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1
Blom, Andrew. „Owing Punishment“. Grotiana 36, Nr. 1 (18.12.2015): 3–27. http://dx.doi.org/10.1163/18760759-03501010.
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The account of punishment in De iure belli ac pacis develops most fully the relationship Grotius understands between strict rights and those claims arising from dignity or merit, which he associates with ‘expletive’ and ‘attributive’ standards of justice, respectively. The purpose of this article is to provide a philosophical reconstruction of two particular puzzles that arise out of the role Grotius assigns to the concepts of right and merit in the theory of punishment. How, in the first place, can a right to punish be legitimated if not on the grounds that the offender merits punishment for the crime? And then, if merit does not provide the grounds for punishment, why must the penalty be strictly limited to what the offender merits? A reconstruction of Grotius’s arguments grounding the right to punish and justifying the role of penal merit brings out the underlying coherence in Grotius’s theory of punishment, while also revealing that the norms of expletive and attributive justice are inextricably linked in Grotius’s system of natural right.
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Leist, Anton. „Equality and Merit. Through Experiments to Normative Justice“. Analyse & Kritik 42, Nr. 1 (01.05.2020): 137–70. http://dx.doi.org/10.1515/auk-2020-0006.
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AbstractWhen we want to justify claims against one another, we discover that conceptual thought alone is not sufficient to legitimize property and income in the relative and proper proportions among members of a productive group. Instead, the basis for justification should also be seen in motivational states, validated less by rational thought than by an effective behaviour. To circumnavigate otherwise dangerously utopian claims to justice, the social sciences, and especially behavioural economics, are the most reliable basis for normative distributive justice. This article builds on recent findings of experiments, first of all in order to give proof of the extent to which a general behavioural tendency towards equality is widespread among people, and second of all in order to highlight ‘desert’ and ‘need’ as the crucial criteria of just distribution, which will then sum up to justified inequality in the economic sphere.
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Holt, Justin P. „Moral Objectivity and Property: The Justice of Liberal Socialism“. Analyse & Kritik 40, Nr. 2 (27.11.2018): 413–20. http://dx.doi.org/10.1515/auk-2018-0023.
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Abstract This paper restates the thesis of ‘The Requirements of Justice and Liberal Socialism’where itwas argued that liberal socialism best meets Rawlsian requirements of justice. The recent responses to this article by Jan Narveson, Jeppe von Platz, and Alan Thomas merit examination and comment. This reply shows that if Rawlsian justice is to be met, then non-personal property must be subject to public control. If just outcomes merit the public control of non-personal property and this control is not utilized, then justice has been subordinated to the objectively less important institution of private property.
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Persson, Ingmar. „Ambiguities in Feldman's Desert-adjusted Values“. Utilitas 9, Nr. 3 (November 1997): 319–27. http://dx.doi.org/10.1017/s0953820800005409.
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Fred Feldman has argued that consequentialists can answer the well-known ‘objection from justice’ by replacing the utilitarian axiology with one that makes the value of receiving pleasures and pains depend on how deserved it is. It is shown that this proposal is open to three interpretations: (1) the Fit-idea, which operates with the degree of fit between what recipients get and what they deserve; (2) the Merit-idea, which operates with the magnitude of the recipients' desert or merit; and (3) the Fit-Merit idea which is a combination of (1) and (2). It is argued that none of these ideas will do, among other things because they fail to take into account the fact that justice involves inter-personal comparisons.
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Lu, Xiaojun, und Mary E. Guy. „Political skill, organizational justice, and career success in mainland China“. International Review of Administrative Sciences 84, Nr. 2 (18.04.2016): 371–88. http://dx.doi.org/10.1177/0020852315619025.
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Organizational justice is a topic popularized for Western bureaucracies but there is less known about its influence in Eastern cultures. This research tests how organizational justice moderates the relationship between political skill and career success in the Chinese public sector. Analysis reveals that four dimensions of political skill (networking ability, apparent sincerity, social astuteness, and interpersonal influence) correlate positively with career success (measured as perceived internal marketability and perceived career success). Although hypothesized that organizational justice would lessen the influence of political skill on career success as a result of the implementation of formal merit-based pay rules, findings show that political skill is only partially moderated. While lessening the value of social astuteness, a positive relationship between interpersonal influence and internal marketability remains. Points for practitioners Profound changes in China’s salary system challenge traditional workplace customs. The implementation of merit-based pay requires a fair procedure for determining salary raises. In China, personalism remains a driving force because of the importance of guanxi. This affects how formal merit-based pay systems function in the East. Chinese culture tempers Western notions of organizational justice with its persistent reliance on political skill. This blend of worker behavior and career success, moderated by a conceptualization of organizational justice that embraces political skill, complicates the application of Western management systems in the East.
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Rustichini, Aldo, und Alexander Vostroknutov. „Merit and Justice: An Experimental Analysis of Attitude to Inequality“. PLoS ONE 9, Nr. 12 (09.12.2014): e114512. http://dx.doi.org/10.1371/journal.pone.0114512.
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Noh, Jee Young. „Children’s Developing Understanding of Merit in a Distributive Justice Context“. Journal of Child and Family Studies 29, Nr. 5 (17.10.2019): 1484–92. http://dx.doi.org/10.1007/s10826-019-01606-2.
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Krishnan, Lilavati, Premlata Varma und Vijyendra Pandey. „Reward and Punishment Allocation in the Indian Culture“. Psychology and Developing Societies 21, Nr. 1 (Januar 2009): 79–131. http://dx.doi.org/10.1177/097133360902100105.
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Two scenario studies examined justice perceptions in Indian samples. Study 1 investigated the effect of allocator-recipient relationship and internal/external locus of merit and need on both reward and punishment allocation in a distributive context, involving a meritorious and a needy recipient. Between merit, need and equality, subjects showed a clear equality orientation, in both allocation rule preference and perceived fairness of a given allocation. This finding was inconsistent with the strong need orientation reported in several Indian studies. In order to obtain more information on punishment alone, Study 2 was conducted in order to investigate a non-distributive context, involving internal/external locus of merit and need, and choice of punishment and perceived fairness of a given set of punishments, seriousness of the offence, guilt of the offender and the importance of need and merit. In both studies, the effect of situational variables did not emerge as expected. The apparent absence of effects of the situational variables was interpreted as the expression of a cognitive strategy to combine all the contextual information. The equality orientation found in Study 1 was interpreted as the resultant of such a combination. One part of this combination was in terms of the merit and need rules. It was suggested that subjects thought in terms of merit and need, instead of merit or need. Some evidence for this suggestion was obtained in Study 2. Need and merit were rated as being similar in importance when deciding a fair punishment. Attention was drawn to several aspects of justice perception, especially those related to punishment that requires further detailed investigation with modified methods.
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Elias-Bursac, Ellen. „Shaping international justice“. Translation and Interpreting Studies 7, Nr. 1 (21.05.2012): 34–53. http://dx.doi.org/10.1075/tis.7.1.03eli.
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The work of the ICTY courtroom is an ongoing exercise in translation and interpreting. At times discussions of issues related to translation and interpreting are so germane to a trial that they merit inclusion in the trial judgment. Furthermore, translation affords a variety of translation-specific opportunities for courtroom strategies for both the defense and the prosecution. An example of this is a series of courtroom discussions with witnesses and forensic experts on how to translate and interpret the word “asanacija” in several of the Srebrenica trials which reached trial and appeal judgments. The article describes the process by which the Tribunal language services arrived at their translation of this term and their recommendations for interpreters and the impact of the discussions on translation and interpreting for the outcome of these trials. Hence, translation and the forces it sets in motion often influence jurisprudence and shape international justice.
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Singer, M. S. „Preferential selection and outcome justice: Effects of justification and merit discrepancy“. Social Justice Research 4, Nr. 4 (Dezember 1990): 285–306. http://dx.doi.org/10.1007/bf01126777.
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Murphy-Berman, Virginia A., und John J. Berman. „PERCEPTIONS OF JUSTICE AND ATTITUDES TOWARDS PEOPLE WITH AIDS: GERMAN - U.S. COMPARISONS“. Social Behavior and Personality: an international journal 19, Nr. 1 (01.01.1991): 29–38. http://dx.doi.org/10.2224/sbp.1991.19.1.29.
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Negative attitudes towards people with AIDS are still prevalent. While previous research has investigated how these negative attitudes are related to various demographic variables, this research examined how they might differ cross-culturally, and how they are related to general beliefs about a just world, one's preference to distribute resources on the basis of merit or need, and one's health locus of control. Undergraduates from the U.S. (N=145) and West Germany (N=108) responded to a questionnaire which measured these dimensions. The most negative attitudes towards people with AIDS were found among males who were external in health locus of control, had more negative attitudes towards allocating resources on the basis of need, and had positive attitudes towards allocating on the basis of merit. As compared to U.S. respondents, German respondents indicated less of a just world view, less preference for merit, more preference for need as an allocation strategy, and more external health locus of control beliefs. Although t-tests showed cultural differences in attitudes towards people with AIDS, the effect disappeared in the regression analyses, indicating that it was coming from culture's covariation with the above mentioned dimensions.
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Seaver, George A. „Merit, Academic Freedom, Scholarship and Culture“. Journal of Interdisciplinary Studies 32, Nr. 1 (2020): 153–78. http://dx.doi.org/10.5840/jis2020321/29.
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Affirmative action and the decline of merit-based admissions was the beginning of the decline at Harvard University, as it was at most universities. This essay seeks to determine what has happened to the rest of academic first principles as a result, to academic freedom, scholarship, and student/faculty culture. To determine this progression requires decades of observation. The results of this investigation between 1969 and 2019 is that all of these university functions, in succession, were severely compromised, and that the token Asian student lawsuit that was heard against Harvard in 2018 has had no effect on this progressive decline. Recovery may have to come from outside the university. A beginning solution would come from a definitive ruling from the U. S. Supreme Court on the appeal of the Asian student lawsuit. Other areas that the present Harvard system of “social justice” are vulnerable to are the growing financial dependence on global executive education, the increasingly contradictory professorial and departmental policies regarding academic freedom, and, ultimately, the selection of other educational forms produced by “diversity."
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Woodman, Gordon R. „Legal Pluralism and the Search for Justice“. Journal of African Law 40, Nr. 2 (1996): 152–67. http://dx.doi.org/10.1017/s0021855300007737.
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Twenty-four years ago Henry Morris and Jim Read, in Indirect Rule and the Search for Justice, provided a wealth of illuminating information about the history of the legal systems of the East African colonial states. But an even greater merit of their book than its detailed data is its coherence and depth of analysis. These result from their adherence to a constant reference point, the “search for justice”. This concept may still be useful in the study of law in Africa today.
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Liu, Deming. „Copyright and the pursuit of justice: a Rawlsian analysis“. Legal Studies 32, Nr. 4 (Dezember 2012): 600–622. http://dx.doi.org/10.1111/j.1748-121x.2012.00235.x.
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This paper seeks to explore copyright from the perspective of John Rawls's egalitarian conception of justice. It first evaluates the classical theories for copyright. Next, it examines Rawls's principles of justice with particular emphasis on the difference principle. Then, it applies Rawls to the design of copyright law and debates on two doctrines of copyright law – namely the idea/expression dichotomy and the relevance of the merit of a work for copyright. The significance of the debate is to show that Rawls's perspective on justice offers a better justification for copyright and its principles and would potentially induce better justice.
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Alschuler, Albert W. „JUSTICE, MERCY, AND EQUALITY IN DISCRETIONARY CRIMINAL JUSTICE DECISION MAKING“. Journal of Law and Religion 35, Nr. 1 (April 2020): 18–32. http://dx.doi.org/10.1017/jlr.2020.8.
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AbstractThis essay examines whether, in exercising their discretion, criminal justice officials should do justice, grant mercy, and treat alleged or convicted offenders equally. Although it endorses doing justice, the essay maintains that officials should almost never reduce a just punishment simply to be merciful. Public officials are fiduciaries, and they ordinarily have no authority to make unmerited gifts. Sometimes, however, deciding not to inflict a just penalty can reflect the willingness of an entire society to forgive. That may be the case, for example, when truth and reconciliation commissions approve amnesties. The essay focuses on the teachings of Jesus Christ and questions some of them. It asks, for example, whether a modern chief executive would merit praise or condemnation if this executive followed Jesus's example in the case of the woman taken in adultery. The essay also suggests that—unlike other officials—chief executives exercising their pardon power need not act affirmatively to treat like cases alike. A conclusion notes that it would have been out of character for Jesus Christ to refuse a plea for mercy. Nevertheless, few Christians have endorsed an implication of his willingness to forgive—the abolition of criminal punishment.
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Ege, Ragip, und Herrade Igersheim. „Rawls's justice theory and its relations to the concept of merit goods“. European Journal of the History of Economic Thought 17, Nr. 4 (04.08.2010): 1001–30. http://dx.doi.org/10.1080/09672567.2010.482999.
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Ladd, George. „InterpretingEconomic Justice for all as a pre-economic essay on merit wants“. Forum for Social Economics 23, Nr. 1 (Januar 1993): 59–75. http://dx.doi.org/10.1007/bf02778975.
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Schrag, Francis K. „High stakes testing and distributive justice“. Theory and Research in Education 2, Nr. 3 (November 2004): 255–62. http://dx.doi.org/10.1177/1477878504046519.
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Evaluation of high stakes testing regimes must consider not simply mean test scores, but their distribution among students. Taking high school graduation tests and black and white student populations to illustrate the argument, I identify two criteria of success: a larger proportion of black high school graduates and a narrower gap between the two groups. I evaluate various possible distributions against these criteria. I then consider the question of which students merit our focused attention, those students who are furthest behind or those with the greatest likelihood of passing the test given extra help. A medical triage analogy suggests we should help the former, but I show here that the analogy is misplaced.
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Ugaddan, Reginald G., und Sung Min Park. „Do Trustful Leadership, Organizational Justice, and Motivation Influence Whistle-Blowing Intention? Evidence From Federal Employees“. Public Personnel Management 48, Nr. 1 (20.07.2018): 56–81. http://dx.doi.org/10.1177/0091026018783009.
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Organizational and societal mechanisms that ensure whistle-blowing in the public sector are required. Although many studies have explored a set of whistle-blowing determinants, few have explored the relationship and role of individual and attitudinal factors in influencing whistle-blowing in the public sector. To close this gap, this study considers the theoretical lenses of social exchange and self-determination theories, proposing that trustful leadership and organizational justice are the most likely factors to predict whistle-blowing intention when it is mediated by public service motivation (PSM) and extrinsic motivation. Using the Merit Principles Survey 2010 by the U.S. Merit Systems Protection Board, the study tests a partial mediation model employing structural equation modeling. The results suggest that PSM and extrinsic motivation partially mediate the relationship of trust in leadership and organizational justice and whistle-blowing intention. Finally, the study’s limitations and theoretical, empirical, and practical implications, as well as directions for future research, are discussed.
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BAJPAI, ROCHANA. „Rhetoric as Argument: Social Justice and Affirmative Action in India, 1990“. Modern Asian Studies 44, Nr. 4 (23.12.2009): 675–708. http://dx.doi.org/10.1017/s0026749x09990035.
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AbstractSocial justice is a key concept in the theory and practice of affirmative action. In India, social justice has come to serve as shorthand for affirmative action for disadvantaged groups, mainly lower castes. This paper provides a detailed analytical interpretation of social justice in a landmark legislative debate on quotas in India, namely the 1990 Mandal debate. It unpacks political rhetoric to reveal distinct conceptions of social justice, shows that claims for quotas for Other Backward Classes (OBCs) in the bureaucracy drew substantially on principles of social justice and democracy and argues that, despite appearances, several arguments for OBC representation in government jobs were compatible with the principle of merit. In doing so, the paper demonstrates that contrary to common opinion, political rhetoric deserves close attention. A reconstruction of political arguments over affirmative action advances understanding of some puzzling features of lower-caste politics in India. It also illuminates important questions in political theory debates on social justice.
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Kapetanović, Amir. „The concept of justice (pravda) in Croatian“. Etnolingwistyka. Problemy Języka i Kultury 32 (20.12.2020): 101. http://dx.doi.org/10.17951/et.2020.32.101.
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This paper analyses the linguistic concept of justice (pravda) in Croatian according to the methodology of the Lublin Ethnolinguistic School. Recent monolingual dictionaries of Croatian typically list only one meaning of the lexeme pravda and lexicographic definitions focus on the social aspect of the term. The paper also analyses the relationship of this lexeme with others (synonyms, antonyms) and lists phrases and sayings related to pravda. An analysis of a corpus of Croatian texts (of the last 150 years) and the results of a survey (100 respondents) point to weaknesses in lexicographic definitions of the lexeme pravda, as well as to the complexity of the concept of pravda in Croatian. According to the results of the survey, the most important characteristics of pravda are equality and acting on merit, followed by the ethical aspect (respect, morality, truth) and the psychological aspect (satisfaction/happiness, freedom, conscience).
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Turenne, Sophie. „Institutional constraints and collegiality at the Court of Justice of the European Union“. Maastricht Journal of European and Comparative Law 24, Nr. 4 (August 2017): 565–81. http://dx.doi.org/10.1177/1023263x17723813.
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This article examines how judicial selection, appointment and renewal processes deeply constrain and influence the decision-making processes at the Court of Justice of the European Union (CJEU). The short tenure period combined with the permanent triennial renewal of sitting judges are a source of instability at the CJEU and the discretion left to Member States for renewal is a concern for judicial independence. Besides, even if Member States were to concur on the core requirements of judicial merit, they may disagree on what judicial merit means in the context of the CJEU. Against this institutional background, collegiality, as a constitutive value, is a safeguard of independence as much as it facilitates the development of a common discourse within which individual decisions will be made. In this context, the development of legal principles is no worse than can reasonably be expected; the judges display considerable independence within the constraints placed upon the CJEU. However, some judgments may appear to be compromises; more radical reform is needed for those who hanker for clearer and bolder decisions. More ambitious judicial reforms can only succeed with a single, non-renewable term of office, without any triennial renewal of CJEU membership.
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Qayum, Sara, Sughra Farid, Suhail Shehzad und Weidong Zhu. „Short Comings of Criminal Justice System of Pakistan and its Effects on the Rights of Accused Prisoner Wrongfully Convicted or Imprisoned“. Journal of Legal Studies 18, Nr. 32 (01.12.2016): 13–27. http://dx.doi.org/10.1515/jles-2016-0015.
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Abstract The criminal justice system in Pakistan operates imperfectly, although the aim of the Pakistan’s Criminal Law system is that no person is being convicted without all the elements but our System is not speedy and fast in disposal of cases then automatically innocent suffers. A failure of the justice system leaves people free but uncompensated. When a case has been decided after a lengthy trial and an individual acquit on merit by the judgment of concerned Court than upon release he did not receive any thing as compensation by the Criminal Justice System of Pakistan because System offers no mechanism for compensation. This article will discuss about wrongfully convicted persons in Pakistan’s Criminal Justice System and the reasons for their wrongful imprisonment and mechanism for compensation. In the end, conclusions and recommendations will be given on the same.
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Gibson, Andrew. „Just Above the Fray - Interpretive Social Criticism and the Ends of Social Justice“. Studies in Social Justice 2, Nr. 1 (27.01.2009): 102–18. http://dx.doi.org/10.26522/ssj.v2i1.970.
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The article lays down the broad strokes of an interpretive approach to social criticism. In developing this approach, the author stresses the importance of both a pluralistic notion of social justice and a rich ideal of personal growth. While objecting to one-dimensional conceptions of social justice centering on legal equality, the author develops the idea of there being multiple "spheres of justice", including the spheres of "care" and "merit". Each of these spheres, he argues, is subject to historical interpretation. He furthers this view by arguing that the social basis for these different spheres is best understood against the canvas of an ideal of self-fulfillment and individuality. Based on the elaboration of these two sets of premises—a pluralistic conception of social justice and a collective ideal of personal self-fulfillment—the article outlines the basis for and challenges inherent to the practice of interpretive social criticism.
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Oguz Hacat, Sibel. „Opinions of Middle School Students on the Justice Concept within the Framework of Social Studies Education“. International Journal of Higher Education 7, Nr. 2 (10.04.2018): 210. http://dx.doi.org/10.5430/ijhe.v7n2p210.
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The aim of this study is to reveal the opinions of middle school students about the justice concept. The study was carried out in accordance with the document review technique, which is one of the qualitative research methods. The study group consists of 82 students attend in 7th grade receiving education at a middle school in the city of Kastamonu in the school year 2016-2017. Data was obtained using semi-structured interviews consisting of open-ended questions. This data was interpreted using content analysis and by way of coding. Middle school students’ opinions on justice concept are represented in 8 different categories and they use 7 different sayings relating to the justice concept. Whereas the justice concept is most often explained as “Rightfulness”, it is least often conceived as “Abstinence from Committing Crimes”. It is observed that the saying “Justice can do what swords cannot” is used by middle school students most often, and the saying “No merit can be more noble than justice” least often. In light of this information, middle school students can be provided with environments in which they can internalize the justice concept. Furthermore, results about justice can be drawn when its content is broadened. We can do scientific study about justice in more detail by increasing sample group.
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Mears, Daniel P., und William R. Kelly. „Assessments and Intake Processes in Juvenile Justice Processing: Emerging Policy Considerations“. Crime & Delinquency 45, Nr. 4 (Oktober 1999): 508–29. http://dx.doi.org/10.1177/0011128799045004007.
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Recent reforms have expanded the possibilities for gathering and sharing information during juvenile justice processing and have included calls for comprehensive assessments of all juvenile referrals. However, scant attention has been given to questions concerning the timing, goals, or uses of assessments; the structure and goals of intake; or the role of assessments at intake. These questions merit closer investigation because variation in assessment or intake goals and practices will likely constrain the efficiency or efficacy of juvenile processing. Using interview and survey data from a study of county-level intake processes in Texas, this study identifies and discusses their policy implications.
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Arneson, Richard J. „Welfare Should Be the Currency of Justice“. Canadian Journal of Philosophy 30, Nr. 4 (Dezember 2000): 497–524. http://dx.doi.org/10.1080/00455091.2000.10717541.
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Some theories of justice hold that individuals placed in fortunate circumstances through no merit or choice of their own are morally obligated to aid individuals placed in unfortunate circumstances through no fault or choice of their own. In these theories what are usually regarded as obligations of benevolence are reinterpreted as strict obligations of justice. A closely related view is that the institutions of a society should be arranged in a way that gives priority to helping people placed in unfortunate circumstances through no fault or choice of their own. Any theory of this type needs a way of assessing individuals’ circumstances to determine who is fortunate and who is unfortunate.I shall argue that the standard for assessing people's circumstances to determine what they owe and are owed according to distributive justice should be the welfare or well-being level that they can attain, given their circumstances. This claim, that the ‘currency of justice’ should be welfare, has attracted criticisms that some have thought decisive. My counterclaim is that if we adopt an objective account of welfare and properly accommodate concerns about individual responsibility, the criticisms can be drained of their force.
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Coumoundouros, Antonis. „Does Plato’s Account of Politeiai in Republic 8 Merit Our Attention?“ Polis: The Journal for Ancient Greek Political Thought 26, Nr. 1 (2009): 73–88. http://dx.doi.org/10.1163/20512996-90000143.
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Several commentators since Aristotle have sought to convince us that Plato’s discussion of political constitutions or politeiai in Republic 8 is full of problems. In effect, such commentators argue that Plato’s account is not all that helpful in our efforts to understand political life. This paper argues that, despite several objections to Plato’s discussion of political constitutions in Republic 8, there is much that is helpful for thinking about political life. The following issues are taken up in an effort to clarify Plato’s account of regimes: the role of such an account in the main ethical argument of the dialogue (that justice is better than injustice); whether Plato’s discussion has both an a priori perspective and one based on experience; the analogy of the city and the soul and whether this holds together in Republic 8; Plato’s depiction of regime change in temporal/historical terms; and the fact that the account of political regimes seems incomplete because each regime is presented in the manner of a sketch.
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Mathie, William. „Political and Distributive Justice in the Political Science of Aristotle“. Review of Politics 49, Nr. 1 (1987): 59–84. http://dx.doi.org/10.1017/s0034670500044302.
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The modern science of politics has agreed with Thomas Hobbes that government must be based on the rejection of Aristotle's belief that claims to rule might be judged and accepted on their substantive merit as a matter of justice. The present essay examines the premodern approach as found in Aristotle's treatment of the question of regimes in the Politics. It is argued that the interpretation of Aristotle's discussion that understands him to distinguish right and deviant regimes as these are in the interest of ruled or rulers respectively and to seek a resolution of the conflict between claims to rule as a kind or instance of distributive justice is belied by a close reading of his Politics and Nicomachean Ethics and collapses distinctions crucial to Aristotelian political science.
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Farley, Jennifer, Jennifer Gallagher und Katherine Richardson Bruna. „Disrupting narrow conceptions of justice: Exploring and expanding ‘bullying’ and ‘upstanding’ in a university honors course“. Education, Citizenship and Social Justice 15, Nr. 3 (27.06.2019): 258–73. http://dx.doi.org/10.1177/1746197919853808.
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The term ‘upstanding’ encompasses actions and behaviors grounded in one’s defense of their own beliefs and others. While such broad application of the term has merit, from a critical education perspective it lacks direction. To efficaciously address injustice, upstanding action must go beyond one’s beliefs. A directional application of upstanding behavior, or the notion of ‘upstanding for justice,’ frames upstanding as action to address chronic social victimization via systems of oppression. In this article, we describe the development of a new heuristic to support students’ understanding of upstanding and detail the university honors course in which we used the heuristic to explore the phenomena of ‘bullying’ and historical injustice to expand ideas of ‘upstanding’. Results indicate that students in the course broadened their conceptions of justice and the use of historical cases aided in their understanding of the interplay between individual agency and social structure in social justice efforts.
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Peel, Jacqueline. „Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) (I.C.J.)“. International Legal Materials 54, Nr. 1 (Februar 2015): 1–52. http://dx.doi.org/10.5305/intelegamate.54.1.0001.
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On March 31, 2014, the International Court of Justice (ICJ) issued its judgment in the case of Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) (Whaling Decision). In what is perhaps its most important environmental decision to date, the ICJ ordered Japan to halt its whaling program in the Southern Ocean, finding the program lacked scientific merit and breached requirements of the International Convention for the Regulation of Whaling (ICRW).
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Hazarika, Ishan Kashyap. „A probabilistic evaluation of the argument of correction in affirmative action“. Indian Journal of Economics and Development 8 (09.12.2020): 1–8. http://dx.doi.org/10.17485/ijed/v8.26.
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Objective: The issue of affirmative action is a major point of discussion in distributive justice and allocation of scarce resources such as job-offerings or college seats. Philosophical arguments around this focus on diversity, historical justice and correction. The objective of this study is to examine the argument of correction in relation to affirmative action, which states that affirmative action helps correct biases in metrics used to measure merit. Method: We develop of a stochastic formulation of the argument of correction and analyse it using a probability-theory approach. Result: We find with the help of two counterexamples that the argument of correction is not generally valid, when we admit the stochastic nature of the problem. Conclusion: Though the argument of correction may be valid in some special cases, its general lack of validity presents a major challenge to this dominant argument widely used in the literature. Keywords: Affirmative action; distributive Justice; allocation of resources
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Passey, Megan, Jane Bolitho, John Scantleton und Bruce Flaherty. „The Magistrates Early Referral Into Treatment (MERIT) Pilot Program: Court Outcomes and Recidivism“. Australian & New Zealand Journal of Criminology 40, Nr. 2 (August 2007): 199–217. http://dx.doi.org/10.1375/acri.40.2.199.
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Diversion programs for drug offenders have proliferated in the last decade in the belief that treatment of underlying drug use will decrease an individual's criminal activity. The NSW Magistrates Early Referral Into Treatment (MERIT) program diverts adult offenders with significant drug problems, on bail, from the court to a 3-month intensive drug treatment program. This article reports on the criminal justice outcomes of the Lismore MERIT Pilot Program. Findings indicate that participants who completed the program were significantly less likely to reoffend, took longer to reoffend and received less severe sentences than those who did not complete the program. The reduction in reoffending is significantly associated with program completion even when other factors associated with recidivism are controlled for, including previous incarceration. Overall these findings contribute to the growing literature indicating that providing treatment for offenders with illicit drug problems can be an effective crime reduction strategy.
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Hilmar, Till. „The Temporal Logic of Deservingness: Inequality Beliefs in Two Postsocialist Societies“. Socius: Sociological Research for a Dynamic World 5 (Januar 2019): 237802311986423. http://dx.doi.org/10.1177/2378023119864231.
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Employing a cultural sociological approach, this article asks how individuals from two postsocialist societies articulate principles of justice by providing narrative accounts of other peoples’ perceived choices and social mobility trajectories after 1989. Using data from an interview study of 67 respondents from former East Germany and the Czech Republic, I present two interrelated findings: First, as respondents negotiate the tension between the principles of merit and need, they show widespread support for the idea that individuals are personally responsible for their fate despite the legacy of egalitarianism commonly associated with postsocialist societies. Second, individuals can effectively challenge the principle of merit by using a certain type of eventful knowledge about economic change after 1989 that is articulated morally but points to the limits of choice. The article distinguishes different notions of deservingness and contributes to the current debate on the links between culture and economics.
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Van der Heyden, Ludo, Christine Blondel und Randel S. Carlock. „Fair Process: Striving for Justice in Family Business“. Family Business Review 18, Nr. 1 (März 2005): 1–21. http://dx.doi.org/10.1111/j.1741-6248.2005.00027.x.
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The social science and business literatures on procedural justice or fair process attest that improvements in procedural fairness can be expected to improve both a firm's performance and the commitment and trust of the individuals involved with it. This article examines the relevance of procedural justice for family business. When a family is an influential component of a particular business system, the application of justice is typically rendered more complex than might be the case for nonfamily firms. Different criteria (need, merit, and equality) guide the application of distributive justice among families, firms, and shareholders. This divergence in criterion also lies at the heart of many conflicts inside the family business. In this article, we argue that the application of procedural justice reduces occurrences of conflict and, in some cases, may eliminate conflict altogether. We propose a definition of fair process that extends and enriches the one existing in the literature. We offer five fundamental criteria essential to the effectiveness of fair process in family firms. We conclude with a series of case studies that illustrate typical questions faced inside family businesses. We show that a lack of fairness in the decision and managerial processes governing these businesses and their associated families is a source of conflict. We describe how increasing fair process practices improves the performance of these businesses while also increasing the satisfaction of those associated with them.
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Dziedziak, Wojciech. „Szkic o sprawiedliwości naturalnej i rozdzielczej“. Studia Iuridica Lublinensia 29, Nr. 4 (30.09.2020): 71. http://dx.doi.org/10.17951/sil.2020.29.4.71-83.
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<p>The article addresses the issues of natural justice and distributive justice. The traditional formula “to render to everyone his or her own” (<em>suum cuique tribuere</em>) was taken as the point of departure. The discussion leads to the conclusion that natural justice concerns every person, and that everyone is entitled to inherent, innate rights, fundamental human rights. The exercise of natural justice ensures basic participation in the goods of the community, namely the state. This is so because this justice requires that every person be provided with an existence appropriate to the dignity of the human person. The relationship between natural justice and distributive justice exists at the level of elementary objective needs. Natural justice, when exercised, in a sense meets the formula “to render to everyone according to their legitimate needs”, meeting objective, basic needs, but this applies only to part of society. This justice is broader, it does not boil down to these elementary needs and, of course, it relates also to other things than needs. In a sense, it could be said that natural justice “intervenes” where justice applied according to the principles of proportionality is not enough. Man, with his or her guaranteed natural, equal rights enacted as positive law in line with natural justice, through his or her own action “uses justice” by using (positive) law and provides himself or herself with a decent life. However, natural justice does not omit anyone, its implementation actually replaces the formula of distribution justice “render to everyone according to legitimate needs”. In distributive justice, equality is about proportion to the contribution made, but also to the merit. Of these two principles, the guiding principle, because of its universality, is the formula “render to everyone according to their contribution”: those who contribute more to the good of the community, receive more.</p>
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Toft, Monica Duffy, und David P. McIntyre. „Adoption as an issue of local justice“. European Journal of Sociology 33, Nr. 1 (Juni 1992): 83–105. http://dx.doi.org/10.1017/s0003975600006378.
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The focus of this paper is adoption, specifically adoption as an issue of local justice. Local justice, as conceived by Jon Elster, is a way of thinking about how scarce goods and burdens are allocated by local, low-level institutions; and encompasses such issues as military service, college admission, organs for transplantation, donation of sperm, child custody, and adoption. There are three principle elements to local justice: scarce goods, institutions that allocate them, and the individuals who step forward as allocative candidates. Over time, the individual will bring his or her needs before a succession of institutional providers, while the institutions will find before them a succession of individuals who need, want, or merit the scarce good being allocated. In many instances, such as the allocation of organs for transplantation, allocation may be a matter of life or death; while in other instances, the consequences of not receiving the good may not be life threatening, but nonetheless affect an individual's future life plans (e.g. admittance into Harvard). Thus allocative decisions can be evaluated according to their importance along two different axes. The first contains decisions which are ‘important’ because they involve life and death outcomes, such as the allocation of kidneys, while other decisions are ‘important’ not because they carry with them life-and-death outcomes, but because they influence the lives of a vast number of individuals. Selection choices for college admission are among this latter type of important decision.
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Reisman, W. Michael. „Respecting One’s Own Jurisprudence: A Plea to the International Court of Justice“. American Journal of International Law 83, Nr. 2 (April 1989): 312–17. http://dx.doi.org/10.2307/2202740.
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This above all—to thine own self be true, And it must follow, as the night the day, Thou canst not then be false to any man.Hamlet, 1.3.78On two occasions in the recent past, the International Court of Justice has misstated its own prior holdings by selective quotation. In each instance, the partial quotation was invoked as authority for the opposite of what the previous Court had said. Neither matter was de minimis: in each instance, the issue for which authority was being sought was central either to the case at bar or to an important aspect of the Court’s role. The consequences for the future of international adjudication and the stability of authoritative expectation, which is such an important strut of international law, are serious and merit examination.
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Upton, Candace. „Virtue Ethics, Character, and Normative Receptivity“. Journal of Moral Philosophy 5, Nr. 1 (2008): 77–95. http://dx.doi.org/10.1163/174552408x306735.
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AbstractClassically-conceived accounts of character posit traits that are both dynamic and global. Dynamic traits produce behavior, and global traits produce behavior across the full range of situation kinds relevant to a particular trait. If you are classically just, for example, you would behave justly across the full range of situation kinds relevant to justice. But classical traits are too crude to fulfill trait attributions' intrinsically normative purpose, which is to reflect the moral merit agents deserve. I defend an extra-classical account of character traits that endorses flexible traits that might issue in behavior across any narrow or broad range of situation kinds, and static traits that might issue in no behavior at all. Extra-classical traits are more subtle and sensitive, and so are normatively receptive to the credit that psychologically-complicated agents merit. Further, extra-classical traits can fulfill all the unproblematic roles of classical traits. Extra-classicism is, hence, a significant and substantial improvement upon classically conceived character traits and traditional virtue ethics.
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Kroeker, Esther Engels. „Reid's Response to Hume's Moral Critique of Religion“. Journal of Scottish Philosophy 14, Nr. 1 (März 2016): 85–100. http://dx.doi.org/10.3366/jsp.2016.0115.
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My aim in this paper is to present Reid's answer to Hume's claim that religion is contrary to natural human moral passions. Religion, according to Hume, weakens natural human inclinations toward virtue and invents new species of merit. Reid would respond, first, that morality is indeed tied to human nature, and that Hume fails to recognize that a sense of justice is natural as well. Since justice does not arise within human social conventions, Reid would conclude that justice is not a virtue that is limited to the human domain. Second, Reid would argue that the concordance between natural moral human motives and natural non-moral motives is a sign of design. And third, Reid would argue that uncorrupted religion is one that is faithful to morality and human nature, and that does not distort natural motives. Overall, Reid holds that the moral faculty is a natural human faculty that gives rise to natural inclinations and beliefs, but that these are concordant with religious beliefs and practices prescribed by Scripture.
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Badru, R. O., und T. R. Eegunlusi. „Colonial Legal Reasoning in the Post-Colonial African State: A Critique and a Defense of the Argument from African Metaphysical Epistemology“. Thought and Practice 7, Nr. 2 (08.10.2016): 11–39. http://dx.doi.org/10.4314/tp.v7i2.3.
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This article focuses on legal reasoning and legal epistemology within the African context. It examines the system of legal justice in post-colonial Africa and submits that because of the colonial legacy, post-colonial African legal reasoning is methodologically founded on empiricism and positivism. It avers that despite its merit of scientific objectivity, such legal reasoning is largely incapable of addressing offences committed through the manipulation of metaphysical realities or other forms of covert criminalities and wrongdoing. Consequently, the article proposes that the methodology of African metaphysical epistemology be adopted to complement the colonial methodology of legal reasoning in Africa, as it has the advantageous result of helping in the search for truth concerning such offences, thereby promoting the delivery of effective legal justice, and thus contributing significantly to the development of a balanced and reliable justice system in contemporary African societies. The methods of critical analysis, reflective argumentation and oral interview were adopted to pursue the goals of the study. KeywordsAfrica, Argument, Legal Epistemology, Legal Reasoning, Metaphysics
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Lenaerts, Koen. „THE CONTRIBUTION OF THE EUROPEAN COURT OF JUSTICE TO THE AREA OF FREEDOM, SECURITY AND JUSTICE“. International and Comparative Law Quarterly 59, Nr. 2 (April 2010): 255–301. http://dx.doi.org/10.1017/s0020589310000023.
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ABSTRACTThe aim of this article is to provide an overview of the European Court of Justice's (‘ECJ’) past and present contribution— both procedurally and substantively—to the Area of Freedom, Security and Justice. While it is too early to speculate what the ECJ's contribution to this area will be under the provisions of the Treaty of Lisbon, which entered into force on 1 December 2009, the latter's modifications to the ECJ's jurisdiction merit close attention. After describing how the procedural limitations that were imposed on the ECJ's jurisdiction by ex Title IV of Part Three of the EC Treaty and by ex Title VI of the old EU Treaty have been almost entirely eliminated by the Treaty of Lisbon, this article posits that not only does the latter Treaty improve significantly the judicial protection of private individuals, but it also facilitates the dialogue between the Union and the national judiciaries in the Area of Freedom, Security and Justice. Next, the article briefly explores the special ECJ procedures which may be followed in the Area of Freedom, Security and Justice in cases where time is of the essence. There, it is argued that, when having recourse to these procedures, the ECJ strives to strike the right balance between, on the one hand, swift judging and, on the other hand, the preservation of a qualitative and fair judicial procedure. As to substantive issues, drawing on examples from the fields of judicial cooperation in civil matters, asylum and judicial cooperation in criminal matters, it is argued that the ECJ's contribution to this area is largely grounded in the protection of fundamental rights. Finally, a brief conclusion supports the contention that the ECJ's contribution to the Area of Freedom, Security and Justice has favoured a ‘mutual borrowing’ of concepts and principles as between this area and other fields in relation to which the EU has competences, such as the internal market and competition. The Treaty of Lisbon having entered into force, an unprecedented level of coordination between different areas of EU law on both the procedural and substantive levels is to take place. Respect for fundamental rights will definitely be a unifying factor binding them all together.
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Martin, David C., Kathryn M. Bartol und Patrick E. Kehoe. „The Legal Ramifications of Performance Appraisal: The Growing Significance“. Public Personnel Management 29, Nr. 3 (September 2000): 379–406. http://dx.doi.org/10.1177/009102600002900307.
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The recent turmoil in the business environment brought on by the numerous mergers, acquisitions, reorganizations, downsizings, and spinoffs has provided impetus to the growing number of cases involving discrimination litigation. Performance appraisal is frequently a part of this litigation, most notably included in cases addressing layoffs, promotions, discharge, merit pay, or a combination of these actions. The critical human resource decisions affecting these actions are normally judgments regarding the performance of the employee. Evaluations of that performance should be based on the results of performance appraisal processes that incorporated concerns for organizational justice and fairness.
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Comfort, Megan. „“A Twenty-Hour-a-Day Job”“. ANNALS of the American Academy of Political and Social Science 665, Nr. 1 (10.04.2016): 63–79. http://dx.doi.org/10.1177/0002716215625038.
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In the growing field of research on the consequences of criminal justice contact for family life, a heavy emphasis has been placed on how imprisonment influences the emotional, physical, and socioeconomic well-being of prisoners’ loved ones. In this article, I elaborate on and analyze the experiences of family members of people with frequent, low-level criminal justice involvement. I draw on ethnographic data collected in partnership with a clinical social worker over the course of a three-year study of an intensive case management intervention for HIV-positive individuals. Findings indicate that loved ones’ brief jail stays and community supervision through probation and parole pose hardships for family members that are distinct from those hardships that arise during imprisonment. These experiences are uniquely destabilizing, may confer specific risks to family members’ well-being, and merit further study to inform programs, social services, and public policy.
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HAWKINS, ALAN J., CHRISTINA M. MARSHALL und KATHRYN M. MEINERS. „Exploring Wives' Sense of Fairness About Family Work“. Journal of Family Issues 16, Nr. 6 (November 1995): 693–721. http://dx.doi.org/10.1177/019251395016006002.
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This study was designed to test empirically the value of the distributive justice framework in terms of understanding wives' sense of fairness about the division of family work, as recommended by Thompson. Operationalizations of many of the social-psychological cognitions suggested by the framework are presented. In a sample of 234 dual-earner wives randomly selected from metropolitan areas of the western United States, there was qualified support for the framework. Feelings of appreciation were the strongest predictor of fairness. Deciding together how things would be divided was also a strong predictor. Other effects on fairness were indirect, however; they affected the division of family work, which, in turn, influenced wives' sense of fairness. More psychometric work will be needed, and replication with different samples is necessary, but the distributive justice framework appears to have significant merit for understanding wives' perceptions of fairness about family work.
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Porzecanski, Daniel Schwartz. „Friendship and the Circumstances of Justice According to Aquinas“. Review of Politics 66, Nr. 1 (2004): 35–54. http://dx.doi.org/10.1017/s0034670500042467.
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The facts about friendship (objections a-d) used to support the view that the circumstances of justice are displaced by the circumstances of friendship (the Inverse Proportionality thesis) are, in Aquinas's own understanding of friendship, either not true —(a), (b), (d)—or (in my own view) irrelevant to the Inverse Proportionality thesis—(c).Aquinas's theological view that there is no merit without (or “outside”) charity can also be expressed non-theologically: when two persons are separated by a wide gap, the actions of the inferior do not lay just claims on the superior unless the inferior is a friend. The inferior's actions become effective in entitling him to just deserts only when proportional equivalence between the superior's and the inferior's actions becomes possible. Proportional equivalence obtains only when the inferior's actions are seen as the common actions of both friends. An action is common to two persons when neither of the persons is merely a part or tool of the other, both cooperate freely, and both share reasons. Friends' actions are common actions.It must be stressed that this reading of Aquinas's view does not lend support to the notion that friendship takes precedence over justice (“you only have justice if you have friendship first”). In this reading, Aquinas believes that, in the transition from a superiorinferior relationship to a relationship between partners, friendship and the possibility of just interaction arise concomitantly.
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Rowden, Emma, und Diane Jones. „Design, Dignity and Due Process: The Construction of the Coffs Harbour Courthouse“. Law, Culture and the Humanities 14, Nr. 2 (15.11.2015): 317–36. http://dx.doi.org/10.1177/1743872115612954.
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The discourse around the merit of public architecture often depicts the architect as having complete autonomy over its design. This belies the constraints placed upon creative solutions by design briefs or the intense negotiations between the State, the architect and the various stakeholders involved in the construction process. Through a case study examining the construction of a courthouse, we demonstrate the difficulties in pursuing improvements to the phenomenological experience of justice within these constraints. It reveals the need for architectural knowledge to be shared for the common good in order to resist practices that replicate existing conditions and inhibit innovation.
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Steyn, Renier. „How Some Lawyers Prioritise Earnings and Not Necessarily the Best Interests of Their Clients“. Case Studies in Business and Management 8, Nr. 1 (07.05.2021): 36. http://dx.doi.org/10.5296/csbm.v8i1.18615.
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This case deals with an employee seeking justice in a labour dispute and who ends up paying a small fortune in legal fees and still fails to find satisfaction. The case provides food for thought for human resource practitioners and particularly lawyers regarding under the circumstances when they should be ethically bound to advise disgruntled employees to cease pursuing a grievance that has little prospect of success. How and when should the human resource practitioner provide professional and independent advice, and when should the ethical (sic) lawyer refuse to approach the courts with a case containing insufficient merit?
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Harding, Warren G., Jasmin Tahmaseb McConatha und V. K. Kumar. „The Relationship between Just World Beliefs and Life Satisfaction“. International Journal of Environmental Research and Public Health 17, Nr. 17 (03.09.2020): 6410. http://dx.doi.org/10.3390/ijerph17176410.
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An important and often unexplored factor shaping life satisfaction is one’s perception of the world as a “just” place. The “just world hypothesis” is predicated on the idea that the world works as a place where people get what they merit, an idea that often serves as a means for people to rationalize injustices. The research addressing just world beliefs has expanded into a four-factor model that categorizes just world beliefs for self and others into subcategories of distributive and procedural justice. Distributive justice involves evaluations of the fairness of outcomes, allocations, or distribution of resources, while procedural concerns evaluations of the fairness of decision processes, rules, or interpersonal treatment. This study explored the relationship between the four just world beliefs subscales and overall satisfaction with life and examined their associations with demographic variables including ethnicity, age, gender, religion, and social class. The relationships of demographic factors with justice beliefs and life satisfaction generally yielded very small effect sizes. However, respondents who identified themselves as middle and upper class reported higher levels of life satisfaction than those who identified themselves as lower class, with a medium effect size. Consistent with the results of earlier research, regressing life satisfaction on the four justice beliefs subscales indicated that the two self-subscales (distributive and procedural) were significantly predictive of life satisfaction, but the two other subscales (distributive and procedural) were not.
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Corning, Peter A. „“Fair Shares”: Beyond capitalism and socialism, or the biological basis of social justice“. Politics and the Life Sciences 22, Nr. 2 (September 2003): 12–32. http://dx.doi.org/10.1017/s0730938400006638.
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The accumulating scientific evidence — across many disciplines — regarding human evolution and the dualities and complexities of human nature indicates that the core ideological assumptions of both capitalism and socialism are simplistic and ultimately irreconcilable. A biologically grounded approach to social justice enables us to articulate a new ideological paradigm that I call “Fair Shares.” This paradigm consists of three complementary normative principles. First, goods and services should be distributed to each according to his or her basic needs. Second, surpluses beyond the provisioning of our basic needs should be distributed according to merit. And, third, each of us is obliged in return to contribute to the “collective survival enterprise” in accordance with his or her ability. Though none of these three principles is new, in combination they provide a biologically informed middle way between capitalism and socialism. Some of the many issues that are raised by this formulation are also briefly addressed.