To see the other types of publications on this topic, follow the link: Social justice (Islamic law).
Dissertations / Theses on the topic 'Social justice (Islamic law)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Social justice (Islamic law).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Barbosa, Luciana Hsiao Tebaldi de Queiroz. "A justiça perdida nas Mil e Uma Noites." Pontifícia Universidade Católica de São Paulo, 2013. https://tede2.pucsp.br/handle/handle/6129.
Full textAbstract:
Made available in DSpace on 2016-04-26T20:21:38Z (GMT). No. of bitstreams: 1
Luciana Hsiao Tebaldi de Queiroz Barbosa.pdf: 968055 bytes, checksum: d2e2e0b42fc0b5138415c4f8eb77ff77 (MD5)
Previous issue date: 2013-05-16Conselho Nacional de Desenvolvimento Científico e Tecnológico
This dissertation investigates the notion of justice embedded in the Arab-Islamic philosophy from the standpoint of the representational imagery provided in the One Thousand and One Nights (often known in English as the Arabian Nights). In so doing, this paper provides a comparative analysis of the ontological gnoseology of law and justice in the philosophical thinking of Western civilization and the Arab-Islamic culture to establish the dynamic character and autopoietic quality of the objects. The bibliographical research and the comparative method are of great importance on the research methodologies presented in this dissertation. The importance is justified by the fact that the Western civilization has a poor understanding of the islamic law and the concept of justice in Islam, and therefore this dissertation intends to contribute to a better understanding of such concepts. However, the study has an innovative trend, having as the core a prominent literary of Arab-Muslim culture which is the fantastic book One Thousand and One Nights. The value of justice is relative, since the presented hypothesis is answered by the autopoietic character of the Law and by consequence, of the justice. As a result, we can gather a better understanding of the context of the Arab-Muslim world, for greater tolerance among the people and exercising the gift of charity, the supreme manifestation of love, being able to contemplate a more peaceful and harmonious coexistence of human beings on earth
A presente dissertação tem por objetivos a intelecção da justiça no pensamento filosófico oriental árabe-muçulmano, sob o espectro do Livro das Mil e Uma Noites e a análise comparativa entre a ontognoseologia do direito e da justiça no pensamento jusfilosófico ocidental e na tradição oriental árabe-islâmica, buscando o caráter dinâmico e a poética dos objetos. A pesquisa bibliográfica e o método comparativo perfazem eminentes nas metodologias de pesquisa que instruem o presente trabalho. A importância justifica-se no fato de que o mundo ocidental pouco compreende o direito islâmico e o conceito de justiça no Islã, e por conseguinte, o presente trabalho pretende contribuir para uma melhor compreensão de tais conceitos. Contudo, o estudo possui um viés inovador, que é ter como cerne o expoente literário da cultura árabe-muçulmana que é o fantástico livro das Mil e Uma Noites. O valor da justiça é relativo, pois a hipótese aventada responde-se pelo caráter autopoiético do direito e por consequencia, da justiça. Como resultado, pode-se inferir uma melhor compreensão do contexto do mundo árabe-muçulmano, para uma maior tolerância entre os homens e o exercício do dom da caridade, a suprema manifestação do amor, tendo-se possibilidade de vislumbrar uma convivência harmônica e mais pacífica dos homens sob a face da terra
2
Daly, Marwa El. "Challenges and potentials of channeling local philanthropy towards development and aocial justice and the role of waqf (Islamic and Arab-civic endowments) in building community foundations." Doctoral thesis, Humboldt-Universität zu Berlin, Philosophische Fakultät III, 2012. http://dx.doi.org/10.18452/16511.
Full textAbstract:
Diese Arbeit bietet eine solide theoretische Grundlage zu Philanthropie und religiös motivierten Spendenaktivitäten und deren Einfluss auf Wohltätigkeitstrends, Entwicklungszusammenarbeit und einer auf dem Gedanken der sozialen Gerechtigkeit beruhenden Philanthropie. Untersucht werden dafür die Strukturen religiös motivierte Spenden, für die in der islamischen Tradition die Begriffe „zakat“, „Waqf“ oder im Plural auch „awqaf-“ oder „Sadaqa“ verwendet werden, der christliche Begriff dafür lautet „tithes“ oder „ushour“. Aufbauend auf diesem theoretischen Rahmenwerk analysiert die qualitative und quantitative Feldstudie auf nationaler Ebene, wie die ägyptische Öffentlichkeit Philanthropie, soziale Gerechtigkeit, Menschenrechte, Spenden, Freiwilligenarbeit und andere Konzepte des zivilgesellschaftlichen Engagements wahrnimmt. Um eine umfassende und repräsentative Datengrundlage zu erhalten, wurden 2000 Haushalte, 200 zivilgesellschaftliche Organisationen erfasst, sowie Spender, Empfänger, religiöse Wohltäter und andere Akteure interviewt. Die so gewonnen Erkenntnisse lassen aussagekräftige Aufschlüsse über philanthropische Trends zu. Erstmals wird so auch eine finanzielle Einschätzung und Bewertung der Aktivitäten im lokalen Wohltätigkeitsbereich möglich, die sich auf mehr als eine Billion US-Dollar beziffern lassen. Die Erhebung weist nach, dass gemessen an den Pro-Kopf-Aufwendungen die privaten Spendenaktivitäten weitaus wichtiger sind als auswärtige wirtschaftliche Hilfe für Ägypten. Das wiederum lässt Rückschlüsse zu, welche Bedeutung lokale Wohltätigkeit erlangen kann, wenn sie richtig gesteuert wird und nicht wie bislang oft im Teufelskreis von ad-hoc-Spenden oder Hilfen von Privatperson an Privatperson gefangen ist. Die Studie stellt außerdem eine Verbindung her zwischen lokalen Wohltätigkeits-Mechanismen, die meist auf religiösen und kulturellen Werten beruhen, und modernen Strukturen, wie etwa Gemeinde-Stiftungen oder Gemeinde-„waqf“, innerhalb derer die Spenden eine nachhaltige Veränderung bewirken können. Daher bietet diese Arbeit also eine umfassende wissenschaftliche Grundlage, die nicht nur ein besseres Verständnis, sondern auch den nachhaltiger Aus- und Aufbau lokaler Wohltätigkeitsstrukturen in Ägypten ermöglicht. Zentral ist dabei vor allem die Rolle lokaler, individueller Spenden, die beispielsweise für Stiftungen auf der Gemeindeebene eingesetzt, wesentlich zu einer nachhaltigen Entwicklung beitragen könnten – und das nicht nur in Ägypten, sondern in der gesamten arabischen Region. Als konkretes Ergebnis dieser Arbeit, wurde ein innovatives Modell entwickelt, dass neben den wissenschaftlichen Daten das Konzept der „waqf“ berücksichtigt. Der Wissenschaftlerin und einem engagierten Vorstand ist es auf dieser Grundlage gelungen, die Waqfeyat al Maadi Community Foundation (WMCF) zu gründen, die nicht nur ein Modell für eine Bürgerstiftung ist, sondern auch das tradierte Konzept der „waqf“ als praktikable und verbürgte Wohlstätigkeitsstruktur sinnvoll weiterentwickelt.This work provides a solid theoretical base on philanthropy, religious giving (Islamic zakat, ‘ushour, Waqf -plural: awqaf-, Sadaqa and Christian tithes or ‘ushour), and their implications on giving trends, development work, social justice philanthropy. The field study (quantitative and qualitative) that supports the theoretical framework reflects at a national level the Egyptian public’s perceptions on philanthropy, social justice, human rights, giving and volunteering and other concepts that determine the peoples’ civic engagement. The statistics cover 2000 households, 200 Civil Society Organizations distributed all over Egypt and interviews donors, recipients, religious people and other stakeholders. The numbers reflect philanthropic trends and for the first time provide a monetary estimate of local philanthropy of over USD 1 Billion annually. The survey proves that the per capita share of philanthropy outweighs the per capita share of foreign economic assistance to Egypt, which implies the significance of local giving if properly channeled, and not as it is actually consumed in the vicious circle of ad-hoc, person to person charity. In addition, the study relates local giving mechanisms derived from religion and culture to modern actual structures, like community foundations or community waqf that could bring about sustainable change in the communities. In sum, the work provides a comprehensive scientific base to help understand- and build on local philanthropy in Egypt. It explores the role that local individual giving could play in achieving sustainable development and building a new wave of community foundations not only in Egypt but in the Arab region at large. As a tangible result of this thesis, an innovative model that revives the concept of waqf and builds on the study’s results was created by the researcher and a dedicated board of trustees who succeeded in establishing Waqfeyat al Maadi Community Foundation (WMCF) that not only introduces the community foundation model to Egypt, but revives and modernizes the waqf as a practical authentic philanthropic structure.
3
Maranlou, Zahra. "Access to justice : what do Iranian women think about their law and legal system?" Thesis, University of Warwick, 2011. http://wrap.warwick.ac.uk/53808/.
Full textAbstract:
This study was conducted in Iran (Tehran) to assess perceptions of women with regard to access to justice. Its aims are firstly to provide original evidence about user perceptions of access to justice, and to contribute to related national/international debates and body of literature. The research reviews some of the literature in the field of access to justice to highlight similarities and gaps between contextual framework of Islamic and Western correlated legal concepts including definitional analysis in support of and/ or against access to justice model worldwide. Consideration was also given to a comparative framework for conceptualizing access to justice from Islamic Law perspectives. The research evaluates the historical development of access to justice in the Islamic Republic of Iran as a case study together with an analysis of barriers. The research also presents the findings of a survey study on women' perceptions (first study of its kind) in Iran conducted as a significant constituent of the thesis. The thesis concludes that existing Western models have excessively highlighted the need to strengthen state's institutions to provide 'access' to mechanisms of 'justice'. Access to justice as a complex phenomenon, however, incorporates various conceptions of 'justice' as an index for 'access' on one side and individuals as 'users of justice' on the other side. A distinctive conclusion is that 'legal empowerment' can provide wider 'access to justice' in Iran particularly for disadvantaged groups such as women.
4
Farrar, Salim. "The role of the accused in English and Islamic criminal justice." Thesis, University of Warwick, 1999. http://wrap.warwick.ac.uk/36414/.
Full textAbstract:
This thesis is a comparative study of the role of the accused in the systems of English and Islamic criminal justice. It seeks to explore the underlying relationship between the individual and the state through an historical, structural and contextual analysis of their rules relating to questioning and of confessions. The analysis of the English system covers the period 1800 to 1984, with particular reference to developments during the nineteenth century when the foundations for the modern English state were established. The analysis of the Islamic system combines traditionally Islamic and modern methods, assessing the "Islamisation" movement in Malaysia through a religico-structural understanding of juristic opinion from the four main schools of Sunnite jurisprudence. The thesis contributes to existing knowledge on a number of levels: first, it questions and revises the "myth" of "progress" that has dominated observations of the history of the English criminal justice system; second, it elucidates the relationship between Islamic law in theory and the law that is applied and proposed in its name in Muslim states; third, it provides an analytical framework for drawing comparisons between the underlying values of the systems of English and Islamic criminal justice. While acknowledging fundamental differences in terms of outlook and articulation, the author concludes there are important similarities expressed through such notions as "suspect" in the English system and "kafir"I"fasiq" in the Islamic. These act as intermediate constitutional categories to whom the state owe less protection. But the author notes also that these similarities are not observed necessarily in the "law" which is implemented or proposed in Muslim states; exact correspondence depends upon the over-arching political structure and the institution of Caliphate. The thesis is divided into six chapters: chapter one sets out the conventional view of the historical development of English criminal procedure and evidence; chapter two subjects that to a critique and chapter three offers a revised thesis. Chapter four, explores methods for interpreting and explaining Islam; chapter five sets out rules relating to confessions and questioning according to the four Sunni schools; chapter six puts them into "context" through an examination of the "Islamisation" process in Malaysia.
5
Moosagie, Mohammed Allie. "Islamic law and social change : a legal perspective." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/15878.
Full textAbstract:
Includes bibliographies.My thesis attempts, in the first instance to ascertain whether Islamic legal theory (usul) has made provisions for the accommodation of changing social exigencies. If such provisions have been made, are they adequately employed to achieve optimum benefit? In the second instance, the Islamic judicial process of discovering and formulating the Divine law and the elements that contribute towards it is subjected to scrutiny to ascertain whether it is proceeding according to the general provisions made for it in terms of the principles of the law or, whether this crucial process has since been abandoned, corrupted, distorted or replaced. I have chosen four representative classical works of usul al-fiqh on which to base my assessment of usul vis-a-vis changing social exigency. One of the works is a Shafi i exposition; the second two are Hanafi expositions, and the fourth is a general exposition not located in a particular legal school (madhhab).After illustrating the inherent leeways to be found in the legal propositions together with the inherent scope accompanying the notions of maslahah (utility) and urf (prevailing norms), I proceed to evaluate the extent to which these leeways are employed in the actual judicial process of two of the world's most authoritative judicial institutions namely; al-Azhar (Cairo) and Darul Ulum (Deoband). To do this, I analyze the fatwa (judicial decree) on organ transplantation from both these institutions. My analysis is not aimed at the outcome of the fatwahs, but rather at the processes involved in arriving at the particular verdicts. In my conclusion I point to the ample provisions made by legal theory to contend with any social exigency and to the tragic neglect of their employment in the application of the law to novel situations. It is, therefore, the inconsistency between the provisions of legal theory and the absence of their application in the actual judicial process that has contributed to the current tension between law and social change.
6
Ḥumayḍī, ʻAbd al-Raḥmān Ibrāhīm ʻAbd al-ʻAzīz. "al-Qaḍāʼ wa-niẓāmuhu fī al-Kitāb wa-al-sunnah." Makkah : al-Mamlakah al-ʻArabīyah al-Saʻūdīyah, Jāmiʻat Umm al-Qurá, Maʻhad al-Buḥūth al-ʻIlmīyah wa-Iḥyāʼ al-Turāth al-Islāmī, Markaz Buḥūth al-Dirāsāt al-Islāmīyah, 1989. http://catalog.hathitrust.org/api/volumes/oclc/24429501.html.
Full text
7
Abubakar, Musa Usman. "Gender justice and Islamic laws of homicide and bodily hurt of Pakistan and Nigeria : a critical examination." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/53630/.
Full textAbstract:
The operationalization of Islamic criminal system by some Muslim jurisdictions in the post-colonial era raises many human rights questions. On the one hand, the system is perceived as inhuman, cruel and degrading, and on the other, as gender discriminatory and iniquitous. This thesis focuses on the second part of this critique. Discrimination on ground of gender in Muslim states has been one of the major human right issues that engage scholars in heated debates on whether or not gender justice exists under the Islamic criminal regime. In relation to the offences of homicide and bodily hurt, discriminatory principles are often justified on economic argument. Interestingly, these principles are characterised as divinely ordained, thus unchangeable to eternity. However, the interplay between the divine and the human elements in the development of the regime is mostly ignored and it is often difficult to ascertain from where such principles emanate. This thesis examines the classical theorization, the Sharīʿah-inspired penal codes of Pakistan and the 12 Northern states of Nigeria, as well as case law, with a view to ascertaining whether the so-called gender justice deficit is intrinsic to the divine or is mere human construction. The findings of the thesis reveal existence of an egalitarian tone in the divine. The divine however has left considerable room for human agency to employ construction that best suits its circumstances. This enabled the classical jurists to differ on many issues that raise gender concerns in the modern world. Biological determinism plays a significant role in the construction of the divine. What appears to influence the jurists include cross-contextual analogy by creating linkages between unrelated themes and infiltration of customary practices. The thesis posits that the problem of gender justice under the regime can best be addressed from within the system. This is possible when contemporary Islamic scholarship engages in thorough intellectual analysis of the classical fiqh literature. This is likely to appeal to Muslims in whose territories the law operates. The thesis therefore suggests participation of all stakeholders, including women, in criminal policy formulation. This would entail employing affirmative action measures that would guarantee participation of women in both legislative and judicial process.
8
Elkhalifa, Abdel Rahman Ibrahim. "Development and future of English Law and Islamic Law in the Sudan." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=97844.
Full textAbstract:
This thesis addresses The Development and The Future of English and Islamic Law within the given historical, political, social and legal context of the Sudan. In so doing it uses a comparative methodology. Part I highlights the genesis and the development of Islamic Law in the Sudan over three centuries. Emphasis is on the legal aspect of this long history, though other relevant factors are highlighted as well. The characteristics of this era are significant in understanding later developments of both English and Islamic Law as well as their future in the Sudan. Part II focuses on the factors that were conductive to the development of English Law from 1899 to 1956. It examines how the British investment in English legal education, legal training, dissemination of English language and different aspects of the Sudanese public life created a factor of unexpressed consciousness of legal training and affinity which led to the ultimate adoption of English Law and the assimilation of the Sudan into the English legal heritage. Part III presents how the generation of the Sudanese lawyers who were reared in the colonial era enhanced the development of English Law after the independence. Their methodology of adopting and not adapting English Law is thoroughly examined. [...]Cette thèse traite du développement et de l’avenir de la loi anglaise et islamique dans le contexte historique, politique, social et légal du Soudan. Pour se faire, elle utilise une méthodologie comparative. La partie 1 souligne l’origine et le développement de la loi islamique au Soudan sur une période de trois siècles. L’emphase porte sur l’aspect légal de cette longue histoire, bien que d’autres facteurs significatifs soient également mentionnés. Les caractéristiques de cette période sont nécessaires afin de comprendre le développement ultérieur de la loi anglaise et islamique ainsi que leur avenir au Soudan. La partie il traite des facteurs qui ont mené au développement de la loi anglaise de 1899 à 1956. Elle analyse la facon dont l’investissement britanique dans l’éducation et la formation juridiques anglaises, et dans la dissémination de la langue anglaise, ainsi que les différent aspects de la vie publique soudanaise ont créé une certaine affinité dans les milieux juridiques soudanais avec la loi anglaise; ce qui a abouti à son adoption ultime et à l’assimilation du Soudan dans l’héritage juridique anglais. La partie III présente la facon dont les générations d’avocats soudanais, formés au cours de la période de colonisation, ont participé au développement de la loi anglaise après l’indépendance. Leur méthodologie dans l’adoption et l’adaptation de la loi anglaise est analysée entièrement. [...]
9
Callewaert, Teresa. "Theologies Speak of Justice : A Study of Islamic and Christian Social Ethics." Doctoral thesis, Uppsala universitet, Teologiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-315357.
Full textAbstract:
The purpose of this study is to investigate how religious ethics, while retaining its identity, can contribute to political debate and to the understanding of justice. The inquiry addresses these issues by focusing on theological perspectives which challenge the solutions offered to these questions by the liberal paradigm. Three kinds of challenges are studied, each of which is represented by one thinker from the Islamic tradition and one from the Christian tradition, in order to enable a comparative perspective on the contributions of religious traditions. The thinkers studied are: 1) modified liberalism, represented by Abdullahi Ahmed An-Na’im and Duncan B. Forrester; 2) liberationism, represented by Ali Shariati and Gustavo Gutierrez; and 3) radical traditionalism, as developed by Tariq Ramadan and John Milbank. The study is organized around three main questions. First, how can innovative interpretations of religious tradition be plausibly justified? Second, what role should religious arguments and reasons play in the political sphere? Third, what can religious ethics and theological thought contribute to the understanding of social justice? The questions are engaged by means of a critical and reconstructive engagement with the six thinkers. The suggested solutions are assessed in terms of the criteria of authenticity, communicability, and potential for transformation. It is argued that a religious ethic can rely on a tradition without accepting conservative understandings of that tradition. Furthermore, it is argued that the coherence of religious ethics can be made available for public discourse but that the hospitability of the public forum to such contributions needs to be realized through a deepened democratic culture and a critique of power structures which condition perceptions of rationality. While religious ethics do not articulate complete alternative understandings of justice, they articulate contributions by relating justice to human sociality and to transcendence.
10
Thani, Ahmed Abdulla Farhan. "The projected Arab Court of Justice : a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah." Thesis, University of Glasgow, 1999. http://theses.gla.ac.uk/1571/.
Full textAbstract:
The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their appointment, qualifications, independence and other issues related to them. Chapter three concentrates on the organisation of the projected ACJ, comparing its draft Statute with the Statute of the International Court of Justice (ICJ) and other regional international courts. The chapter will also show how far the Arab draftsmen have been influenced by principles and rules of Islamic Shariah, especially in matters relating to the qualification of judges. Furthermore, the chapter will discuss other points related to the organisation of the bench such as nomination of candidates, system of election, constituting chambers, appointing ad hoc judges etc. The fourth chapter explains in detail at the level of theory as well as of practice the role of Islamic Shariah as a source to be applied by the projected ACJ. The chapter points to the need to discuss the origins and fundamental conceptions of Islamic Shariah as a law capable to be applied by the projected ACJ. Chapter five continues with a discussion of the jurisdiction of the ACJ, and makes detailed reference to the concepts of jurisdiction ratione personae, ratione materiae and the function of the ACJ to give advisory opinions. The thesis considers whether the Arab drafters have developed the above terms or have simply adopted them as they exist in the Statute of the International Court of Justice. The conclusions summarise the findings of the Thesis, and are accompanied by some critical remarks.
11
Gonzalez, John. "Natural law a framework for the social justice process /." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.
Full text
12
Zantout, Mida. "Women, mothers, and children: colonization and Islamic law in the Lebanese state." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=103581.
Full textAbstract:
This thesis investigates the rights of women under Islamic law, focusing on mothers and their children and comparing traditional Islamic law with the contemporary Lebanese legal system. The approach chosen here is to examine the laws pertaining to nasab (lineage). My analysis of the evolution in understanding nasab ultimately leads to a discussion on the denial of paternity, the li‘ān procedure, zinā (extralegal sexual intercourse), and so-called "crimes of honour," as well as an analysis of the modern notion of citizenship. The pre-modern jurists' understanding is then compared and contrasted with the post-colonial view as it has come to be represented in contemporary Lebanon. Ultimately, I aim to demonstrate that the flexibility with which pre-modern Islamic law was applied found itself seriously impaired by the advent of colonialism, French legal influence, and the subsequent rise of the nation-state – negatively affecting Lebanese women and their rights.Ce mémoire a pour but d'explorer le droit des femmes sous la loi Islamique, plus précisément celui des mères et de leurs enfants. Par conséquent, le concept de nasab (filiation) sera traité. L'étude du concept de nasab entraîne une discussion sur des thèmes inter-reliés tel que le refus de la paternitée, la procédure de li‘ān, le zinā, les crimes motivés par l'honneur, ainsi que le droit à la naturalisation. Cette discussion sera suivie par une analyse comparative entre l'interprétation traditionnelle des lois relatives aux procédures mentionées ci-dessus, et la situation contemporaine au Liban. En somme, ce mémoire a pour but d'établir que la flexibilité dans l'application du droit Islamique a été sérieusement affectée par la colonisation et la naissance de l'état-nation; des changements qui ont engendré un sérieux déclin dans le domaine du droit de la femme. En effet, l'influence légale Française n'a pas – contrairement aux croyances populaires – amélioré la situation de la femme Libanaise, bien au contraire.
13
Antonopoulos, Constantina. "The ICC, the "interests of justice" and national efforts at accountability falling short of formal justice: an exercise in prosecutorial discretion." Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=40717.
Full textAbstract:
Uganda has reached a peace agreement with the leaders of the LRA, indicted by the ICC, in which they would be tried by national tribunals and serve “alternative sentences”. The LRA demands the withdrawal of the ICC warrants as a pre-condition to any settlement. While this peace proposal may not satisfy the admissibility regime of the Rome Statute, this thesis argues that in certain circumstances the ICC Prosecutor could defer to accountability mechanisms falling short of formal prosecution and punishment if it is in the “interests of justice” to do so pursuant to Article 53 of the Rome Statute. The ICC OTP must however develop a policy on the application of this discretionary criterion which remains undefined, preferably in the form of prosecutorial guidelines. A pluralist interpretation of the “interests of justice” is most consistent with the objectives of the Rome Statute, the complementary nature of the ICC and the unique context of each situation of mass atrocity.Le règlement de paix entre le gouvernement ougandais et le LRA, prévoit que les chefs de ce dernier, accusés devant la CPI, seraient poursuivis devant des tribunaux nationaux et feraient face à des peines «alternatives ». Les chefs du LRA requièrent que ces mandats soient retirés afin de signer une entente. Bien que la proposition ougandaise ne puisse satisfaire au régime d’admissibilité prévu dans le Statut de Rome, cette thèse prétend que dans certaines circonstances, le Procureur de la CPI pourrait arrêter les procédures afin de permettre le déroulement de procédures nationales qui ne constituent pas de la justice formelle, et ce dans les « intérêts de la justice » prévus à l’Article 53. Le Procureur devra développer une politique l’application de ce critère discrétionnaire, plus particulièrement dans l’adoption de lignes directrices. Cette thèse argue qu’afin d’atteindre les objectifs de la CPI, de respecter sa nature complémentaire ainsi que pour reconnaître la nature unique de chaque situation d’atrocités, le Procureur devrait adopter une interprétation pluraliste des « intérêts de la justice ».
14
Samoudi, (Dekaidek) Nora Tawfiq. "Social justice for sex trafficked females and sex workers in Jordan." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2018. https://ro.ecu.edu.au/theses/2117.
Full textAbstract:
This thesis explores social practices, policies and laws constituting criminal and social justice approaches to providing services and amenities for the sex trafficked females in Jordan. As the discussion of sex trafficked females overlaps with sex workers, this research explores the human rights of both groups who experience different forms of gender-based violence. To understand the protection, care and support that Jordan provides, I interviewed seven service providers offering protection for victims of sex trafficking. Also, I analysed the semiprohibitionist Jordanian Penal Code and the Human Trafficking Legislation that criminalise sex trafficking perpetrators and sex-related actions. This research relies on insights from intersectionality theory to enquire into how better to protect and support women who face intersecting social disadvantages and the threat of honour-based killing that impede them from accessing social and criminal justice. This thesis explores three themes, cultural context, feminism and human rights, and argues for social justice for sex trafficked victims and sex workers including those who neither want to exit sex work nor raise a complaint to the administrators of criminal justice. This thesis found that sex trafficked victims and sex workers were not offered appropriate assistance as the service providers were disempowered. It also found that failure to understand honour and morality reinforces the stereotyping of sex workers.
15
Travis, Lawrence F., and Bradley D. Edwards. "Introduction to Criminal Justice." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/032329071X.
Full textAbstract:
This student-friendly introductory text describes the criminal justice process―outlining the decisions, practices, people, and issues involved. It provides a solid introduction to the mechanisms of the criminal justice system, with balanced coverage of the issues presented by each facet of the process, including a thorough review of practices and controversies in law enforcement, the criminal courts, and corrections.https://dc.etsu.edu/etsu_books/1022/thumbnail.jpg
16
Van, Heerden Jennifer. "Legal Education through a Social Justice Lens: A Framework for Teaching Law in the South African Context." Thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/14409.
Full textAbstract:
This research seeks to establish a framework for teaching law that enables graduates to practice law in a manner that furthers social justice. The first half of this paper investigates why it is legitimate to prioritize social justice in the Legal Education discipline. Three sets of literature support this argument. First, South African higher education policy, which emphasizes the need to produce graduates who are able to contribute to societal transformation. Second, the University of Cape Town's Social Responsiveness Policy and the University's Strategies for Change, which mirror national higher education priorities. The third set comprises discussions emerging from Critical Legal Studies as to the purpose of Legal Education. The second half of this paper turns to the framework itself. Experiential learning theory and Paulo Freire's "critical consciousness" shape the design of the three-pillared framework. The three pillars emerging are: social consciousness, sensitivity to context, and critical, social-orientated thinking. This framework embodies the kind of commitment to social justice needed for transformation in South Africa.
17
Harper, Sarah Catherine. ""Doing justice" versus "undoing injustice" : factors influencing the experience of engaging with the Criminal Justice System for survivors of child sexual abuse." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30836/.
Full textAbstract:
Purpose: This study aimed to explore factors that may influence the experience of engaging with the Criminal Justice System (CJS) for adult survivors of child sexual abuse (CSA), from the perspective of key informants. These informants offered expert perspectives on an under-researched topic, based on their in-depth experience of supporting a wide range of survivors of CSA through the legal process. Background: Although a more common experience than one might think, child sexual abuse (CSA) is an offence that is not often prosecuted. This is due to a range of reasons, including its significant impact on those abused, delayed disclosure, and a reluctance to engage in a legal process that has been described as “re-traumatising” for victims of sexual assault (Clark, 2010). In Scotland, this has led to significant comment about and concerted motivation to adapt the prosecution process to more effectively meet the needs of victims and improve their experience of engaging with the Criminal Justice System (CJS) (Scottish Courts & Tribunals Service, 2015). The purpose of this study is to examine in more detail the current CJS from the standpoint of those supporting survivors of CSA through it, to better understand its impact and how it might be better adapted to their needs. Method: Support professionals from the Crown Office and Procurator Fiscal Service (COPFS) and Rape Crisis Scotland were recruited. Eight ‘key informants’ with extensive experience in supporting survivors of CSA were interviewed regarding their perceptions of what factors influence survivor’s experiences of engaging with CJS. Thematic analysis was used to analyse the interview data. Conclusions: Two key themes were identified: ‘Justice: Not just what happens, but how’ and ‘Danger of getting it wrong: More harmful than helpful’. Themes emphasised the range of experiential factors which were perceived to affect survivors’ experience of the CJS beyond the legal verdict alone and the detrimental psychological impact associated with negative experiences of engaging with the legal process. Recommendations for practice and reform are outlined.
18
Grant, Terence Thomas. "Social justice in the 1983 Code of Canon Law an examination of selected canons /." Theological Research Exchange Network (TREN), 1988. http://www.tren.com.
Full text
19
Carline, Anna. "Women who kill their abusive partners : an analysis of queer theory, social justice and the criminal law." Thesis, University of Hull, 2002. http://hydra.hull.ac.uk/resources/hull:3551.
Full textAbstract:
This thesis examines the criminal law's treatment of women who kill their abusive partners through a theoretical framework developed from queer theory and social justice. More specifically, in relation to queer theory, the thesis considers the work ofJudith Butler and her notions of gender as performativity, cultural intelligibility, materialisation and resignification. The model of social justice used is drawn from the work of Iris Marion Young. One particular aspect of her model of social justice is considered to be pertinent: cultural imperialism. Cultural imperialism maintains that an injustice in the form of domination and oppression is committed when inferior social groups are constructed from the outside by the dominant social group and where their particular characteristics are rendered 'Other'.The thesis applies the work of these two authors to a number of criminal cases in order to analyse the following issues: the construction of a woman's identity by the legal system; the existence of differences between women - particularly racial, cultural and ethnic differences - and the possibility of achieving justice within the existing criminal law. The thesis scrutinises Court of Appeal judgments and provides a close reading of two cases: Zoora Shah, who remains convicted for murder, and Diana Butler, who was, on retrial, convicted for manslaughter on the grounds of diminished responsibility.I argue that the murder/manslaughter and custody/probation distinctions are linked to the unintelligible/intelligible gender distinction. I further argue that in those cases in which a manslaughter conviction is achieved, the result can be seen to be both at once just and unjust. Whereas it may be 'legally just' when compared to cases involving men who have killed their partners, it is also 'socially unjust' due to the cultural imperialistic manner in which a woman's identity is constructed. Furthermore, the thesis highlights that, in addition to prevailing gender scripts to which women must conform, there also exists racial regulatory scripts which impact upon the construction of a woman's identity and her perceived cultural intelligibility. Attention is also paid to the instability of meaning which is considered to provide an opportunity for subversive transformation.In the conclusion the thesis forwards an overview of a proposed defence, which is based upon a reformulation of the battered woman syndrome and the defence of duress. This defence is considered to offer a more socially just outcome for womenwho kill.
20
Dabbagh, Zahran. "The Discrimination in Workplaces : A Critical Discourse Analysis of the European Court of Justice Judgment about the Islamic Veil Prohibition." Thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-150600.
Full textAbstract:
The issue of the Islamic headscarf has been in the centre of the political debate whether it fits into the Western culture or not. Several member-states in the European Union have issued laws and regulations that impose restrictions on wearing the Islamic headscarf in the public sphere. Even some EU courts have ruled such restrictions imposed by member-states. Recently, this issue has been discussed in the context of the occupational life. In a dispute before the European Court of Justice, the ban was considered as legitimate. In this research, I analyse the judgment from a socio-legal perspective and analyse the intersectional identity of Mrs. Achbita who is a party in the dispute, considering that she belongs to the social category of veiled working Muslim women.
21
Weisbord, Noah. "[The] Law and Ethics in Gacaca: balancing Justice and Healing in post-genocide Rwanda." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=92134.
Full textAbstract:
Rushing waters pour down the bills like waterfalls and cleave massive ruts into the red clay surface of the road to Gishamvu during the rainy season. In the dry season, the scarred surface hardens, and a layer of dust rises from tires and wind in a murky red mist. The narrow road, eut aggressively up the mountain, is precarious. A bridge over a small stream is littered with broken logs used to patch gaping holes that trap the tires of passing trucks. The bridge barely holds its banks. At a crossroads, up a steep slope, sits a monument to the Virgin Mary. Colorfully dressed women walk slowly up the scorched hill, heavy loads on their heads, sorne with a baby or a small child wrapped tightly against their backs. Men with farm implements kick the dust on their way to Gishamvu.fr
22
Awass, Omer. "FATWA: THE EVOLUTION OF AN ISLAMIC LEGAL PRACTICE AND ITS INFLUENCE ON MUSLIM SOCIETY." Diss., Temple University Libraries, 2014. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/259501.
Full textAbstract:
ReligionPh.D.
My dissertation examines the transformation of Islamic legal discourse and the impact of that discourse on Muslim society. More particularly, it analyzes fatwas (religious legal edicts) over the course of Muslim history so as to determine how this legal mechanism was instrumental in the making and remaking of Islamic law and society. Historically speaking, substantive aspects of Islamic law developed out of the material of fatwas. In the very early stages of Islamic history there were no codified laws to guide people in their religious and social concerns, but the manner in which Muslims received guidance with regards to their religious practice was that they posed their concerns to early proto-jurists in the form of religio-legal questions, which these jurists addressed in the form of fatwas. Out of the critical mass of these fatwas, Islamic legal manuals began to be compiled and a definitive corpus of Islamic law came into being. Essentially, my investigation looks at the development and continuing evolution of Islamic law through lens of a particular legal practice: issuance of fatwas. By examining fatwas in different periods of Islamic history from the beginning until today, I chart the transformations that take place in Islamic legal tradition(s) as a result of the encounter with changing socio-historical conditions. More particularly, my analysis draws attention to the way in which legal practices amongst jurists created discursive shifts to established norms within Islamic legal discourse on how these discursive shifts contributed to the evolution of Islamic law. Moreover, by analyzing fatwas issued from Muslim jurists from various regions and periods, I identify how fatwas were essential catalysts for historical change, which gives us a better appreciation of the interrelationship between law and society. This historical foundation provides a basis for a diachronic assessment of the transformations that take place in Islamic legal tradition as a result of the encounter with colonialism. In latter part of my investigation, I examine how the practice and rationalization of fatwa has changed due to the ramifications of colonialism on the Muslim world. In this era, the established practices and doctrines of Islamic law were critiqued through the lens of modern Western ideas. This spawned modern Muslim movements that sought to reform Islamic law and redefine its relationship to the state and society. After historically establishing the ideas which were advocated by reformers, my goal is to assess whether those calls for reform have actually affected the practice Islamic law at the substantive and procedural levels. I do this by subjecting fatwas issued in the postcolonial period to critical analysis, so as to determine whether the procedures or rationale of fatwas have changed in a fundamental way. The larger themes that I address in my latter analysis is whether this modern trend amongst some Muslim thinkers and jurists towards contextually oriented legal concepts represents a lasting shift away from the traditional textually oriented legal methodology to produce a new type of discourse that is revolutionizing Islamic law or is it a passing phenomenon that will not make a lasting impact on how Islamic law is derived in the future. Fatwas are the key starting points in addressing these question because they represent the most elemental dimensions of Islamic law and the new legal developments within it. So, they offer vistas on how Muslim religious and legal practice will undergo a transformation in the future.
Temple University--Theses
23
Kastner, Philipp. "The ICC - savior or spoiler? potential impacts of international criminal justice on ending the Darfur conflict." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=18691.
Full textAbstract:
This thesis takes the Darfur conflict as a case study to examine the issue of whether and how the International Criminal Court (ICC) can play a more active role to halt mass atrocities. Due to the provisions of the Rome Statute and general international law, the ICC Prosecutor has the legal discretion and obligation to balance the positive and potentially negative outcomes of its actions on ongoing conflicts like the one in Darfur. The ICC involvement has already had effects on the political situation in Sudan. However, these impacts could be more significant if key players of the conflict, including high officials of the Sudanese government, were targeted. While proceeding carefully and in the interests of the victims, the ICC can, together with the necessary political support of the international community, develop into an institution that furthers international peace and security by influencing ongoing conflicts.Cette thèse prend le conflit au Darfour comme exemple pour examiner la question à savoir si et comment la Cour pénale internationale (CPI) peut jouer un rôle plus actif afin de limiter des atrocités de masse. En raison des dispositions du Statut de Rome et du droit international général, le Procureur de la CPI a la discrétion et l'obligation d'équilibrer les effets positifs et ceux potentiellement négatifs de ses actions dans des conflits actuels comme celui au Darfour. Déjà, l'implication de la CPI a eu des effets sur la situation politique au Soudan. Cependant, ces impacts pourraient être plus importants si des acteurs clés du conflit, y compris les hauts responsables du gouvernement du Soudan, étaient visés. Tout en procédant prudemment dans l'intérêt des victimes, la CPI peut devenir une institution qui favorise la paix et sécurité internationales en influençant les conflits actuels. Le soutien politique de la communauté internationale envers la CPI est crucial afin d'atteindre ce but.
24
Braswell, Michael, Belinda R. McCarthy, and Bernard J. McCarthy. "Justice, Crime, and Ethics." Digital Commons @ East Tennessee State University, 2014. http://amzn.com/0323262279.
Full textAbstract:
Justice, Crime, and Ethics, a leading textbook in criminal justice programs, examines ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. Comprehensive coverage is achieved through focus on law enforcement, legal practice, sentencing, corrections, research, crime control policy, and philosophical issues. The contributions in this book examine ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field.https://dc.etsu.edu/etsu_books/1069/thumbnail.jpg
25
Faulkner, Brandy S. ""Call Me Bill": Social Justice and the Administrative Jurisprudence of William Brennan, Jr." Diss., Virginia Tech, 2012. http://hdl.handle.net/10919/77070.
Full textAbstract:
This study examines former U.S. Supreme Court Justice William Brennan, Jr.'s opinions on the following administrative law topics: civil rights, civil liberties, human resource management, due process, and privacy. The purpose of this examination is (1) to apply Rohr's regime values framework to Brennan's case law, (2) to determine the usefulness of Brennan's regime values to discretionary decision making, and (3) to consider the effectiveness of these regime values as a pedagogical approach to ethics.
A purposive sample of 25 cases was selected for the study. Case briefing and discourse analysis were the primary research methods used. I found eight regime values in Brennan's opinions: freedom, accountability, flexibility, equity and equality, unconstitutional conditions, property, and social justice. Social justice was his dominant regime value and is the basis for all of his jurisprudence. Brennan's regime values reconcile two approaches to ethics, the low road and the high road, by emphasizing a Constitutional basis for the latter.
Brennan's values may help administrators learn how to think through the important decisions they make daily by providing both a foundation and justification for their choices. Public administrators can be taught how to use the regime values method to extract additional values.Ph. D.
26
Karakira, Steve, of Western Sydney Macarthur University, and Faculty of Education. "Lexis versus text : the case for translating English legal texts into Arabic." THESIS_FE_XXX_KARAKIRA_ S.xml, 1997. http://handle.uws.edu.au:8081/1959.7/19.
Full textAbstract:
The thesis explores the nature of the difficulties involved in translating legal texts, focusing mainly on translating English legal texts into Arabic. It shows that these difficulties fall into two categories, structural and terminological. the latter being more problematical. The language of law is distinct, rigid, precise and too formal. The difficulty arises when a translator's exposure to the cultural and legal environments of his working languages is unbalanced. This could lead a translator to misunderstand not only the significance of the specialised terms used, but also the distinctive features of syntax and register of the original language text. The other, and more significant, difficulty arises from the lack of equivalence at the term level in the two languages. The research was conducted in two parts. In the first part, original legal texts in both English and Arabic were analysed, and the linguistic exponents extracted and compared. In the second part of the research, the development process of the English and Arabic legal terminology were considered, and the differences in terminology imposed by the different nature of the legal environments explored, including the adversarial versus inquisitorial systems. An empirical study concludes the thesis. It consists of a questionnaire and a list of legal terms which twenty translators were asked to complete. The results of the research are quite controversial. The argument is that difficulties involved in legal translations are more conceived than real in so far as textual, syntactic and structural features are concerned. The similarities between English and Arabic legal texts in this respect are striking. The confusion and indecisiveness which usually reign when translating English legal texts into Arabic will be alleviated through providing examples from contemporary Arabic legal texts, accompanied by textual and linguistic analyses. The real difficulty is in the field of terminology. However, a corpus of terms in the criminal code is discussed, focusing on terms with direct application to the Australian situation. This should be of direct benefit to Arabic translators and interpreters in Australia and other English-speaking countries.Master of Arts (Hons) (Translation)
27
Braswell, Michael, Belinda Rodgers McCarthy, and Bernard J. McCarthy. "Justice, Crime, and Ethics." Digital Commons @ East Tennessee State University, 2012. http://amzn.com/1437734855.
Full textAbstract:
"The seventh edition of this criminal justice text on ethics has been updated with new case studies and exercises, new chapters on ethics in police training and interrogation, and expansions and revisions throughout. Material is grouped under sections on ethical issues in policing, ethics and the courts, ethical issues in corrections, ethical issues in crime control policy and research, and ethics and the future. Specific topics discussed include how police officers learn ethics, legally permissible but unethical conduct, guidance for lawyers, types of restorative justice programs, ethics and prison, and the Ford Pinto case. The text is geared towards undergraduates in criminology programs and offers lists of key concepts, text boxes, and discussion questions among its learning features."--SciTech Book Newshttps://dc.etsu.edu/etsu_books/1002/thumbnail.jpg
28
Atkinson, Kelsey. "Bridging the Justice Gap: Exploring Approaches for Improving Indigent Access to Civil Counsel." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/pomona_theses/121.
Full textAbstract:
The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars and the legal community, the public is unaware of the justice gap- about 80% of Americans assume the right to civil counsel already exists. This thesis conducted two studies to understand possible reasons for this gap between public knowledge and reality and to identify the possibility of manipulating public knowledge through exposure to injustices. The findings from these studies are used to inform a network approach to shape public support for Civil Gideon so that the US court system can truly represent opportunity and equality for all citizens.
29
Jeremy, Alexa. "A 'power' deficit? A discussion of the limitations of the 'legal empowerment of the poor' approach to development." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4704.
Full text
30
Burton, Marie. "Calling for justice : comparing telephone and face-to-face advice in social welfare legal aid." Thesis, London School of Economics and Political Science (University of London), 2015. http://etheses.lse.ac.uk/3330/.
Full textAbstract:
This thesis considers the impact of the major shift to telephone-only services that took place in social welfare legal aid in April 2013. It asks whether changing the method of delivery of social welfare advice from face-to-face to telephone transforms the nature and quality of that advice in ways that are detrimental to the client. The lawyer-client relationship has been a major concern of work carried out previously by law and society scholars. Significantly, none of these commentators considered the impact of the telephone as a sole method of delivery. This research aims to contribute towards filling the gap in the current literature by carrying out an in-depth qualitative study which compares telephone and face-to-face advice in social welfare legal aid. On the basis of empirical data, gathered through interviews and observations involving lawyers, advisers and clients, the thesis identifies three main sets of problems associated with telephone advice. First, local knowledge, community networks and working relationships with opponents put face-to-face lawyers/advisers in a better position to take action on clients’ behalf. Second, the absence of inperson interaction can have a negative impact on the interpersonal elements of the relationship, which can affect clients' willingness to give full instructions. Third, the practical aspects of taking instructions and giving advice are adversely affected by telephone-only delivery, particularly as a result of the absence of non-verbal communication, and the difficulties associated with dealing with documents. The overall conclusion of this research is that some clients are able to overcome the potential barriers of telephone advice, but less capable clients and those with more complex problems are put at a significant disadvantage. In the contemporary situation of scarce resources, this research directly challenges the government rhetoric that changes to the delivery of legal aid target services at those most in need.
31
Martin, Christopher L. "Distribution and procedural justice : effects on satisfaction and commitment." Diss., Georgia Institute of Technology, 1987. http://hdl.handle.net/1853/29169.
Full text
32
Užmiškytė, Eglė. "Socialinis teisingumas civilinėje teisėje: Lietuva europiniame kontekste." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130626_091815-58310.
Full textAbstract:
Socialinis teisingumas šiame darbe suvokiamas kaip tam tikra schema (modelis), apimanti keletą pagrindinių elementų, kuriuos galima laikyti tam tikrais vertinimo kriterijais: silpnosios šalies gynimas, autonomijos teisė ir jos ribos, teismo diskrecijos teisė civilinėje teisėje ir žmogaus teisių poveikis civilinei teisei. Vadovaujantis minimais kriterijais ir jų visetu kaip socialinio teisingumo vertinimo sistema siekiama ištirti civilinės teisės šaką – panagrinėti atskirus civilinės teisės institutus iš socialinio teisingumo perspektyvos. Pabrėžtina, kad aptariamas socialinio teisingumo modelis yra tik pasiūlymas, tam tikra perspektyva, iš kurios civilinė teisė galėtų būti vertinama.
Dėl ribotos darbo apimties nagrinėjami tie civiliniai teisiniai santykiai, kurie darbo autorės nuomone, su socialinio teisingumo modeliu susiję glaudžiausiu ryšiu. Detalizuojant kiekvieną minėto modelio elementų, darbe ypač akcentuojami sutartiniai teisiniai santykiai. Aiškinantis silpnosios šalies gynimo principo turinį, kaip vieno socialinio teisingumo modelio elementų, daug dėmesio skiriama vartojimo sutartiniams teisiniams santykiams - nagrinėjamas vartojimo sutarties institutas, vartotojo, kaip silpnosios vartojimo sutarties šalies statusas, taip pat aiškinamasi, kodėl silpnosios šalies statusas tam tikrais atvejais suteiktinas ir verslo subjektams. Darbe siekiama atskleisti pusiausvyros tarp asmens autonomijos teisės bei jų tarpusavio solidarumo būtinybę socialinio teisingumo požiūriu –... [toliau žr. visą tekstą]In this thesis the social justice is conceptualized as a particular scheme (model) which embraces several essential elements, in other words certain evaluation criteria. According to these criteria an author of this thesis analyzes a branch of civil law – in particular certain legal institutes from the perspective of social justice. The chosen social justice model implicates five elements: regulatory legitimacy, protection of weaker party, individual autonomy and social solidarity, discretion of courts and human rights‘ impact on civil law. Four of them (excluding regulatory legitimacy) are applied. A great attention is paid to contract law, especially to the consumer contracts, as well as consumer‘s category itself. One of the aims of this thesis is to discuss the importance of fairness in contract law (contractual and pre-contractual obligations) as a restrictive factor of individual autonomy. Discretion of courts is being discussed from the perspective of social justice – how broad is the discretion given for the purposes of social justice. Lastly the impact of human rights to civil law is being discussed – it is relevant to ascertain whether human rights doctrine and civil law are related. The main purpose of this thesis is to analyze the civil law norms and case law in Lithuania from the perspective of social justice and to compare separate institutes to the social justice model mentioned above. The hypothesis of this thesis has been affirmed. It is assumed that due to... [to full text]
33
Hilal, Maha. ""Too damn Muslim to be trusted"| The war on terror and the Muslim American response." Thesis, American University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3633894.
Full textAbstract:
"Our war is not against Islam.....Our war is a war against evil…" -President George W. Bush.
Despite President Bush's rhetoric attempting to separate Muslims in general from terrorists who adhere to the Islamic faith, the policies of the War on Terror have generally focused on Muslims domestically and abroad, often for no greater reason than a shared religious identity with the perpetrators of the 9/11 attack (see for example, National Special Entry-Exit Registration). While foreign-born Muslims were the primary subjects of earlier policies in the War on Terror, several cases involving Muslim Americans suggest that despite holding U.S. citizenship, they may be subject to differential standards of justice (i.e. Hamdi v. Rumsfeld or the targeted killing of Anwar Al-Awlaki). Building on previous scholarship that has examined the Muslim American experience post 9/11, this dissertation focuses on the relationship between the substance and implementation of laws and policies and Muslim American attitudes towards political efficacy and orientations towards the U.S. government. In addition, this dissertation examines the relationship between policy design and implementation and Muslim American political participation, alienation, and withdrawal.
This study was approached through the lens of social construction in policy design, a theoretical framework that was pioneered by Anne Schneider and Helen Ingram. Schneider and Ingram (1993, 1997) focus on the role of public policy in fostering and maintaining democracy. With the goal of understanding public policy as a vehicle to promoting or inhibiting democracy, their analysis focuses on how the use of social constructions of different policy group targets can affect their attitudes towards government and citizenship, in addition to behaviors such as political participation.
According to Schneider and Ingram (1993, 1997, 20005), groups with favorable constructions can expect to receive positive treatment and exhibit positive attitudes towards government and participate at higher levels than groups with negative social constructions, who will develop negative orientations towards government, a decrease in feelings of political efficacy, and lower levels of political participation. Within this conceptualization of the impact of policy on target groups is the element of political power, which Schneider and Ingram (1993, 1997, 2005) examine as a measure of the degree to which different target groups can challenge their social construction and, subsequently, the policy benefits or burdens directed at them.
Research studying the impact of policies on differently constructed groups (welfare recipients, veterans, etc.) has empirically verified Schneider and Ingram's (1993, 1997, 2005) social construction in policy design theory. However, none of the existing research has yet to apply this framework to Muslim Americans as a group and in the context of counter-terrorism policies.
In order to situate the Muslim American responses according to the theories' main propositions, this study provides a background on many of the post 9/11 counter-terrorism policies, highlighting those policies that have disproportionately impacted members of this group. This research also examines how the War on Terror has been framed, and the actors involved in the construction of the Muslim image, with a focus on discerning the ways in which members of this population have been demonized and positioned as collectively responsible for acts of terrorism perpetrated by other Muslims.
This study utilized a mixed methods approach and included a quantitative survey and qualitative interviews. Purposive sampling was used in order to obtain a sample of Muslim Americans from different racial and ethnic backgrounds proportionate to the demographics of this community in the United States. The study findings are based on surveys from 75 individuals and interviews with 61 individuals.
The findings in this study reveal that Muslim Americans overwhelmingly perceive themselves to be the target of the War on Terror policies. Further, the data in this study shows that Muslim Americans across a range of backgrounds question the degree to which they are entitled to equity in both cultural and legal citizenship, including procedural justice. Despite exhibiting these views towards citizenship and procedural justice, a majority of Muslim Americans nonetheless reported increased levels of political participation as a response to policies that targeted them.
These findings provide additional empirical support for the social construction in policy design framework. Specifically, this data demonstrates that Muslim Americans in large part believe themselves to be the policy targets and have internalized many of the social constructions that have emerged vis-à-vis policy design and implementation. Consequently, Muslim Americans have developed subsequently negative orientations towards government and a sense of diminished citizenship. While the study results in terms of increased political participation may appear to be at odds with what the framework suggests, these increased levels of political participation are more properly couched as being a function of fear or threat, and in this sense a symptom of being targeted. (Abstract shortened by UMI.)
34
Yip, Kwan Chung. "Legal Production of Land (In)justice in Hong Kong." HKBU Institutional Repository, 2019. https://repository.hkbu.edu.hk/etd_oa/601.
Full textAbstract:
This thesis probes the land (in)justice in Hong Kong by presenting an archival research which contributes to the inter-disciplinary scholarship of legal geography. It conceptualises the leasehold land system as the legal mechanism in the land (re)development regime and politicises the understanding of land (in)justice by explaining how it is produced and reproduced by the legal mechanism. Drawing on critical realism, Dikeç's spatial dialectics of injustice, Lefebvre's concrete abstraction and several concepts in legal geography, this thesis proposes "spatio-legal dialectics of land (in)justice" as the theoretical framework. Reconstructing the historical geography of this former British colony, through the lens of scalar politics, demonstrates that the legal system and land development have been inextricably intertwined in Hong Kong. Through the legal technicalities of land leases, the Colonial Government transformed the territory of Hong Kong into an exploitable land property, and thus secured the absolute control of land and the effective governance of the society. The expiry problem of the land lease placed the future of Hong Kong as a diplomatic question between China and Britain. The "Tin Shui Wai Myth", situated in the 1980s, reflected the frictions between the two countries. The "Myth" is not only related to the production of the spatiality of injustice as a new town but also associated with the production of the injustice of spatiality because of some legal changes. These legal changes, related to land lease and urban infrastructure, evolved after the Sino-British Negotiation and led the land (re)development regime to be more hegemonic. Understanding Hong Kong as a property jurisdiction, the current problematic of land injustice, under the new constitutional order of the Chinese sovereignty, is elaborated by the thesis of complete exploitation with the concept of urban land nexus. This thesis empirically interprets the mutual constitution of law and urban development, and conceptually engages in the academic debates about (in)justice, law and urban spatiality.
35
Boum, Aomar. "Muslims Remember Jews in Southern Morocco: Social Memories, Dialogic Narratives, and the Collective Imagination of Jewishness." Diss., The University of Arizona, 2006. http://hdl.handle.net/10150/195035.
Full textAbstract:
There are two temporally differentiated sources of information about Jews, no longer present in southern rural Moroccan communities, and the question is: which factor is paramount in the formation of memory? Is it the long-circulated narratives of shared life experiences between Muslims and Jews? Or do actual current events in the Middle East have greater weight in forming opinions, attitudes, and ideology about Jews and their relationship to Muslims?This dissertation examines the memories formed by successive Muslim generations about their former Jewish neighbors in southwestern Morocco. I am interested in how social memories of Muslims about erstwhile local Jews are generated, maintained, and reproduced through oral testimonies, personal narratives, images, urban sites, family manuscripts, personal experiences, and media. I interviewed four cohorts of great-grandparents, grandparents, parents, and young adults who allowed me to record their personal narratives, family and village stories, jokes and sayings in the spring, summer, and fall of 2004.Drawing on sources as diverse as personal narratives, family manuscripts, archeological evidence, Islamic legal manuscripts, media, and textbooks, I use a generationally stratified sample to understand how four age cohorts (all from the same region and whose life experiences correspond to specific historical events) think of, understand, and represent Jews. Using Labovian apparent-time sampling methodology, I argue that there is a strong correlation between the historical and ideological period and the attitudes of the cohorts about Jews. My data show that the fracturing of the traditional indigenous model of knowledge transmission has led to the emergence of new convoluted discourse about Jews. The young generation's knowledge about Jews is partly appropriated from Western and Christian anti-Semitic discourse before being "Islamized."
36
King, Andrew G. "Making Sense of Law Reform-A Case Study of Workers' Compensation Law Reform in Ontario 1980 to 2012." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31217.
Full textAbstract:
This thesis is a case study from 1980 to 2012 of law reform applied to workers’ compensation in Ontario. It aims to understand the promise of law reform and its implementation from the standpoint of injured workers. The study is structured in three parts.
Part One constructs an analytical framework drawing on legal theories and principles of adjudication. It provides a brief history of the Ontario Workers’ Compensation Board, its powers and adjudicative practices prior to the reforms.
Part Two summarizes reform in Ontario’s workers’ compensation law from 1980 to 2012. The description is organized into five periods reflecting significant shifts in direction. It focuses on government recommendations for reform, identifies and describes key legislative changes, and explores changes to governance, appeals and adjudication. Legislation, case law, policy and practice are reviewed.
Part Three reviews the evidence of the impact of the Ontario reforms on a particular group: unemployed, permanently disabled workers. While the Board refuses to track the economic status of injured workers, research suggests poverty and stigma face many.
Conclusions suggest that Ontario’s workers’ compensation system was transformed from one established to address the interests of workers and employers separately to one that balances those interests and now into one that privileges the interests of employers. Workers’ interests are a cost to be reduced. The prospect of law reform as an empirically driven process to address injustice has been corrupted by a focus on correctness with fairness as an afterthought.
Cette thèse étudie les réformes de la législation ontarienne en matière d'indemnisation pour les accidents du travail apportées entre 1980 et 2012. Elle vise à comprendre, du point de vue des travailleurs accidentés, les promesses des réformes et leur mise en oeuvre. L'étude est structurée en trois parties.
La première partie fournit un cadre théorique ancré sur certaines théories juridiques et sur les principes régissant la prise de décision. Elle fournit une courte historique de la Commission des accidents du travail de l'Ontario, en regard de ses pouvoirs et pratiques décisionnelles avant les réformes.
La deuxième partie fait la synthèse de la réforme de la législation ontarienne en matière d'accidents du travail de 1980 à 2012. Elle se divise en cinq périodes reflétant les réorientations importantes. Elle aborde les recommandations gouvernementales, décrit les modifications législatives et explore les changements apportés au niveau de la gouvernance, des appels et des modalités de prise de décision. La législation, la jurisprudence, les directives et les pratiques sont étudiées.
La troisième partie analyse, à la lumière des statistiques et les recherches scientifiques sur le sujet, l'impact des réformes ontariennes sur un groupe particulier: les travailleurs porteurs d'atteintes permanentes et qui sont sans emploi. Alors que la Commission refuse de documenter le statut économique des travailleurs accidentés, la recherche suggère que plusieurs font face à la pauvreté et la stigmatisation.
Les conclusions de la thèse suggèrent que le système d'indemnisation des accidentés du travail de l'Ontario est passé d'un système conçu pour répondre aux intérêts des travailleurs et des employeurs de manière séparée à un système qui a cherché l'équilibre entre ces intérêts, pour, maintenant, privilégier les intérêts des employeurs. Les intérêts des travailleurs sont des coûts à être réduits. La perspective de la réforme du droit en tant que processus fondé sur les données scientifiques pour répondre à l'injustice a été corrompue par un focus sur le caractère correct des décisions, et l'équité est devenue une considération qui vient en dernier lieu.
37
Parker, Amanda Marie Sharp. "The Applicability of Criminology to Terrorism Studies: An Exploratory Study of ISIS Supporters in the United States." Scholar Commons, 2016. http://scholarcommons.usf.edu/etd/6347.
Full textAbstract:
In the years following the 11 September 2001 attacks, research in the area of terrorism expanded exponentially. However, the changing nature of terrorism and lack of available data make it a difficult topic for criminologists to study; as academics we do not have access to the governmental data and data that is publicly available is often restricted due to the sensitive nature of national security issues. As first hand data is not available, an alternate data source, court records, may provide insight to the profile of current terrorists/terrorist supporters in the United States. Using court data from 71 cases of individuals in the United States charged with providing support to ISIS, and comparing this profile to the established profiles of other non-traditional criminal groups, this exploratory study attempts to be a first effort in examining the contributions criminology can make to the study of terrorism; from both theoretical and law enforcement perspectives.
38
Maila, Malose Isaac. "The constitution, administrative justice and social grants: unravelling the malaise in Eastern Cape Welfare Department." Thesis, University of Limpopo (Turfloop Campus), 2007. http://hdl.handle.net/10386/593.
Full text
39
Motaouakal, Abdelouahad. "Al-Adl wal-Ihsan : an explanation of its rise and its strategy for social and political reform in Morocco." Thesis, University of Exeter, 2014. http://hdl.handle.net/10871/14880.
Full textAbstract:
This study examines the rise of al-Adl wal-Ihsan in the early 1980s, its development, its attitude towards a number of Islamic and contemporary issues, and its strategy to take root in society and press for social and political reform in Morocco. The aim is to provide an account that reflects as far as possible what is perceived to be the true nature of al-Adl wal-Ihsan and, more importantly, to identify the factors behind its rapid growth and its ability to become the largest organized Islamic force in the country despite operating under an authoritarian regime and in an environment already populated by several Islamic groups. Drawing on the dialogic model of interpretation which entails, among things, presenting the Islamists’ ideas, experiences and arguments using their own terms and categories, this study has used a wide range of primary and secondary sources and benefited from interviews with a variety of people, including the movement’s founding leader, Sheikh Yassine, before he passed away on 13th December 2012, in order to achieve a better understanding of al-Adl wal-Ihsan. The major findings that come from this research demonstrate that al-Adl wal-Ihsan is a mere response, among others, based on Islamic sources and ijtihad, to legitimate demands of social, political and moral order. Hence, to exclude the moral and spiritual dimension from the analysis would not help to generate plausible explanations of the rise and nature of al-Adl wal-Ihsan or any other Islamic group for that matter. As for al-Adl’s rapid expansion, it has been found to be closely related to five basic factors: a charismatic leadership, an adequate organizational structure, a coherent theoretical framework, an appealing reform strategy and special emphasis on tarbiya [education]. Thus what becomes of al-Adl wal-Ihsan in the future seems to depend on its ability to maintain, if not to improve on what is deemed to be the source of its strength, which is a big challenge.
40
Whitehead, John T., Kimberly D. Dodson, and Bradley D. Edwards. "Corrections: Exploring Crime, Punishment, and Justice in America." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/1437734928.
Full textAbstract:
Corrections: Exploring Crime, Punishment, and Justice in America provides a thorough introduction to the topic of corrections in America. In addition to providing complete coverage of the history and structure of corrections, it offers a balanced account of the issues facing the field so that readers can arrive at informed opinions regarding the process and current state of corrections in America. The 3e introduces new content and fully updated information on America’s correctional system in a lively, colorful, readable textbook. Both instructors and students benefit from the inclusion of pedagogical tools and visual elements that help clarify the material.https://dc.etsu.edu/etsu_books/1070/thumbnail.jpg
41
Hawa, Husam Eddin. "Towards a higher standard for international disability rights and social justice : an Islamic perspective on the universal right to social welfare for people with special challenges." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/51754.
Full textAbstract:
Although people with disabilities (PWDs) experience significant marginalization and vulnerability, they are not receiving social income assistance in the Middle East and North Africa (MENA) despite of their right under the United Nations Convention on the Rights of Persons with Disabilities.
Social welfare laws in the MENA should be reformed to include disability income assistance. These laws (that were inherited from the Western colonists) did not progress as much as their Western counterpart. This legal reform should consider the evolution of Western social welfare systems, which are based on liberal equality theories. This legal transplant of a liberal secular system into the MENA’s Islamic background requires testing the compatibility between liberal and Islamic moral values.
In order to do this, first, I will analyze the strengths and weaknesses of these liberal theories in relation to the public policy to address the medical, economic and social needs of PWDs. Then, I will use my own amalgamation of these liberal ideas to form an Islamic version of this new liberal theory while showing their compatibility with my own Islamic perspective on liberty and equality (i.e. proposing a common ground between liberal and Islamic moral values). Next, I will use this common ground to explain Qurʼānic rules about Zakāh (Islamic social tax) with my own new interpretation that has a commitment to social justice and a consideration of both liberal and Islamic moral values. Finally, based on this new interpretation, I will offer a new model for social welfare systems in the MENA.
Therefore, based on the above, entitlements to disability supports can be justified and delivered through the governmental implementation of Zakāh. This implementation is feasible as it can be designed and delivered in Islamic countries with similar or better results than in Western liberal countries. Such a system with specific reference to Qurʼānic teachings is both socially and politically preferable to the imposition of traditional Western approaches to rights and services. This proposal would lead to establishing a higher standard for international disability rights (more specifically, the universal human right to social welfare) and establishing a higher standard for social justice.Law, Faculty of
Graduate
42
Taylor, Holly. "Evaluating criminal justice interventions in the field of domestic violence : a realist approach." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/5240/.
Full textAbstract:
This thesis evaluates the combination of two criminal justice interventions in the field of the domestic violence. The intervention, termed a Domestic Violence Court Advisory Service (DVCAS) throughout the thesis, comprises two elements –Independent Domestic Violence Advisers (IDVAs) and Specialist Domestic Violence Courts (SDVCs). Both initiatives were instituted in the wake of much criticism of the treatment of domestic violence in the Criminal Justice System (CJS). To date, however, there has been no rigorous evaluation of the combined efficacy of these initiatives – in particular, regarding their impact on the number of offenders brought to justice. This thesis examines how a DVCAS can increase the successful prosecution of domestic violence offences through increased victim participation, better court outcomes and a wide and varied use of sentencing options. The thesis highlights ‘what works and why’ in prosecuting domestic violence offences, and in so doing identifies a number of outcomes to suggest that certain practices in the police and CPS do not always support the DVCAS in achieving its aims, in particular, through ineffective investigations, inappropriate safeguarding responses and poor prosecution practices.
43
LaMontagne, Tamara Marie. "Psychosocial Differences in Far Right, Far Left, Islamic, and Single Issue Lone Extremists." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6451.
Full textAbstract:
Acts of lone extremism are on the rise, yet little is known about who commits these acts. Research in this area has failed to delineate by extremist subtype. This has led to the misconception these acts and actors present with such variance psychosocially that they cannot be predicted. The purpose of this research was to assess whether statistically significant relationships exist between lone extremist subtypes on the psychosocial variables of mental illness, substance use, and having radicalized friends or family members. The conceptual framework for this study was De La Corte's psychosocial principles of terrorism, which addressed the social and political influences of terrorism with the complex psychosocial constructs that may exist. The Profiles of Individual Radicalization in the United States was chosen as the dataset and includes de-identified individual-level information on 1,865 extremists. The research questions that guided this study sought to determine if significant differences exist between 4 lone extremist subtypes across 4 psychosocial variables. Crosstabulation analysis and multiple chi-square tests for independence were used to test the relationship between categorical variables. Statistically significant relationships were found among each lone extremist subtype and having radicalized family members and friends (p=.00). In terms of mental illness, far left extremists were the only extremist subtype that yielded a significant relationship (p=.00). Also, a significant relationship was found between substance use and far right (p=.00), far left (p=.01), and single issue (p=.04) extremists. In terms of social change, this research presented support for studying lone extremism by subtype and also provided a foundation towards constructing a predictive model.
44
Thermitus, Tamara. "«La justice reste à venir»: la déconstruction appliquée à la décision de la Cour suprême du Canada dans l'arrêt Bou Malhab c Diffusion Métromédia CMR Inc." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=114161.
Full textAbstract:
Although there have been certain advances with respect to equality rights, which are protected in the Canadian Charter of Rights and Freedoms and the Quebec Charter of the Human Rights and Freedoms, judicial decisions often ignore race as a social construct. To give full effect to the principles of equality and to advance justice, courts need to take race into account, recognize it as a social construction, and make visible what is often invisible. The technique of deconstruction, by bringing to light history and relations of power, allows us to understand social context in all of its complexity. In this quest for justice, Critical Race Theory, which recognizes the importance of a holistic approach to better understand racialization and racism provides indispensable theoretical insights. By highlighting new perspectives and providing a plurality of readings of the same event, Critical Race Theory and the technique of deconstruction promote an analysis that takes substantive equality into account while being attentive to the complex realities of multicultural society. To illustrate these themes, this thesis analyzes the Supreme Court of Canada decision on defamation and racist speech, Bou Malhab v. Diffusion Métromédia CMR Inc., arguing that the Court was not sufficiently attentive to the effects of race as a social construct, nor to the realities of racism.Bien que certaines avancées en ce qui a trait au droit à l'égalité aient eu lieu à la suite de la promulgation de la Charte canadienne des droits et libertés et de la Charte des droits et libertés de la personne du Québec, les décisions des tribunaux ignorent souvent le construit social qu'est la race et ses effets. Afin de pouvoir donner plein effet aux principes d'égalité et pour rendre justice, exercice par lequel l'égalité devient une réalité concrète, les tribunaux doivent tenir compte de ce construit et non en faire abstraction afin de rendre visible ce qui est souvent invisible: l'analyse critique permet d'y arriver. La déconstruction, en mettant au jour l'historicité et les relations de pouvoir, permet de mieux comprendre le contexte social dans toute sa complexité. Dans cette quête de justice, la Critical Race Theory, qui reconnaît l'importance d'une approche holistique pour mieux comprendre la racialisation et le racisme est une théorie indispensable. Apportant un nouvel éclairage et favorisant la pluralité des lectures d'un même événement, la Critical Race Theory et la déconstruction permettent une analyse qui tient compte de l'égalité substantive tout en étant au diapason des réalités qui coexistent dans une société multiculturelle. Afin d'illustrer notre propos, notre thèse analyse la décision rendue par la Cour suprême dans l'arrêt Bou Malhab c. Diffusion Métromédia CMR Inc., argumentant que la Cour n'a pas suffisamment considéré ni les effets du construit social qu'est la race ni le racisme.
45
Miller, Larry S., and John T. Whitehead. "Report Writing for Criminal Justice Professionals." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/1455777692.
Full textAbstract:
The criminal justice process is dependent on accurate documentation. Criminal justice professionals can spend 50-75% of their time writing administrative and research reports. Report Writing for Criminal Justice Professionals, Fifth Edition provides practical guidance--with specific writing samples and guidelines--for providing strong reports. Much of the legal process depends on careful documentation and the crucial information that lies within, but most law enforcement, security, corrections, and probation and parole officers have not had adequate training in how to provide well-written, accurate, brief, and complete reports. Report Writing for Criminal Justice Professionals covers everything officers need to learn--from basic English grammar to the difficult but often-ignored problem of creating documentation that will hold up in court. This new edition is updated to include timely information, including extensive coverage of digital reporting, updates on legal issues and privacy rights, and expanded coverage of forensics and scientific reporting.https://dc.etsu.edu/etsu_books/1014/thumbnail.jpg
46
Yong, Caleb Hoe-Kit. "Justice, legitimacy, and movement across borders : a political theory of international migration." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:7f94a135-778d-45cd-acdf-e5e15adba7f1.
Full textAbstract:
Existing moral reflection on immigration law and policy is caught in an impasse between (1) proponents of an individual right to free international migration and (2) proponents of a state’s right to control its borders. In Chapter 1, I examine arguments supporting an individual right to free international migration. I show that the case for this putative right cannot be settled solely by considering the strength of individuals’ interest in being able to cross international borders according to their choice. Rather, at a crucial point, the argument for an individual right to free migration turns on the truth of a particular conception of global justice. In Chapter 2, I examine arguments supporting a state’s right to control its borders. I contend that these arguments do not seek to defend the substantive justice of restrictive immigration policies, but rather the legitimacy of processes of political decision-making by which states unilaterally determine their own immigration policies. Abandoning this right-versus-right paradigm, I recast the debate by focusing on two distinct questions: (1) the question of justice in immigration, which substantively evaluates immigrant admission policy; and (2) the question of the legitimacy of immigration law enacted by procedures responsive only to states’ internal political decisions. I further propose that in articulating principles of justice in immigration, we should first develop a conception of global justice which will provide the background for our evaluation of immigration policy. In Chapter 3, I develop and defend a conception of global justice I call cooperation-based internationalism. I argue that co-citizens are joint participants in a scheme of cooperation which provides them with the social goods they need to lead autonomous lives. They therefore owe each other special duties of social justice. In addition, I argue for a duty of assistance which applies among all human persons globally. This duty requires developed states to assist developing states in establishing minimally just institutions. In Chapter 4, I develop a conception of justice in immigration against the background of cooperation-based internationalism. I argue that there is no requirement for states to allow open immigration. Nevertheless, I argue that co-citizens owe each other duties which impose significant moral constraints on immigration policy: states must (1) allow for family unification; (2) eschew policies that select immigrants based on criteria that unjustly call into question the fitness for citizenship of certain current members; (3) regulate labour immigration so that all current citizens benefit equally unless unequal gains benefit worse-off citizens. The duty of assistance is also imposes constraints on immigration policy. Developed states should (4) avoid immigration policies which cause brain drain harmful to international development and (5) admit and resettle refugees. In Chapter 5, I turn to the distinct question of the legitimacy of unilaterally-enacted immigration law. I argue that the application and enforcement of immigration law counts as a coercive exercise of political power which stands in need of justification. I examine the consent and natural duty of justice theories of political legitimacy, concluding that these influential theories cannot establish the legitimacy of immigration law. I conclude by considering the implications of the illegitimacy of immigration law for the evaluation of irregular migration.
47
Sinuka, Zamile Hector. "Affirmative action as a strategy for social justice in South Africa." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20362.
Full textAbstract:
The purpose of this treatise is to develop a spirit of understanding affirmative action as a strategy that gives South Africa a human face of equality. The strategic development of affirmative action as part of Employment Equity Act is based on equality at workplace. This work takes note of the need to integrate human resource development for employment, productivity and education system that is based on formal education, prior knowledge education (RPL) and previous experience. The imbalances were designed to be of racial reflection therefore the redress process is racial in character but non-racial in content as the envisaged society is a non-racial society. The historical background of inequality and racial discrimination is noted in the environment of employment and on how other laws were enforcing the inequality. The arguments against affirmative action are debated and valid points of such arguments are noted as points of concern that must be considered in the process to attain equality. This work views affirmative action as a process that goes beyond employment relations and work as an instrument to change society by addressing social needs and services that have a reflection of inequality. Education is viewed as the out most important process to change the lives of people as affirmative action has a requirement of suitably qualified candidates to be affirmed. In South Africa problems of inequality were political designed but were enforced by various laws that were having material and psychological impact on the previously disadvantaged. The designated groups were divided into Africans, Indians and Coloureds, in Naidoo v Minister of Safety and Security this principle of defining designated racial groups was promoted in correction to the direction that was taken in Motala v University of Natal.Affirmative action is a legal process that addresses political designed problems. It is also a process that is exposed to abuse. Corrupt officials and managers appoint employees that do not qualify for posts on the bases of political affiliation or any other ground of discrimination. This is discussed with reference to the allegations of SADTU selling posts for principals, senior managers appointed in state co-operatives. The above mentioned tendencies are noted as part of negative indicators on the process that is meant to bring equality and non-racial society where all the citizens are given equal opportunities. This work views affirmative action as a strategy that is based on achieving a society that has a human face where race shall not be a point of reference.
48
Fatic, Aleksandar. "Punishment and restorative crime-handling : a social theory of trust." Phd thesis, Canberra, ACT : The Australian National University, 1995. http://hdl.handle.net/1885/143619.
Full textAbstract:
The general aim of this work is to examine the main features of some of the
most influential contemporary theories of criminal justice, to look at their
conceptual and methodological relative advantages and shortcomings, and
to try to glean in them a direction for the devising of a more promising,
more optim ising way of accounting for crime and deviance, as well as for
prospects of successful social control. The general contention of the work is
that the key question to be asked in this respect is what value ought to lie at
the base of all such explanatory attempts. The general answer, with which
the 'restorative theory of crime-handling', espoused herein, deals, is that
this value ought to be trust. All those arrangements which can generally be
characterised as trust-enhancing appear to be optimising as well, and to
contribute in a constructive way to the resolution of conflicts. Punishment,
on the other hand, does not appear to be trust-enhancing; on the contrary, it
seems to play an essentially trust-degrading role in most contexts, and thus
creates an atm osphere and consequences which do not suggest the
possibility of both effective and humane social control mechanisms.
It has been the aim of theories of social control for decades to avoid
excessive punitiveness and maximise the consensus which is built around
the particular policies to that effect. Yet, most such theories have ended up
neglecting the role of trust, and em phasising justice instead. Another
contention of the arguments contained herein is to the effect that justice
ought not to play such a prom inent role in any theory of social control
which aspires to be trust-enhancing. Following the unavoidable directions
of argum ents advanced over decades, the argum ents herein deal with
theories such as 'retributivism ' and 'utilitarianism ', 'com m unitarianism '
and 'republicanism ', thereby bordering on political, and even on sociological theory. Yet, they do not remain on the level of presenting argum ents for
and against these theories - the value of what is argued here against such
theories, if there is any value in it, lies in its contribution to the fuller
illum ination of the real role of trust in a social theory of crime-control
which would derive strongly from the popular 'conflict-resolution' theories,
but which, at the same time, would seek to avoid some of their greatest
calam ities. To w hat extent this w ork m ight have succeeded in
accomplishing that end, however, is, of course, up to the reader to judge.
49
Zarbakhsh, Hallie Ida. "The Potential of Islamic Finance for Environmental Sustainability and Social Equity in Iran." Ohio University Honors Tutorial College / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1461334909.
Full text
50
Walker, Sharon. "Influences on Juvenile-Justice Court Dispositions: Sentencing Disparities, Race, Legal Representation, Degree of Offending, and Conflict in the Juvenile Justice System." TopSCHOLAR®, 2008. http://digitalcommons.wku.edu/theses/35.
Full text