Types of Academic Autonomy in US Chemistry

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Wieczorek, Oliver; Beyer, Stephanie; Münch, Richard

2017-01-01

In this article, we apply Max Weber's ideal types of fief and benefice feudalism to elite and non-elite chemistry departments in the USA. We develop a theoretical analogy of academic feudalism in regard to three dimensions: power relations, engagement with companies, and the impact of structural changes on the autonomy of scholars. We use a mixed…

Conforming to partnership values: a qualitative case study of public–private mix for TB control in Ghana

Directory of Open Access Journals (Sweden)

Joshua Amo-Adjei

2016-01-01

Full Text Available Background: Public–private mix (PPM can supplement public sector initiatives, including public health. As National Tuberculosis Control Programmes around the world embrace PPM, conforming to the four key principles of partnership values of beneficence, non-maleficence, autonomy, and equity as espoused by the World Health Organization can provide a useful framework to guide successful implementation. Design: This is a qualitative case study of PPM in tuberculosis (TB control, which utilised a purposive sample of 30 key stakeholders involved in TB control in Ghana. Respondents comprised an equal number of respondents from both the public and private sectors. Semi-structured in-depth interviews (IDI were conducted with respondents. Data emanating from the IDIs were analysed deductively. Results: Although the respondents’ perceptions about beneficence were unanimous, their views about non-maleficence, autonomy, and equity appeared incongruous with the underlying meanings of the PPM values. Underlying the unfavourable perceptions were disruptions in funding, project implementers’ failure to follow-up on promised incentives, and private providers lost interest. This was perceived to have negatively affected the smooth implementation of PPM in the country. Conclusions: Going forward, it is imperative that future partnerships are built around utilitarian principles and also adhere to the dictates of agreements, whether they are ‘soft’ or standard contracts.

Conforming to partnership values: a qualitative case study of public-private mix for TB control in Ghana.

Science.gov (United States)

Amo-Adjei, Joshua

2016-01-01

Public-private mix (PPM) can supplement public sector initiatives, including public health. As National Tuberculosis Control Programmes around the world embrace PPM, conforming to the four key principles of partnership values of beneficence, non-maleficence, autonomy, and equity as espoused by the World Health Organization can provide a useful framework to guide successful implementation. This is a qualitative case study of PPM in tuberculosis (TB) control, which utilised a purposive sample of 30 key stakeholders involved in TB control in Ghana. Respondents comprised an equal number of respondents from both the public and private sectors. Semi-structured in-depth interviews (IDI) were conducted with respondents. Data emanating from the IDIs were analysed deductively. Although the respondents' perceptions about beneficence were unanimous, their views about non-maleficence, autonomy, and equity appeared incongruous with the underlying meanings of the PPM values. Underlying the unfavourable perceptions were disruptions in funding, project implementers' failure to follow-up on promised incentives, and private providers lost interest. This was perceived to have negatively affected the smooth implementation of PPM in the country. Going forward, it is imperative that future partnerships are built around utilitarian principles and also adhere to the dictates of agreements, whether they are 'soft' or standard contracts.

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

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Westra, Anna E; Willems, Dick L; Smit, Bert J

2009-11-01

The "four principles approach" has been popularly accepted as a set of universal guidelines for biomedical ethics. Based on four allegedly trans-cultural principles (respect for autonomy, nonmaleficence, beneficence and justice), it is supposed to fulfil the need of a 'culturally neutral approach to thinking about ethical issues in health care'. On the basis of a case-history, this paper challenges the appropriateness of communicating in terms of these four principles with patients with a different background. The case describes the situation in which Muslim parents bring forward that their religion keeps them from consenting to end-of-life decisions by non-religious paediatricians. In a literature analysis, the different meanings and roles of the relevant principles in non-religious and Islamic ethics are compared. In non-religious ethics, the principle of nonmaleficence may be used to justify withholding or withdrawing futile or damaging treatments, whereas Islamic ethics applies this principle to forbid all actions that may harm life. And while the non-religious version of the principle of respect for autonomy emphasises the need for informed consent, the Islamic version focuses on "respect for the patient". We conclude that the parties involved in the described disagreement may feel committed to seemingly similar, but actually quite different principles. In such cases, communication in terms of these principles may create a conflict within an apparently common conceptual framework. The four principles approach may be very helpful in analysing ethical dilemmas, but when communicating with patients with different backgrounds, an alternative approach is needed that pays genuine attention to the different backgrounds.

The four principles: can they be measured and do they predict ethical decision making?

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Page, Katie

2012-05-20

The four principles of Beauchamp and Childress--autonomy, non-maleficence, beneficence and justice--have been extremely influential in the field of medical ethics, and are fundamental for understanding the current approach to ethical assessment in health care. This study tests whether these principles can be quantitatively measured on an individual level, and then subsequently if they are used in the decision making process when individuals are faced with ethical dilemmas. The Analytic Hierarchy Process was used as a tool for the measurement of the principles. Four scenarios, which involved conflicts between the medical ethical principles, were presented to participants who then made judgments about the ethicality of the action in the scenario, and their intentions to act in the same manner if they were in the situation. Individual preferences for these medical ethical principles can be measured using the Analytic Hierarchy Process. This technique provides a useful tool in which to highlight individual medical ethical values. On average, individuals have a significant preference for non-maleficence over the other principles, however, and perhaps counter-intuitively, this preference does not seem to relate to applied ethical judgements in specific ethical dilemmas. People state they value these medical ethical principles but they do not actually seem to use them directly in the decision making process. The reasons for this are explained through the lack of a behavioural model to account for the relevant situational factors not captured by the principles. The limitations of the principles in predicting ethical decision making are discussed.

The four principles: Can they be measured and do they predict ethical decision making?

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Page Katie

2012-05-01

Full Text Available Abstract Background The four principles of Beauchamp and Childress - autonomy, non-maleficence, beneficence and justice - have been extremely influential in the field of medical ethics, and are fundamental for understanding the current approach to ethical assessment in health care. This study tests whether these principles can be quantitatively measured on an individual level, and then subsequently if they are used in the decision making process when individuals are faced with ethical dilemmas. Methods The Analytic Hierarchy Process was used as a tool for the measurement of the principles. Four scenarios, which involved conflicts between the medical ethical principles, were presented to participants who then made judgments about the ethicality of the action in the scenario, and their intentions to act in the same manner if they were in the situation. Results Individual preferences for these medical ethical principles can be measured using the Analytic Hierarchy Process. This technique provides a useful tool in which to highlight individual medical ethical values. On average, individuals have a significant preference for non-maleficence over the other principles, however, and perhaps counter-intuitively, this preference does not seem to relate to applied ethical judgements in specific ethical dilemmas. Conclusions People state they value these medical ethical principles but they do not actually seem to use them directly in the decision making process. The reasons for this are explained through the lack of a behavioural model to account for the relevant situational factors not captured by the principles. The limitations of the principles in predicting ethical decision making are discussed.

The four principles: Can they be measured and do they predict ethical decision making?

Science.gov (United States)

2012-01-01

Background The four principles of Beauchamp and Childress - autonomy, non-maleficence, beneficence and justice - have been extremely influential in the field of medical ethics, and are fundamental for understanding the current approach to ethical assessment in health care. This study tests whether these principles can be quantitatively measured on an individual level, and then subsequently if they are used in the decision making process when individuals are faced with ethical dilemmas. Methods The Analytic Hierarchy Process was used as a tool for the measurement of the principles. Four scenarios, which involved conflicts between the medical ethical principles, were presented to participants who then made judgments about the ethicality of the action in the scenario, and their intentions to act in the same manner if they were in the situation. Results Individual preferences for these medical ethical principles can be measured using the Analytic Hierarchy Process. This technique provides a useful tool in which to highlight individual medical ethical values. On average, individuals have a significant preference for non-maleficence over the other principles, however, and perhaps counter-intuitively, this preference does not seem to relate to applied ethical judgements in specific ethical dilemmas. Conclusions People state they value these medical ethical principles but they do not actually seem to use them directly in the decision making process. The reasons for this are explained through the lack of a behavioural model to account for the relevant situational factors not captured by the principles. The limitations of the principles in predicting ethical decision making are discussed. PMID:22606995

Towards beneficence for young children in research: challenges for bioethics committees.

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Farrell, Ann

2010-09-01

Bioethics committees are the focus of international scrutiny, particularly in relation to their application of the principle of beneficence, ensuring that risks incurred in research are outweighed by benefits to those involved directly and to the broader society. Beneficence, in turn, has become an international focus in research with young children, who hitherto had been rarely seen or heard in their own right in research. Twenty years ago, The United Nations Convention on the Rights of the Child 1989 raised global awareness of children's human rights to both participation and protection, and articulation of children's rights came to inform understandings of young children's rights in research. In the intervening period, countries such as Australia came to favour child protection and risk minimisation in research over the notion of children's bone fide participation in research. A key element of the protection regime was the theoretical understanding of young children as developmentally unable and, therefore, unfit to understand, consent to and fully participate as research participants. This understanding has been challenged in recent decades by new theoretical understandings of children's competence, where children can be seen to demonstrate competence, even at an early age, in consenting to, participating in and withdrawing from research. The paper draws on these understandings to provide insights for human research gatekeepers, such as bioethics committees, to deal with the challenges of research with young children and to realize the benefits that may accrue to children in research.

Bioethical Considerations of Advancing the Application of Marine Biotechnology and Aquaculture.

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Harrell, Reginal M

2017-06-24

Normative ethical considerations of growth of the marine biotechnology and aquaculture disciplines in biopharming, food production, and marine products commercialization from a bioethical perspective have been limited. This paucity of information begs the question of what constitutes a bioethical approach (i.e., respect for individuals or autonomy; beneficence, nonmaleficence, and justice) to marine biotechnology and aquaculture, and whether it is one that is appropriate for consideration. Currently, thoughtful discussion on the bioethical implications of use, development, and commercialization of marine organisms or their products, as well as potential environmental effects, defaults to human biomedicine as a model. One must question the validity of using human bioethical principlism moral norms for appropriating a responsible marine biotechnology and aquaculture ethic. When considering potential impacts within these disciplines, deference must be given to differing value systems in order to find common ground to advance knowledge and avoid emotive impasses that can hinder the science and its application. The import of bioethical considerations when conducting research and/or production is discussed. This discussion is directed toward applying bioethical principles toward technology used for food, biomedical development (e.g., biopharming), or as model species for advancement of knowledge for human diseases.

Hard times, hard choices: founding bioethics today.

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Gracia, Diego

1995-07-01

The discussions of these past twenty years have significantly improved our knowledge about the foundation of bioethics and the meaning of the four bioethical principles with concern to at least three different points: that they are organised hierarchically, and therefore not "prima facie" of the same level; that they have exceptions, and consequently lack of absolute character; and that they are neither strictly deontological nor purely teleological. The only absolute principle of moral life can be the abstract and unconcrete respect of human beings. But when determining the material content of this respect, principles become contingent and relative. Therefore, moral reasoning must have necessarily no less than three moments, one absolute but merely formal, namely respect for all human beings, and the other two relative and material. The first material moment is comprised of the four bioethical principles, divided into two levels, one private, including the principles of autonomy and beneficence, and the other one public, including those of nonmaleficence and justice. The second material moment deals with specific cases, and requires analysis of their context, including their circumstances and consequences. Only when following these steps, and therefore balancing principlism and contextualism, can moral reasoning be correct and complete.

Bioethical Considerations of Advancing the Application of Marine Biotechnology and Aquaculture

Directory of Open Access Journals (Sweden)

Reginal M. Harrell

2017-06-01

Full Text Available Normative ethical considerations of growth of the marine biotechnology and aquaculture disciplines in biopharming, food production, and marine products commercialization from a bioethical perspective have been limited. This paucity of information begs the question of what constitutes a bioethical approach (i.e., respect for individuals or autonomy; beneficence, nonmaleficence, and justice to marine biotechnology and aquaculture, and whether it is one that is appropriate for consideration. Currently, thoughtful discussion on the bioethical implications of use, development, and commercialization of marine organisms or their products, as well as potential environmental effects, defaults to human biomedicine as a model. One must question the validity of using human bioethical principlism moral norms for appropriating a responsible marine biotechnology and aquaculture ethic. When considering potential impacts within these disciplines, deference must be given to differing value systems in order to find common ground to advance knowledge and avoid emotive impasses that can hinder the science and its application. The import of bioethical considerations when conducting research and/or production is discussed. This discussion is directed toward applying bioethical principles toward technology used for food, biomedical development (e.g., biopharming, or as model species for advancement of knowledge for human diseases.

Colonialism, Biko and AIDS: reflections on the principle of beneficence in South African medical ethics.

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Braude, Hillel David

2009-06-01

This paper examines the principle of beneficence in the light of moral and epistemological concerns that have crystallized in the South African context around clinical care. Three examples from the South African experience affecting the development of bioethics are examined: medical colonialism, the death in detention of Steve Biko, and the HIV/AIDS epidemic. Michael Gelfand's book [(1948). The sick African: a clinical study. Cape Town: Stewart Printing Company.] on African medical conditions captures the ambiguous nature of colonial medicine that linked genuine medical treatment with the civilizing mission. Biko's death was a key historical event that deeply implicated the medical profession under apartheid. The present HIV/AIDS epidemic presents the gravest social and political crisis for South African society. All three experiences influence the meaning and relevance of beneficence as a bioethics principle in the South African context. This paper argues for a South African bioethics informed by a critical humanism that takes account of the colonial past, and that does not model itself on an "original wound" or negation, but on positive care-giving practices.

Procreative Beneficence, Intelligence, and the Optimization Problem.

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Saunders, Ben

2015-12-01

According to the Principle of Procreative Beneficence, reproducers should choose the child, of those available to them, expected to have the best life. Savulescu argues reproducers are therefore morally obligated to select for nondisease traits, such as intelligence. Carter and Gordon recently challenged this implication, arguing that Savulescu fails to establish that intelligence promotes well-being. This paper develops two responses. First, I argue that higher intelligence is likely to contribute to well-being on most plausible accounts. Second, I argue that, even if it does not, one can only resist the conclusion that reproducers should select on the basis of intelligence if its expected net effect is neutral. If intelligence reduces expected well-being, then reproducers should select offspring of low intelligence. More likely, the effect of increased intelligence on expected well-being varies at different levels, which makes identifying an optimum for well-being more complex than hitherto appreciated. © The Author 2015. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Sharing Research Findings with Research Participants and Communities

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LE Ferris

2011-06-01

Full Text Available In occupational and environmental health research, individual, group and community research participants have a unique and vested interest in the research findings. The ethical principles of autonomy, non-maleficence and beneficence are helpful in considering the ethical issues in the disclosure of research findings in occupational and environmental health research. Researchers need to include stakeholders, such as groups and communities, in these discussions and in planning for the dissemination of research findings. These discussions need to occur early in the research process.

Just health care (II): Is equality too much?

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Fleck, L M

1989-12-01

In a previous essay I criticized Engelhardt's libertarian conception of justice, which grounds the view that society's obligation to assure access to adequate health care for all is a matter of beneficence. Beneficence fails to capture the moral stringency associated with many claims for access to health care. In the present paper I argue that these claims are really matters of justice proper, where justice is conceived along moderate egalitarian lines, such as those suggested by Rawls and Daniels, rather than strong egalitarian lines. Further, given the empirical complexity associated with the distribution of contemporary health care, I argue that what we really need to address the relevant policy issues adequately is a theory of health care justice, as opposed to an all-purpose conception of justice. Daniels has made an important start toward that goal, though there are some large policy areas which I discuss that his account of health care justice does not really speak to. Finally, practical matters of health care justice really need to be addressed in a 'non-ideal' mode, a framework in which philosophers have done little.

Implementing shared decision making in routine mental health care.

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Slade, Mike

2017-06-01

Shared decision making (SDM) in mental health care involves clinicians and patients working together to make decisions. The key elements of SDM have been identified, decision support tools have been developed, and SDM has been recommended in mental health at policy level. Yet implementation remains limited. Two justifications are typically advanced in support of SDM. The clinical justification is that SDM leads to improved outcome, yet the available empirical evidence base is inconclusive. The ethical justification is that SDM is a right, but clinicians need to balance the biomedical ethical principles of autonomy and justice with beneficence and non-maleficence. It is argued that SDM is "polyvalent", a sociological concept which describes an idea commanding superficial but not deep agreement between disparate stakeholders. Implementing SDM in routine mental health services is as much a cultural as a technical problem. Three challenges are identified: creating widespread access to high-quality decision support tools; integrating SDM with other recovery-supporting interventions; and responding to cultural changes as patients develop the normal expectations of citizenship. Two approaches which may inform responses in the mental health system to these cultural changes - social marketing and the hospitality industry - are identified. © 2017 World Psychiatric Association.

The anthropological approach challenges the conventional approach to bioethical dilemmas: a Kenyan Maasai perspective.

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Sharif, Thikra; Bugo, John

2015-06-01

The cultural background, religion and societal norms have a huge influence on the decision making process for physicians, patients and their families, when faced with medical ethical dilemmas. While the medical professionals, through their training, can rely on the principles of autonomy, justice, beneficence and non-maleficence to guide them, the patients can only draw from their personal and cultural experiences. To explore some of the challenges that face physicians when presented with ethical dilemmas. A review of the literature on the principles of medical ethics and the cultural practices of the Maasai tribe, as well as, interview, interaction and observation of the patients and family during patient. management. In the Maasai community in Kenya, where family is the center of all attention and decision-making, the listed ethical principles and rules have a very different understanding of the self-determination, and autonomy becomes collective rather than individualistic. Medical practitioners when faced with ethical medical dilemmas are neither comfortable in adopting the conventional bioethical guidelines, nor in offering a health care purely based on cultural and historical practice. In our set up, developing culturally relevant principles of bioethics appears to be the most effective solution in addressing medical ethical dilemmas.

Trauma patients' rights during resuscitation

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J.C. Bruce

2000-09-01

Full Text Available Doctors and nurses working in hospital emergency departments face ethical and moral conflicts more so than in other health care units. Traditional curricular approaches to health professional education have been embedded in a discriminatory societal context and as such have not prepared health professionals adequately for the ethical realities of their practice. Furthermore, the discourse on ethical theories and ethical principles do not provide clear-cut solutions to ethical dilemmas but rather serve as a guide to ethical decision- making. Within the arena of trauma and resuscitation, fundamental ethical principles such as respect for autonomy, beneficence, non-maleficence and justice cannot be taken as absolutes as these may in themselves create moral conflict. Resuscitation room activities require a balance between what is “ ethically" correct and what is “pragmatically required” . Because of the urgent nature of a resuscitation event, this balance is often under threat, with resultant transgression of patients’ rights. This article explores the sources of ethical and moral issues in trauma care and proposes a culture of human rights to provide a context for preserving and protecting trauma patients’ rights during resuscitation. Recommendations for education and research are alluded to in concluding the article.

Teaching seven principles for public health ethics: towards a curriculum for a short course on ethics in public health programmes.

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Schröder-Bäck, Peter; Duncan, Peter; Sherlaw, William; Brall, Caroline; Czabanowska, Katarzyna

2014-10-07

Teaching ethics in public health programmes is not routine everywhere - at least not in most schools of public health in the European region. Yet empirical evidence shows that schools of public health are more and more interested in the integration of ethics in their curricula, since public health professionals often have to face difficult ethical decisions. The authors have developed and practiced an approach to how ethics can be taught even in crowded curricula, requiring five to eight hours of teaching and learning contact time. In this way, if programme curricula do not allow more time for ethics, students of public health can at least be sensitised to ethics and ethical argumentation. This approach - focusing on the application of seven mid-level principles to cases (non-maleficence, beneficence, health maximisation, efficiency, respect for autonomy, justice, proportionality) - is presented in this paper. Easy to use 'tools' applying ethics to public health are presented. The crowded nature of the public health curriculum, and the nature of students participating in it, required us to devise and develop a short course, and to use techniques that were likely to provide a relatively efficient introduction to the processes, content and methods involved in the field of ethics.

[Construction and validation of the "La Salle Instrument" to evaluate the ethical aspects in biomedical research on human beings].

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Valdivia-Gómez, Gilberto Guzmán; Velasco-Jiménez, María Teresa; Domínguez-González, Alejandro; Meneses-Ruíz, Dulce María; Padilla-García, Raúl Amauri

2017-01-01

Research projects must demonstrate not only a rigorous scientific methodology, but also the ethical aspects that require profound reflection of the reviewers. Current regulations establish criteria for research projects on human health, but many of these aspects are subjective. How can the evaluation of such projects be standardized? This is the main subject of the current project. This project comprises two phases. First, the design and construction of an instrument of evaluation based on the fundamental principles of bioethics, which are autonomy, beneficence, non-maleficence, and justice, and other aspects. The second phase consists of content validation through expert. During the phase of reviewing the instrument, it was necessary to make changes by adding, removing, or changing the concepts or criteria, which lead to the construction of the second version of the format. This new instrument was reviewed and analyzed by using the AGREE II instrument, and this version was validated by experts by greater than 95%. There are some recommendations to analyze the ethical aspects in research protocols involving human subjects, but they define the concepts and criteria to be evaluated. By presenting the criteria to be evaluated individually, the "La Salle instrument" allows the evaluation to be more objective and standardized.

[Cost-conscious medical decisions. Normative guidance within the conflicting demands of ethics and economics].

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Marckmann, G; In der Schmitten, J

2014-05-01

Under the current conditions in the health care system, physicians inevitably have to take responsibility for the cost dimension of their decisions on the level of single cases. This article, therefore, discusses the question how physicians can integrate cost considerations into their clinical decisions at the microlevel in a medically rational and ethically justified way. We propose a four-step model for "ethical cost-consciousness": (1) forego ineffective interventions as required by good evidence-based medicine, (2) respect individual patient preferences, (3) minimize the diagnostic and therapeutic effort to achieve a certain treatment goal, and (4) forego expensive interventions that have only a small or unlikely (net) benefit for the patient. Steps 1-3 are ethically justified by the principles of beneficence, nonmaleficence, and respect for autonomy, step 4 by the principles of justice. For decisions on step 4, explicit cost-conscious guidelines should be developed locally or regionally. Following the four-step model can contribute to ethically defensible, cost-conscious decision-making at the microlevel. In addition, physicians' rationing decisions should meet basic standards of procedural fairness. Regular cost-case discussions and clinical ethics consultation should be available as decision support. Implementing step 4, however, requires first of all a clear political legitimation with the corresponding legal framework.

Ethical issues in research.

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Artal, Raul; Rubenfeld, Sheldon

2017-08-01

Biomedical research is currently guided by ethical standards that have evolved over many centuries. Historical and political events, social and legal considerations, and continuous medical and technological advances have led to the prevailing research ethics and practice. Currently, patients and research subjects have complete autonomy while under medical care or when volunteering as research subjects. Enrolling volunteers in human subjects research includes a detailed and meaningful informed consent process that follows the cardinal principles of ethics: autonomy, beneficence, nonmaleficence, and justice. These principles were gradually adopted after World War II, primarily in response to the unethical behavior of German physicians and scientists during the Third Reich. This review emphasizes the importance of historical milestones and the essential role that ethics has in contemporary medical research. Research protocols should achieve maximum benefits for the society, have clinical and scientific value, be subject to independent review, respect human dignity, and follow the principles of informed consent, and most importantly, subjects should have complete autonomy. However, current principles and regulations cannot cover every conceivable situation, particularly in view of the new advances in science and technology. New and evolving medical technology, genetic research, therapeutic interventions, and innovations challenge society to maintain the highest moral and ethical principles. Copyright © 2017. Published by Elsevier Ltd.

Nudging in screening: Literature review and ethical guidance.

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Hofmann, Bjørn; Stanak, Michal

2018-03-27

Nudging is the purposeful alteration of choices presented to people that aims to make them choose in predicted ways. While nudging has been used to assure high uptake and good outcome of screening programs, it has been criticized for being paternalistic, undermining free choice, and shared decision making. Accordingly, the objective of this study is to explore a) nudging strategies identified in screening, b) arguments for and against nudging; and on basis of this, to c) suggest a tentative conclusion on how to handle nudging in screening. Literature searches in Ovid MEDLINE and PsycINFO for combinations of screening and nudging. Screening based on content analysis of titles, abstracts, and articles. 239 references were identified and 109 were included. Several forms of nudging were identified: framed information, default bias, or authority bias. Uptake and public health outcome were the most important goals. Arguments for nudging were bounded rationality, unavoidability, and beneficence, while lack of transparency, crowding out of intrinsic values, and paternalism were arguments against it. The analysis indicates that nudging can be acceptable for screenings with (high quality) evidence for high benefit-harm ratio (beneficence), where nudging does not infringe other ethical principles, such as justice and non-maleficence. In particular, nudging should not only focus on attendance rates, but also on making people "better choosers." Four specific recommendations follow from the review and the analysis: 1) Nudging should be addressed in an explicit and transparent manner. 2) The means of nudging have to be in proportion to the benefit-harm ratio. 3) Disagreement on the evidence for either benefits or harms warrants special care. 4) Assessing and assuring the intended outcome of nudging appears to be crucial, as it can be context dependent. Copyright © 2018 Elsevier B.V. All rights reserved.

How do clinicians practise the principles of beneficence when deciding to allow or deny family presence during resuscitation?

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Giles, Tracey; de Lacey, Sheryl; Muir-Cochrane, Eimear

2018-03-01

To examine how clinicians practise the principles of beneficence when deciding to allow or deny family presence during resuscitation. Family presence during resuscitation has important benefits for family and is supported by professional bodies and the public. Yet, many clinicians restrict family access to patients during resuscitation, and rationales for decision-making are unclear. Secondary analysis of an existing qualitative data set using deductive category application of content analysis. We analysed 20 interview transcripts from 15 registered nurses, two doctors and three paramedics who had experienced family presence during resuscitation in an Australian hospital. The transcripts were analysed for incidents of beneficent decision-making when allowing or denying family presence during resuscitation. Decision-making around family presence during resuscitation occurred in time poor environments and in the absence of local institutional guidelines. Clinicians appeared to be motivated by doing "what's best" for patients and families when allowing or denying family presence during resuscitation. However, their individual interpretations of "what's best" was subjective and did not always coincide with family preferences or with current evidence that promotes family presence during resuscitation as beneficial. The decision to allow or deny family presence during resuscitation is complex, and often impacted by personal preferences and beliefs, setting norms and tensions between clinicians and consumers. As a result, many families are missing the chance to be with their loved ones at the end of life. The introduction of institutional guidelines and policies would help to establish what safe and effective practice consists of, reduce value-laden decision-making and guide beneficent decision-making. These findings highlight current deficits in decision-making around FPDR and could prompt the introduction of clinical guidelines and policies and in turn promote the

Ethical aspects of limiting residents' work hours.

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Wiesing, Urban

2007-09-01

The regulation of residents' work hours involves several ethical conflicts which need to be systematically analysed and evaluated. ARGUMENTS AND CONCLUSION: The most important ethical principle when regulating work hours is to avoid the harm resulting from the over-work of physicians and from an excessive division of labour. Additionally, other ethical principles have to be taken into account, in particular the principles of nonmaleficence and beneficence for future patients and for physicians. The article presents arguments for balancing the relevant ethical principles and analyses the structural difficulties that occur unavoidably in any regulation of the complex activities of physicians.

Percutaneous Endoscopic Gastrostomy in the Enteral Feeding of the Elderly

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Huan-Lin Chen

2011-09-01

Full Text Available Today we are faced with an aging society that may develop malnutrition because of dysphagia related to dementia, stroke, and malignancy seen often in the elderly. The preferred form of nutritional supplementation for this group is enteral nutrition, and the most appropriate long-term method is by use of a gastrostomy. Percutaneous endoscopic gastrostomy (PEG was first introduced in 1980 as an alternative to the traditional operative procedure and rapidly became the preferred procedure. In geriatric patients, the principal indications are neurological dysphagia and malnutrition, related to an underlying disease or anorexia-cachexia in very elderly. PEG is contraindicated in the presence of respiratory distress, previous gastric resection, total esophageal obstruction, coagulation disorders and sepsis in the elderly. Common complications include wound infection, leakage, hemorrhage, and fistula in the general population, but aspiration pneumonia is the major case of death in this group. Risks and complications of PEG must be discussed with patients and their families; and the decision for percutaneous endoscopic gastrostomy insertion should only be made after careful consideration and discussion between managing physicians, allied health professionals, and the patient and/or family. Four ethical principles may help make feeding decisions: beneficence, non-maleficence, autonomy and justice. Attentive long-term care after tube replacement is mandatory. Acceptance of percutaneous endoscopic gastrostomy placement by patients and their families tends to increase once favorable outcomes are offered.

[Re]considering Respect for Persons in a Globalizing World.

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Padela, Aasim I; Malik, Aisha Y; Curlin, Farr; De Vries, Raymond

2015-08-01

Contemporary clinical ethics was founded on principlism, and the four principles: respect for autonomy, nonmaleficence, beneficence and justice, remain dominant in medical ethics discourse and practice. These principles are held to be expansive enough to provide the basis for the ethical practice of medicine across cultures. Although principlism remains subject to critique and revision, the four-principle model continues to be taught and applied across the world. As the practice of medicine globalizes, it remains critical to examine the extent to which both the four-principle framework, and individual principles among the four, suffice patients and practitioners in different social and cultural contexts. Using the four-principle model we analyze two accounts of surrogate decision making - one from the developed and one from the developing world - in which the clinician undertakes medical decision-making with apparently little input from the patient and/or family. The purpose of this analysis is to highlight challenges in assessing ethical behaviour according to the principlist model. We next describe cultural expectations and mores that inform both patient and clinician behaviors in these scenarios in order to argue that the principle of respect for persons informed by culture-specific ideas of personhood may offer an improved ethical construct for analyzing and guiding medical practice in a globalized and plural world. © 2014 John Wiley & Sons Ltd.

Definition of Terms Used in Limitation of Treatment and Providing Palliative Care at the End of Life: The Indian Council of Medical Research Commission Report

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Salins, Naveen; Gursahani, Roop; Mathur, Roli; Iyer, Shivakumar; Macaden, Stanley; Simha, Nagesh; Mani, Raj Kumar; Rajagopal, M. R.

2018-01-01

Background: Indian hospitals, in general, lack policies on the limitation of inappropriate life-sustaining interventions at the end of life. To facilitate discussion, preparation of guidelines and framing of laws, terminologies relating to the treatment limitation, and providing palliative care at the end-of-life care (EOLC) need to be defined and brought up to date. Methodology: This consensus document on terminologies and definitions of terminologies was prepared under the aegis of the Indian Council of Medical Research. The consensus statement was created using Nominal Group and Delphi Method. Results: Twenty-five definitions related to the limitations of treatment and providing palliative care at the end of life were created by reviewing existing international documents and suitably modifying it to the Indian sociocultural context by achieving national consensus. Twenty-five terminologies defined within the scope of this document are (1) terminal illness, (2) actively dying, (3) life-sustaining treatment, (4) potentially inappropriate treatment, (5) cardiopulmonary resuscitation (CPR), (6) do not attempt CPR, (7) withholding life-sustaining treatment, (8) withdrawing life-sustaining treatment, (9) euthanasia (10) active shortening of the dying process, (11) physician-assisted suicide, (12) palliative care, (13) EOLC, (14) palliative sedation, (15) double effect, (16) death, (17) best interests, (18) health-care decision-making capacity, (19) shared decision-making, (20) advance directives, (21) surrogates, (22) autonomy, (23) beneficence, (24) nonmaleficence, and (25) justice.

Core ethical values of radiological protection applied to Fukushima case: reflecting common morality and cultural diversities.

Science.gov (United States)

Kurihara, Chieko; Cho, Kunwoo; Toohey, Richard E

2016-12-01

The International Commission on Radiological Protection (ICRP) has established Task Group 94 (TG94) to develop a publication to clarify the ethical foundations of the radiological protection system it recommends. This TG identified four core ethical values which structure the system: beneficence and non-maleficence, prudence, justice, and dignity. Since the ICRP is an international organization, its recommendations and guidance should be globally applicable and acceptable. Therefore, first this paper presents the basic principles of the ICRP radiological protection system and its core ethical values, along with a reflection on the variation of these values in Western and Eastern cultural traditions. Secondly, this paper reflects upon how these values can be applied in difficult ethical dilemmas as in the case of the emergency and post-accident phases of a nuclear power plant accident, using the Fukushima case to illustrate the challenges at stake. We found that the core ethical values underlying the ICRP system of radiological protection seem to be quite common throughout the world, although there are some variations among various cultural contexts. Especially we found that 'prudence' would call for somewhat different implementation in each cultural context, balancing and integrating sometime conflicting values, but always with objectives to achieve the well-being of people, which is itself the ultimate aim of the radiological protection system.

[Bioethical analysis of the Brazilian Dentistry Code of Ethics].

Science.gov (United States)

Pyrrho, Monique; do Prado, Mauro Machado; Cordón, Jorge; Garrafa, Volnei

2009-01-01

The Brazilian Dentistry Code of Ethics (DCE), Resolution CFO-71 from May 2006, is an instrument created to guide dentists' behavior in relation to the ethical aspects of professional practice. The purpose of the study is to analyze the above mentioned code comparing the deontological and bioethical focuses. In order to do so, an interpretative analysis of the code and of twelve selected texts was made. Six of the texts were about bioethics and six on deontology, and the analysis was made through the methodological classification of the context units, textual paragraphs and items from the code in the following categories: the referentials of bioethical principlism--autonomy, beneficence, nonmaleficence and justice -, technical aspects and moral virtues related to the profession. Together the four principles represented 22.9%, 39.8% and 54.2% of the content of the DCE, of the deontological texts and of the bioethical texts respectively. In the DCE, 42% of the items referred to virtues, 40.2% were associated to technical aspects and just 22.9% referred to principles. The virtues related to the professionals and the technical aspects together amounted to 70.1% of the code. Instead of focusing on the patient as the subject of the process of oral health care, the DCE focuses on the professional, and it is predominantly turned to legalistic and corporate aspects.

Ethical issues in genetic counselling with special reference to haemoglobinopathies.

Science.gov (United States)

Muthuswamy, Vasantha

2011-10-01

Genetic counselling is provided in places where genetic tests are carried out. The process involves pre-test counselling as well as post-test counselling to enable the individuals to face the situation and take appropriate decisions with the right frame of mind. Major ethical principles which govern the attitudes and actions of counsellors include: respect for patient autonomy, non-maleficence, beneficence, or taking action to help benefit others and prevent harm, both physical and mental, and justice, which requires that services be distributed fairly to those in need. Other moral issues include veracity, the duty to disclose information or to be truthful, and respect for patient confidentiality. Nondirective counselling, a hallmark of this profession, is in accordance with the principle of individual autonomy. High prevalence of haemoglobinopathies with availability of good and sensitive carrier detection tests and prenatal diagnostic techniques makes these good candidates for population screening of carriers along with genetic counselling for primary prevention of the disease. Screening of the extended family members of the affected child, high risk communities and general population screening including antenatal women are the main target groups for planning a Haemoglobinopathy control programme. A critical mass of trained genetic counsellors who have understanding of the ethical issues and its appropriate handling with the required sensitivity is needed in India.

Dual agency and ethics conflicts in correctional practice: sources and solutions.

Science.gov (United States)

Cervantes, Ana Natasha; Hanson, Annette

2013-01-01

Psychiatrists working in corrections, particularly in areas that have a shortage of forensic practitioners, may encounter a variety of ethics-related conflicts, especially when working both as clinicians and forensic evaluators within smaller systems. Such conflicts may include unavoidable dual treating and forensic evaluator relationships, and awareness of information that may complicate patient treatment or influence forensic opinions. Additional conflicts may arise if the psychiatrist is also retained privately to conduct forensic evaluations involving inmates in the same facility or facilities where the psychiatrist is otherwise employed, specifically because he may have duties to both a retaining party and an employer. Early-career psychiatrists, those who are completing their training in forensic psychiatry, and general psychiatrists who practice in corrections may be unfamiliar with the ethics-related dilemmas that arise in jails or prisons. Ethics courses during medical school and residency, while required, rarely discuss dilemmas specific to correctional settings. Furthermore, many psychiatrists practicing in corrections do not undergo formal training in forensic psychiatry, and even among different fellowship programs, the amount of time devoted to corrections varies significantly. The authors discuss hypothetical cases that reflect situations encountered, particularly by psychiatric fellows, forensic psychiatrists new to correctional work, and nonforensic clinicians working in corrections, a setting where dual agency is common and at times in conflict with core principles of ethics, including beneficence, nonmaleficence, neutrality, objectivity, and justice.

Ethical issues in healthcare financing.

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Maharaj, S R; Paul, T J

2011-07-01

The four goals of good healthcare are to relieve symptoms, cure disease, prolong life and improve quality of life. Access to healthcare has been a perpetual challenge to healthcare providers who must take into account important factors such as equity, efficiency and effectiveness in designing healthcare systems to meet the four goals of good healthcare. The underlying philosophy may designate health as being a basic human right, an investment, a commodity to be bought and sold, a political demand or an expenditure. The design, policies and operational arrangements will usually reflect which of the above philosophies underpin the healthcare system, and consequently, access. Mechanisms for funding include fee-for-service, cost sharing (insurance, either private or government sponsored) free-of-fee at point of delivery (payments being made through general taxes, health levies, etc) or cost-recovery. For each of these methods of financial access to healthcare services, there are ethical issues which can compromise the four principles of ethical practices in healthcare, viz beneficence, non-maleficence, autonomy and justice. In times of economic recession, providing adequate healthcare will require governments, with support from external agencies, to focus on poverty reduction strategies through provision of preventive services such as immunization and nutrition, delivered at primary care facilities. To maximize the effect of such policies, it will be necessary to integrate policies to fashion an intersectoral approach.

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

NARCIS (Netherlands)

Lamont, Christopher; Pannwitz, Hannah

2016-01-01

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

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

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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

Transitional Justice

DEFF Research Database (Denmark)

Gissel, Line Engbo

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

On the partiality of procreative beneficence: a critical note.

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Petersen, Thomas Søbirk

2015-09-01

The aim of this paper is to criticise the well-discussed principle of Procreative Beneficence (PB) lately refined by Julian Savulescu and Guy Kahane. First, it is argued that advocates of PB leave us with an implausible justification for the moral partiality towards the child (or children) which reproducers decide to bring into existence as compared with all other individuals. This is implausible because the reasons given in favour of the partiality of PB, which are based on practical reason and common-sense morality, can just as well be used to guide reproducers to make choices that do not support partiality towards one's possible children. This seems to be true as least in some situations. Second, it is argued that Jakob Elster's recent critique of PB is problematic and specifically that a counterexample designed by Elster to criticise PB because of its partiality towards one's own children misses the target. Finally, a genuine counterexample to PB is developed in order to show that the partiality of PB leads to the wrong answer in a specific case. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Stealth Disasters and Geoethics

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Kieffer, Susan W.

2013-04-01

Natural processes of the earth unleash energy in ways that are sometimes harmful or, at best, inconvenient, for humans: earthquakes, volcanic eruptions, hurricanes, landslides, floods. Ignoring the biological component of the geosphere, we have historically called such events "natural disasters." They are typically characterized by a sudden onset and relatively immediate consequences. There are many historical examples and our human societies have evolved various ways of coping with them logistically, economically, and psychologically. Preparation, co-existence, recovery, and remediation are possible, at least to some extent, even in the largest of events. Geoethical questions exist in each stage, but the limited local extent of these disasters allows the possibility of discussion and resolution. There are other disasters that involve the natural systems that support us. Rather than being driven primarily by natural non-biological processes, these are driven by human behavior. Examples are climate change, desertification, acidification of the oceans, and compaction and erosion of fertile soils. They typically have more gradual onsets than natural disasters and, because of this, I refer to these as "stealth disasters." Although they are unfolding unnoticed or ignored by many, they are having near-term consequences. At a global scale they are new to human experience. Our efforts at preparation, co-existence, recovery, and remediation lag far behind those that we have in place for natural disasters. Furthermore, these four stages in stealth disaster situations involve many ethical questions that typically must be solved in the context of much larger cultural and social differences than encountered in natural disaster settings. Four core ethical principles may provide guidelines—autonomy, non-maleficence, beneficence, and justice (e.g., Jamais Cascio). Geoscientists can contribute to the solutions in many ways. We can work to ensure that as people take responsibility

Plato’s Atlantis Story: A Prose Hymn to Athena

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Tom Garvey

2010-11-01

Full Text Available By introducing the Atlantis narrative as praise of Athena, stressing the ritual occasion, and altering elements of Athenian myth, Plato seeks to demonstrate the justice and beneficence of the gods.

Response to LiPuma and DeMarco’s Article on “Hastening Death”

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Julia Zenz

2017-05-01

Full Text Available The paper “Palliative care and patient autonomy: moving beyond prohibitions against hastening death” by LiPuma and DeMarco deals with an aspect of end of life care which is the source of considerable disagreement. It is important to emphasize that autonomy is not the unique feature for end of life care. There is always a medical and ethical commitment to care, i.e. beneficence and nonmaleficence. All of these aspects have to be taken into account when treating patients at the very end of life. There is considerable scientific proof indicating that most patients and families can experience a death in dignity when being cared for in palliative care or hospice units.

Ethical considerations of transparency, informed consent, and nudging in a patient with paediatric aortic stenosis and symptomatic left ventricular endocardial fibroelastosis.

Science.gov (United States)

Mavroudis, Constantine D; Cook, Thomas; Jacobs, Jeffrey P; Mavroudis, Constantine

2016-12-01

A 9-year-old boy who was born with bicuspid aortic stenosis underwent two unsuccessful aortic valvuloplasty interventions, and by 2 years of age he developed restrictive cardiomyopathy caused by left ventricular endocardial fibroelastosis and diastolic dysfunction. The attending cardiologist referred the patient to a high-volume, high-profile congenital cardiac surgical programme 1000 miles away that has a team with considerable experience with left ventricular endocardial fibroelastosis resection and a reputation of achieving good results. Owing to problems with insurance coverage, the parents sought other options for the care of their child in their home state. Dr George Miller is a well-respected local congenital and paediatric cardiac surgeon with considerable experience with the Ross operation as well as with right ventricular endocardial fibroelastosis resection. When talking with Dr Miller, he implied that there is little difference between right ventricular endocardial fibroelastosis and left ventricular endocardial fibroelastosis resection, and stated that he would perform the operation with low mortality based on his overall experience. Dr Miller stated that the local institution could provide an equivalent surgical procedure with comparable outcomes, without the patient and family having to travel out of state. A fundamental dilemma that often arises in clinical surgical practice concerns the conduct of assessing and performing new procedures, especially in rare cases, for which the collective global experience is scant. Although Dr Miller has performed right ventricular endocardial fibroelastosis resection, this procedure differs from left ventricular endocardial fibroelastosis resection, and he cannot be sure that he will indeed be able to perform the procedure better than the high-volume surgeon. This ethical situation is best understood in terms of the principles of respect for patient autonomy, beneficence, non-maleficence, and justice. The tension

Applying bioethical principles to human biomonitoring

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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.

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.

Beyond the principles of bioethics: facing the consequences of fundamental moral disagreement

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H. Tristram Engelhardt

2012-08-01

Full Text Available http://dx.doi.org/10.5007/1677-2954.2012v11n1p13   Given intractable secular moral pluralism, the force and significance of the four principles (autonomy, beneficence, non-maleficence, and justice of Tom Beauchamp and James Childress must be critically re-considered. This essay examines the history of the articulation of these four principles of bioethics, showing why initially there was an illusion of a common morality that led many to hold that the principles could give guidance across cultures. But there is no one sense of the content or the theoretical justification of these principles. In addition, a wide range of secular moral and bioethical choices has been demoralized into lifestyle choices; the force of the secular moral point of view has also been deflated, thus compounding moral pluralism. It is the political generation of the principles that provides a common morality in the sense of an established morality. The principles are best understood as embedded not in a common morality, sensu stricto, but in that morality that is established at law and public policy in a particular polity. Although moral pluralism is substantive and intractable at the level of moral content, in a particular polity a particular morality and a particular bioethics can be established, regarding which health care ethics consultants can be experts. Public morality and bioethics are at their roots a political reality.

Family presence during resuscitation: A Canadian Critical Care Society position paper.

Science.gov (United States)

Oczkowski, Simon John Walsh; Mazzetti, Ian; Cupido, Cynthia; Fox-Robichaud, Alison E

2015-01-01

Recent evidence suggests that patient outcomes are not affected by the offering of family presence during resuscitation (FPDR), and that psychological outcomes are neutral or improved in family members of adult patients. The exclusion of family members from the resuscitation area should, therefore, be reassessed. The present Canadian Critical Care Society position paper is designed to help clinicians and institutions decide whether to incorporate FPDR as part of their routine clinical practice, and to offer strategies to implement FPDR successfully. The authors conducted a literature search of the perspectives of health care providers, patients and families on the topic of FPDR, and considered the relevant ethical values of beneficence, nonmaleficence, autonomy and justice in light of the clinical evidence for FPDR. They reviewed randomized controlled trials and observational studies of FPDR to determine strategies that have been used to screen family members, select appropriate chaperones and educate staff. FPDR is an ethically sound practice in Canada, and may be considered for the families of adult and pediatric patients in the hospital setting. Hospitals that choose to implement FPDR should develop transparent policies regarding which family members are to be offered the opportunity to be present during the resuscitation. Experienced chaperones should accompany and support family members in the resuscitation area. Intensive educational interventions and increasing experience with FPDR are associated with increased support for the practice from health care providers. FPDR should be considered to be an important component of patient and family-centred care.

Unpasteurized Shared Human Milk Use in Pediatric Inpatients: Health and Ethical Implications.

Science.gov (United States)

Barbas, Kimberly H; Sussman-Karten, Karen; Kamin, Daniel; Huh, Susanna Y

2017-06-01

Growing evidence supporting the health benefits of human milk, particularly in the preterm population, has led to rising demand for donor human milk in NICUs and pediatric hospitals. There are no previous reports describing the use of unpasteurized shared human milk (USHM) in the hospital setting, but the use of USHM solicited from community donors through social networks appears to be common. Many pediatric hospitals permit inpatients to receive breast milk that has been screened and pasteurized by a human milk banking organization and will provide pasteurized donor human milk (PDHM) only to infants who are preterm or have specific medical conditions. These policies are designed to minimize potential adverse effects from improperly handled or screened donor milk and to target patients who would experience the greatest benefit in health outcomes with donor milk use. We explore the ethical and health implications of 2 cases of medically complex infants who did not meet criteria in our tertiary care hospital for the use of PDHM from a regulated human milk bank and were incidentally found to be using USHM. These cases raise questions about how best to balance the ethical principles of beneficence, nonmaleficence, justice, and patient autonomy in the provision of PDHM, a limited resource. Health care staff should ask about USHM use to provide adequate counseling about the risks and benefits of various feeding options in the context of an infant's medical condition. Copyright © 2017 by the American Academy of Pediatrics.

Ethics of safety reporting of a clinical trial

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Amrita Sil

2017-01-01

Full Text Available Clinical trial related injury and serious adverse events (SAE are a major area of concern. In all such scenarios the investigator is responsible for medical care of the trial participant and also ethically bound to report the event to all the stakeholders of the clinical trial. The trial sponsor is responsible for ongoing safety evaluation of the investigational product, reporting and compensating the participant in case of any SAE. The Ethics Committee and regulatory body of the country are to uphold the ethical principles of beneficence, justice, non-maleficence in such cases. Any unwanted and noxious effect of a drug when used in recommended doses is an adverse drug reaction (ADR whereas if causal association is not yet established it is termed adverse event (AE. An AE or ADR that is associated with death, in-patient hospitalization, prolongation of hospitalization, persistent or significant disability or incapacity, a congenital anomaly, or is otherwise life threatening is termed as an SAE. The principal investigator reports the event to the licensing authority (DCGI, sponsor and Chairperson of the Ethics Committee (EC within 24 hours of occurrence of the SAE. This report is furthered by a detailed report by both the investigator and the EC and given to the DCGI who then gives a final decision on the amount of compensation to be given by the sponsor or the sponsor's representative to the grieving party.

Considerations for use of dental photography and electronic media in dental education and clinical practice.

Science.gov (United States)

Stieber, Jane C; Nelson, Travis; Huebner, Colleen E

2015-04-01

Photography and electronic media are indispensable tools for dental education and clinical practice. Although previous research has focused on privacy issues and general strategies to protect patient privacy when sharing clinical photographs for educational purposes, there are no published recommendations for developing a functional, privacy-compliant institutional framework for the capture, storage, transfer, and use of clinical photographs and other electronic media. The aims of this study were to research patient rights relating to electronic media and propose a framework for the use of patient media in education and clinical care. After a review of the relevant literature and consultation with the University of Washington's director of privacy and compliance and assistant attorney general, the researchers developed a privacy-compliant framework to ensure appropriate capture, storage, transfer, and use of clinical photography and electronic media. A four-part framework was created to guide the use of patient media that reflects considerations of patient autonomy and privacy, informed consent, capture and storage of media, and its transfer, use, and display. The best practices proposed for capture, storage, transfer, and use of clinical photographs and electronic media adhere to the health care code of ethics (based on patient autonomy, nonmaleficence, beneficence, justice, and veracity), which is most effectively upheld by a practical framework designed to protect patients and limit institutional liability. Educators have the opportunity and duty to convey these principles to students who will become the next generation of dentists, researchers, and educators.

Genetically Modified (GM) Foods and Ethical Eating.

Science.gov (United States)

Dizon, Francis; Costa, Sarah; Rock, Cheryl; Harris, Amanda; Husk, Cierra; Mei, Jenny

2016-02-01

The ability to manipulate and customize the genetic code of living organisms has brought forth the production of genetically modified organisms (GMOs) and consumption of genetically modified (GM) foods. The potential for GM foods to improve the efficiency of food production, increase customer satisfaction, and provide potential health benefits has contributed to the rapid incorporation of GM foods into the American diet. However, GM foods and GMOs are also a topic of ethical debate. The use of GM foods and GM technology is surrounded by ethical concerns and situational judgment, and should ideally adhere to the ethical standards placed upon food and nutrition professionals, such as: beneficence, nonmaleficence, justice and autonomy. The future of GM foods involves many aspects and trends, including enhanced nutritional value in foods, strict labeling laws, and potential beneficial economic conditions in developing nations. This paper briefly reviews the origin and background of GM foods, while delving thoroughly into 3 areas: (1) GMO labeling, (2) ethical concerns, and (3) health and industry applications. This paper also examines the relationship between the various applications of GM foods and their corresponding ethical issues. Ethical concerns were evaluated in the context of the code of ethics developed by the Academy of Nutrition and Dietetics (AND) that govern the work of food and nutrition professionals. Overall, there is a need to stay vigilant about the many ethical implications of producing and consuming GM foods and GMOs. © 2015 Institute of Food Technologists®

Sexuality in institutionalized elderly persons: a systematic review of argument-based ethics literature.

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Mahieu, Lieslot; Gastmans, Chris

2012-03-01

Admission to a nursing home might challenge the way in which individuals experience their own sexuality, but it does not automatically diminish their need and desire for sexual fulfillment. Despite the fact that sexuality proves to be an intrinsic part of human existence, the sexual expression of geriatric residents remains a sensitive subject for many caregivers and family members. It evokes a variety of ethical issues and concerns, especially when dementia patients are involved. The overall objective of this review was to examine the ethical arguments and concepts about the debate on sexuality within a nursing home environment. We conducted a systematic search for argument-based ethics literature focusing on sexuality in institutionalized elderly people. Twenty-five appropriate studies were identified. A thematic analysis of the included literature led us to distinguish two major groups of ethical arguments: (i) principles and (ii) care. Ethics arguments on sexuality in institutionalized elderly are particularly guided by the principle of respect for autonomy and the concomitant notion of informed consent. Arguments related to care were also apparent within the research literature although they received considerably less attention than the arguments related to the principles of respect for autonomy, beneficence, nonmaleficence and justice. The lack of clarity in the conceptualization of the arguments referred to in the research literature indicates that there is a pressing need for a better defined, more fundamental philosophical-ethical analysis of the values at stake.

A Framework for Ethics in Radiological Protection? Considerations from Elsewhere

International Nuclear Information System (INIS)

Boniolo, Giovanni

2013-01-01

The lecturer started by presenting the principles of biomedical ethics of autonomy, justice, non-maleficence and beneficence and the Ethical theories, taking into consideration the Ethics of Conduct (what sort of actions should be performed) by incorporating consequentialism and deontology and the Ethics of Character (what sort of people should we be?) which converges into Aristotelianism. Together with justification, optimization and limitation, another important aspect is the informed consent, in its three constituents of information, voluntarism and decisional capacity. The participation pact, with the ethical counselling, is suggested in view of a real patient empowerment, putting the patient at the heart of services. The presentation introduced the ACCE model process (Analytical validity, Clinical validity, Clinical utility, Ethical, legal and social implication), used for evaluating genetic tests and structured with a standard set of 44 targeted questions which address disorder, testing and clinical scenario, as well as associated ethical, legal and social issues, since an important 'byproduct' of this model is the identification of gaps in knowledge, which may help to define future agendas. As 'Innovation happens elsewhere' is often a reality and in any case a good point of reflection and view, a scheme similar to ACCE is tentatively proposed for RP, in biomedicine, by discussing the aspects of Analytical validity, Clinical validity, Clinical utility and Empowerment of the patient, together with the suggestion to address targeted questions concerning the aspects of importance in RP

The identification, management, and prevention of conflict with faculty and fellows: A practical ethical guide for department chairs and division chiefs.

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Chervenak, Frank A; McCullough, Laurence B

2007-12-01

The relationship between chairs and divisions chiefs with faculty colleagues in departments of obstetrics and gynecology has important but heretofore unexplored ethical dimensions. Based on the ethical concept of fiduciary responsibility and contractual obligations, this paper provides ethically justified practical guidance for academic physician leaders in the identification, management, and prevention of conflicts in their relationships with faculty colleagues. The framework is developed in contrast with the fiduciary-contractual dimensions of the physician-patient relationship and is articulated in terms of the ethical principles of beneficence, respect for autonomy, and justice. The distinctive nature of the academic physician leader-colleague relationship is that beneficence-based obligations and justice-based obligations to colleagues can often justifiably override autonomy-based obligations to colleagues, about which it is crucial for academic leaders to be transparent in making and implementing leadership decisions.

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

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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.

Retributive and restorative justice.

Science.gov (United States)

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

2008-10-01

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

Approaching Ethical Reasoning in Nursing Research through a Communitarian Perspective.

Science.gov (United States)

Dresden, Elissa; McElmurry, Beverly J.; McCreary, Linda L.

2003-01-01

Case studies depict dilemmas in nursing research involving protection of community rights and community informed consent. Outlines research guidelines derived from communitarian ethical frameworks that consider beneficence, justice, and respect for autonomy in the context of community. (Contains 58 references.) (SK)

Civilisation of Criminal Justice: Restorative Justice amongst other strategies

NARCIS (Netherlands)

J.R. Blad (John)

2013-01-01

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

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.

Contemporary Transitional Justice

DEFF Research Database (Denmark)

Gissel, Line Engbo

2017-01-01

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

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

OpenAIRE

Carlos Arturo Gómez Pavajeau

2016-01-01

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

Critical care in Malawi: The ethics of beneficence and justice

African Journals Online (AJOL)

2017-09-25

Sep 25, 2017 ... wards so that the sickest patients were closest to the nurses' stations. Reserving a section of a ward ... dialysis and regulated infusions of fluids and drugs. ICUs ... and balance competing values and interests while at the same.

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

Directory of Open Access Journals (Sweden)

Randy Pradityo

2016-11-01

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

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.

The anthropological approach challenges the conventional ...

African Journals Online (AJOL)

Background: The cultural background, religion and societal norms have a huge influence on the decision making process for physicians, patients and their families, when faced with medical ethical dilemmas. While the medical professionals, through their training, can rely on the principles of autonomy, justice, beneficence ...

Principle-based ethics and nurses' attitudes towards artificial feeding.

Science.gov (United States)

Day, L; Drought, T; Davis, A J

1995-02-01

Nurses often institute artificial feeding for patients who would otherwise starve. Recently, the courts in the United States have favoured withholding or withdrawing feedings from patients who currently refuse or previously gave some indication they would refuse artificial nutrition and hydration. This paper investigates under what circumstances nurses feel justified in withholding artificial nutrition and hydration. Structured interviews were conducted with 40 cancer care nurses from two sites, and 40 dementia care nurses from two sites. The interviews were based on two vignettes, one involving an alert patient with terminal cancer, the other a patient suffering end-stage Alzheimer's dementia, and were analysed for themes coinciding with principles of deontological ethics. Investigators found that autonomy, beneficence and non-maleficence most often guided nurses' decisions to withhold or implement artificial feeding.

Clinical empathy and narrative competence: the relevance of reading talmudic legends as literary fiction.

Science.gov (United States)

Davidson, John H

2015-04-01

The "curative potential" in almost any clinical setting depends on a caregiver establishing and maintaining an empathic connection with patients so as to achieve "narrative competence" in discerning and acting in accord with their preferences and best interests. The "narrative medicine" model of shared "close reading of literature and reflective writing" among clinicians as a means of fostering a capacity for clinical empathy has gained validation with recent empirical studies demonstrating the enhancement of theory of mind (ToM), broadly conceived as empathy, in readers of literary fiction. Talmudic legends, like that of Rabbi Judah's death, are under-appreciated, relevant sources of literary fiction for these efforts. The limitations of narrative medicine are readily counterbalanced by simultaneously practiced attention to traditional bioethical principles, including-especially-beneficence, non-maleficence, and autonomy.

Ethical challenges in the use of social service robots for elderly people.

Science.gov (United States)

Körtner, T

2016-06-01

Socially assistive robots are increasingly discussed as solutions in care and domestic use for the support of senior adults; however, this raises ethical questions which hitherto have not been considered or were not predictable. The most important questions are those of privacy and data protection, safety and responsibility as well as involvement of vulnerable persons and deception. Consequently, the ethical principles of nonmaleficence, beneficence, autonomy and fairness should be transposed to robotics. Clear answers and solutions are not yet available for every ethical challenge in robotics; however, the development of ethical guidelines for deployment of robots and research in the field of social service robots (SSR) are essential steps in order to embed ethics into dealing with socially assistive robots. This article provides some practical suggestions on this issue from a robotics project.

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

OpenAIRE

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

2013-01-01

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

Approaches to death and dying: a cultural comparison of Turkey and the United States.

Science.gov (United States)

Beaty, Darla D

2015-01-01

Three principles that guide the bioethics movement in the United States and other Western societies apply to the approaches of death and dying in both the United States and Turkey. These three principles, Autonomy, Beneficence, and justice, are reflected in the practices of people in both countries. The issue of autonomy is of greater concern to those in the United States, while decisions are made entirely with family and physician involvement in Turkey. Beneficence and Justice can be identified as ethical issues in both countries. Similarities with end-of-life experiences are linked by faith-based beliefs of Islam and Christianity. Differences in sociocultural influences, such as policies about advance directives in the United States, account for differences in end-of-life decision making. This article examines the spiritual, cultural, legal, and political factors that inform the experience of people in Turkey and in the United States when death is at hand.

International variation in ethics committee requirements: comparisons across five Westernised nations

Directory of Open Access Journals (Sweden)

Nachson Israel

2002-04-01

Full Text Available Abstract Background Ethics committees typically apply the common principles of autonomy, nonmaleficence, beneficence and justice to research proposals but with variable weighting and interpretation. This paper reports a comparison of ethical requirements in an international cross-cultural study and discusses their implications. Discussion The study was run concurrently in New Zealand, UK, Israel, Canada and USA and involved testing hypotheses about believability of testimonies regarding alleged child sexual abuse. Ethics committee requirements to conduct this study ranged from nil in Israel to considerable amendments designed to minimise participant harm in New Zealand. Assessment of minimal risk is a complex and unreliable estimation further compounded by insufficient information on probabilities of particular individuals suffering harm. Estimating potential benefits/ risks ratio and protecting participants' autonomy similarly are not straightforward exercises. Summary Safeguarding moral/humane principles should be balanced with promotion of ethical research which does not impede research posing minimal risk to participants. In ensuring that ethical standards are met and research has scientific merit, ethics committees have obligations to participants (to meet their rights and protect them from harm; to society (to ensure good quality research is conducted; and to researchers (to treat their proposals with just consideration and respect. To facilitate meeting all these obligations, the preferable focus should be promotion of ethical research, rather than the prevention of unethical research, which inevitably results in the impediment of researchers from doing their work. How the ethical principles should be applied and balanced requires further consideration.

[Influence of pharmaceutical advertising on the physician. A contribution to ethics in medicine].

Science.gov (United States)

Kalb, Stefanie

2004-01-01

Physicians who prescribe medicaments to patients are the preferred target group of sales promotion by pharmaceutical industry. As studies show, pharmaceutical advertising actually exerts some influence on a physician's knowledge and habit of prescribing medicine, to the point of even inducing him to give preference to a special drug. Information on pharmaceuticals given by advertisements may contain some potential of bias, instead of offering the physician a chance of objectives additional training. Free gifts from the pharmaceutical industry may easily plunge a physician into a conflict of interest while giving therapy with drugs. The gift relationship established between him and pharmaceutical enterprises is apt to mutate to some sort of commitment he owes to the givers. Favouring a drug which has come about through he influence of advertising, can thus violate the principles of "good prescribing". For a treatment which contains potential for bias and a conflict of interest cannot possibly match the profession's principles of responsibility, fostering informed choice (autonomy), protecting the patient from harm (nonmaleficence), acting in a patient's best interest (beneficence), and promoting equity in health care (justice). Each physician should therefore be aware of possibly belonging to a preferred target group pharmaceutical sales promotion is aiming at. He should take an independent attitude while acquiring knowledge, and critically view the adequateness of free gifts he is offered. Even students of medicine should be encouraged to critically reflect on the necessary and essential relationship to pharmaceutical industries so that it may be moulded according to the benefit of the patients.

Lived experiences of parents of premature babies in the intensive care unit in a private hospital in Johannesburg, South Africa.

Science.gov (United States)

Steyn, Erika; Poggenpoel, Marie; Myburgh, Chris

2017-02-28

Many of the 15 million premature babies born worldwide every year survive because of advanced medical interventions. Their parents have intense experiences when their babies are in the intensive care unit (ICU), and these have an impact on their thoughts, feelings and relationships, including their relationships with their premature babies. The aim of the study was to explore and describe the lived experiences of parents of premature babies in an ICU. Research design was qualitative, exploratory, descriptive and contextual. A purposive sample of parents with premature babies in an ICU in a private hospital in Johannesburg Gauteng in South Africa was used. Eight parents, four mothers and four fathers, married and either Afrikaans or English-speaking, were included in the study. Data were collected by conducting in-depth phenomenological interviews with them and making use of field notes. Trustworthiness was ensured by implementing the strategies of credibility, transferability, dependability and confirmability. Ethical principles such as autonomy, beneficence, nonmaleficence and justice were adhered to throughout the research process. Thematic analyses were utilised to analyse the data. Two themes in the experiences of parents with premature babies in ICU became apparent. Parents experienced thoughts, emotions and hope while their premature babies were in the ICU as well as challenges in their relationships and these challenges influenced their experiences. Mindfulness of intensive care nurses should be facilitated so that intensive care nurses can promote the mental health of parents with premature babies in the ICU. Parents with premature babies in the ICU have thoughts and emotional experiences which include hope and they affect parents' relationships.

The concept of hospice in theory and practice.

Science.gov (United States)

Nayak, S

2001-12-01

Initially the word 'hospice' was used to convey the friendly and warm feeling between the guest and the host. Later the place where this feeling was experienced represented the meaning of the word. Hospice is a union between the tough and rigid principles of curative clinical science and more flexible 'compassion' of human behaviour. The aim should be more on to relieve distressing symptoms of advanced cancer and other terminal diseases by control of symptoms and good nursing. In India one in 10 deaths is related to cancer and a sizeable section of this huge population die in unrelieved pain and suffering. AIDS cases are rising in the developing countries, which cannot afford expensive treatment. So the provision of good palliative care will remain for many years to come. But with the advent of antibiotics, doctors changed their goal from palliative care to absolute cure. The incurable cases were gradually made to feel unwelcome. The best option between the two is compassion of the old days and the modern scientific advances. Principles of ethics in clinical practice rotate around autonomy, beneficence, non-maleficence and justice. Euthansia poses a big question. Lack of awareness among patients, doctors and paramedical personnel causes unrelieved pain in cancer and other terminal diseases. Gastro-intestinal symptoms, respiratory symptoms, lymphoedema and complications of cancer and other diseases can be looked carefully to give proper benefit to the patients. Complementary and alternative medicine plays a key role in palliative care and improves the quality of life.

Beyond the futility argument: the fair process approach and time-limited trials for managing dialysis conflict.

Science.gov (United States)

Rinehart, Ann

2013-11-01

Futility is an ancient concept arising from Greek mythology that was resurrected for its medical application in the 1980s with the proliferation of many lifesaving technologies, including dialysis and renal transplantation. By that time, the domineering medical paternalism that characterized the pre-1960s physician-patient relationship morphed into assertive patient autonomy, and some patients began to claim the right to demand aggressive, high-technology interventions, despite physician disapproval. To counter this power struggle, the establishment of a precise definition of futility offered hope for a futility policy that would allow physicians to justify withholding or withdrawing treatment, despite patient and family objections. This article reviews the various attempts made to define medical futility and describes their limited applicability to dialysis. When futility concerns arise, physicians should recognize the opportunity to address conflict, using best practice communication skills. Physicians would also benefit from understanding the ethical principles of respect for patient autonomy, beneficence, nonmaleficence, justice, and professional integrity that underlie medical decision-making. Also reviewed is the use of a fair process approach or time-limited trial when conflict resolution cannot be achieved. These topics are addressed in the Renal Physician Association's clinical practice guideline Shared Decision-Making in the Appropriate Initiation and Withdrawal from Dialysis, with which nephrologists should be well versed. A case presentation of intractable calciphylaxis in a new dialysis patient illustrates the pitfalls of physicians not fully appreciating the ethics of medical decision-making and failing to use effective conflict management approaches in the clinical practice guideline.

Ethical, social, and legal issues surrounding studies of susceptible populations and individuals.

Science.gov (United States)

Soskolne, C L

1997-01-01

Calls for professional accountability have resulted in the development of ethics guidelines by numerous specialty and subspecialty groups of scientists. Indeed, guidelines among some health professions now address vulnerable and dependent groups: but these are silent on issues related to biomarkers. In parallel, attention has been drawn to human rights concerns associated with attempts to detect hypersusceptible workers, especially in democratic countries. Despite this, concern for vulnerable populations grows as advances in biomarker technology make the identification of genetic predisposition and susceptibility markers of both exposure and outcome more attainable. In this article, the principles derived from the ethical theory of utilitarianism provide the basis for principle-based ethical analysis. In addition, the four principles of biomedical ethics--respect for autonomy, beneficence, nonmaleficence, and social justice--are considered for biomarker studies. The need for a context in which ethical analysis is conducted and from which prevailing social values are shown to drive decisions of an ethical nature is emphasized; these include statutory regulation and law. Because biomarker studies can result in more harm than good, special precautions to inform research participants prior to any involvement in the use of biomarkers are needed. In addition, safeguards to maintain the privacy of data derived from biomarker studies must be developed and implemented prior to the application of these new technologies. Guidelines must be expanded to incorporate ethical, social, and legal considerations surrounding the introduction of new technologies for studying susceptible populations and individuals who may be vulnerable to environmental exposures. PMID:9255569

ICRP Publication 138: Ethical Foundations of the System of Radiological Protection.

Science.gov (United States)

Cho, K-W; Cantone, M-C; Kurihara-Saio, C; Le Guen, B; Martinez, N; Oughton, D; Schneider, T; Toohey, R; ZöLzer, F

2018-02-01

Despite a longstanding recognition that radiological protection is not only a matter of science, but also ethics, ICRP publications have rarely addressed the ethical foundations of the system of radiological protection explicitly. The purpose of this publication is to describe how the Commission has relied on ethical values, either intentionally or indirectly, in developing the system of radiological protection with the objective of presenting a coherent view of how ethics is part of this system. In so doing, it helps to clarify the inherent value judgements made in achieving the aim of the radiological protection system as underlined by the Commission in Publication 103. Although primarily addressed to the radiological protection community, this publication is also intended to address authorities, operators, workers, medical professionals, patients, the public, and its representatives (e.g. NGOs) acting in the interest of the protection of people and the environment. This publication provides the key steps concerning the scientific, ethical, and practical evolutions of the system of radiological protection since the first ICRP publication in 1928. It then describes the four core ethical values underpinning the present system: beneficence/ non-maleficence, prudence, justice, and dignity. It also discusses how these core ethical values relate to the principles of radiological protection, namely justification, optimisation, and limitation. The publication finally addresses key procedural values that are required for the practical implementation of the system, focusing on accountability, transparency, and inclusiveness. The Commission sees this publication as a founding document to be elaborated further in different situations and circumstances.

Beyond the Futility Argument: The Fair Process Approach and Time-Limited Trials for Managing Dialysis Conflict

Science.gov (United States)

2013-01-01

Summary Futility is an ancient concept arising from Greek mythology that was resurrected for its medical application in the 1980s with the proliferation of many lifesaving technologies, including dialysis and renal transplantation. By that time, the domineering medical paternalism that characterized the pre-1960s physician–patient relationship morphed into assertive patient autonomy, and some patients began to claim the right to demand aggressive, high-technology interventions, despite physician disapproval. To counter this power struggle, the establishment of a precise definition of futility offered hope for a futility policy that would allow physicians to justify withholding or withdrawing treatment, despite patient and family objections. This article reviews the various attempts made to define medical futility and describes their limited applicability to dialysis. When futility concerns arise, physicians should recognize the opportunity to address conflict, using best practice communication skills. Physicians would also benefit from understanding the ethical principles of respect for patient autonomy, beneficence, nonmaleficence, justice, and professional integrity that underlie medical decision-making. Also reviewed is the use of a fair process approach or time-limited trial when conflict resolution cannot be achieved. These topics are addressed in the Renal Physician Association’s clinical practice guideline Shared Decision-Making in the Appropriate Initiation and Withdrawal from Dialysis, with which nephrologists should be well versed. A case presentation of intractable calciphylaxis in a new dialysis patient illustrates the pitfalls of physicians not fully appreciating the ethics of medical decision-making and failing to use effective conflict management approaches in the clinical practice guideline. PMID:23868900

Neonatal and pediatric organ donation: ethical perspectives and implications for policy

Directory of Open Access Journals (Sweden)

Ajit Ashok Sarnaik

2015-11-01

Full Text Available The lifesaving processes of organ donation and transplantation in neonatology and pediatrics carry important ethical considerations. The medical community must balance the principles of autonomy, nonmaleficence, beneficence, and justice to ensure the best interest of the potential donor and to provide equitable benefit to society. Accordingly, the US Organ Procurement and Transplantation Network (OPTN has established procedures for the ethical allocation of organs depending on several donor-specific and recipient-specific factors. To maximize the availability of transplantable organs and opportunities for dying patients and families to donate, the US government has mandated that hospitals refer potential donors in a timely manner. Expedient investigation and diagnosis of brain death where applicable are also crucial, especially in neonates. Empowering trained individuals from organ procurement organizations to discuss organ donation with families has also increased rates of consent. Other efforts to increase organ supply include recovery from donors who die by circulatory criteria (DCDD in addition to donation after brain death (DBD, and from neonates born with immediately lethal conditions such as anencephaly. Ethical considerations in DCDD compared to DBD include a potential conflict of interest between the dying patient and others who may benefit from the organs, and the precision of the declaration of death of the donor. Most clinicians and ethicists believe in the appropriateness of the Dead Donor Rule, which states that vital organs should only be recovered from people who have died. The medical community can maximize the interests of organ donors and recipients by observing the Dead Donor Rule and acknowledging the ethical considerations in organ donation.

Neonatal and Pediatric Organ Donation: Ethical Perspectives and Implications for Policy.

Science.gov (United States)

Sarnaik, Ajit A

2015-01-01

The lifesaving processes of organ donation and transplantation in neonatology and pediatrics carry important ethical considerations. The medical community must balance the principles of autonomy, non-maleficence, beneficence, and justice to ensure the best interest of the potential donor and to provide equitable benefit to society. Accordingly, the US Organ Procurement and Transplantation Network (OPTN) has established procedures for the ethical allocation of organs depending on several donor-specific and recipient-specific factors. To maximize the availability of transplantable organs and opportunities for dying patients and families to donate, the US government has mandated that hospitals refer potential donors in a timely manner. Expedient investigation and diagnosis of brain death where applicable are also crucial, especially in neonates. Empowering trained individuals from organ procurement organizations to discuss organ donation with families has also increased rates of consent. Other efforts to increase organ supply include recovery from donors who die by circulatory criteria (DCDD) in addition to donation after brain death (DBD), and from neonates born with immediately lethal conditions such as anencephaly. Ethical considerations in DCDD compared to DBD include a potential conflict of interest between the dying patient and others who may benefit from the organs, and the precision of the declaration of death of the donor. Most clinicians and ethicists believe in the appropriateness of the Dead Donor Rule, which states that vital organs should only be recovered from people who have died. The medical community can maximize the interests of organ donors and recipients by observing the Dead Donor Rule and acknowledging the ethical considerations in organ donation.

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

African Journals Online (AJOL)

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

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

Directory of Open Access Journals (Sweden)

Florence Stinglhamber

2008-06-01

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

Ethics of Research into Learning and Teaching with Web 2.0: Reflections on Eight Case Studies

Science.gov (United States)

Chang, Rosemary L.; Gray, Kathleen

2013-01-01

The unique features and educational affordances of Web 2.0 technologies pose new challenges for conducting learning and teaching research in ways that adequately address ethical issues of informed consent, beneficence, respect, justice, research merit and integrity. This paper reviews these conceptual bases of human research ethics and gives…

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

OpenAIRE

S L Holloway

1998-01-01

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

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

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

Science.gov (United States)

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

2001-06-01

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

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

Directory of Open Access Journals (Sweden)

Antonio SANDU

2016-07-01

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

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.

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.

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

Directory of Open Access Journals (Sweden)

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

2012-11-01

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

The Space for Restorative Justice in the Ethiopian Criminal Justice System

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Endalew Lijalem Enyew

2014-12-01

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

ECONOMIC EQUALITY OR JUSTICE

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Ekrem Tufan

2017-12-01

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

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.

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…

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...

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

Clinical Empathy and Narrative Competence: The Relevance of Reading Talmudic Legends as Literary Fiction

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John H. Davidson

2015-04-01

Full Text Available The “curative potential” in almost any clinical setting depends on a caregiver establishing and maintaining an empathic connection with patients so as to achieve “narrative competence” in discerning and acting in accord with their preferences and best interests. The “narrative medicine” model of shared “close reading of literature and reflective writing” among clinicians as a means of fostering a capacity for clinical empathy has gained validation with recent empirical studies demonstrating the enhancement of theory of mind (ToM, broadly conceived as empathy, in readers of literary fiction. Talmudic legends, like that of Rabbi Judah’s death, are under-appreciated, relevant sources of literary fiction for these efforts. The limitations of narrative medicine are readily counterbalanced by simultaneously practiced attention to traditional bioethical principles, including—especially—beneficence, non-maleficence, and autonomy.

Ethical Barriers in Adolescent Oncofertility Counseling.

Science.gov (United States)

Runco, Daniel V; Taylor, Julia F; Helft, Paul R

2017-01-01

Adult survivors of pediatric cancers are at substantial risk for infertility. Oncofertility is an emerging field in medicine that has focused on the fertility preservation of these patients. As the field continues to develop, there are several areas in which our practice has improved. However, several ethical concerns still exist involving beneficence, nonmaleficence, informed consent, adolescent assent, and posthumous use of reproductive tissues. Because the field is still developing, great disparities exist in available options depending on age, ability to pay, and geographic location. Such discrepancies in access may lead to health disparities in the adolescent patient population. As the science continues to make future fertility more feasible, the ethical questions will continue to be more complex. The purpose of this article is to review some of the developments regarding oncoferility and address future directions for research and inquiry in specific areas.

Ethical decision-making in the dilemma of the intersex infant.

Science.gov (United States)

Lathrop, Breanna L; Cheney, Teresa B; Hayman, Annette B

2014-03-01

The Making Ethical Decisions about Surgical Intervention (MEDSI) tool is designed to guide health care professionals, patients, and families faced with ethically charged decisions regarding surgical interventions for pediatric patients. MEDSI is built on the principles of beneficence, nonmaleficence, and patient autonomy and created to promote truth-telling, compassion, respect for patient cultural and religious preferences, and appropriate follow up in the clinical setting. Following an overview of the 8 steps that compose MEDSI, the tool is applied to the management of intersex infants. The birth of a child with a disorder of sexual development (DSD) and ambiguous genitalia presents an ethically challenging situation for the family and health care team. The use of the MEDSI model is demonstrated in a case study involving the decision of surgical intervention in the management of an intersex child.

Examination of ethical dilemmas experienced by adult intensive care unit nurses in physical restraint practices.

Science.gov (United States)

Yönt, Gülendam Hakverdioğlu; Korhan, Esra Akin; Dizer, Berna; Gümüş, Fatma; Koyuncu, Rukiye

2014-01-01

Nurses are more likely to face the dilemma of whether to resort to physical restraints or not and have a hard time making that decision. This is a descriptive study. A total of 55 nurses participated in the research. For data collection, a question form developed by researchers to determine perceptions of ethical dilemmas by nurses in the application of physical restraint was used. A descriptive analysis was made by calculating the mean, standard deviation, and maximum and minimum values. The nurses expressed (36.4%) having difficulty in deciding to use physical restraint. Nurses reported that they experience ethical dilemmas mainly in relation to the ethic principles of nonmaleficence, beneficence, and convenience. We have concluded that majority of nurses working in critical care units apply physical restraint to patients, although they are facing ethical dilemmas concerning harm and benefit principles during the application.

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…

Applying Social Justice Principles through School-Based Restorative Justice

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

2009-01-01

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

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

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Wenzel, Michael; Okimoto, Tyler G

2014-09-01

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

Justice and feelings: Toward a new era in justice research

NARCIS (Netherlands)

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

2007-01-01

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

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

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Jacob Meiring

2016-11-01

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

Maximizing beneficence and autonomy. Ethical support for the use of nonpharmacological methods for managing dental anxiety.

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Donate-Bartfield, Evelyn; Spellecy, Ryan; Shane, Nicholas J

2010-01-01

This article examines advantages associated with nonpharmacological behavioral management techniques and suggests that there are benefits to their use (such as achieving a more lasting solution to the problem of dental anxiety) that are not realized with medication-based interventions. Analyses that use Kantian and existential viewpoints for exploring the use of medication versus behavioral interventions for managing life problems yield parallel conclusions: there are advantages gained by using behavioral interventions that are not always associated with medication-based interventions. These analyses, taken together with an understanding of the psychology of dental anxiety management, suggest that using nonpharmacological techniques for the management of dental anxiety can maximize adherence to the ethical principles of beneficence and patient autonomy. The authors discuss the barriers that make nonpharmacological interventions for anxiety management difficult for dentists to routinely use, and suggest that additional training in these methods and increased collaboration with mental health professionals are needed for dentists.

Justice on Both Sides: Transforming Education through Restorative Justice

Science.gov (United States)

Winn, Maisha T.

2018-01-01

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

Ethics, Ethical Human Research and Human Research Ethics Committees

Science.gov (United States)

Lindorff, Margaret

2010-01-01

Non-medical research involves the same issues of justice, beneficence, and respect for persons that apply to non-medical research. It also may involve risk of harm to participants, and conflicts of interest for researchers. It is therefore not possible to argue that such research should be exempt from ethical review. This paper argues that…

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

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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.

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

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GABRIEL RADU

2011-04-01

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

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

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

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Intan Karangan

2016-09-01

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

Communities, self-causation and the natural lottery.

Science.gov (United States)

Loewy, E H

1988-01-01

This paper examines the various notions of community, and of the 'natural lottery' as well as investigating the role that 'self-causation' plays in communal obligations. In examining community, two opposing views are juxtaposed: (1) the view that community consists merely of persons united by duties of refraining from harm one to another, resulting in autonomy based justice which makes freedom an absolute condition of mortality; and (2) a broader view which sees the concept of community as entailing obligations of beneficence, resulting in beneficence based justice and which, therefore, sees freedom as a value to be cautiously traded with other values. In examining the 'natural lottery' in the light of community, the various consequences of viewing the lottery in various ways and the impact that our view of community has on these consequences, is explored. A third option, the option that the 'natural lottery' as the cause of illness and health is a shaky concept, is offered. Self-causation of illness and its linkage to concepts of community and of the 'natural lottery' is then briefly examined. It is concluded that (1) community implies a social contract which, in order to be conceived in the first place, necessitates more than a minimalist ethic: to come about, a degree of beneficence inspiring trust is presupposed; (2) conceiving community narrowly is neither what we ordinarily do when we think of the term nor, for that matter, workable in our world.(ABSTRACT TRUNCATED AT 250 WORDS)

Corrective justice and contract law

OpenAIRE

Martín Hevia

2010-01-01

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

Crippling Sexual Justice

DEFF Research Database (Denmark)

Stormhøj, Christel

2015-01-01

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

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....

Corrective justice and contract law

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Martín Hevia

2010-06-01

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

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

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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.

Justice-based social assistance

Science.gov (United States)

Barrientos, Armando

2016-01-01

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

Corporate accountability and transitional justice

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Sabine Michalowski

2015-10-01

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

Setting standards of restorative justice

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Kostić Miomira

2007-01-01

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

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

African Journals Online (AJOL)

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

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

African Journals Online (AJOL)

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

Ethical Components in Radiological Protection Communication: First Feedbacks from Switzerland

International Nuclear Information System (INIS)

Bochud, Francois

2013-01-01

The presentation started by underlying that moral philosophy relates to deontology, virtues and utilitarianism: deontology defines the way an actor is acting; an actor is judged based on the virtues of his actions and the actions are judged by their consequences (Utilitarianism). The presentation then moves on by talking about ethical history in medicine and focusing the attention on the three basic principles of bio-ethics: Autonomy (deontology), Beneficence or non-maleficence (utilitarianism) and Justice (deontology). The three principles of radiation protection: justification, optimization and limitation were then framed within the ICRP publications 103 and 105 and discussed with reference to the bio-ethics basic of deontology, virtue and utilitarianism. For a practical application of these principles, the lecturer used different examples to demonstrate the difficulties encountered in applying them and the degree of flexibility needed in doing so. Examples were related to: back scattering images (airplane boarding); annual effective dose related to the decision to leave the house; person genetically more radiosensitive (risk of leukaemia) and people tobacco smoking. The scheme to present the examples is the same in three steps: 1. First answers to a question involving moral or ethical elements; 2. Rephrasing the same question with an ethical perspective; 3. Second answers to the rephrased question. Finally the first and second answers are compared and commented. After the discussion around these examples, the following conclusions can be drawn: Ethical principles are enshrined in radiation protection and in medicine; Ethical decisions need to be taken with the help of different schools of moral philosophy and Ethics and radiation protection are dynamic (Now and here versus tomorrow and there)

Lived experiences of parents of premature babies in the intensive care unit in a private hospital in Johannesburg, South Africa

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Erika Steyn

2017-02-01

Full Text Available Background: Many of the 15 million premature babies born worldwide every year survive because of advanced medical interventions. Their parents have intense experiences when their babies are in the intensive care unit (ICU, and these have an impact on their thoughts, feelings and relationships, including their relationships with their premature babies. Objectives: The aim of the study was to explore and describe the lived experiences of parents of premature babies in an ICU. Method: Research design was qualitative, exploratory, descriptive and contextual. A purposive sample of parents with premature babies in an ICU in a private hospital in Johannesburg Gauteng in South Africa was used. Eight parents, four mothers and four fathers, married and either Afrikaans or English-speaking, were included in the study. Data were collected by conducting in-depth phenomenological interviews with them and making use of field notes. Trustworthiness was ensured by implementing the strategies of credibility, transferability, dependability and confirmability. Ethical principles such as autonomy, beneficence, nonmaleficence and justice were adhered to throughout the research process. Results: Thematic analyses were utilised to analyse the data. Two themes in the experiences of parents with premature babies in ICU became apparent. Parents experienced thoughts, emotions and hope while their premature babies were in the ICU as well as challenges in their relationships and these challenges influenced their experiences. Recommendations: Mindfulness of intensive care nurses should be facilitated so that intensive care nurses can promote the mental health of parents with premature babies in the ICU. Conclusion: Parents with premature babies in the ICU have thoughts and emotional experiences which include hope and they affect parents’ relationships.

End-of-Life Decision Making in Palliative Care and Recommendations of the Council of Europe: Qualitative Secondary Analysis of Interviews and Observation Field Notes.

Science.gov (United States)

Martins Pereira, Sandra; Fradique, Emília; Hernández-Marrero, Pablo

2018-05-01

End-of-life decisions (ELDs) are embedded in clinical, sociocultural, political, economic, and ethical concerns. In 2014, the Council of Europe (CoE) through its Committee on Bioethics launched the "Guide on the decision-making process regarding medical treatment in end-of-life situations," aiming at improving decision-making processes and empowering professionals in making ELDs. To analyze if end-of-life decision making in palliative care (PC) is consistent with this Guide and to identify if disputed/controversial issues are part of current ELDs. Qualitative secondary analysis. Four qualitative datasets, including 44 interviews and 9 team observation field notes from previous studies with PC teams/professionals in Portugal. An analysis grid based on the abovementioned guide was created considering three dimensions: ethical and legal frameworks, decision-making process, and disputed/controversial issues. The majority of the professionals considered the ethical principle of autonomy paramount in end-of-life decision making. Justice and beneficence/nonmaleficence were also valued. Although not mentioned in the Guide, the professionals also considered other ethical principles when making ELDs, namely, responsibility, integrity, and dignity. Most of the interviewees and field notes referred to the collective interprofessional dimension of the decision-making process. Palliative sedation and the wish to hasten death were the most mentioned disputed/controversial issues. The nature, limitations, and benefits of qualitative secondary analysis are discussed. End-of-life decision-making processes made by Portuguese PC teams seem to be consistent with the guidelines of the CoE. Further research is needed about disputed/controversial issues and the actual use, effectiveness, and impact of ethical guidelines for end-of-life decision making on professionals' empowerment and for all parties involved.

Family perspectives on organ and tissue donation for transplantation: a principlist analysis.

Science.gov (United States)

Dos Santos, Marcelo José; Feito, Lydia

2017-01-01

The family interview context is permeated by numerous ethical issues which may generate conflicts and impact on organ donation process. This study aims to analyze the family interview process with a focus on principlist bioethics. This exploratory, descriptive study uses a qualitative approach. The speeches were collected using the following prompt: "Talk about the family interview for the donation of organs and tissues for transplantation, from the preparation for the interview to the decision of the family to donate or not." For the treatment of qualitative data, we chose the method of content analysis and categorical thematic analysis. The study involved 18 nurses who worked in three municipal organ procurement organizations in São Paulo, Brazil, and who conducted family interviews for organ donation. Ethical considerations: The data were collected after approval of the study by the Research Ethics Committee of the School of Nursing of the University of São Paulo. The results were classified into four categories and three subcategories. The categories are the principles adopted by principlist bioethics. The principles of autonomy, beneficence, non-maleficence, and justice permeate the family interview and reveal their importance in the organs and tissues donation process for transplantation. The analysis of family interviews for the donation of organs and tissues for transplantation with a focus on principlist bioethics indicates that the process involves many ethical considerations. The elucidation of these aspects contributes to the discussion, training, and improvement of professionals, whether nurses or not, who work in organ procurement organizations and can improve the curriculum of existing training programs for transplant coordinators who pursue ethics in donation and transplantation as their foundation.

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

Science.gov (United States)

van Wormer, Katherine

2009-01-01

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

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

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.

Organizational Justice Perception According to Generations

Directory of Open Access Journals (Sweden)

Zeki YÜKSEKBİLGİLİ

2015-12-01

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

A clinician's understanding of ethics in palliative care: an American perspective.

Science.gov (United States)

Cimino, James E

2003-04-01

I believe the standard for making ethical decisions should be the same for all patients: appropriate medical interventions, carefully weighing their benefits and burdens, and trying to honor the wishes of the patients. When cure is not possible, the balance between benefits and burdens should shift to greater consideration of the burden side of the equation. The ascendancy of autonomy over other medical ethical principles is the center for most of the ethical dilemmas encountered in palliative care. This paper discusses the issues of autonomy, informed consent, patient capacity, advance directives, futility, "do-not-resuscitate" orders, withholding or withdrawing interventions, euthanasia, and sedation therapy. After 41 years of my personally caring for over 4000 terminally ill patients, primarily at Calvary Hospital, the most practical approach has been to establish trust with patients and families, determining their goals, and diligently applying the principles of beneficence (benefits) and nonmaleficence (burdens) in everyday practice.

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

Science.gov (United States)

Fox, Kathryn J

2015-05-01

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

Juvenile Justice

OpenAIRE

International Child Development Centre

1998-01-01

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

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

Psychology and criminal justice

OpenAIRE

Adler, Joanna R.

2013-01-01

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

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

Directory of Open Access Journals (Sweden)

Selaelo T. Kgatla

2016-10-01

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

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.…

Engineering justice transforming engineering education and practice

CERN Document Server

Leydens, Jon A

2018-01-01

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

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.

Extubation versus tracheostomy in withdrawal of treatment-ethical, clinical, and legal perspectives.

LENUS (Irish Health Repository)

Chotirmall, Sanjay Haresh

2010-06-01

The provision of life-sustaining ventilation, such as tracheostomy to critically ill patients, is commonly performed. However, the utilization of tracheostomy or extubation after a withdrawal of treatment decision is debated. There is a dearth of practical information available to aid clinical decision making because withdrawal of treatment is a challenging scenario for all concerned. This is further complicated by medicolegal and ethical considerations. Care of the "hopelessly ill" patient should be based on daily evaluation and comfort making it impossible to fit into general algorithms. Although respect for autonomy is important in healthcare, it is limited for patients in an unconscious state. Beneficence remains the basis for withdrawing treatment in futile cases and underpins the "doctrine of double effect." This article presents a relevant clinical case of hypoxic brain injury where a question of withdrawal of treatment arose and examines the ethical, clinical, and medicolegal considerations inherent in such cases, including beneficence, nonmaleficence, and the "sanctity of life doctrine." In addition, the considerations of prognosis for recovery, patient autonomy, patient quality of life, and patient family involvement, which are central to decision making, are addressed. The varying legal frameworks that exist internationally regarding treatment withdrawal are also described. Good ethics needs sound facts, and despite the lack of legal foundation in several countries, withdrawal of treatment remains practiced, and the principles described within this article aim to aid clinician decision making during such complex and multifaceted end-of-life decisions.

Therapeutic privilege: between the ethics of lying and the practice of truth.

Science.gov (United States)

Richard, Claude; Lajeunesse, Yvette; Lussier, Marie-Thérèse

2010-06-01

The 'right to the truth' involves disclosing all the pertinent facts to a patient so that an informed decision can be made. However, this concept of a 'right to the truth' entails certain ambiguities, especially since it is difficult to apply the concept in medical practice based mainly on current evidence-based data that are probabilistic in nature. Furthermore, in some situations, the doctor is confronted with a moral dilemma, caught between the necessity to inform the patient (principle of autonomy) and the desire to ensure the patient's well-being by minimising suffering (principle of beneficence). To comply with the principle of beneficence as well as the principle of non-maleficence 'to do no harm', the doctor may then feel obliged to turn to 'therapeutic privilege', using lies or deception to preserve the patient's hope, and psychological and moral integrity, as well as his self-image and dignity. There is no easy answer to such a moral dilemma. This article will propose a process that can fit into reflective practice, allowing the doctor to decide if the use of therapeutic privilege is justified when he is faced with these kinds of conflicting circumstances. We will present the conflict arising in practice in the context of the various theoretical orientations in ethics, and then we will suggest an approach for a 'practice of truth'. Last, we will situate this reflective method in the broader clinical context of medical practice viewed as a dialogic process.

The concept of energy justice across the disciplines

International Nuclear Information System (INIS)

Heffron, Raphael J.; McCauley, Darren

2017-01-01

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

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

28 CFR 0.92 - National Institute of Justice.

Science.gov (United States)

2010-07-01

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

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

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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.

Justice et miséricorde

OpenAIRE

Heyer, René

2012-01-01

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

Restorative justice and victimology

African Journals Online (AJOL)

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

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…

Organization, relational justice and absenteeism.

Science.gov (United States)

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

2014-01-01

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

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.

Environmental justice: An issue for states

International Nuclear Information System (INIS)

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

1996-01-01

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

Military Justice Study Guide

Science.gov (United States)

1990-07-01

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

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

Juvenile Justice in Mexico

Directory of Open Access Journals (Sweden)

Martha Frías Armenta

2014-08-01

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

New frontiers and conceptual frameworks for energy justice

International Nuclear Information System (INIS)

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

2017-01-01

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

Personality traits and perceptions of organisational justice.

Science.gov (United States)

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

2018-01-04

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

Restorative Justice: A Changing Community Response

Science.gov (United States)

Ryan, Thomas G.; Ruddy, Sean

2015-01-01

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

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.…

Restorative Justice in Indonesia: Traditional Value

Directory of Open Access Journals (Sweden)

Eva Achjani Zulfa

2011-05-01

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

83 CHALLENGES AND PROSPECTS OF THE JUVENILE JUSTICE ...

African Journals Online (AJOL)

Fr. Ikenga

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

"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…

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…

ESPEN guideline on ethical aspects of artificial nutrition and hydration.

Science.gov (United States)

Druml, Christiane; Ballmer, Peter E; Druml, Wilfred; Oehmichen, Frank; Shenkin, Alan; Singer, Pierre; Soeters, Peter; Weimann, Arved; Bischoff, Stephan C

2016-06-01

The worldwide debate over the use of artificial nutrition and hydration remains controversial although the scientific and medical facts are unequivocal. Artificial nutrition and hydration are a medical intervention, requiring an indication, a therapeutic goal and the will (consent) of the competent patient. The guideline was developed by an international multidisciplinary working group based on the main aspects of the Guideline on "Ethical and Legal Aspects of Artificial Nutrition" published 2013 by the German Society for Nutritional Medicine (DGEM) after conducting a review of specific current literature. The text was extended and introduced a broader view in particular on the impact of culture and religion. The results were discussed at the ESPEN Congress in Lisbon 2015 and accepted in an online survey among ESPEN members. The ESPEN Guideline on Ethical Aspects of Artificial Nutrition and Hydration is focused on the adult patient and provides a critical summary for physicians and caregivers. Special consideration is given to end of life issues and palliative medicine; to dementia and to specific situations like nursing care or the intensive care unit. The respect for autonomy is an important focus of the guideline as well as the careful wording to be used in the communication with patients and families. The other principles of Bioethics like beneficence, non-maleficence and justice are presented in the context of artificial nutrition and hydration. In this respect the withholding and withdrawing of artificial nutrition and/or hydration is discussed. Due to increasingly multicultural societies and the need for awareness of different values and beliefs an elaborated chapter is dedicated to cultural and religious issues and nutrition. Last but not least topics like voluntary refusal of nutrition and fluids, and forced feeding of competent persons (persons on hunger strike) is included in the guideline. Copyright © 2016 Elsevier Ltd and European Society for Clinical

Medical ethics and ethical dilemmas.

Science.gov (United States)

Iyalomhe, G B S

2009-01-01

Ethical problems routinely arise in the hospital and outpatient practice settings and times of dilemma do occur such that practitioners and patients are at cross-roads where choice and decision making become difficult in terms of ethics. This paper attempts a synopsis of the basic principles of medical ethics, identifies some ethical dilemmas that doctors often encounter and discusses some strategies to address them as well as emphasizes the need for enhanced ethics education both for physicians and patients particularly in Nigeria. Literature and computer programmes (Medline and PsychoInfo databases) were searched for relevant information. The search showed that the fundamental principles suggested by ethicists to assist doctors to evaluate the ethics of a situation while making a decision include respect for autonomy, beneficence, non-maleficence and justice. Although the above principles do not give answers as to how to handle a particular situation, they serve as a guide to doctors on what principles ought to apply to actual circumstances. The principles sometimes conflict with each other leading to ethical dilemmas when applied to issues such as abortion, contraception, euthanasia, professional misconduct, confidentiality truth telling, professional relationship with relatives, religion, traditional medicine and business concerns. Resolution of dilemmas demand the best of the doctor's knowledge of relevant laws and ethics, his training and experience, his religious conviction and moral principles as well as his readiness to benefit from ethics consultation and the advice of his colleagues. Ethics education should begin from the impressionable age in homes, continued in the medical schools and after graduation to ensure that doctors develop good ethical practices and acquire the ability to effectively handle ethical dilemmas. Also, education of patients and sanction of unethical behaviour will reduce ethical dilemmas.

A qualitative description of service providers' experiences of ethical issues in HIV care.

Science.gov (United States)

Sabone, Motshedisi B; Mogobe, Keitshokile Dintle; Matshediso, Ellah; Shaibu, Sheila; Ntsayagae, Esther I; Corless, Inge B; Cuca, Yvette P; Holzemer, William L; Dawson-Rose, Carol; Baez, Solymar S Soliz; Rivero-Mendz, Marta; Webel, Allison R; Eller, Lucille Sanzero; Reid, Paula; Johnson, Mallory O; Kemppainen, Jeanne; Reyes, Darcel; Nokes, Kathleen; Wantland, Dean; Nicholas, Patrice K; Lingren, Teri; Portillo, Carmen J; Sefcik, Elizabeth; Long-Middleton, Ellen

2018-01-01

Managing HIV treatment is a complex multi-dimensional task because of a combination of factors such as stigma and discrimination of some populations who frequently get infected with HIV. In addition, patient-provider encounters have become increasingly multicultural, making effective communication and provision of ethically sound care a challenge. This article explores ethical issues that health service providers in the United States and Botswana encountered in their interaction with patients in HIV care. A descriptive qualitative design was used to collect data from health service providers and patients using focused group discussions. This article is based on responses from health service providers only. Participants and context: This article is based on 11 focused group discussions with a total sample of 71 service providers in seven US sites and one Botswana site. Ethical considerations: Ethical review boards at all the study sites reviewed the study protocol and approved it. Ethical review boards of the study's coordinating centers, Rutgers University and the University of California at San Francisco, also approved it. The study participants provided a written informed consent to participate. HIV service providers encountered ethical challenges in all the four Beauchamp and Childress' biomedical ethics of respect for patients' autonomy, beneficence, justice, and nonmaleficence. The finding that HIV service providers encounter ethical challenges in their interaction with patients is supported by prior studies. The ethical challenges are particularly prominent in multicultural care and resource-constrained care environments. Provision of HIV care is fraught with ethical challenges that tend to pose different issues depending on a given care environment. It is important that strong partnerships are developed among key stakeholders in HIV care. In addition, health service providers need to be provided with resources so they can provide quality and ethically sound

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

Energy Technology Data Exchange (ETDEWEB)

Croatti, R.D.

1994-10-15

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

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

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Mispansyah

2015-08-01

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

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

OpenAIRE

D. Waltenberg , Fábio

2004-01-01

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

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

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Ambrose, Maureen L; Schminke, Marshall

2003-04-01

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

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. .

The future of morality and international justice

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Rakić Vojin

2010-01-01

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

What Justice for Rwanda? Gacaca versus Truth Commission?

OpenAIRE

Reuchamps, Min

2008-01-01

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

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

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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

The antecedents of buyers' perceived justice in online markets.

Science.gov (United States)

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

2013-07-01

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

Engaging Global Justice Through Internships (Penultimate Draft)

OpenAIRE

Ericka Tucker

2014-01-01

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

Transgenerational epigenetics and environmental justice.

Science.gov (United States)

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

2017-07-01

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

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

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Raúl Márquez Porras

2018-06-01

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

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

Science.gov (United States)

Van Stichel, Ellen

2014-11-01

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

Gendering agency in transitional justice

DEFF Research Database (Denmark)

Björkdahl, Annika; Selimovic, Johanna Mannergren

2015-01-01

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

Virtue ethics: an approach to moral dilemmas in nursing

OpenAIRE

E Arries

2005-01-01

Nurses are increasingly confronted with situations of moral difficulty, such as not to feed terminally ill patients, whistle blowing, or participation in termination of pregnancy. Most of these moral dilemmas are often analyzed using the principle-based approach which applies the four moral principles of justice, autonomy, beneficence, and nonmalificence. In some instances, consequentialism is considered, but these frameworks have their limitations. Their limitations has to do with a consider...

Measuring Intergenerational Justice

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Laurence J. Kotlikoff

2017-12-01

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

Perception on justice, trust and tax compliance behavior in Malaysia

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Sellywati Mohd Faizal

2017-09-01

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

28 CFR 0.93 - Bureau of Justice Statistics.

Science.gov (United States)

2010-07-01

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

Globalization and Social Justice in OECD Countries

OpenAIRE

Björn Kauder; Niklas Potrafke

2015-01-01

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

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

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

2017-10-01

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

75 FR 9613 - Draft NIJ Restraints Standard for Criminal Justice

Science.gov (United States)

2010-03-03

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

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

Science.gov (United States)

Churchill, L R

1999-08-01

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

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

Science.gov (United States)

Shriberg, David

2016-01-01

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

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

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

Science.gov (United States)

Rodriguez, Nancy

2007-01-01

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

Climate Justice and the Paris Agreement

International Nuclear Information System (INIS)

Michelot, Agnes

2016-01-01

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

Restorative justice: a changing community response

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Thomas G Ryan

2015-03-01

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

The Criminal justice system in Northern Ireland

OpenAIRE

Carr, Nicola

2017-01-01

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

Organizational Justice as an Antecedent of Job Performance

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Aizzat Mohd. Nasurdin

2013-06-01

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

Legal process, litigation, and judicial decisions.

Science.gov (United States)

Beresford, H Richard

2013-01-01

Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

Restorative justice innovations in Canada.

Science.gov (United States)

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

2002-01-01

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

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…

Educational Justice and Big Data

Science.gov (United States)

Ben Shahar, Tammy Harel

2017-01-01

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

Gender Justice and School Education

Science.gov (United States)

Gao, Desheng

2009-01-01

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

Humanismo y asistencia benéfica en las "Cartas a Elpidio" de Félix Varela Humanism and Beneficence in Félix Varela's "Letters to Elpidio"

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Bárbara Barata Cardoso

2002-08-01

Full Text Available En el presente trabajo se valora la presencia de la concepción humanista de Félix Varela en su obra "Cartas a Elpidio". Se toma como punto de partida al humanismo filosófico en su variante latinoamericana, ubicando a Varela en el lugar correspondiente al llamado "triángulo básico" de la filosofía cubana del siglo XIX. En particular, se hace énfasis en sus ideas acerca de la asistencia benéfica y de la subordinación del bien individual al bien común, cuestiones que aunque constituyen una línea temática permanente dentro del pensamiento vareliano obra, reciben aquí un tratamiento muy maduro, que no ha sido objeto de estudios precedentes. Asimismo se toman en consideración las condiciones y el momento histórico en que fue escrita la obra y las acciones benéficas, de asistencia social, que conjuntamente se generanThe presence of Félix Varela's humanistic position in his work "Letters to Elpidio" is appraised in this work. Philosophical humanism in its Latin American variant is taken as a starting point, placing Varela in a position corresponding to the so-called "basic triangle" of Cuban philosophy in the XIX century. In particular, emphasis is made in his ideas about beneficence and the subordination of individual well-being to common well-being, issues that although they constitute a permanent thematic line in Varela's thought; receive a very mature treatment in this work, even more mature than that of precedent studies. Also they take into consideration the conditions and the historical context in which this work was written and the beneficent actions, of social assistance that are consequently generated

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…

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

DEFF Research Database (Denmark)

Abat Ninet, Antoni

2018-01-01

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

“Judge-Only” Justice V. Collaborators: Introduction

Directory of Open Access Journals (Sweden)

Maria Cristina Reale

2011-12-01

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

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.

Informed Consent and Capacity to Give Consent in Mental Disorders

OpenAIRE

Zeynep Mackali

2014-01-01

Among four basic principles (respect for autonomy, beneficence, non-malfeasance, and justice) which determine ethical behaviors in healthcare, informed consent is mostly related to and lsquo;respect for autonomy'. Also, it reflects patient/client's right for decision and the value given for the client and his/her autonomy. Informed consent is an information sharing process including both rational decision-making about the most appropriate method among many different options and the interacti...

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.

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

Science.gov (United States)

Howard, Adam

2011-01-01

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

Mãori Customary Law: A Relational Approach to Justice

Directory of Open Access Journals (Sweden)

Stephanie Vieille

2012-03-01

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

44 CFR 11.17 - Referral to Department of Justice.

Science.gov (United States)

2010-10-01

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

28 CFR 0.85a - Criminal justice policy coordination.

Science.gov (United States)

2010-07-01

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

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

5 CFR 177.108 - Referral to Department of Justice.

Science.gov (United States)

2010-01-01

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

40 CFR 1620.8 - Referral to Department of Justice.

Science.gov (United States)

2010-07-01

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

Social welfare and restorative justice

OpenAIRE

Fox, Darrell

2009-01-01

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

The design of a medical school social justice curriculum.

Science.gov (United States)

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

2013-10-01

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

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

Science.gov (United States)

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

2012-04-01

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

24 CFR 17.9 - Referral to Department of Justice.

Science.gov (United States)

2010-04-01

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

Shame and Guilt in Restorative Justice

DEFF Research Database (Denmark)

Rodogno, Raffaele

2008-01-01

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

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 CFR 1014.7 - Referral to Department of Justice.

Science.gov (United States)

2010-01-01

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

34 CFR 21.1 - Equal Access to Justice Act.

Science.gov (United States)

2010-07-01

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

Restorative Justice: New Horizons in Juvenile Offender Counseling

Science.gov (United States)

Ryals, John S. Jr.

2004-01-01

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

Social Justice, Research, and Adolescence.

Science.gov (United States)

Russell, Stephen T

2016-03-01

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

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…

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…

76 FR 62434 - HUD Draft Environmental Justice Strategy

Science.gov (United States)

2011-10-07

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

From conditions of equality to demands of justice

DEFF Research Database (Denmark)

Hartz, Emily; Nielsen, Carsten Fogh

2015-01-01

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

Water Justice

NARCIS (Netherlands)

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

2018-01-01

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

Teacher Activism: Enacting a Vision for Social Justice

Science.gov (United States)

Picower, Bree

2012-01-01

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

In Pursuit of Educational Justice and Liberated Hearts

Science.gov (United States)

Mirci, Philip S.

2008-01-01

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

32 CFR 989.33 - Environmental justice.

Science.gov (United States)

2010-07-01

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

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

Directory of Open Access Journals (Sweden)

Monika Bobbert

2017-02-01

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

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

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

DEFF Research Database (Denmark)

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

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

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

Restorative Justice: Principles, Practices, and Application

Science.gov (United States)

O'Brien, Sandra Pavelka

2007-01-01

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

Restorative Justice as Strength-Based Accountability

Science.gov (United States)

Ball, Robert

2003-01-01

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

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.

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

Directory of Open Access Journals (Sweden)

Ezekiel Bolaji

2017-01-01

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

The interface between the Mediation and Restorative Justice

Directory of Open Access Journals (Sweden)

Gustavo Rabay Guerra

2016-06-01

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

Green justice in the city

DEFF Research Database (Denmark)

Rutt, Rebecca Leigh; Gulsrud, Natalie Marie

2016-01-01

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

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

Science.gov (United States)

2010-11-17

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

Reflexivity and social justice

DEFF Research Database (Denmark)

Maksimovic, Tijana; Jakobsen, Helle Nordentoft

2017-01-01

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

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

Directory of Open Access Journals (Sweden)

Zhou, Q.

2012-01-01

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

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…

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…

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

Science.gov (United States)

2011-08-30

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

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

Science.gov (United States)

2012-10-10

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

Distributive Justice and Free Market Economics: A Eudaimonistic Perspective

Directory of Open Access Journals (Sweden)

Michael F. Reber

2010-11-01

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

Ethical dilemmas experienced by clinical psychology trainee therapists.

Science.gov (United States)

Bhola, Poornima; Sinha, Ananya; Sonkar, Suruchi; Raguram, Ahalya

2015-01-01

Ethical dilemmas are inevitable during psychotherapeutic interactions, and these complexities and challenges may be magnified during the training phase. The experience of ethical dilemmas in the arena of therapy and the methods of resolving these dilemmas were examined among 35 clinical psychologists in training, through an anonymous and confidential online survey. The trainees' responses to four open-ended questions on any one ethical dilemma encountered during therapy were analysed, using thematic content analysis. The results highlighted that the salient ethical dilemmas related to confidentiality and boundary issues. The trainees also raised ethical questions regarding therapist competence, the beneficence and non-maleficence of therapeutic actions, and client autonomy. Fifty-seven per cent of the trainees reported that the dilemmas were resolved adequately, the prominent methods of resolution being supervision or consultation and guidance from professional ethical guidelines. The trainees felt that the professional codes had certain limitations as far as the effective resolution of ethical dilemmas was concerned. The findings indicate the need to strengthen training and supervision methodologies and professional ethics codes for psychotherapists and counsellors in India.

Libertarian paternalism and health care policy: a deliberative proposal.

Science.gov (United States)

Schiavone, Giuseppe; De Anna, Gabriele; Mameli, Matteo; Rebba, Vincenzo; Boniolo, Giovanni

2014-02-01

Cass Sunstein and Richard Thaler have been arguing for what they named libertarian paternalism (henceforth LP). Their proposal generated extensive debate as to how and whether LP might lead down a full-blown paternalistic slippery slope. LP has the indubitable merit of having hardwired the best of the empirical psychological and sociological evidence into public and private policy making. It is unclear, though, to what extent the implementation of policies so constructed could enhance the capability for the exercise of an autonomous citizenship. Sunstein and Thaler submit it that in most of the cases in which one is confronted with a set of choices, some default option must be picked out. In those cases whoever devises the features of the set of options ought to rank them according to the moral principle of non-maleficence and possibly to that of beneficence. In this paper we argue that LP can be better implemented if there is a preliminary deliberative debate among the stakeholders that elicits their preferences, and makes it possible to rationally defend them.

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

Science.gov (United States)

Todd, Nathan R; Rufa, Anne K

2013-06-01

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

ADMINISTRATIVE JUSTICE IN FRANCE. BETWEEN SINGULARITY AND CLASSICISM

Directory of Open Access Journals (Sweden)

H. Flavier

2016-01-01

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

22 CFR 213.37 - Referrals to the Department of Justice.

Science.gov (United States)

2010-04-01

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

The first year of implementation of the Child Justice Act

African Journals Online (AJOL)

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

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

Science.gov (United States)

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

2016-01-01

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

Organisational justice and employee perceptions on hospital management.

Science.gov (United States)

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

2007-01-01

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

Justice: A Problem for Military Ethics during Irregular War

Science.gov (United States)

2008-05-22

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

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

Directory of Open Access Journals (Sweden)

Vera Elisabeth

2017-06-01

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

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

Directory of Open Access Journals (Sweden)

H.J. van Vuuren

2016-01-01

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

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.

Spheres of Justice within Schools

DEFF Research Database (Denmark)

Sabbagh, Clara; Resh, Nura; Mor, Michal

2006-01-01

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

25 CFR 11.435 - Obstructing justice.

Science.gov (United States)

2010-04-01

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

Constructing a justice model based on Sen's capability approach

OpenAIRE

Yüksel, Sevgi; Yuksel, Sevgi

2008-01-01

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

22 CFR 304.9 - Referral to the Department of Justice.

Science.gov (United States)

2010-04-01

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

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.

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

Science.gov (United States)

Yuan, Guo; Jia, Libin; Zhao, Jian

2016-03-09

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

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.

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.

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.

The Ambiguity of Justice: Paul Ricoeur on Universalism and Evil

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Geoffrey Dierckxsens

2016-01-01

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

28 CFR 16.76 - Exemption of Justice Management Division.

Science.gov (United States)

2010-07-01

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

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

OpenAIRE

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

2009-01-01

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

The Law of Peoples and Global Justice

Czech Academy of Sciences Publication Activity Database

Hrubec, Marek

2010-01-01

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

Princípio de autonomia: Direito a dispormos de nós próprios até ao limite? A propósito de um caso clínico

Directory of Open Access Journals (Sweden)

Filipe Monteiro

2009-05-01

Full Text Available Resumo: Todo o acto médico deve estar assente em princípios éticos. Estes códigos de conduta que regem a relação do médico com o doente são dirigidos ao médico (princípio de beneficência e não maleficência ou orientados para o doente (princípio de autonomia. Assim sendo, em determinadas circunstâncias, pode haver alguma tensão entre os princípios.Tendo como ponto de partida um caso clínico, é feita uma reflexão à atitude do médico numa situação de conflito de princípios, à luz de fundamentos éticos, bem como numa perpectiva jurídica. Abstract: The doctor-patient relationship should be established in ethical principles. The codes of conduct that guide the relation between the doctor and the patient are addressed to the physician (principle of beneficence and non-maleficence or oriented to the patient (principle of autonomy. As such, in certain circumstances there can be some tension between the principles.Based on a case report in a setting of principles conflict, ethical and legal considerations are made so far as the doctor's attitude is concerned. Palavras-chave: Princípio de beneficência, princípio de autonomia, consentimento informado, conflito de princípios, Key-words: Principle of beneficence, principle of autonomy, informed consent, principles conflict

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

Science.gov (United States)

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

2014-09-01

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

Energy decisions reframed as justice and ethical concerns

Science.gov (United States)

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

2016-05-01

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

Environmental justice in Scotland: policy, pedagogy and praxis

International Nuclear Information System (INIS)

Scandrett, Eurig

2007-01-01

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

Environmental justice in Scotland: policy, pedagogy and praxis

Energy Technology Data Exchange (ETDEWEB)

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

2007-10-15

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

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

Science.gov (United States)

2012-11-26

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

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…

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

African Journals Online (AJOL)

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

EUROPEAN UNION SUPPORT AND TRANSITIONAL JUSTICE PROCESSES IN KOSOVO

Directory of Open Access Journals (Sweden)

Remzije Istrefi

2017-12-01

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

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

Science.gov (United States)

2013-07-22

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

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

Science.gov (United States)

2012-07-03

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

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

Science.gov (United States)

2012-04-05

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

Social Justice and the “Green” City

Directory of Open Access Journals (Sweden)

Liette Gilbert

2014-05-01

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

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

Science.gov (United States)

2010-07-01

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

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

OpenAIRE

Dennis Francis; Adré le Roux

2011-01-01

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

Justice and Social Cohesion: Some conservative perspectives

DEFF Research Database (Denmark)

Pedersen, Søren Hviid

2011-01-01

In the wake of recent debates on multiculturalism and value-pluralism, the pressing questions now focuses on whether social cohesion and the notion of justice are sustainable and can be upheld, at least from a European perspective. There are many theoretical and academic responses, mainly from...... liberals, on how to accommodate the different demands of various ethnic and religious groups and at the same time sustain a minimum of social cohesion and justice. One voice is missing and that is a conservative perspective. The purpose of this paper is to formulate a modern conservative analysis...... of this problem. The argument presented in this paper will, first, take its point of departure from David Hume’s notion of sympathy and how this makes social cohesion possible. Second, it will be argued that social cohesion is a prerequisite for the existence of justice, and therefore justice is a derivative...

7 CFR 3.21 - Referrals of Debts to Justice.

Science.gov (United States)

2010-01-01

... 7 Agriculture 1 2010-01-01 2010-01-01 false Referrals of Debts to Justice. 3.21 Section 3.21... and Compromise of Claims § 3.21 Referrals of Debts to Justice. An agency shall promptly refer to Justice for litigation debts on which aggressive collection activity has been taken in accordance with...

Ethical commitment to women's participation in transitional justice

OpenAIRE

Porter, Elisabeth

2013-01-01

Ethical issues of justice and human rights are central to countries emerging from conflict. Yet involving women in transitional justice processes rarely is articulated in ethical terms. To make a case for an ethical commitment to improving women’s participation in these processes, the paper begins by exploring why transitional justice strategies should bother with gender. Women and men often experience conflict and injustices differently which may require different responses to redress harms ...

The relationship between organizational justice and workplace aggression.

Science.gov (United States)

St-Pierre, Isabelle; Holmes, Dave

2010-05-01

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

Promoting employee wellbeing: the relevance of work characteristics and organizational justice.

Science.gov (United States)

Lawson, Katrina J; Noblet, Andrew J; Rodwell, John J

2009-09-01

Research focusing on the relationship between organizational justice and health suggests that perceptions of fairness can make significant contributions to employee wellbeing. However, studies examining the justice-health relationship are only just emerging and there are several areas where further research is required, in particular, the uniqueness of the contributions made by justice and the extent to which the health effects can be explained by linear, non-linear and/or interaction models. The primary aim of the current study was to determine the main, curvilinear and interaction effects of work characteristics and organizational justice perceptions on employee wellbeing (as measured by psychological health and job satisfaction). Work characteristics were measured using the demand-control-support (DCS) model (Karasek and Theorell, 1990) and Colquitt's (2001) four justice dimensions (distributive, procedural, interpersonal and informational) assessed organizational justice (Colquitt, 2001). Hierarchical regression analyses found that in relation to psychological health, perceptions of justice added little to the explanatory power of the DCS model. In contrast, organizational justice did account for unique variance in job satisfaction, the second measure of employee wellbeing. The results supported linear relationships between the psychosocial working conditions and the outcome measures. A significant two-way interaction effect (control x support at work) was found for the psychological health outcome and the procedural justice by distributive justice interaction was significant for the job satisfaction outcome. Notably, the findings indicate that in addition to traditional job stressors, health promotion strategies should also address organizational justice.

Gilabert on the Feasibility of Global Justice

Directory of Open Access Journals (Sweden)

Colin M. Macleod

2013-09-01

Full Text Available In this article, I discuss the analysis of the feasibility of global justice developed by Pablo Gilabert in his recent book From Global Poverty to Global Equality: A Philosophical Exploration. Gilabert makes many valuable contributions to this topic and I agree with most of his analysis. However, I identify a distinction between strategic justification and moral justification that Gilabert neglects. I show how this distinction is useful in addressing objections to the feasibility of global justice. I also claim that Gilabert makes some problematic assumptions concerning the way in which global justice is morally demanding.

29 CFR 8.19 - Equal Access to Justice Act.

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Equal Access to Justice Act. 8.19 Section 8.19 Labor Office... SERVICE CONTRACTS General Procedural Matters § 8.19 Equal Access to Justice Act. Proceedings under the... Access to Justice Act (Pub. L. 96-481). Accordingly, in any proceeding conducted pursuant to the...

29 CFR 530.414 - Equal Access to Justice Act.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Equal Access to Justice Act. 530.414 Section 530.414 Labor... OF HOMEWORKERS IN CERTAIN INDUSTRIES Administrative Procedures § 530.414 Equal Access to Justice Act. Proceedings under this part are not subject to the provisions of the Equal Access to Justice Act. In any...

Robert Nozick's entitlement theory of justice: a critique | Nnajiofor ...

African Journals Online (AJOL)

The burden of this paper is to critique Robert Nozick's entitlement theory of justice which was drafted as an argument against traditional distribution theories. Nozick's theory of justice claims that whether a distribution is just or not depend entirely on how it came about. By contrast, justice according to equality, need, desert or ...

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.

A broader view of justice.

Science.gov (United States)

Jecker, Nancy S

2008-10-01

In this paper I argue that a narrow view of justice dominates the bioethics literature. I urge a broader view. As bioethicists, we often conceive of justice using a medical model. This model focuses attention at a particular point in time, namely, when someone who is already sick seeks access to scarce or expensive services. A medical model asks how we can fairly distribute those services. The broader view I endorse requires looking upstream, and asking how disease and suffering came about. In contrast to a medical model, a social model of justice considers how social determinants affect the health of a population. For example, social factors such as access to clean drinking water, education, safe workplaces, and police protection, profoundly affect risk for disease and early death. I examine one important social determinant of health, health care coverage, to show the limits of a medical model and the merits of a broader view.

Prioritizing environmental justice and equality: diesel emissions in southern California.

Science.gov (United States)

Marshall, Julian D; Swor, Kathryn R; Nguyen, Nam P

2014-04-01

Existing environmental policies aim to reduce emissions but lack standards for addressing environmental justice. Environmental justice research documents disparities in exposure to air pollution; however, little guidance currently exists on how to make improvements or on how specific emission-reduction scenarios would improve or deteriorate environmental justice conditions. Here, we quantify how emission reductions from specific sources would change various measures of environmental equality and justice. We evaluate potential emission reductions for fine diesel particulate matter (DPM) in Southern California for five sources: on-road mobile, off-road mobile, ships, trains, and stationary. Our approach employs state-of-the-science dispersion and exposure models. We compare four environmental goals: impact, efficiency, equality, and justice. Results indicate potential trade-offs among those goals. For example, reductions in train emissions produce the greatest improvements in terms of efficiency, equality, and justice, whereas off-road mobile source reductions can have the greatest total impact. Reductions in on-road emissions produce improvements in impact, equality, and justice, whereas emission reductions from ships would widen existing population inequalities. Results are similar for complex versus simplified exposure analyses. The approach employed here could usefully be applied elsewhere to evaluate opportunities for improving environmental equality and justice in other locations.

Civic Virtue, Social Justice and Catholic Schools: Part II.

Science.gov (United States)

Ognibene, Richard; Paulli, Kenneth

2002-01-01

Details the history of the Catholic Church's involvement in social justice issues from the Second Vatican Council (1962-65) on. Describes social justice programs in schools in the diocese of Albany, New York, as well as other programs. Stresses that social justice activity rises out gratitude for the gift of life and should be seen in the context…

Resolving society's energy trilemma through the Energy Justice Metric

International Nuclear Information System (INIS)

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

2015-01-01

Carbon dioxide emissions continue to increase to the detriment of society in many forms. One of the difficulties faced is the imbalance between the competing aims of economics, politics and the environment which form the trilemma of energy policy. This article advances that this energy trilemma can be resolved through energy justice. Energy justice develops the debate on energy policy to one that highlights cosmopolitanism, progresses thinking beyond economics and incorporates a new futuristic perspective. To capture these dynamics of energy justice, this research developed an Energy Justice Metric (EJM) that involves the calculation of several metrics: (1) a country (national) EJM; (2) an EJM for different energy infrastructure; and (3) an EJM which is incorporated into economic models that derive costs for energy infrastructure projects. An EJM is modeled for China, the European Union and the United States, and for different energy infrastructure in the United Kingdom. The EJM is plotted on a Ternary Phase Diagram which is used in the sciences for analyzing the relationship (trilemma) of three forms of matter. The development of an EJM can provide a tool for decision-making on energy policy and one that solves the energy trilemma with a just and equitable approach. - Highlights: • Energy justice advances energy policy with cosmopolitanism and new economic-thinking. • An Energy Justice Metric is developed and captures the dynamics of energy justice. • The Energy Justice Metric (EJM) compares countries, and energy infrastructure. • EJM provides an energy policy decision-making tool that is just and equitable.

Genetics and Justice: Must One Theory Fit All Contexts?

Science.gov (United States)

Gunson, Darryl

2018-04-01

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

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.…

Expanding reproductive justice through a supportability reparative justice framework: the case of abortion in South Africa.

Science.gov (United States)

Macleod, Catriona Ida

2018-04-03

Theoretical refinement of the concept of reproductive justice has been called for. In this paper, I propose the use of a supportability reparative justice approach. Drawing on intra-categorical intersectionality, the supportability aspect starts from the event of a pregnancy to unravel the interwoven embodied and social realities implicated in women experiencing pregnancy as personally supportable/unsupportable, and socially supported/unsupported. The reparative justice aspect highlights the need for social repair in the case of unsupportable pregnancies and relies on Ernesto Verdeja's critical theory of reparative justice in which he outlines four reparative dimensions. Using abortion within the South African context, I show how this framework may be put to use: (1) the facilitation of autonomous decision-making (individual material dimension) requires understanding women within context, and less emphasis on individual-driven 'choice'; (2) the provision of legal, safe state-sponsored healthcare resources (collective material dimension) demands political will and abortion service provision to be regarded as a moral as well as a healthcare priority; (3) overcoming stigma and the spoiled identities (collective symbolic dimension) requires significant feminist action to deconstruct negative discourses and to foreground positive narratives; and (4) understanding individual lived experiences (individual symbolic dimension) means deep listening within the social dynamics of particular contexts.

Justice And Legal Certainty For Child Victims

Directory of Open Access Journals (Sweden)

Edi Setiadi

2016-12-01

Full Text Available Focus of attention in the criminal justice system so far has always been to the perpetrator, whereas parties related to a process of criminal justice encompasses the perpetrator, the victim, and the community. A crime victim, in particular, would suffer more since he/she could experience secondary victimization in the criminal justice system. The law concerning victim and witness protection only states the limitation for the criminal victim to ask for compensation to criminal justice system, either as a victim of direct criminal or a victim of abuse power done by law enforcement officers. Child victims are treated the same way as to adult victims, whilst they have a greater dimension of the problem and effects to be dealt with Mechanism and procedures to be followed are ius constituendum (intended/desirable law, as they only share expectation of indemnity, compensation, and rehabilitation which have not been empirically tested in a real situation.

Traditional justice in the reconciliation between Rwanda and Burundi

Directory of Open Access Journals (Sweden)

Antoni Castel

2009-10-01

Full Text Available This article reviews the use of traditional justice in two post-conflicts in the Great Lakes region: those of Rwanda and Burundi. In Rwanda, the government, led by the Rwanda Patriotic Front (FPR, has modernised and shaped for its own interests the gacaca, who are responsible for seeking justice for the victims of the 1994 genocide. In Burundi, the government has yet not deployed all the transitional justice mechanisms as envisaged in the Arusha agreement. The bushingantahe (the rehabilitation of whom is also envisaged in the agreement have not yet been incorporated into transitional justice.

Where's the Justice in Service-Learning? Institutionalizing Service-Learning from a Social Justice Perspective at a Jesuit University

Science.gov (United States)

Cuban, Sondra; Anderson, Jeffrey B.

2007-01-01

We attempt to answer "where" the social justice is in service-learning by probing "what" it is, "how" it looks in the process of being institutionalized at a Jesuit university, and "why" it is important. We develop themes about institutionalizing service-learning from a social justice perspective. Our themes were developed through an analysis of…

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…

Prabowo and the shortcomings of international justice

DEFF Research Database (Denmark)

Tan, Nikolas Feith

2015-01-01

under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...... the aims of international criminal justice....

African Transitional Justice Research Network | IDRC - International ...

International Development Research Centre (IDRC) Digital Library (Canada)

... little African-led research on the cultural appropriateness and impact of such models of transitional justice. This grant will facilitate the creation and sustainable expansion of an electronically-based research network on options and lessons learned pertaining to transitional justice. A second objective is to build the capacity ...

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.

Reducing the cost of administrative justice

International Nuclear Information System (INIS)

Tourtellotte, J.R.

1982-01-01

In virtually every sector of government regulation, the complaint has been lodged that the costs of administrative justice are too high. These costs in time, money, resources, and productivity can have a profound effect on the individual consumer. When applied to an energy technology such as nuclear power, costs of administrative justice can transcent time and money to have even more profound and pervasive soeietal effects. Societal costs can be expressed in terms of their impact on important national concerns, that is, the standard of living, technological superiority, and the national energy equation. Some views are presented on the interests involved in the regulation of nuclear power and what can be done to bring those interests into better balance so as to reduce the cost of administrative justice

RESTORATIVE JUSTICE DALAM UNDANG-UNDANG SPPA: IMPLIKASINYA BAGI PEKERJAAN SOSIAL

Directory of Open Access Journals (Sweden)

Edi Suharto

2016-01-01

Full Text Available Act No. 11 Year 2012 on the Juvenile Justice Systemthat now come into force, grounded in the concept of restorative justice. Restorative justice is the completion of the criminal case together relevant parties in order to seek a fair settlement with the emphasis on restoring back to its original state. To achieve this restorative justice efforts for settling disputes diversion or transfer of children from the criminal justice process to the outside of the criminal justice process. At this diversion efforts have implications for social work. If previously a social worker who has a small role for children in conflict with the law (ABH, it is now a greater role. So it is necessary to enhance the quality and quantity of social workers. Improved quality and quantity must be followed by efforts such as education and training. Institutional quality of social welfare services should also be strengthened because it is the institution that will hold ABH when diversion efforts agreed by the parties. Keyword: Restorative Justice; Diversion; Social Workers   ABSTRAK UU SPPA yang sekarang mulai berlaku, berpijak pada paradigma restorative justice. Restorative justice merupakan penyelesaian perkara tindak pidana bersama-sama pihak terkait dalam rangka mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula. Untuk mencapai keadilan restoratif ini dilakukan upaya diversi atau pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses di luar peradilan pidana. Pada upaya diversi inilah memiliki dampak bagi pekerjaan sosial. Jika sebelumnya pekerja sosial mempunyai peranan yang kecil kepada anak yang berhadapan dengan hukum (ABH, maka kini peranannya lebih besar. Sehingga dibutuhkan peningkatan kualitas maupun kuantitas. Peningkatan kualitas maupun kuantitas harus diikuti dengan upaya seperti pendidikan dan pelatihan. Kualitas kelembagaan pelayanan kesejahteraan sosial juga harus diperkuat karena lembaga inilah yang

Shaping a Just World: Reinterpreting Rawls’s Approach to Global Justice

OpenAIRE

Huang, Jiahui

2015-01-01

This paper discusses the question of global justice through the lens of the theories of justice expounded by John Rawls in "A Theory of Justice, Political Liberalism, and The Law of Peoples". In any theory of justice, some features of the world we know are held fixed; such constraints may be genuinely unchangeable facts about the world, or they may be contingent facts assumed to be fixed for the purposes of the theory. I argue that a fully adequate theory of justice (‘ideal theory’) should fr...

The Bolivian public justice performance research study | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

, inside and outside of the justice system, about the justice system's ... IDRC is investing in local solutions to address climate change-related challenges in India, including heat stress, water management, and climate-related migration.

Relationship between Organizational Justice Perception and Engagement in Deviant Workplace Behavior

Directory of Open Access Journals (Sweden)

Muhammad Irfan Syaebani

2013-07-01

Full Text Available Deviant workplace behavior is not something unusual and is prevalent in organizational dynamics. It is found in all types of organizations and in all levels of positions. This deviance is costly not only in financial, but also in social and psychological terms. This research aims to reveal whether there is any association between organizational justice perception and engagement in deviant workplace behavior since so many scholars argue that organizational injustice can serve as one of the causes to workplace deviance. Three forms of organizational justice are used in this research; they are: distributive, procedural, and interactional justice. Additionally, two dimensions are used to classify deviant workplace behavior, which are severity and target. Putting these two dimensions into low-high continuum, it helps to develop a typology of deviant workplace behavior into four classifications: production, political, property, and personal aggression. Result findings show us that organizational justice perception play important role in the occurrence of deviant workplace behavior. However, it is not the sole predictor since only one deviant workplace behavior (out of twelve which correlates significantly with one form of organizational justice.Keywords: Deviant workplace behavior, organizational justice, distributive justice, procedural justice, interactional justice, production deviance, political deviance, property deviance, personal aggression

75 FR 33636 - Bureau of Justice Assistance; Agency Information Collection Activities: Proposed Collection...

Science.gov (United States)

2010-06-14

... Notice of Information Collection Under Review: New Collection Bureau of Justice Assistance Application Form: Federal Law Enforcement Officers Congressional Badge of Bravery. The Department of Justice (DOJ... DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Bureau of Justice...

75 FR 19659 - Bureau of Justice Assistance; Agency Information Collection Activities: Proposed Collection...

Science.gov (United States)

2010-04-15

... Notice of Information Collection Under Review: New Collection Bureau of Justice Assistance Application Form: Federal Law Enforcement Officers Congressional Badge of Bravery. The Department of Justice... DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Bureau of Justice...

Conceptualizing Learning in the Climate Justice Movement

Science.gov (United States)

Kluttz, Jenalee; Walter, Pierre

2018-01-01

This article extends Scandrett et al.'s conceptual framework for social movement learning to understand learning and knowledge creation in the climate justice movement. Drawing on radical pluralist theoretical approaches to social movement learning, learning in the climate justice movement is conceptualized at the micro, meso, and macro levels,…

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…

Educational Justice, Segregated Schooling and Vocational Education

Science.gov (United States)

Giesinger, Johannes

2017-01-01

The philosophical debate on educational justice currently focusses on the Anglo-American situation. This essay brings in an additional perspective. It provides a justice-oriented critique of the segregated education systems in German-speaking countries. First, arguments that are commonly put forward in favour of these systems are rejected. Second,…

The Dilemma Between Peace and Justice. Transitional Justice in Post-conflict Context: the Cases of Guatemala and El Salvador

Directory of Open Access Journals (Sweden)

Elena MARTÍNEZ BARAHONA

2016-05-01

Full Text Available This article aims to describe and explain the trade-off between justice and peace through the analysis of two post-conflict cases: Guatemala and El Salvador. Using the comparative methodology, we analyse the issues of truth, justice and reparation from the Peace Agreements until today.

5 CFR 1639.10 - Referrals to the Department of Justice.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Referrals to the Department of Justice. 1639.10 Section 1639.10 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD CLAIMS... the Department of Justice. The Executive Director will refer to the Department of Justice for...

Climate Change, Social Justice and Development

OpenAIRE

Terry Barker; Şerban Scrieciu; David Taylor

2008-01-01

Terry Barker, Şerban Scrieciu and David Taylor discuss the implications of climate change for social justice and the prospects for more sustainable development pathways. They state that the analysis and discussions surrounding the climate change problem, particularly those drawing on the traditional economics literature, have relied on a crude economic utilitarianism that no moral philosopher would endorse. Such arguments have typically ignored the concept of justice itself and wider e...

Social justice representations of students and teachers in Spain

Directory of Open Access Journals (Sweden)

Sainz Vanesa

2016-01-01

Full Text Available In this empirical study, we designed a questionnaire that seeks to analyse the representation that Spanish students and teachers have about Social Justice. The questionnaire includes a set of different dilemmas about social justice issues, especially in educational context The questions equitably represent three fundamental dimensions in social justice: Representation, Redistribution and Recognition. The questionnaire for students has 30 dilemmas and for teachers has 39 ones. The instrument has been applied to a sample of teachers and students of secondary education in 17 secondary public schools of different Spanish Communities Autonomous. The results show a good reliability of our instrument and differences in social justice conceptions regarding level of education, age and gender. These results show a developmental and gender trend and differences between students and teachers in the accessibility to the three dimensions of Social Justice: Representation, Recognition and Representation.

2017 Military Investigation and Justice Experience Survey: Overview Report

Science.gov (United States)

2018-04-30

Experience Respondents were asked to provide their evaluations of aspects of the military justice process as a whole. This comprehensive analysis of...justice process. Respondents indicated these resource provided support during the military justice process by listening and “being there” for the...also provide direct assistance to military members who bring forward a report of sexual assault, listen to their needs, and then connect them with

Social Justice Advocacy in Graduate Teacher Education

Science.gov (United States)

Hoyle, Amy Gratch

2018-01-01

This article includes a description and analysis of a graduate teacher education course designed to engage teachers in taking action for social justice. In the course, students participate in a community of learners in which they examine their cultural identities and engage in social justice advocacy work. Students developed content knowledge and…

Restoring rape survivors: justice, advocacy, and a call to action.

Science.gov (United States)

Koss, Mary P

2006-11-01

Rape results in mental and physical health, social, and legal consequences. For the latter, restorative justice-based programs might augment community response, but they generate controversy among advocates and policy makers. This article identifies survivors' needs and existing community responses to them. Survivors feel their legal needs are most poorly met due to justice system problems that can be summarized as attrition, retraumatization, and disparate treatment across gender, class, and ethnic lines. Empirical data support each problem and the conclusion that present justice options are inadequate. The article concludes by identifying common ground in advocacy and restorative justice goals and calls for a holistic approach to the needs of rape survivors that includes advocating for expanded justice alternatives. A call to action is issued to implement restorative alternatives to expand survivor choice and offender accountability. Conventional and restorative justice are often viewed as mutually exclusive whereas the author argues they are complementary.

The limits of social justice as an aspect of medical professionalism.

Science.gov (United States)

Huddle, Thomas S

2013-08-01

Contemporary accounts of medical ethics and professionalism emphasize the importance of social justice as an ideal for physicians. This ideal is often specified as a commitment to attaining the universal availability of some level of health care, if not of other elements of a "decent minimum" standard of living. I observe that physicians, in general, have not accepted the importance of social justice for professional ethics, and I further argue that social justice does not belong among professional norms. Social justice is a norm of civic rather than professional life; professional groups may demand that their members conform to the requirements of citizenship but ought not to require civic virtues such as social justice. Nor should any such requirements foreclose reasonable disagreement as to the content of civic norms, as requiring adherence to common specifications of social justice would do. Demands for any given form of social justice among physicians are unlikely to bear fruit as medical education is powerless to produce this virtue.

76 FR 1641 - Meeting of the Office of Justice Programs' Science Advisory Board

Science.gov (United States)

2011-01-11

... and By-Laws, a review of ethics rules applicable to the Board's activities, and briefings from OJP... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJP) Docket No. 1543] Meeting of the Office of Justice Programs' Science Advisory Board AGENCY: Office of Justice Programs (OJP), Justice. ACTION...

Shame and Guilt in Restorative Justice

DEFF Research Database (Denmark)

Rodogno, Raffaele

2008-01-01

In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More...... in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and the relevant parts of the empirical psychology of shame and guilt, I argue that restorative justice...... practitioners have to take account of a rather more complex picture than it had hitherto been thought. Restorative conferences are not simply about "shame management," though practitioners must certainly avoid shaming and humiliation. Given the nature of shame, guilt, and restorative conferences...

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.

The Relationship between Organizational Justice and Turnover Intention: A Survey on Hospital Nurses

Directory of Open Access Journals (Sweden)

Mobin Sokhanvar

2016-04-01

Full Text Available Introduction: High organizational justice and its factors are associated with reduced turnover intention. Therefore, in this study, we aimed to examine the relationship between organizational justice and turnover intention among hospital nurses. Materials and Methods: This descriptive, analytical study was conducted on 135 nurses working in Labafi Nejad Hospital in Tehran, Iran, 2015. The data were collected using Beugre's (1998 questionnaire of organizational justice questionnaire. To analyze the data, Pearson’s correlation and ANOVA tests were performed using SPSS, version 20. Results: Mean organizational justice and turnover intention scores were 68.85±7.67 and 47.8±12.47, respectively. Among the different types of organizational justice, the highest mean score was pertinent to interactional justice (75.24±16.68. A significant inverse correlation was observed between turnover intention and organizational justice (r=-0.36, interactional justice (r=-0.38, and procedural justice (r=-0.36, while no association was noted between turnover intention and systemic and distributive types of justice. Furthermore, there was no link between demographic variables, organizational justice, and turnover intention. Conclusion: Considering the prominent role of organizational justice in personnel’s intention to leave their job, and given high costs of recruiting and training new staff, managers should pay especial attention to promoting justice and employees’ satisfaction and enhancing stability in their organizations by reinforcing positive attitudes in the employees.

40 CFR 13.33 - Referrals to the Department of Justice.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Referrals to the Department of Justice... COLLECTION STANDARDS Referrals § 13.33 Referrals to the Department of Justice. (a) Prompt referral. The... Justice, Washington, DC 20530. (2) Unless otherwise provided by DOJ regulations or procedures, EPA refers...

Counseling psychology trainees' perceptions of training and commitments to social justice.

Science.gov (United States)

Beer, Amanda M; Spanierman, Lisa B; Greene, Jennifer C; Todd, Nathan R

2012-01-01

This mixed methods study examined social justice commitments of counseling psychology graduate trainees. In the quantitative portion of the study, a national sample of trainees (n = 260) completed a web-based survey assessing their commitments to social justice and related personal and training variables. Results suggested that students desired greater social justice training than what they experienced in their programs. In the qualitative portion, we used a phenomenological approach to expand and elaborate upon quantitative results. A subsample (n = 7) of trainees who identified as strong social justice activists were interviewed regarding their personal, professional, and training experiences. Eleven themes related to participants' meanings of and experiences with social justice emerged within 4 broad categories: nature of social justice, motivation for activism, role of training, and personal and professional integration. Thematic findings as well as descriptive statistics informed the selection and ordering of variables in a hierarchical regression analysis that examined predictors of social justice commitment. Results indicated that trainees' perceptions of training environment significantly predicted their social justice commitment over and above their general activist orientation and spirituality. Findings are discussed collectively, and implications for training and future research are provided. (c) 2012 APA, all rights reserved.

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

Predictors of justice system involvement: Maltreatment and education.

Science.gov (United States)

Robertson, Angela A; Walker, Courtney S

2018-02-01

Decades of research have established that experience of abuse and/or neglect in childhood is related to negative outcomes, such as juvenile delinquency. Existing research has shown that involvement in child welfare services is also related to juvenile delinquency, particularly for children who are victims of neglect. Research has also identified educational factors such as chronic absenteeism as significant predictors of involvement in the juvenile justice system. However, little research has investigated the combined influence of educational factors, child abuse, and involvement in child protective services on justice system involvement. The current study examined the influence of educational factors and involvement in child protective services on justice system involvement. The study utilized records from an educational database of children who attended a school within a county of Mississippi in any year from 2003 through 2013. Cases were then matched with records from the county Youth Court, Law Enforcement agencies, and Child Protection Services. A multivariate logistic regression controlling for gender, race, current age, and time at risk was conducted to involvement in the justice system. In general, educational factors were stronger predictors of justice system involvement than allegations of maltreatment. Copyright © 2017 Elsevier Ltd. All rights reserved.

Organisational justice and mental health: a systematic review of prospective studies.

Science.gov (United States)

Ndjaboué, Ruth; Brisson, Chantal; Vézina, Michel

2012-10-01

The models most commonly used, to study the effects of psychosocial work factors on workers' health, are the demand-control-support (DCS) model and Effort-Reward Imbalance (ERI) model. An emerging body of research has identified Organisational Justice as another model that can help to explain deleterious health effects. This review aimed: (1) to identify prospective studies of the associations between organisational justice and mental health in industrialised countries from 1990 to 2010; (2) to evaluate the extent to which organisational justice has an effect on mental health independently of the DCS and ERI models; and (3) to discuss theoretical and empirical overlap and differences with previous models. The studies had to present associations between organisational justice and a mental health outcome, be prospective, and be entirely available in English or in French. Duplicated papers were excluded. Eleven prospective studies were selected for this review. They provide evidence that procedural justice and relational justice are associated with mental health. These associations remained significant even after controlling for the DCS and ERI models. There is a lack of prospective studies on distributive and informational justice. In conclusion, procedural and relational justice can be considered a different and complementary model to the DCS and ERI models. Future studies should evaluate the effect of change in exposure to organisational justice on employees' mental health over time.

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…

Culturally Responsive Teaching: Implications for Educational Justice

Science.gov (United States)

Bassey, Magnus O.

2016-01-01

Educational justice is a major global challenge. In most underdeveloped countries, many students do not have access to education and in most advanced democracies, school attainment and success are still, to a large extent, dependent on a student's social background. However, it has often been argued that social justice is an essential part of…

Using the Juvenile Justice Poster. Teaching Strategy.

Science.gov (United States)

Update on Law-Related Education, 2000

2000-01-01

Presents a lesson that can help students review and summarize what they have learned about the juvenile justice system. Explains that the students discuss how the juvenile justice system can be improved and conduct a survey on how it might be changed in the future. Provides a copy of the survey and directions. (CMK)

Economic globalisation and economic justice: Covenanting for ...

African Journals Online (AJOL)

The premise of this article is that ethical moral formation or 'covenanting for justice' leads to action. The covenanting church itself, in conjunction with other movements, works for justice in all areas of life. The article uses the six aspects of ethical moral formation of Heinz Tödt to analyse some aspects of economic ...

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…

Justice in Cyberwar

Directory of Open Access Journals (Sweden)

Klaus-Gerd Giesen

2014-06-01

Full Text Available http://dx.doi.org/10.5007/1677-2954.2014v13n1p27 The text aims at providing an ethical framework for cyber warfare. The latter is changing our understanding of war (and peace as well as the relationship between the human being and the machine. Rejecting Heidegger’s fatalistic stance towards technology it is argued that norms of international justice should be formulated in order to attempt to regulate this new military dimension. The potentially considerable destructive force of cyberweapon systems for civilian infrastructure is emphasized, especially as far as the « Internet of Things » (all physical objects connected to the Internet is concerned. In a foreseeable future cyberwar operations may kill many civilians. After defining the concept of cyberwar and explainig why it is a new and important moral issue, the paper heavily relies on just war ethics in order to reach norms for justice in cyberwar. It is shown that Immanuel Kant has not just been a philosopher of (perpetual peace, but (in the Metaphysics of Morals also a just war theorist who developed his normative framework in a fruitful dialog with Aquinas (against Vitoria and Suarez. His norms for jus ad bellum and jus in bello are carefully and critically applied to cyberwar. However, Kant’s major innovation in just war theory has been the concept of jus post bellum. The paper demonstrates how important this dimension of justice is in cyberwar, and how to apply it, including through recommendations for a treaty in international law.

Ethics, economics and the regulation and adoption of new medical devices: case studies in pelvic floor surgery

Science.gov (United States)

2010-01-01

Background Concern has been growing in the academic literature and popular media about the licensing, introduction and adoption of surgical devices before full effectiveness and safety evidence is available to inform clinical practice. Our research will seek empirical survey evidence about the roles, responsibilities, and information and policy needs of the key stakeholders in the introduction into clinical practice of new surgical devices for pelvic floor surgery, in terms of the underlying ethical principals involved in the economic decision-making process, using the example of pelvic floor procedures. Methods/Design Our study involves three linked case studies using, as examples, selected pelvic floor surgery devices representing Health Canada device safety risk classes: low, medium and high risk. Data collection will focus on stakeholder roles and responsibilities, information and policy needs, and perceptions of those of other key stakeholders, in seeking and using evidence about new surgical devices when licensing and adopting them into practice. For each class of device, interviews will be used to seek the opinions of stakeholders. The following stakeholders and ethical and economic principles provide the theoretical framework for the study: Stakeholders - federal regulatory body, device manufacturers, clinicians, patients, health care institutions, provincial health departments, and professional societies. Clinical settings in two centres (in different provinces) will be included. Ethics - beneficence, non-maleficence, autonomy, justice. Economics - scarcity of resources, choices, opportunity costs. For each class of device, responses will be analysed to compare and contrast between stakeholders. Applied ethics and economic theory, analysis and critical interpretation will be used to further illuminate the case study material. Discussion The significance of our research in this new area of ethics will lie in providing recommendations for regulatory bodies

Ethics, economics and the regulation and adoption of new medical devices: case studies in pelvic floor surgery

Directory of Open Access Journals (Sweden)

Ross Sue

2010-08-01

Full Text Available Abstract Background Concern has been growing in the academic literature and popular media about the licensing, introduction and adoption of surgical devices before full effectiveness and safety evidence is available to inform clinical practice. Our research will seek empirical survey evidence about the roles, responsibilities, and information and policy needs of the key stakeholders in the introduction into clinical practice of new surgical devices for pelvic floor surgery, in terms of the underlying ethical principals involved in the economic decision-making process, using the example of pelvic floor procedures. Methods/Design Our study involves three linked case studies using, as examples, selected pelvic floor surgery devices representing Health Canada device safety risk classes: low, medium and high risk. Data collection will focus on stakeholder roles and responsibilities, information and policy needs, and perceptions of those of other key stakeholders, in seeking and using evidence about new surgical devices when licensing and adopting them into practice. For each class of device, interviews will be used to seek the opinions of stakeholders. The following stakeholders and ethical and economic principles provide the theoretical framework for the study: Stakeholders - federal regulatory body, device manufacturers, clinicians, patients, health care institutions, provincial health departments, and professional societies. Clinical settings in two centres (in different provinces will be included. Ethics - beneficence, non-maleficence, autonomy, justice. Economics - scarcity of resources, choices, opportunity costs. For each class of device, responses will be analysed to compare and contrast between stakeholders. Applied ethics and economic theory, analysis and critical interpretation will be used to further illuminate the case study material. Discussion The significance of our research in this new area of ethics will lie in providing

How "moral" are the principles of biomedical ethics?--a cross-domain evaluation of the common morality hypothesis.

Science.gov (United States)

Christen, Markus; Ineichen, Christian; Tanner, Carmen

2014-06-17

The principles of biomedical ethics - autonomy, non-maleficence, beneficence, and justice - are of paradigmatic importance for framing ethical problems in medicine and for teaching ethics to medical students and professionals. In order to underline this significance, Tom L. Beauchamp and James F. Childress base the principles in the common morality, i.e. they claim that the principles represent basic moral values shared by all persons committed to morality and are thus grounded in human moral psychology. We empirically investigated the relationship of the principles to other moral and non-moral values that provide orientations in medicine. By way of comparison, we performed a similar analysis for the business & finance domain. We evaluated the perceived degree of "morality" of 14 values relevant to medicine (n1 = 317, students and professionals) and 14 values relevant to business & finance (n2 = 247, students and professionals). Ratings were made along four dimensions intended to characterize different aspects of morality. We found that compared to other values, the principles-related values received lower ratings across several dimensions that characterize morality. By interpreting our finding using a clustering and a network analysis approach, we suggest that the principles can be understood as "bridge values" that are connected both to moral and non-moral aspects of ethical dilemmas in medicine. We also found that the social domain (medicine vs. business & finance) influences the degree of perceived morality of values. Our results are in conflict with the common morality hypothesis of Beauchamp and Childress, which would imply domain-independent high morality ratings of the principles. Our findings support the suggestions by other scholars that the principles of biomedical ethics serve primarily as instruments in deliberated justifications, but lack grounding in a universal "common morality". We propose that the specific manner in which the principles

Justice according to Nsoyenyoni: An analysis of conflict resolution in ...

African Journals Online (AJOL)

Readers of the anthology AbaseGuswini LeZothamlilo may wonder if Nsoyenyoni's justice is jungle justice or something of his own making. Justice, punishment and revenge are discussed as concepts to establish their full meanings. This article also explores circumstances where Nsoyenyoni is involved in trying to level the ...

Justice blocks and predictability of U.S. Supreme Court votes.

Directory of Open Access Journals (Sweden)

Roger Guimerà

Full Text Available Successful attempts to predict judges' votes shed light into how legal decisions are made and, ultimately, into the behavior and evolution of the judiciary. Here, we investigate to what extent it is possible to make predictions of a justice's vote based on the other justices' votes in the same case. For our predictions, we use models and methods that have been developed to uncover hidden associations between actors in complex social networks. We show that these methods are more accurate at predicting justice's votes than forecasts made by legal experts and by algorithms that take into consideration the content of the cases. We argue that, within our framework, high predictability is a quantitative proxy for stable justice (and case blocks, which probably reflect stable a priori attitudes toward the law. We find that U.S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices. Deviations from ideal behavior are most apparent in divided 5-4 decisions, where justice blocks seem to be most stable. Moreover, we find evidence that justice predictability decreased during the 50-year period spanning from the Warren Court to the Rehnquist Court, and that aggregate court predictability has been significantly lower during Democratic presidencies. More broadly, our results show that it is possible to use methods developed for the analysis of complex social networks to quantitatively investigate historical questions related to political decision-making.

Putting Guatemala's justice system on trial | IDRC - International ...

International Development Research Centre (IDRC) Digital Library (Canada)

2004-12-03

Dec 3, 2004 ... English · Français ... [See: Justice Old and New in Guatemala] Their work is undertaken in ... Grounded in a methodology developed by the Justice Studies ... Research is also used to support civil society proposals for legal, ...

Race, crime and criminal justice in South Africa

CSIR Research Space (South Africa)

Bosilong, KP

2010-05-01

Full Text Available -1 Chapter Title: Race, crime and criminal justice in South Africa Bosilong, KP: CSIR DPSS, Pretoria Mbecke, P: CSIR DPSS, Pretoria ABSTRACT: This chapter begins with a brief tour of South Africa's justice and political systems, demographics...

A Treasure Trove of Information for Justice Reform

Directory of Open Access Journals (Sweden)

Ingo Keilitz

2015-07-01

Full Text Available This article is a review of European Judicial Systems – Edition 2014 (2012 Data: Efficiency and Quality of Justice, European Commission for the Efficiency of Justice, available online in full and summary versions at www.coe.int/cepej.

Performance evaluation, the justice perception and the employees reaction

Directory of Open Access Journals (Sweden)

Marcos David Fernández Palma

2009-12-01

Full Text Available In this paper we consider the perceptions of justice and the employees’ reactions in relation to the process of performanceevaluation from a theoretical perspective.From the bibliographical review , we can conclude that the employees see justice in the performance evaluation whenthey observe certain conditions identified in the theory and they make possible a real validation of this procedure withthe following adoption of positive behaviours stated in the objectives of the organization.Nevertheless, it is possible to improve the different aspects of the performance process in every company and alsoimprove the justice perception as well as the level of reactions, because each of them is related to a type of justice.

How Should Clinicians Respond to Medical Requests from Clinician Family Members of Patients?

Science.gov (United States)

Thurston, Andrew

2017-04-01

In the medical profession, receiving a request for medical management from a colleague is a routine experience. However, when the colleague is a family member of a patient and the desired or requested medical intervention is not medically indicated in the attending physician's view, the situation becomes more complicated. Ethical issues include respect for patient autonomy and social justice as well as nonmaleficence. Furthermore, interpersonal and professional relationships may be tested in this situation. Addressing the colleague's concerns with empathy and respect, without compromising one's own medical judgment, is critical in resolving these kinds of conflicts. © 2017 American Medical Association. All Rights Reserved.

Teaching corner: child family health international : the ethics of asset-based global health education programs.

Science.gov (United States)

Evert, Jessica

2015-03-01

Child Family Health International (CFHI) is a U.S.-based nonprofit, nongovernmental organization (NGO) that has more than 25 global health education programs in seven countries annually serving more than 600 interprofessional undergraduate, graduate, and postgraduate participants in programs geared toward individual students and university partners. Recognized by Special Consultative Status with the United Nations Economic and Social Council (ECOSOC), CFHI utilizes an asset-based community engagement model to ensure that CFHI's programs challenge, rather than reinforce, historical power imbalances between the "Global North" and "Global South." CFHI's programs are predicated on ethical principles including reciprocity, sustainability, humility, transparency, nonmaleficence, respect for persons, and social justice.

Operationalizing Social Justice Counseling: Paradigm to Practice

Science.gov (United States)

Lewis, Judith A.

2011-01-01

Social justice counseling, like all humanistic models, recognizes the dignity of each human being, affirms the right of all people to choose and work toward their own goals, and asserts the importance of service to community. The social justice paradigm brings a special emphasis on the role of the environment. (Contains 1 figure and 1 table.)

Justice seems not to be for all: the role played by justice perceptions in discrimination against immigrants

OpenAIRE

Nunes, Aline Vieira de Lima

2013-01-01

Doctor in Psychology This thesis aimed to examine how justice perceptions are related with the perpetuation of discrimination, exploring the role played by the scope of justice and belief in a just world (BJW) in the legitimation of discrimination against immigrants. Based on the assumptions of the Justified Discrimination Model (JDM), individuals need to search for justification in order to legitimize the discriminatory behaviour, preserving their self-image as a fair indiv...

6 CFR 11.13 - Referrals to the Department of Justice.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Referrals to the Department of Justice. 11.13 Section 11.13 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY CLAIMS § 11.13 Referrals to the Department of Justice. Referrals of debts to the Department of Justice for collection will...

Choosing children: intergenerational justice?

Science.gov (United States)

Doyal, Len; McLean, Sheila

2005-03-01

In this discussion, we argue that the concept of intergenerational justice, usually used in environmental matters, is applicable to reproductive decisions also. Additionally, we propose that this permits certain reproductive choices to be made prior to conception or during the pregnancy, and that these choices should not be confined to clinical concerns. In particular, we argue that consideration of the interests of future children should be viewed from the perspective of objective well-being. That being the case, decisions about the sex of future offspring can, in terms of intergenerational justice, be legitimate. We do not argue that every reproductive choice is legitimate; for example it would not be legitimate deliberately to choose characteristics that prevent future children from potentially successful participation in social life.

Domestic violence and the criminal justice system: an overview.

Science.gov (United States)

Erez, Edna

2002-01-01

It is only recently that domestic violence has been considered a violation of the law. Although men have battered, abused and mistreated their wives or intimate partners for a long time, historically, wife or partner abuse has been viewed as a "normal" part of marriage or intimate relationships. Only towards the end of the twentieth century, in the 1970 s, has domestic violence been defined a crime, justifying intervention by the criminal justice system. This article surveys the history of domestic violence as a criminal offense, and the justice system response to woman battering incidents. It first discusses the definition of the offense including debates around the offense definition, and the prevalence and reported frequency of the behavior termed woman battering. It then reviews the legal and social changes over time that have altered the criminal justice system s approach to domestic violence. Next it outlines the responses of the police, and the prosecution of domestic violence. The article also discusses research findings related to domestic violence and the criminal justice system, along with current controversies concerning the justice approach to domestic violence, its law enforcement, and related unfolding trends in the movement to address domestic violence through the criminal justice system.

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.

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.

Environmental Justice: A Panoptic Overview Using Scientometrics

Directory of Open Access Journals (Sweden)

Jake R. Nelson

2018-03-01

Full Text Available Since its initial introduction in the 1970s, the field of environmental justice (EJ continues to grow, with significant contributions from the disciplines of sustainability science, geography, political science, public policy and administration, urban planning, law, and many others. Each of these disciplines approach EJ research from slightly different perspectives, but all offer unique and valuable insight to the EJ knowledge domain. Although the interdisciplinary nature of environmental justice should be viewed as a strength, it presents a challenge when attempting to both summarize and synthesize key contributions to the field, due to disciplinary bias, narrow subfield foci, or gaps in knowledge by a research team without a representative disciplinary composition. The purpose of this paper is to provide a succinct, panoptic review of key research contributions to environmental justice, while simultaneously minimizing common problems associated with traditional reviews. In particular, this paper explores the utility of co-citation network analysis, to provide insight into the most important subdomains of environmental justice research. The results suggest that while early EJ research is initially focused on environmental disamenities and a continued focus on race and inequality, the research gradually shifts to foci more concerned with environmental amenities, such as parks and greenspace. We also find that race and inequality remain an important and consist line of research over the duration of the study time period. Implications for environmental justice research and its allied subfields are discussed.

Intergenerational justice: how reasonable man discounts climate damage

NARCIS (Netherlands)

Davidson, M.D.

2012-01-01

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

Solidarity, space, and race: toward geographies of agrifood justice

OpenAIRE

Slocum , Rachel; Cadieux , Kirsten ,; Blumberg , Renata

2016-01-01

International audience; The editors of this special issue pose the cogent overarching question, what are the spatial dimensions of food justice? In essence, the questions 'what is food justice and how is it practiced?' cannot fully be answered without understanding space. The radical analysis implicit in food justice draws on an understanding of the social structures underlying inequalities evident in the socio-spatial organization of food systems. We suggest there are four interrelated nodes...

Justice in human research ethics. A conceptual and practical guide.

Science.gov (United States)

Pieper, Ian; Thomson, Colin J H

2013-03-01

One of the core values to be applied by a body reviewing the ethics of human research is justice. The inclusion of justice as a requirement in the ethical review of human research is relatively recent and its utility had been largely unexamined until debates arose about the conduct of international biomedical research in the late 1990s. The subsequent amendment of authoritative documents in ways that appeared to shift the meaning of conceptions of justice generated a great deal of controversy. Another difficulty has been that both the theory and the substance of justice that are applied by researchers or reviewers can be frequently seen to be subjective. Both the concept of justice--hether distributive or commutative--and what counts as a just distribution or exchange--are given different weight and meanings by different people. In this paper, the origins and more recent debates about the requirement to consider justice as a criterion in the ethical review of human research are traced, relevant conceptions of justice are distinguished, and the manner in which they can be applied meaningfully in the ethical review of all human research is identified. We also explain the way that these concepts are articulated in, and the intent and function of, specific paragraphs of the National Statement on Ethical Conduct in Human Research (2007). The National Statement identifies a number of issues that should be considered when a human research ethics committee is reviewing the justice aspects of an application. We provide guidance to researchers as to how they can show that there is a fair distribution of burdens and benefits in the participant experience and the research outcomes. We also provide practical guidance to researches on how to think through issues of justice so that they can demonstrate that the design of their research projects meets this ethical requirement.

49 CFR 1018.72 - Referral to the Department of Justice.

Science.gov (United States)

2010-10-01

... 49 Transportation 8 2010-10-01 2010-10-01 false Referral to the Department of Justice. 1018.72... Claim § 1018.72 Referral to the Department of Justice. (a) Claims for which the gross original amount is... Justice, Washington, DC 20530. Claims for which the gross original amount is $500,000 or less must be...

Towards an Explicit Justice Framing of the Social Impacts of Conservation

Directory of Open Access Journals (Sweden)

Adrian Martin

2015-01-01

Full Text Available This paper proposes that biodiversity conservation practice will benefit from assessment of environmental justice outcomes, especially in contexts of poverty and social marginalisation. Whilst there is an existing body of work that implicitly considers the justices and injustices arising from biodiversity conservation interventions, we suggest that a more explicit justice assessment might complement this work. We develop some general guidelines for such assessment, drawing on traditions of social and environmental justice, highlighting the importance of considering two types of justice outcome: distribution and recognition. We note the non-equivalence of these different justice values, implying that they cannot be traded-off against each other. We try out these guidelines through a case study of the Bwindi Impenetrable National Park in Uganda. We find that the assessment helps us to identify intolerable social impacts of conservation, notably failures to adequately address the long-term impoverishment and domination of the indigenous Batwa people, and offers constructive insight for how conservation can better align with the need for environmental justice.

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

DEFF Research Database (Denmark)

Nielsen, Lasse; Axelsen, David Vestergaard

2012-01-01

Setting out to defend luck egalitarianism in matters of justice in health, Shlomi Segall outlines a pluralistic version of the luck egalitarian framework allowing egalitarian justice to be traded-off against other moral requirements. The suggested pluralism enables luck egalitarian justice...... to coexist with a concern for meeting everyone’s basic needs thereby avoiding Elizabeth Anderson’s ‘abandonment objection’. In this article, we present three objections to Segall’s luck egalitarian justice in health. Firstly, the account is vulnerable to the common objection that luck egalitarianism becomes...... too expansive, and that Segall’s defence against this is inadequate. Secondly, Segall’s pluralist attempt to balance luck egalitarian justice and other moral requirements ends up compromising its own ideal of justice. Due to the fact that resource scarcity is the reality of health and health care...

Ethical dilemmas related to predictions and warnings of impending natural disaster.

Science.gov (United States)

Phua, Kai-Lit; Hue, J W

2013-01-01

Scientists and policy makers issuing predictions and warnings of impending natural disaster are faced with two major challenges, that is, failure to warn and issuing a false alarm. The consequences of failure to warn can be serious for society overall, for example, significant economic losses, heavy infrastructure and environmental damage, large number of human casualties, and social disruption. Failure to warn can also have serious for specific individuals, for example, legal proceedings against disaster research scientists, as in the L'Aquila earthquake affair. The consequences of false alarms may be less serious. Nevertheless, false alarms may violate the principle of nonmaleficence (do no harm), affect individual autonomy (eg, mandatory evacuations), and may result in the "cry wolf" effect. Other ethical issues associated with natural disasters include the promotion of global justice through international predisaster technical assistance and postdisaster aid. Social justice within a particular country is promoted through greater postdisaster aid allocation to the less privileged.

Social justice considerations in neonatal care for nurse managers and executives.

Science.gov (United States)

Yoder, Linda; Walden, Marlene; Verklan, M Terese

2010-01-01

This article presents the struggle between social justice and market justice within the current health care system, specifically issues affecting neonatal care. Community benefit is described and discussed as an aspect of social justice demonstrated by hospitals. The federal and state Children's Health Insurance Program also is discussed in relation to social justice and health care costs. Implications for managers and executives overseeing neonatal care are presented in relation to the economic and social issues.

Can justice coexist with the supremacy of personal values in nursing practice?

Science.gov (United States)

Liaschenko, J

1999-02-01

This article explores a relationship between justice and personal values, typically understood as illustrative of universalist and particularist accounts of morality, and therefore, as oppositional. The possibility of the coexistence of personal values and justice depends on the conceptualization of justice and the nature of the personal values. In contrast to traditional conceptions, the author presents an alternative and feminist view of justice in which the universalist and particularist accounts of morality need not conflict. The author argues that personal values that work in such a way so as to include previously marginalized others in the group of those who have access to the goods of social life are the personal values that are compatible with justice. In conclusion, the author focuses on the implications for the care/justice debate, the necessity of political participation, and the importance of educating for justice.

Mentoring Function and Quality of Supervisor Auditor Relationship: Organizational Justice as A Mediation

Directory of Open Access Journals (Sweden)

Rahmawati Rahmawati

2017-06-01

Full Text Available This study empirically examines the antecedents and consequences of organization justice consisting of distributive justice, procedural justice, and interactional justice. The hypothesis of this study are mentoring function positive effect on organization justice, organizational justice positive effect on quality of supervisor-auditor relationship, mentoring function positive effect on quality of supervisor-auditor relationship. In additional, this study also hypothesized that organization justice as mediation between mentoring functions and quality of supervisor-auditor relationship. This study is a survey of 228 government internal auditors of Financial and Development Supervisory Agency-Badan Pengawasan Keuangan dan Pembangunan (BPKP in Java-Bali Indonesia. The technique of collecting data using questionnaires. Test hypotheses using path analysis with SEM-AMOS. The results showed that mentoring function positive effect on organization justice, organizational justice positive effect on quality of supervisor-auditor relationship, mentoring function positive effect on quality of supervisor-auditor relationship. The study also provide an empirical finding that organization justice as mediation between mentoring functions and quality of supervisor-auditor relationship. The study provides recommendations to the BPKP in solving the problems faced by the government in realizing good and clean governance. This study is the first empirically examines the potential benefit of organization justice as a mediation between mentoring function and quality of supervisor-auditor relationship.

Design for the values of democracy and justice

NARCIS (Netherlands)

Pols, A.J.K.; Spahn, A.; Hoven, van den J.; Vermaas, P.; Poel, van de I.

2015-01-01

In this chapter, we provide an overview of literature on the relation between technology and design and the values of democracy and justice. We first explore how philosophy has traditionally conceptualized democracy and justice. We then examine general philosophical theories and arguments about this

Federalism and social justice: implications for social work.

Science.gov (United States)

Linhorst, Donald M

2002-07-01

Federalism is a system of government that divides power between two or more levels of government. During the current conservative political climate in the United States, power has shifted increasingly from the federal government to states, a move that has implications for the achievement of social justice. Consequently, it is now necessary for social workers to engage in political activity at the state and local levels, in addition to the federal level, to promote social justice. Implications for social work policy practice, research, and education for advancing social justice within the federal system of government are explored.

Ending Sexual Violence Through Transformative Justice

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Judith Armatta

2018-02-01

Full Text Available Sexual violence is used to maintain what Dr. Riane Eisler (1990 conceptualizes as the dominator model of society. The early days of the feminist anti-violence movement focused on changing the dominator model, but, in part, this focus was co-opted by seeking criminal justice solutions, contributing to punitive responses and mass incarceration that have been ineffective in ending sexual violence. The racist history of the rape charge and its disproportionate effect on people of color, an effect that continues today. Legislators have passed draconian laws that uniquely apply to anyone convicted of a sex offense, the definition of which has been broadened to encompass harmless behavior. A separate legal regime for sex offenders that isolates them from society and marks them for life as monsters obfuscates the causes of sexual violence and contributes to the problem. The feminist anti-violence movement remains influential, though little recognized, in today’s efforts to respond to sexual violence through restorative justice and transformative justice. A number of groups have adopted the RJ/TJ model, in particular women of color. The article provides examples of successful and unsuccessful implementation of RJ/TJ and discusses impediments to wider adoption of this approach. RJ/TJ is a promising alternative to the current criminal justice response to sexual assault, one that will bring us closer to a partnership culture.

'Better justice?' or 'shambolic justice?': Governments' use of information technology for access to law and justice, and the impact on regional and rural legal practitioners

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Caroline Hart

2017-04-01

Full Text Available This paper reports the results of a study on whether government use of information technology potentially compromises access to law and justice by Queensland regional and rural (RR legal practitioners. The paper describes current approaches to the use of information technology by state and federal governments, and provides an insight into the challenges and opportunities identified by individual RR legal practitioners, policy-makers and the judiciary on the use of such technology. The paper makes recommendations to promote increased access to law and justice for RR legal practitioners when using government information technology.

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

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Zimányi Róbert G.

2018-03-01

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

The Child Justice Act : A Detailed Consideration of Section 68 as a ...

African Journals Online (AJOL)

The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children out of detention and away from the formal criminal justice system, mainly through diversion. When these ...

Gendered violence and restorative justice: the views of victim advocates.

Science.gov (United States)

Curtis-Fawley, Sarah; Daly, Kathleen

2005-05-01

The use of restorative justice for gendered violence has been debated in the feminist literature for some time. Critics warn that it is inappropriate because the process and outcomes are not sufficiently formal or stringent, and victims may be revictimized. Proponents assert that a restorative justice process may be better for victims than court because it holds offenders accountable and gives victims greater voice. This article presents what victim advocates in two Australian states think about using restorative justice for gendered violence. We find that although victim advocates have concerns and reservations about restorative justice, most saw positive elements.

Emancipatory Nursing Praxis: A Theory of Social Justice in Nursing.

Science.gov (United States)

Walter, Robin R

Emancipatory nursing praxis (ENP) is a middle-range nursing theory of social justice developed from an international, grounded theory study of the critical factors influencing nurses' perceptions of their role in social justice. The ENPs implementing processes (becoming, awakening, engaging, and transforming) and 2 conditional contexts (relational and reflexive) provide an in-depth understanding of the transformative learning process that determines nurse engagement in social justice. Interpretive findings include the voice of Privilege primarily informed ENP theory, the lack of nursing educational and organizational support in social justice role development, and the advocate role should expand to include the role of an ally.

"Restorative Justice": History of the Term's International and Danish Use

DEFF Research Database (Denmark)

Gade, Christian B. N.

2018-01-01

In this article, I explore the historical origin and development of the use of the term “restorative justice” in published sources. The main argument is that the growing popularity of the term and its expanding use makes increasingly blurred what restorative justice is. I begin by investigating....... In the 2000s, the term began to appear in United Nations and European Union documents, illustrating that restorative justice had become an internationally recognised approach to justice. After describing this international development, I analyse the Danish context, where the term “restorative justice” began...... to appear in writings around the year 2000. Around the same time, the existing Danish victim offender mediation programme became connected to restorative justice. Later, Danish practices outside the area of criminal justice became associated with the term. In conclusion, I argue that a potential problem...

THE RELATIONSHIP BETWEEN ORGANIZATIONAL JUSTICE AND TURNOVER INTENTION OF HOSPITAL NURSES IN IRAN

Science.gov (United States)

Tourani, Sogand; Khosravizadeh, Omid; Omrani, Amir; Sokhanvar, Mobin; Kakemam, Edris; Najafi, Behnam

2016-01-01

Background: Despite advances in science and technology, human resources are of the major capital for organizations. Workforce retention is required to improve organizational efficiencies. Objective: Therefore, in this study, the relationship between organizational justice (as one of the most influential factors) and turnover intention was investigated. Methods: This descriptive-analytic study was done in the Comprehensive Jame Women’s Hospital of Tehran in 2015. The statistical sample consisted of 135 nursing staff members. The data were collected using a questionnaire of Beugre’s organizational justice and analyzed by the use of Spearman’s and Anova statistical tests. Results: Averages of organizational justice was obtained to be 68.85 ± 7.67 . Among different sorts of organizational justice, the highest average score of 75.24 ± 16.68 was achieved relevant to interactional justice. A significant relationship was observed between organizational justice (r = -0.36), interactional justice (r = -0.38), and procedural justice (r = -0.36) and turnover intention, but no relation was found between turnover intention and systemic and distributive justice. Furthermore, there was no relationship between demographic variables, organizational justice, and turnover intention. Conclusion: Considering the prominent role of organizational justice in the personnel’s intention to stay or leave and due to the high costs of recruiting and training new staff, managers should pay especial attention to justice and provide their employees’ satisfaction and stability in their organizations by creating a positive mindset in them. PMID:27482163

28 CFR 0.94 - Office of Juvenile Justice and Delinquency Prevention.

Science.gov (United States)

2010-07-01

... Delinquency Prevention. 0.94 Section 0.94 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE... Delinquency Prevention. The Office of Juvenile Justice and Delinquency Prevention is headed by an...., relating to juvenile delinquency, the improvement of juvenile justice systems and missing children. ...

Justice at work and metabolic syndrome: the Whitehall II study.

Science.gov (United States)

Gimeno, David; Tabák, Adám G; Ferrie, Jane E; Shipley, Martin J; De Vogli, Roberto; Elovainio, Marko; Vahtera, Jussi; Marmot, Michael G; Kivimäki, Mika

2010-04-01

Growing evidence shows that high levels of justice are beneficial for employee health, although biological mechanisms underlying this association are yet to be clarified. We aim to test whether high justice at work protects against metabolic syndrome. A prospective cohort study of 20 civil service departments in London (the Whitehall II study) including 6123 male and female British civil servants aged 35-55 years without prevalent coronary heart disease at baseline (1985-1990). Perceived justice at work was determined by means of questionnaire on two occasions between 1985 and 1990. Follow-up for metabolic syndrome and its components occurring from 1990 to 2004 was based on clinical assessments on three occasions over more than 18 years. Cox proportional hazard models adjusted for age, ethnicity and employment grade showed that men who experienced a high level of justice at work had a lower risk of incident metabolic syndrome than employees with a low level of justice (HR 0.75; 95% CI 0.63 to 0.89). There was little evidence of an association between organisational justice and metabolic syndrome or its components in women (HR 0.88; 95% CI 0.67 to 1.17). Our prospective findings provide evidence of an association between high levels of justice at work and the development of metabolic syndrome in men.

Mental health services costs within the Alberta criminal justice system.

Science.gov (United States)

Jacobs, Philip; Moffatt, Jessica; Dewa, Carolyn S; Nguyen, Thanh; Zhang, Ting; Lesage, Alain

2016-01-01

Mental illness has been widely cited as a driver of costs in the criminal justice system. The objective of this paper is to estimate the additional mental health service costs incurred within the criminal justice system that are incurred because of people with mental illnesses who go through the system. Our focus is on costs in Alberta. We set up a model of the flow of all persons through the criminal justice system, including police, court, and corrections components, and for mental health diversion, review, and forensic services. We estimate the transitional probabilities and costs that accrue as persons who have been charged move through the system. Costs are estimated for the Alberta criminal justice system as a whole, and for the mental illness component. Public expenditures for each person diverted or charged in Alberta in the criminal justice system, including mental health costs, were $16,138. The 95% range of this estimate was from $14,530 to $19,580. Of these costs, 87% were for criminal justice services and 13% were for mental illness-related services. Hospitalization for people with mental illness who were reviewed represented the greatest additional cost associated with mental illnesses. Treatment costs stemming from mental illnesses directly add about 13% onto those in the criminal justice system. Copyright © 2016 Elsevier Ltd. All rights reserved.

Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

OpenAIRE

Nouwen, Sarah Maria; Werner, Wouter G

2014-01-01

Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation with global justice come with a profound risk: alternative conceptions of justice can be marginalized. Based on field work in Uganda and Sudan, we present ...

Justice at Work, Job Stress, and Employee Health

Science.gov (United States)

Fujishiro, Kaori; Heaney, Catherine A.

2009-01-01

A small but growing literature has documented an association between justice at work and employee health. However, the pathways and mechanisms underlying this association are not well understood. This article proposes a conceptual framework that bridges the organizational justice, occupational stress, and occupational epidemiology literatures.…

Critical Constructivism: Interpreting Mathematics Education for Social Justice

Science.gov (United States)

Skovsmose, Ole

2018-01-01

The notion of social justice has been addressed from the perspective of 'ethical realism' and 'ethical anarchistic'. Here, however, the possibility of 'ethical constructivism' becomes formulated. With departure in Rawls' description of an idealised meeting defining social justice, the initial steps into ethical constructivism become taken.…

Jesuit Promotion of Social Justice. Social Justice Action at Jesuit Universities in Spain, as Assessed by Teaching and Research Staff

Science.gov (United States)

Vivanco, Borja

2018-01-01

A substantive and differentiating element of the Jesuits' university paradigm is the promotion of social justice. The results of a telephone poll conducted amongst professors and researchers convey the initiatives to further social justice that Jesuit universities in Spain have been carrying out primarily since the 1990s. Although still a limited…

Northern Ireland in Transition: The Role of Justice

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Christian Mailhes

2005-03-01

Full Text Available All post-conflict societies switching to constitutional liberal democracies have to deal with their past through transitional justice mechanisms that offer to hear the victims, try the perpetrators of all types of abuses, introduce peace and reconciliation schemes. It is time for state and non-state organs to account for past crimes. Several countries have successfully tested such mechanisms. Northern Ireland is the ideal ground for transitional justice to operate but it dispels foreign tailor-made models. However, a number of major reforms and projects have addressed sensitive issues in the wake of the Good Friday Agreement. Two key institutions, the police and the criminal justice system, whose responsibility in the conflict was undeniable, have been reformed. Law and lawyers are concerned with these changes and the introduction of a Human Rights culture in Northern Ireland. A clear break with the past must be achieved for transitional justice mechanisms to work successfully.

Restorative Justice Of Adjudication On The Household Violence

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Srigandawati

2017-06-01

Full Text Available The essence of restorative justice in the settlement of household violence is very important as bridge for peace of the parties to restoring good relations between the perpetrator and victim both the direct and indirect victim the family of victim. The type of research is socio-legal research with the normative law method doctrinal research. The results shows that the implementation of restorative justice of adjudication on household violence cases can be applied although there is no legal arrangement. The judge may apply in its judgment based on the fact that the judge cannot refuse a case because of a law that does not exist or it is unclear. Judges are required to explore the values that live within society to discover the law. It can be concluded that restorative justice has been acknowledged by its existence in the adjudication as the purpose of punishment. Similar perceptions are required for law enforcers concern the concept of restorative justice as the purpose of punishment.

Environmental justice and environmental inequalities: A European perspective

International Nuclear Information System (INIS)

Laurent, Eloi

2010-03-01

In this paper, I highlight a pressing issue facing current and future social policies in the EU: the articulation between social justice and environmental concerns. European social policies have only recently acknowledged the need to integrate the notions of environmental justice and environmental inequalities, which have been part of the US policy arsenal for almost two decades. Indeed, challenges to equality and fairness in the environmental domain are many and growing in Europe. After having defined environmental justice and environmental inequalities in the light of historical developments and recent literature, I address two dimensions of those challenges for the EU: vulnerability and exposure to environmental risk; social fairness in environmental taxation. I finally offer some thoughts on the importance of the justice approach to environmental issues in order to conceive legitimate 'socio-ecological policies' able to change in the long run not only behaviours but attitudes of citizens towards the environment. (author)

Organisational justice and smoking: the Finnish Public Sector Study.

Science.gov (United States)

Kouvonen, Anne; Vahtera, Jussi; Elovainio, Marko; Cox, Sara J; Cox, Tom; Linna, Anne; Virtanen, Marianna; Kivimäki, Mika

2007-05-01

To examine the extent to which the justice of decision-making procedures and interpersonal relationships is associated with smoking. 10 municipalities and 21 hospitals in Finland. Cross-sectional data derived from the Finnish Public Sector Study were analysed with logistic regression analysis models with generalised estimating equations. Analyses of smoking status were based on data provided by 34,021 employees. Separate models for heavy smoking (> or = 20 cigarettes/day) were calculated for 6295 current smokers. After adjustment for age, education, socioeconomic position, marital status, job contract and negative affectivity, smokers who reported low procedural justice were about 1.4 times more likely to smoke > or = 20 cigarettes/day compared with their counterparts who reported high levels of justice. In a similar way, after adjustments, low levels of justice in interpersonal treatment was significantly associated with an increased prevalence of heavy smoking (OR 1.35, 95% CI 1.03 to 1.77 for men and OR 1.41, 95% CI 1.09 to 1.83 for women). Further adjustment for job strain and effort-reward imbalance had little effect on these results. No associations were observed between justice components and smoking status or ex-smoking. The extent to which employees are treated with justice in the workplace seems to be associated with smoking intensity independently of established stressors at work.

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 healthcar...... 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.......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...

COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

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Ioana Nely Militaru

2015-11-01

Full Text Available Court of Justice of the European Union (CJEU performs according to its competence, the position of International Justice in solving disputes between two or more subjects of international law. International jurisdiction of the Court of Justice of the EU is - mandatory that each Member State has the opportunity to seize this court if it considers that another state violated an obligation incumbent upon it under Union Treaties; - optional in disputes between Member States in connection with the subject Union Treaties.

Long-Term Effectiveness of a Brief Restorative Justice Intervention.

Science.gov (United States)

Kennedy, Joseph L D; Tuliao, Antover P; Flower, KayLee N; Tibbs, Jessie J; McChargue, Dennis E

2018-06-01

This research investigated the effectiveness of a brief Restorative Justice Intervention. Probationers who attended a Restorative Justice Intervention ( n = 383) were compared with probationers receiving treatment as usual ( n = 130) over a 2- to 6-year follow-up period. The proportion of individuals who recidivated in the control condition ( n = 89, 68.46%) were higher compared with those who recidivated in the intervention condition ( n = 127, 33.16%; z = 7.04, p restorative justice. Implications of these effects are discussed.

From justice in planning toward planning for justice: A capability approach

NARCIS (Netherlands)

Basta, Claudia

2016-01-01

This article discusses the relevance of Rawls’ Theory and Sen’s Idea of justice to contemporary planning theory by drawing on the writings of the two philosophers. Besides providing a comprehensive account of what the two respective frameworks imply for the foundation of public planning and for the

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

Relational Restorative Justice Pedagogy in Educator Professional Development

Science.gov (United States)

Vaandering, Dorothy

2014-01-01

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

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

Urban land acquisition and social justice in Ethiopia

African Journals Online (AJOL)

Keywords: access to land, land lease, social justice, tenure security, urban land policy. I. INTRODUCTION ... As Mattew Robinson put it correctly, social justice embraces virtues including “share of common humanity .... But such tenure security will not, by its own, reduce poverty and bring about sustainable development.10.

Economizing justice: Turning equity claims into lower energy tariffs in Chile

International Nuclear Information System (INIS)

Alvial-Palavicino, Carla; Ureta, Sebastián

2017-01-01

This paper considers the issue of how energy justice is economized; how political and ethical claims about particular energy (in)justices are turned into economic valuations. Drawing on science and technology studies, we present a conceptual framework that understands economization as emerging from three interrelated processes: problematization, framing and overflowing. Applying this framework to the drafting of new energy legislation in Chile, we trace how perceived shortcomings in equity and distributional justice were turned into “market failures,” able to be resolved by market-based mechanisms. This case highlights the dangers implicit in the uncritical economization of energy justice claims, in which ethical considerations regarding the distribution of risks and benefits of energy production and provision are reduced to a redistribution of payments among consumers – something that limits the possibilities for structural reform. - Highlights: • The implementation of an electricity equity tariff is discussed. • A process of economization transforms equity demands into market devices. • Energy justice, as mobilized in the policy process, includes multiple forms of justice. • Competition between these multiple forms fails to deliver a complete form of justice.

A Functional Perspective on the Justice Judgment Process and Its Consequences

OpenAIRE

Wijn, R.

2009-01-01

A vast body of research points to the importance of justice to people. Justice exists between individuals and groups of individuals and is thus a social phenomenon. Communication constitutes an important part of the social construction of what is considered fair or unfair. It is for this reason that an examination of how and when people talk about justice, and what the consequences of such communications are, is so important. I suggest that justice can be employed by people (e.g., by adopting...

Princípio de autonomia: Direito a dispormos de nós próprios até ao limite? A propósito de um caso clínico

Directory of Open Access Journals (Sweden)

Filipe Monteiro

2009-05-01

Full Text Available Resumo: Todo o acto médico deve estar assente em princípios éticos. Estes códigos de conduta que regem a relação do médico com o doente são dirigidos ao médico (princípio de beneficência e não maleficência ou orientados para o doente (princípio de autonomia. Assim sendo, em determinadas circunstâncias, pode haver alguma tensão entre os princípios.Tendo como ponto de partida um caso clínico, é feita uma reflexão à atitude do médico numa situação de conflito de princípios, à luz de fundamentos éticos, bem como numa perpectiva jurídica.Rev Port Pneumol 2009; XV (3: 529-536 Abstract: The doctor-patient relationship should be established in ethical principles. The codes of conduct that guide the relation between the doctor and the patient are addressed to the physician (principle of beneficence and non-maleficence or oriented to the patient (principle of autonomy. As such, in certain circumstances there can be some tension between the principles.Based on a case report in a setting of principles conflict, ethical and legal considerations are made so far as the doctor’s attitude is concerned.Rev Port Pneumol 2009; XV (3: 529-536 Palavras-chave: Princípio de beneficência, princípio de autonomia, consentimento informado, conflito de princípios, Key-words: Principle of beneficence, principle of autonomy, informed consent, principles conflict

Air Pollution and Environmental Justice Awareness

Science.gov (United States)

Bouvier-Brown, N. C.

2014-12-01

Air pollution is not equally dispersed in all neighborhoods and this raises many social concerns, such as environmental justice. "Real world" data, whether extracted from online databases or collected in the field, can be used to demonstrate air quality patterns. When students explore these trends, they not only learn about atmospheric chemistry, but they also become socially aware of any inequities. This presentation outlines specific ways to link air pollution and environmental justice suitable for an undergraduate upper division Air Pollution or Atmospheric Chemistry course.

Exploring Intervening Influence of Interactional Justice between Procedural Justice and Job Performance: Evidence from South Asian Countries

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Muhammad Ashraf

2018-02-01

Full Text Available The paper investigates the intervening influence of interactional justice between procedural justice and job performance (task, contextual and adaptive performance of the faculty members of Karachi (Pakistan and Dhaka (Bangladesh based government colleges by using Structural Equation Modelling (SEM. Data, for this study, has been collected through pre-designed close-ended questionnaire. The intervening variable fully mediated the relationship between procedural justice and job performance. The result of this study indicates that the performance of government college faculty members can be improved by ensuring fair procedures and dignified treatment of faculty members in the working environment. It can be concluded that teachers can accommodate harsh procedures, subject to courteously and fairly communicated. Significance of this study is that it has investigated the least researched areas in Pakistan and Bangladesh. Its findings can be helpful to the government and college administration while making and implementing policies for college education development in both countries

Pardon in the light of restorative justice

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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. .

The feasibility Problem in Theorizing Social Justice

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Eugen Huzum

2012-10-01

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

Transformative Justice as a Way of Permitting Women's Perspectives in Liberian Transitional Justice

DEFF Research Database (Denmark)

Ammann, Theresa

In recent years, the field of transitional justice—originally rooted within the area of law—has gained recognition and input from a growing number of different disciplines (e.g., anthropology, politics, psychology). While this expansion has allowed the field to become more holistic it has also...... in Liberia’s transitional justice efforts—namely, women and particularly female ex-combatants. The paper will, therefore, be based on a literature review which will draw its conclusions from existing research within the fields of anthropology, human security, peace & conflict studies, political sciences......, and psychology. With regards to Liberian peacebuilding; this paper will argue for the necessity to balance juridical, political, cultural, social, and psychological needs in peacebuilding to achieve transformative justice—rather than transitional justice. Questions such as, “How were women neglected...

78 FR 57177 - Meeting of the Office of Justice Programs' Science Advisory Board

Science.gov (United States)

2013-09-17

... advice in the areas of science and statistics for the purpose of enhancing the overall impact and... designated six (6) subcommittees: National Institute of Justice (NIJ); Bureau of Justice Statistics (BJS); Office of Juvenile Justice and Delinquency Prevention (OJJDP); Bureau of Justice Assistance; Quality and...

An investigation on the effects of justice on customer’s trust in insurance firms

Directory of Open Access Journals (Sweden)

Hosseinali Aziziha

2014-02-01

Full Text Available This paper presents an investigation on the effects of various components of justice including distributive justice, interactional justice and procedural justice on building a mutual trust among customers in insurance firms. The proposed study of this paper uses a questionnaire originally developed by Daniels [Daniels, N. (1996. Justice and justification: Reflective equilibrium in theory and practice (Vol. 22. Cambridge: Cambridge University Press.] and designs a questionnaire for measuring trust. The study was performed among 384 people who had used insurance services in city of Tehran, Iran. Cronbach alphas for two questionnaires of justice and trust are 0.799 and 0.935, respectively, which are well above the minimum acceptable level. Using Spearman correlation test, the study has detected that two justice components, interactional justice and procedural justice, positively influence on customers’ trust, significantly.

Using Supervision to Prepare Social Justice Counseling Advocates

Science.gov (United States)

Glosoff, Harriet L.; Durham, Judith C.

2010-01-01

Over the past several years, there has been an increased focus on integrating not only multiculturalism in the counseling profession, but also advocacy and social justice. Although the professional literature addresses the importance of cultural competence in supervision, there is a paucity of information about social justice advocacy in relation…

Head Teachers' Leadership for Social Justice and Inclusion

Science.gov (United States)

Liasidou, Anastasia; Antoniou, Androniki

2015-01-01

This article is concerned with exploring the ways in which head teachers' leadership for social justice is understood and enacted within the context of inclusion. Head teachers' leadership praxis is influenced by individual understandings of social justice, as well as dominant institutional realities and policy priorities that indicate the extent…

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

Directory of Open Access Journals (Sweden)

Ronald van den Hoogen

2008-01-01

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

Social justice and the formal principle of freedom

Directory of Open Access Journals (Sweden)

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.

Social Justice and Resilience for African American Male Counselor Educators: A Phenomenological Study

Science.gov (United States)

Dollarhide, Colette T.; Mayes, Renae D.; Dogan, Sabri; Aras, Yahyahan; Edwards, Kaden; Oehrtman, J. P.; Clevenger, Adam

2018-01-01

In this phenomenological study, the authors interviewed 4 African American male counselor educators about their social justice efforts. Resulting themes were lifelong commitment to social justice, reaction to resistance, professional and personal support, and the meaning of social justice work. Findings suggest that social justice work can…

Setting a minimum age for juvenile justice jurisdiction in California.

Science.gov (United States)

S Barnert, Elizabeth; S Abrams, Laura; Maxson, Cheryl; Gase, Lauren; Soung, Patricia; Carroll, Paul; Bath, Eraka

2017-03-13

Purpose Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues. Design/methodology/approach In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice jurisdiction. Findings Existing evidence suggests that children lack the cognitive maturity to comprehend or benefit from formal juvenile justice processing, and diverting children from the system altogether is likely to be more beneficial for the child and for public safety. Research limitations/implications Based on current evidence and theory, the authors argue that minimum age legislation that protects children from contact with the juvenile justice system and treats them as children in need of services and support, rather than as delinquents or criminals, is an important policy goal for California and for other national and international jurisdictions lacking a minimum age law. Originality/value California has no law specifying a minimum age for juvenile justice jurisdiction, meaning that young children of any age can be processed in the juvenile justice system. This policy brief provides a rationale for a minimum age law in California and other states and jurisdictions without one.