Artículos de revistas: "Interests of Justice"

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Messner, Michael A. y Nancy M. Solomon. "Social Justice and Men's Interests". Journal of Sport and Social Issues 31, n.º 2 (mayo de 2007): 162–78. http://dx.doi.org/10.1177/0193723507301048.

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Rishan, Idul. "Doubting the Impartiality: Constitutional Court Judges and Conflict of Interest". Jurnal Jurisprudence 12, n.º 1 (31 de octubre de 2022): 92–105. http://dx.doi.org/10.23917/jurisprudence.v12i1.1058.

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The Constitutional Court ruling on the third amendment to the Law on the Constitutional Court is worth discussing. In the judicial review, the justices judged a case in which they have interests. The interests are related to a requirement for being a Constitutional Court justice, term of office for Constitutional Court justices, and term of office for the chief justice and deputy chief justice. Can they be impartial? This study is aimed at three things. First, analyzing their interpretation through legal annotation. Second, identifying impacts the ruling has on the Constitutional Court. Third, providing a road map for judicial review related to Constitutional Court judges. This is mixed legal research using primary and secondary data. This study has found that the judges are not impartial due to conflict of interest. They have compromised universal principles of the judiciary. For the sake of impartiality, they should not be judges in their own cause. Instead, the Supreme Court should have the authority to review legislation on them.

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Baumann, Elizabeth. "ICC og «the interests of justice»". Tidsskrift for strafferett 19, n.º 04 (28 de enero de 2020): 369–98. http://dx.doi.org/10.18261/issn.0809-9537-2019-04-01.

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Knight, C. "Peasons, Interests, and Justice * BY NILS HOLTUG". Analysis 71, n.º 4 (14 de junio de 2011): 790–93. http://dx.doi.org/10.1093/analys/anr065.

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5

Campbell, Tim. "Persons, Interests, and Justice, by Nils Holtug." Mind 126, n.º 502 (16 de febrero de 2017): 643–47. http://dx.doi.org/10.1093/mind/fzw077.

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Johansson, Jens. "Persons, Interests, and Justice - By Nils Holtug". Theoria 77, n.º 3 (11 de agosto de 2011): 284–87. http://dx.doi.org/10.1111/j.1755-2567.2011.01109.x.

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7

Varaki, Maria. "Revisiting the ‘Interests of Justice’ Policy Paper". Journal of International Criminal Justice 15, n.º 3 (1 de julio de 2017): 455–70. http://dx.doi.org/10.1093/jicj/mqx036.

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8

Brock, Peggy. "Protecting colonial interests: Aborigines and criminal justice". Journal of Australian Studies 21, n.º 53 (enero de 1997): 120–29. http://dx.doi.org/10.1080/14443059709387322.

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9

Baldwin, Jason. "Hume's Knave and the Interests of Justice". Journal of the History of Philosophy 42, n.º 3 (2004): 277–96. http://dx.doi.org/10.1353/hph.2004.0041.

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Knight, Carl. "Climate change, fundamental interests, and global justice". Critical Review of International Social and Political Philosophy 19, n.º 5 (3 de junio de 2016): 629–44. http://dx.doi.org/10.1080/13698230.2016.1183755.

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Barbu, S. G. y C. M. Florescu. "POLITICAL PARTIES’ ACCESS TO ADMINISTRATIVE JUSTICE". SERIES VII - SOCIAL SCIENCES AND LAW 14(63), n.º 1 (26 de junio de 2021): 149–54. http://dx.doi.org/10.31926/but.ssl.2021.14.63.1.15.

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A decision on interpretation issued in 2020 by the High Court of Cassation and Justice established that legal persons under private law cannot directly invoke in administrative court the infringement of a public interest, as they would replace the prosecutor, whose mission is to protect the general interests of the society and to defend the rights and freedoms of the citizens. The political parties are persons under public law. Can a political party act against an authority (most often a political opponent) in order to protect the general interests and to defend the rule of law, as well as the rights and freedoms of the citizens?

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Moshikaro, Khomotso. "Against the interests of justice : ignoring distributive justice when certifying class actions". Constitutional Court Review 7, n.º 1 (octubre de 2015): 291–319. http://dx.doi.org/10.2989/ccr/2015.0012.

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Đukić, Dražan. "Transitional justice and the International Criminal Court – in “the interests of justice”?" International Review of the Red Cross 89, n.º 867 (septiembre de 2007): 691–718. http://dx.doi.org/10.1017/s1816383107001233.

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AbstractTransitional justice encompasses a number of mechanisms that seek to allow post-conflict societies to deal with past atrocities in circumstances of radical change. However, two of these mechanisms – truth commissions and criminal processes – might clash if the former are combined with amnesties. This article examines the possibility of employing the Rome Statute's Article 53 so as to allow these two mechanisms to operate in a complementary manner. It considers three arguments – an interpretation of Article 53 in accordance with the relevant rules on treaty interpretation, states' obligations to prosecute certain crimes and the Rome Statute's approach to prosecutorial discretion – and concludes that Article 53 is ill-suited to accommodate truth commissions in conjunction with amnesties.

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14

Vickers, Matthew. "Civil Justice Reform". Amicus Curiae 4, n.º 1 (2 de noviembre de 2022): 170–84. http://dx.doi.org/10.14296/ac.v4i1.5494.

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Ombudsman schemes have been viewed with interest for their efficiency, speed, cost and use of technology. As Sir Geoffrey Vos seeks to integrate alternative dispute resolution as part of a civil justice funnel, it is important to recognize that ombudsman schemes fulfil different functions than the courts. This paper suggests that dispute resolution is only one of the functions of a civil justice system. Court efficiency should not be the predominant organizing principle. Recognizing the variety of functions and legitimate interests contained within the civil justice system rather than conceiving a hierarchical structure presided over by courts could offer an outcome-based perspective on reform. Keywords: ombudsman; dispute resolution; technology; justice systems; prevention.

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15

Finch, John. "Best interests decisions: why Britain needs Charley's law". British Journal of Neuroscience Nursing 17, n.º 1 (2 de febrero de 2021): 44–46. http://dx.doi.org/10.12968/bjnn.2021.17.1.44.

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John Finch examines the quality of justice meted out by the UK's highest court in relation to best interests decisions and questions whether its decisions represent some kind of justice in the case of patients seeking alternative treatment interventions.

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16

Meernik, James. "Justice, Power and Peace: Conflicting Interests and the Apprehension of ICC Suspects". International Criminal Law Review 13, n.º 1 (2013): 169–90. http://dx.doi.org/10.1163/15718123-01301005.

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The International Criminal Court (ICC) has the legal power to issue arrest warrants, but not the political power to arrest. Rather, it must rely on other national and international actors to enforce these requests. All the actors—the ICC, the suspected war criminals, and the key state actors—in these high stakes dramas involving the apprehension of suspected war criminals have distinct interests that guide their actions. Typically, as I argue, these contending interests lead to political disputes. I will argue that the principal interest of the International Criminal Court is justice; the principal interest of the actors indicted by the ICC is power; and the principal interests of international actors are peace and justice. Further, I contend that the ability of the ICC to gain custody of suspects will be determined by its ability to induce the international community to privilege justice over peace.

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17

Epstein, Richard A. "Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia". British Journal of American Legal Studies 6, n.º 1 (24 de mayo de 2017): 109–35. http://dx.doi.org/10.1515/bjals-2017-0007.

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Abstract The late Justice Antonin Scalia sensibly pushed his powerful originalist agenda as a bulwark against activist justices of any persuasion from enacting their policy preferences into law. But while this commitment to originalism may explain what the justices should not do, it does not explain, affirmatively, how they should interpret constitutional texts in accordance with the originalist agenda. One area in which this is most critical is the law of takings, which polices the boundary line between private rights and public power. Here it is necessary to integrate explicit constitutional provisions dealing with the terms “taken,” “private property,” “just compensation,” “public use,” and the implied “police power” into a coherent whole. The law of takings is relatively straightforward when the government takes private property into public possession. But it is far more difficult to explicate when private parties retain some interests in property after the government either occupies or regulates the use and disposition of the rest. Justice Scalia’s application of takings law to such cases of divided interests has fallen short in four key contexts: the permitting process in Nollan; rent control in Pennell; development rights in Lucas; and environmental protection schemes in Stop the Beach Renourishment. In these cases, Justice Scalia often reached the right result for the wrong reasons, often on ad hoc grounds. The correct analysis requires a far more thoroughgoing protection of private property interest in the context of both regulatory and possessory takings. This article explains how he should have handled these missed opportunities.

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Bhat, Rashid Manzoor, Arsheed Ahmad Rather, Peer Amir Ahmad y Amir Sultan Lone. "An Empirical Study of Human Rights and Social Justice". Journal of Language and Linguistics in Society, n.º 24 (21 de junio de 2022): 44–50. http://dx.doi.org/10.55529/jlls.24.44.50.

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Human rights and social justice are discussed in terms of their normative dimensions in this research. Human rights and social justice are seen as separate concepts in political theory today, with social justice being a set of greater egalitarian standards and human rights serving as baseline protections against frequent risks made by states to the general interests of those subjected to them. Human rights and social justice's normative domains are often viewed as distinct, but this study aims to challenge this perspective by outlining an egalitarian normative model of human rights, which better reflects an egalitarian understanding of social justice.

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19

Attfield, Robin y Rebekah Humphreys. "Justice and Non-Human Animals - Part I". Bangladesh Journal of Bioethics 7, n.º 3 (2 de enero de 2017): 1–11. http://dx.doi.org/10.3329/bioethics.v7i3.30949.

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It is widely held that moral obligations to non-human beings do not involve considerations of justice. For such a view, nonhuman interests are always prone to be trumped by human interests. Rawlsian contractarianism comprises an example of such a view. Through analysis of such theories, this essay highlights the problem of reconciling the claim that humans have obligations to non-humans with the claim that our treatment of the latter is not a matter of justice. We argue that if it is granted that the basic interests of non-human beings sometimes count for more than the peripheral interests of humans, then our understandings of obligation and of justice must be aligned, so that what we say about obligation is not countered by assumptions about the invariable priority of humans in matters of justice. We further consider whether such a conclusion can be endorsed by those who adopt certain alternative theories to contractarianism. We conclude that adherents of a range of theories including sentientism and biocentrism must accept that human interests can sometimes be superseded by animal interests, and that this applies not least in matters of justice.

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Attfield, Robin y Rebekah Humphreys. "Justice and Non-Human Animals - Part II". Bangladesh Journal of Bioethics 8, n.º 1 (11 de enero de 2017): 44–57. http://dx.doi.org/10.3329/bioethics.v8i1.31082.

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It is widely held that moral obligations to non-human beings do not involve considerations of justice. For such a view, nonhuman interests are always prone to be trumped by human interests. Rawlsian contractarianism comprises an example of such a view. Through analysis of such theories, this essay highlights the problem of reconciling the claim that humans have obligations to non-humans with the claim that our treatment of the latter is not a matter of justice. We argue that if it is granted that the basic interests of non-human beings sometimes count for more than the peripheral interests of humans, then our understandings of obligation and of justice must be aligned, so that what we say about obligation is not countered by assumptions about the invariable priority of humans in matters of justice. We further consider whether such a conclusion can be endorsed by those who adopt certain alternative theories to contractarianism. We conclude that adherents of a range of theories including sentientism and biocentrism must accept that human interests can sometimes be superseded by animal interests, and that this applies not least in matters of justice.

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LUDWIG, PAUL W. "A Portrait of the Artist in Politics: Justice and Self-Interest in Aristophanes'Acharnians". American Political Science Review 101, n.º 3 (26 de julio de 2007): 479–92. http://dx.doi.org/10.1017/s0003055407070360.

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The first extant play of Aristophanes,Acharnians, contains an eerily modern thought-experiment: what if justice is self-interest, rightly understood? The drama examines evidence for the hypothesis in three contexts: international relations; relations between the citizen and the polity; and a special case of the latter, relations between the artist and the polity. The drama shows how rudimentary justice can be secured by promoting economic interests over citizenship and artistic dissent over loyalty. Historically, these thoughts on justice—as refined in Aristophanes' later works—constitute an ancient analog of early liberal thought with its derivation of justice from interest. They represent a pre-Platonic position on justice that differs from both Sophistic and conventional Greek thinking. Normatively, Aristophanes' thought sheds light on weaknesses in modern justice theory. By making the artist's political function the linchpin of a vision of justice,Acharnianssuggests a new way to view justice in relation to self-interest.

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22

Zolotukhina, L. O. "ADMINISTRATIVE JUSTICE AS A COMPONENT OF THE ADMINISTRATIVE-LEGAL MECHANISM FOR THE PROTECTION OF PUBLIC INTEREST". Actual problems of native jurisprudence, n.º 4 (30 de agosto de 2019): 138–43. http://dx.doi.org/10.15421/391930.

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In the article the author analyzes the category of administrative and legal mechanism for ensuring the realization of public interest. Under the administrative-legal mechanism for ensuring the realization of public interest, the author understands complex complexstructured system of regulation of relations between public administration bodies and subjects of power influence, the purpose of functioningof which is the satisfaction of objectively defined social development needs, its peculiar “over-goals”. It is substantiated that the effectiveness of the administrative-legal mechanism of ensuring public interest is achieved at the normative-legal, organizational, managerial and human-rights levels. It is substantiated that the administrative and procedural component ofthe administrative-legal mechanism for the protection of public interests is intended for the prevention and cessation of offenses in the realization of a particular public interest. It is emphasized that protection of public interests should be recognized as the central task of administrative justice, a characteristicof its legal nature, since it is with the help of administrative legal proceedings that judicial control and supervision of the activity ofstate authorities and local self- government bodies are carried out, protection of the rights, freedoms and legitimate interests of individualsand restored public interests. It is substantiated that the separate activity form of protection of public interests by administrative justice bodies is the terminationof the issuance of normative legal acts issued by public administration bodies (or the invalidation of their separate provisions) thatviolate public interests.

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Pullman, Daryl. "Conflicting Interests, Social Justice and Proxy Consent to Research". Journal of Medicine and Philosophy 27, n.º 5 (1 de octubre de 2002): 523–45. http://dx.doi.org/10.1076/jmep.27.5.523.10321.

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Moustaka, Caitlin y Kanaga Dharmananda SC. "Indirect and electronic service: serving the interests of justice?" Oxford University Commonwealth Law Journal 19, n.º 2 (3 de julio de 2019): 263–72. http://dx.doi.org/10.1080/14729342.2019.1655924.

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Thompson, Janna. "Obligations of Justice and the Interests of the Dead". International Journal of Applied Philosophy 30, n.º 2 (2016): 289–300. http://dx.doi.org/10.5840/ijap201712374.

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Martinez-Ebers, Valerie, Luis Fraga, Linda Lopez y Arturo Vega. "Latino Interests in Education, Health, and Criminal Justice Policy". PS: Political Science & Politics 33, n.º 03 (septiembre de 2000): 547–54. http://dx.doi.org/10.1017/s1049096500061552.

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Braillon, Alain. "Social determinants of health: social justice and vested interests". Lancet 393, n.º 10183 (mayo de 2019): 1805–6. http://dx.doi.org/10.1016/s0140-6736(18)33185-4.

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Mackenzie, Geraldine, Andrew Vincent y John Zeleznikow. "Negotiating About Charges and Pleas: Balancing Interests and Justice". Group Decision and Negotiation 24, n.º 4 (10 de agosto de 2014): 577–94. http://dx.doi.org/10.1007/s10726-014-9405-7.

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Martinez-Ebers, Valerie, Luis Fraga, Linda Lopez y Arturo Vega. "Latino Interests in Education, Health, and Criminal Justice Policy". PS: Political Science and Politics 33, n.º 3 (septiembre de 2000): 547. http://dx.doi.org/10.2307/420857.

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Cram, Ian. "When the ‘Interests of Justice’ Outweigh Freedom of Expression". Modern Law Review 55, n.º 3 (mayo de 1992): 400–405. http://dx.doi.org/10.1111/j.1468-2230.1992.tb00921.x.

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RHODES, ROSAMOND. "Medicine and Contextual Justice". Cambridge Quarterly of Healthcare Ethics 27, n.º 2 (6 de marzo de 2018): 228–49. http://dx.doi.org/10.1017/s0963180117000573.

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Abstract:This article provides a critique of the monolithic accounts that define justice in terms of a single and often inappropriate goal. By providing an array of real examples, I argue that there is no simple definition of justice, because allocations that express justice are governed by a variety of reasons that reasonable people endorse for their saliency. In making difficult choices about ranking priorities, different considerations have different importance in different kinds of situations. In this sense, justice is a conclusion about whether an allocation reflects the human interests and priorities that are at stake. The article describes how several principles of justice have a legitimate place in medical allocations. To achieve justice within medical practice, professionals should focus on the human interests and compelling reasons for prioritizing specific principles within their specific medical domain.

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Solomon, Solon. "Broadening International Criminal Jurisdiction?" International Human Rights Law Review 4, n.º 1 (11 de junio de 2015): 53–80. http://dx.doi.org/10.1163/22131035-00401006.

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The interests of justice are embedded in Article 53 (1) of the Rome Statute of the International Criminal Court (Rome Statute). They give the Prosecutor the right to decline to initiate an investigation or suspend a prosecution. In these cases, the interests of justice act as a basis for the Prosecutor to refrain from any action. This article argues that due to their non-positivist character, the interests of justice could serve as the platform also of prosecutorial action, acting as the legal vehicle for a broad interpretation of the Rome Statute in the name of justice. Nevertheless, such broad, interests of justice-instigated interpretation, cannot but have positivism as its outmost limit. The Rome Statute is an international criminal law instrument and international criminal law is governed by the legality principle, which narrows any hermeneutical endeavors. Along these lines, this article examines the nexus between the expansive interpretational interests of justice function and its limits by referring to cases where the International Criminal Court (icc) was called to endorse or not a broad interpretation of notions included in the Rome Statute. The article examines cases arising from situations referred to the icc by States and by the un Security Council.

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Zairul Alam, Moch y Kukuh Tejomurti. "ARE THE INTERESTS OF BUSINESS ACTORS AND CONSUMERS BALANCED IN THE INDONESIAN COMPETITION LAW?" Dialogia Iuridica 14, n.º 1 (29 de noviembre de 2022): 095–123. http://dx.doi.org/10.28932/di.v14i1.5114.

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This paper aims to provide a critical analysis to the relations between economic efficiency and justice as the objectives of business competition law in Indonesia within the framework of legal philosophy. Philosophical aspects explores view on equal opportunities for every citizen in their business behavior, relation between the principles of justice and efficiency considering that in the Law 5 of 1999 there is no any word “justice” mentioned. Several related schools of legal philosophy will use to analyse the problems, such as, Utilitarianism in dissecting the phrase "public interest and welfare", John Stuart Mill's theory of lliberty in examining "equal opportunities for citizens", The article uses the legal research by emphasising the critical analysis on economic efficiency and justice principles in Indonesian competition law and compare FTC. Article 3 of Law Number 5 of 1999 aims to improve economic efficiency as one of the efforts to improve people's welfare. From a philosophical point of view, people's welfare law is closely related to the "greatest benefit for the greatest people" (Jeremy Bentham). However, if we look at the interests between business actors and consumers, thiscondition can still be seen that the interest in efficiency still prioritizes the interests of business actors. Fulfilment of consumer justice is only placed as an "object" rather than a subject whose rights must be protected due to violations of business competition.

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Pradityo, Randy. "RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK / Restorative Justice In Juvenile Justice System". Jurnal Hukum dan Peradilan 5, n.º 3 (29 de noviembre de 2016): 319. http://dx.doi.org/10.25216/jhp.5.3.2016.319-330.

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

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Burmistrova, Svetlana A. "Application of Justice by Court in Solution of Conflicts of Legal Interests". Arbitrazh-civil procedure 2 (11 de febrero de 2021): 12–16. http://dx.doi.org/10.18572/1812-383x-2021-2-12-16.

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Despite the widespread consolidation of the principle of justice in normative acts, its law enforcement significance continues to be debatable, while the analysis of judicial practice shows that courts often use the noted moral and ethical principle as a basis for resolving conflicts of substantive, procedural interests, including in cases where such conflicts are based on conflicting principles of law. It is significant that the free operation of the category of justice is peculiar to the verification instances, while for the first and initial verification instances the content of the principle of justice and its application to the settlement of disputes continues to be obscure. In order to solve this problem, the article attempts to determine the content of justice and derive a formula for its practical use.

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Scandrett, Eurig. "Climate justice: contested discourse and social transformation". International Journal of Climate Change Strategies and Management 8, n.º 4 (15 de agosto de 2016): 477–87. http://dx.doi.org/10.1108/ijccsm-05-2015-0060.

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Purpose This paper aims to argue that climate justice constitutes a contested discourse reflecting the material interests of social groups that contribute to its production. For climate justice to have integrity, it must be rooted in the material interests of those social groups negatively affected by, and engaged in struggles against, the hydrocarbon economy. The paper locates contestation of discourse production in an understanding of social movement processes. Design/methodology/approach The paper is a theoretical contribution to the debate about climate justice, drawing on data (published and unpublished) from Scotland. Findings The paper concludes that scholars engaged in climate justice work should have consideration to the material interest embedded in the discourse. The pedagogical and dialogical work of engagement with the militant particularism of local struggles against the hydrocarbon industry is an important contribution to discourse construction, and ultimately social transformation is required to achieve climate justice. Research limitations/implications This is primarily a theoretical paper, although it draws on limited case study data from environmental conflicts in Scotland. Practical implications The argument has practical implications for work in climate justice, including research, policy development and social movement mobilisation. Social implications This is intended as a contribution to the social transformation required to achieve climate justice. Originality/value The paper draws on existing theoretical frameworks, especially Marxian approaches to discourse and social movement studies, to critique and contribute to the newly developing field of climate justice.

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Anderson, Lisa. "Bread, dignity and social justice". Philosophy & Social Criticism 44, n.º 4 (26 de febrero de 2018): 478–90. http://dx.doi.org/10.1177/0191453718757841.

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Although they produced vastly more turmoil, the uprisings in the Arab world shared many characteristics with other early 21st-century popular protests on both the left and the right, from Spain’s Indignados and Occupy Wall Street to the anti-elite votes for Brexit and Trump. The conviction that political elites and the states they rule, which were once responsible for welfare and development, now ignore and demean the interests and concerns of ordinary citizens takes many forms, but is virtually universal. The Arab world was only one site of this discontent, but the story of the Arab Spring insurrections provides a cautionary illustration of the perils in abdication of political authority and accountability and provokes questions about how we understand historical moments when passions outstrip interests.

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Desyana, Siti, Diajeng Christianti y Chloryne Dewi. "Balancing the Interests of Justice: The Case of Afghanistan in The International Criminal Court (ICC)". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 8, n.º 1 (2021): 121–40. http://dx.doi.org/10.22304/pjih.v8n1.a6.

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The interests of justice are criteria of the requirements under Article 53 of the Rome Statute to open a formal investigation of a case. However, it can be misinterpreted due to its lack of clear scopes and standards. The Afghanistan case highlighted this obscurity when The Pre-Trial Chamber (PTC) decided that the case should not proceed due to the interests of justice despite lacking negative determination from the Prosecutor, and the Appeals Chamber (AC) overturned this decision by excluding the interests of justice from proprio motu cases. This article verifies the limitations of the criteria in international criminal law (ICL) through the interpretation of the Rome Statute. In addition, it includes the other ICC’s supporting documents and the application to previous cases. This study is of the position that, in the Afghanistan decision, the PTC had overstepped their authority and made an arbitrary decision. The AC had misinterpreted the conjunction between Article 53(3) and Article 15(4) by excluding requirements under Article 53 from proprio motu cases. Based on the opinion, the interpretation on the interests of justice to ensure the criteria still valid as a balancing mechanism under the Rome Statute is very urgent.

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Hickey, Colin. "Climate Justice and Informal Representation". Ethics & International Affairs 36, n.º 2 (2022): 179–98. http://dx.doi.org/10.1017/s0892679422000193.

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Abstract: What would constitute just representation for the climate vulnerable? My purpose in this essay is to provide a critique of the default frame for approaching this question, as well as to offer a suggestion for expanding our conception of what an adequate answer should include. The standard frame conceives of representing vulnerable climate interests largely in terms of formal mechanisms of representation in technocratic and bureaucratic institutions. I show the limits of that standard approach and caution against the discussion of climate representation being overly confined to the level of “formal” representation. I go on to detail the importance of thinking about more “informal” modes of representing vulnerable climate interests. In order to pursue both of these aims, I draw on lessons in meaningful representation and inclusion during postconflict peacebuilding.

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Pawestri, Widhayani Dian. "KEADILAN SOSIAL DALAM PERLINDUNGAN KEPENTINGAN NASIONAL PADA PENANAMAN MODAL ASING BIDANG SUMBER DAYA ALAM". Yuridika 30, n.º 1 (21 de agosto de 2017): 84. http://dx.doi.org/10.20473/ydk.v30i1.4683.

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Prioritizing the social justice to protect national interests based on constitution becomes one of the problems in our economic development, especially in foreign direct investment of natural resources. UUD NRI 1945 as the economic constitution is the fundamental basis to make a foreign direct investment policy. Similar to embodying justice, State has to prioritize social justice and stand on the national interests so that state can achieve its purpose through foreign direct investement.

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Purwendah, E. K., Rusito, A. Awaludin y I. D. S. Triana. "Public Participation in Environmental Protection: Citizen Law Suits in the Indonesian Civil Justice System". IOP Conference Series: Earth and Environmental Science 1030, n.º 1 (1 de junio de 2022): 012022. http://dx.doi.org/10.1088/1755-1315/1030/1/012022.

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Abstract This article discusses public participation in the Indonesian civil justice system which aims to protect the interests of the environment. Citizen Law Suit (CLS) as the right to a good and healthy environment as a constitutional right guaranteed by the state. As a right of lawsuit, CLS is filed in a civil court which has the principle of legitimacy standi in yudisio (everyone can be a legitimate party in the trial), as long as they have sufficient legal interest (point d’interet, point d’action (have sufficient legal interest) to file a claim) by proving the argument or posita with evidence. This is different from CLS which does not base its claim on personal interests, but based on interests as citizens who have the right to a good and healthy environment with the claim in the petition that is improvement of government performance on a good and healthy environment The approach method used is a conceptual approach, departing from the idea that social ecological justice (eco-social) is inherent as the right to a good and healthy environment is a citizen’s human right. In the results and discussion shows that a civil justice system that does not recognize al CLS, starting to accept CLS based on the judge’s legal discovery (rechtsvinding) and overriding the point d’interet, point d’action principle.

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Schneiderman, Jill S. "The Common Interests of Earth Science, Feminism, and Environmental Justice". NWSA Journal 9, n.º 3 (octubre de 1997): 124–37. http://dx.doi.org/10.2979/nws.1997.9.3.124.

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Hogan, David. "‘The liberty of the moderns’: Interests, justice and civic education". Melbourne Studies in Education 37, n.º 1 (mayo de 1996): 57–88. http://dx.doi.org/10.1080/17508489609556279.

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Jones, Gareth y Sean Creaney. "Incentive for insincerity – pre-sentence restorative justice: in whose interests?" Safer Communities 14, n.º 3 (13 de julio de 2015): 126–37. http://dx.doi.org/10.1108/sc-05-2015-0018.

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Purpose – The purpose of the paper is twofold. First it examines the use of restorative practices in the Youth Justice System. Second the paper seeks to critically assess the benefits of Restorative Justice (RJ) at the pre-sentence stage in England and Wales, particularly in terms of its ethical and practical application. Design/methodology/approach – The paper takes the form of a conceptual analysis. The authors draw principally on the experiences of a small scale pilot into the use of pre-sentence RJ and data from in-depth interviews with one of the pilot sites. A snapshot survey and discussions with a Youth Offending Team piloting pre-sentence RJ was also undertaken. Findings – The authors find that the level of personal involvement of victims in RJ has fallen short of expectations. The authors note that if there is to be reduced stress and trauma for victims participation needs to be independent of coercion or reward. Offenders who are lacking in sincerity should not be coerced or pressured into accepting pre-sentence RJ as this could, despite benign intents, exacerbate feelings of anger and distress for victims. The authors also note the importance of practitioners being properly trained in RJ conferencing as they have a fundamental part to play in mitigating against some of the potential risks. Practical implications – The paper identifies issues and ambiguities with pre-sentence RJ and examines in detail the complexities of working in such an environment. The paper will be of use to local and potentially national decision makers and commissioners of RJ programmes. Originality/value – The authors explore the under researched concept and delivery of pre-sentence RJ.

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Willrich, Michael. "Dickering for Justice: Power, Interests, and the Plea Bargaining Juggernaut". Reviews in American History 31, n.º 3 (2003): 430–39. http://dx.doi.org/10.1353/rah.2003.0060.

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Tokarz, Rayla E. "Identifying Criminal Justice Faculty Research Interests Using Voyant and NVivo". Behavioral & Social Sciences Librarian 36, n.º 3 (3 de julio de 2017): 113–21. http://dx.doi.org/10.1080/01639269.2017.1771034.

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Nudnenko, Lidia A. "Justice as a Criterion of the Balance between Public and Private Interests". Constitutional and municipal law 1 (28 de enero de 2021): 46–50. http://dx.doi.org/10.18572/1812-3767-2021-1-46-50.

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The article deals with the problems of combining public and private interests. It is proved that interests are conditioned by the needs of the individual, and their relationship is shown. It is stated that the satisfaction of social and economic needs and interests is possible only through the use of the constitutional rights and freedoms of the individual in the sphere of democracy, through the institutions of direct and representative democracy, and local self-government. The constitutional bases of public interests are defined. The reasons for the divergence of public and private interests are formulated. The constitutional principle of justice is defined as a criterion for balancing public and private interests.

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Attfield, Robin. "The Place of Animals in Theodicy and in Justice". Religions 13, n.º 5 (17 de mayo de 2022): 450. http://dx.doi.org/10.3390/rel13050450.

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It is widely recognized that the animal suffering of the evolutionary past is a problem for believers in a good and just God. However, this problem is not insuperable if the intrinsic value of nonhuman flourishing is recognized as integral to the Creator’s plan (including the sentience that makes this flourishing possible among most species of animals), and if this intrinsic value is recognized as comparable to the intrinsic value of human suffering. These considerations have a bearing on justice. Many philosophers, while granting the moral standing of nonhuman animals, assume that, where justice is concerned, human interests trump those of nonhumans. However, most people accept that the central interests of nonhumans, such as the avoidance of a painful death, are not trumped by trivial human interests. But the obligations to animals that are presupposed here are not ones that are liable to be superseded by each and every interhuman obligation. Hence, theories of justice need to recognize that the needs and interests of nonhuman animals generate obligations of justice, as well as of charity.

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Arcarazo, Diego Acosta, Russell Buchan y Rene Ureña. "Beyond Justice, Beyond Peace? Colombia, the Interests of Justice, and the Limits of International Criminal Law". Criminal Law Forum 26, n.º 2 (3 de marzo de 2015): 291–318. http://dx.doi.org/10.1007/s10609-015-9248-1.

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Magomedova, Karina K. "Limits of Transparency of Justice in Civil Cases". Arbitrazh-civil procedure 10 (15 de octubre de 2020): 8–10. http://dx.doi.org/10.18572/1812-383x-2020-10-8-10.

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The article is devoted to the problem of the limits of transparency and their role in ensuring the balance of private and public interests. At all importance and necessity of transparency of justice for modern democratic society, it has certain limits and restrictions. The implementation of justice is always connected with the interests of certain subjects, therefore the right for information about justice and public court of one can conflict to the right and desire of others not to disclose certain information as it can affect their rights and legitimate interests, cause them damage and harm. Based on an understanding of the transparency of justice as information transparency for those individuals who involved in the (a) case and for the public, it is concluded that the limits of transparency for those individuals who involved in the case and the limits of transparency for the public should be distinguished.

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