Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 64

Search results for: intergenerational justice

64 An Approach to Consumption of Exhaustible Resources Based on Islamic Justice and Hartwick Criteria

Authors: Hamed Najafi, Ghasem Nikjou

Abstract:

Nowadays, there is an increasing attention to the resources scarcity issues. Because of failure in present patterns in the field of the allocation of exhaustible resources between generations and the challenges related to economic justice supply, it is supposed, to present a pattern from the Islamic perspective in this essay. By using content analysis of religious texts, we conclude that governments should remove the gap which is exists between the per capita income of the poor and their minimum consumption (necessary consumption). In order to preserve the exhaustible resources for poor people) not for all), between all generations, government should invest exhaustible resources on endless resources according to Hartwick’s criteria and should spend these benefits for poor people. But, if benefits did not cover the gap between minimum consumption and per capita income of poor levels in one generation, in this case, the government is responsible for covering this gap through the direct consumption of exhaustible resources. For an exact answer to this question, ‘how much of exhaustible resources should expense to maintain justice between generations?’ The theoretical and mathematical modeling has been used and proper function has been provided. The consumption pattern is presented for economic policy makers in Muslim countries, and non-Muslim even, it can be useful.

Keywords: Exhaustible resources, Islamic justice, intergenerational justice, distribution of resources, Hartwick Criteria.

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63 Development of Organizational Justice in Incentive Allocation of the Thai Public Sector

Authors: Kalayanee Koonmee

Abstract:

An incentive for performance, as one subsystem of a new performance management system, has been implemented in the Thai public sector since 2004. This research investigates the development of organizational justice in the incentive allocation by comparing the roles of distributive and procedural justice on national personnel-s attitudinal outcomes (incentive satisfaction and job performance) between 2 periods, i.e. 2006 and 2008. The data were collected via self-administered questionnaires completed by national government officers and employees. They were stratified using multistage sampling with 2,600 usable samples or 72.0% response rate in 2006, and 1,969 usable samples or 59.3% in 2008. The findings are: (1) There is no difference in means between the two periods relating to distributive justice, procedural justice, incentive satisfaction and job performance. (2) Distributive justice and procedural justice played more important roles in predicting incentive satisfaction and job performance in 2008 than in 2006.

Keywords: Distributive justice, incentive allocation, proceduraljustice, Thai public sector.

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62 Idea of International Criminal Justice in the Function of Prosecution International Crimes

Authors: Vanda Božić, Željko Nikač

Abstract:

The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.

Keywords: International crimes, international criminal justice, prosecution of crimes, Ad Hoc tribunal, the International Criminal Court.

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61 Biculturalism and Educational Success: The Case of the Social Justice High School in Chicago, Illinois, USA

Authors: L. Tizzi

Abstract:

The aim of this contribution is to present the experience of the U.S. secondary school Social Justice High School (SoJo), part of the larger Campus of Little Village Lawndale High School (LVLHS) located in Chicago, Illinois (USA). This experience can be considered a concrete application of the principles of the educational perspective known, in the United States, as Social Justice Education, aimed at ensuring quality education and educational success for students from disadvantaged groups, particularly those characterized by “biculturalism”, i.e. students with a dual cultural and linguistic background. The contribution will retrace the historical and social events that led to the birth of the SoJo, explaining the principles and methods used by the school to achieve its objectives and giving also some statistical data.

Keywords: Biculturalism, educational success, social justice education, social justice high school.

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60 The Relationship between the Feeling of Distributive Justice and National Identity of the Youth

Authors: Leila Batmany

Abstract:

This research studies the relationship between the feeling of distributive justice and national identity of the youth. The present analysis intends to experimentally investigate the various dimensions of the justice feeling and its effect on the national identity components. The study has taken justice into consideration from four different points of view on the basis of availability of valuable social sources such as power, wealth, knowledge and status in the political, economic, and cultural and status justice respectively. Furthermore, the national identity has been considered as the feeling of honour, attachment and commitment towards national society and its seven components i.e. history, language, culture, political system, religion, geographical territory and society. The 'field study' has been used as the method for the research with the individual as unit, taking 368 young between the age of 18 and 29 living in Tehran, chosen randomly according to Cochran formula. The individual samples have been randomly chosen among five districts in north, south, west, east, and centre of Tehran, based on the multistage cluster sampling. The data collection has been performed with the use of questionnaire and interview. The most important results are as follows: i) The feeling of economic justice is the weakest one among the youth. ii) The strongest and the weakest dimensions of the national identity are, respectively, the historical and the social dimension. iii) There is a positive and meaningful relationship between the feeling political and statues justice and then national identity, whereas no meaningful relationship exists between the economic and cultural justice and the national identity. iv) There is a positive and meaningful relationship between the feeling of justice in all dimensions and legitimacy of the political system. There is also such a relationship between the legitimacy of the political system and national identity. v) Generally, there is a positive and meaningful relationship between the feeling of distributive justice and national identity among the youth. vi) It is through the legitimacy of the political system that justice feeling can have an influence on the national identity.

Keywords: Distributive justice, national identity, legitimacy of political system, Cochran formula, multistage cluster sampling.

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59 Towards a Unified Approach of Social Justice: Merging Tradition and Modernity in Public Policy Making in India

Authors: Subramaniam Chandran

Abstract:

This paper explores the social and political imperatives in the sphere of public policy relating to social justice. In India, the colonial legacy and post-colonial social and political pressures sustained the appropriation of 'caste' category in allocating public resources to the backward class of citizens. For several reasons, 'economic' category could not be placed in allocating resources. This paper examines the reasons behind the deliberative exercises and formulating policies and seeks an alternative framework in realizing social justice in terms of a unified category. This attempt can be viewed as a reconciliation of traditional and modern values for a viable alternative in public policy making.

Keywords: Social justice, caste, public policy, communal quota

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58 Judicial Institutions in a Post-Conflict Society: Gaining Legitimacy through a Holistic Reform

Authors: Abdul Salim Amin

Abstract:

This paper focuses on how judiciaries in post-conflict societies can gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping people’s behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute to legitimation of judiciary in general, and the courts in particular. Increasing independence of judiciary through reform limits, inter alia, government interference in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizens and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens neither accept an illegitimate judiciary nor do they trust its decisions. Lack of such tolerance and confidence deters the rule of law and thus, undermines the democratic development of a society.

Keywords: Legitimacy, judicial reform, judicial independence, access to justice, legal training, informal justice, rule of law.

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57 The Organizational Justice-Citizenship Behavior Link in Hotels: Does Customer Orientation Matter?

Authors: Pablo Zoghbi-Manrique-de-Lara, Miguel A. Suárez-Acosta

Abstract:

The goal of the present paper is to model two classic lines of research in which employees starred, organizational justice and citizenship behavior (OCB), but that have never been studied together when targeting customers. The suggestion is made that a hotel’s fair treatment (in terms of distributive, procedural, and interactional justice) toward customers will be appreciated by the employees, who will reciprocate in kind by favoring the hotel with increased customer-oriented behaviors (COBs). Data were collected from 204 employees at eight upscale hotels in the Canary Islands (Spain). Unlike in the case of perceptions of distributive justice, results of structural equation modeling demonstrate that employees substantively react to interactional and procedural justice toward guests by engaging in customer-oriented behaviors (COBs). The findings offer new reasons why employees decide to engage in COBs, and they highlight potentially beneficial effects of fair treatment toward guests bring to hospitality through promoting COBs.

Keywords: Hotel guests’ (mis) treatment, customer-oriented behaviors, employee citizenship, organizational justice, third-party observers, third-party intervention.

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56 Legal Theories Underpinning Access to Justice for Victims of Sexual Violence in Refugee Camps in Africa

Authors: O. E. Eberechi, G. P. Stevens

Abstract:

Legal theory has been referred to as the explanation of why things do or do not happen. It also describes situations and why they ensue. It provides a normative framework by which things are regulated and a foundation for the establishment of legal mechanisms/institutions that can bring about a desired change in a society. Furthermore, it offers recommendations in resolving practical problems and describes what the law is, what the law ought to be and defines the legal landscape generally. Some legal theories provide a universal standard, e.g. human rights, while others are capable of organizing and streamlining the collective use, and, by extension, bring order to society. Legal theory is used to explain how the world works and how it does not work. This paper will argue for the application of the principles of legal theory in the achievement of access to justice for female victims of sexual violence in refugee camps in Africa through the analysis of legal theories underpinning the access to justice for these women. It is a known fact that female refugees in camps in Africa often experience some form of sexual violation. The perpetrators of these incidents may never be apprehended, prosecuted, convicted or sentenced. Where prosecution does occur, the perpetrators are either acquitted as a result of poor investigation, inept prosecution, a lack of evidence, or the case may be dismissed owing to tardiness on the part of the prosecutor, which accounts for the culture of impunity in refugee camps. In other words, victims do not have access to the justice that could ameliorate the plight of the victims. There is, thus, a need for a legal framework that will facilitate access to justice for these victims. This paper will start with an introduction, and be followed by the definition of legal theory, its functions and its application in law. Secondly, it will provide a brief explanation of the problems faced by female refugees who are victims of sexual violence in refugee camps in Africa. Thirdly, it will embark on an analysis of theories which will be a help to an understanding of the precarious situation of female refugees, why they are violated, the need for access to justice for these victims, and the principles of legal theory in its usefulness in resolving access to justice for these victims.

Keywords: Access to justice, underpinning legal theory, refugee, sexual violence.

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55 The Relation between the Organizational Trust Level and Organizational Justice Perceptions of Staff in Konya Municipality: A Theoretical and Empirical Study

Authors: Handan Ertaş

Abstract:

The aim of the study is to determine the relationship between organizational trust level and organizational justice of Municipality officials. Correlational method has been used via descriptive survey model and Organizational Justice Perception Scale, Organizational Trust Inventory and Interpersonal Trust Scale have been applied to 353 participants who work in Konya Metropolitan Municipality and central district municipalities in the study. Frequency as statistical method, Independent Samples t test for binary groups, One Way-ANOVA analyses for multi-groups and Pearson Correlation analysis have been used to determine the relation in the data analysis process.It has been determined in the outcomes of the study that participants have high level of organizational trust, “Interpersonal Trust” is in the first place and there is a significant difference in the favor of male officials in terms of Trust on the Organization Itself and Interpersonal Trust. It has also been understood that officials in district municipalities have higher perception level in all dimensions, there is a significant difference in Trust on the Organization sub-dimension and work status is an important factor on organizational trust perception. Moreover, the study has shown that organizational justice implementations are important in raising trust of official on the organization, administrator and colleagues, and there is a parallel relation between Organizational Trust components and Organizational Trust dimensions.

Keywords: Konya, Organizational Justice, Organizational.

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54 Meeting Criminogenic Needs to Reduce Recidivism: The Diversion of Vulnerable Offenders from the Criminal Justice System into Care

Authors: Paulo Rocha

Abstract:

Once in touch with the Criminal Justice System, offenders with mental disorder tend to return to custody more often than nondisordered individuals, which suggests they have not been receiving appropriate treatment in prison. In this scenario, diverting individuals into care as early as possible in their trajectory seems to be the appropriate approach to rehabilitate mentally unwell offenders and alleviate overcrowded prisons. This paper builds on an ethnographic research investigating the challenges encountered by practitioners working to divert offenders into care while attempting to establish cross-boundary interactions with professionals in the Criminal Justice System and Mental Health Services in the UK. Drawing upon the findings of the study, this paper suggests the development of adequate tools to enable liaison between agencies which ultimately results in successful interventions.

Keywords: Criminogenic needs, interagency collaboration, liaison and diversion, recidivism.

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53 Performance, Need and Discriminatory Allegiance of Employees as Awarding Criteria of Distributive Justice

Authors: B. Gangloff, L. Mayoral, A. Rezrazi

Abstract:

Three types of salary distribution are usually proposed by the theorists of distributive justice: Equality, equity and need. Their influence has been studied, taking into consideration (in terms of equity) the performance of the employees and their degree of allegiance/rebellion in what regards discriminatory hierarchical orders, by taking into account the reasons of such allegiance/rebellion (allegiance out of conviction, legalism or opportunism/ethical rebellion). Conducted in Argentina, the study has confronted 480 students (240 male and 240 female) with a practical case in which they had to advise a manager of a real estate agency on the allocation of a bonus amongst his employees. The latter were characterized according to their respective performance, one of them being further defined as being (or not) in a financial need and as having complied (or not) with a discriminatory hierarchical order regarding foreigners. The results show that the distribution of the bonus only follows the rules of equity and need: The employees more efficient, allegiant or in need, are rewarded more than the others. It is also noteworthy that the allegiant employees are rewarded in the same way, regardless of the reason for their allegiance, and that the employee who refuses to adopt a discriminatory conduct is penalized.

Keywords: Distributive justice, equity, performance, allegiance, ethic.

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52 A Textual Analysis of Prospective Teachers’ Social Justice Identity Development and LGBTQ Advocacy

Authors: Mi Ok Kang

Abstract:

This study examined the influences of including LGBTQ-related content in a multicultural teacher education course on the development of prospective teachers’ social justice identities. Appling a content analysis to 53 reflection texts written by participating prospective teachers in response to the relevant course content, this study deduced the stages of social justice identity development (naïve, acceptance, resistance, redefinition, and internalization) that participants reached during the course. The analysis demonstrated that the participants reached various stages in the social identity development model and none of the participants remained at the naïve stage during/after class. The majority (53%) of the participants reached the internalization stage during the coursework and became conscious about the heterosexual privileges they have had and aware of possible impacts of such privilege on their future LGBTQ students. Also the participants had begun to develop pedagogic action plans and devised applicable teaching strategies for their future students based on the new understanding of heteronormativity. We expect this study will benefit teacher educators and educational administrators who want to address LGBTQ-related issues in their multicultural education programs and/or revisit the goals, directions, and implications of their approach.

Keywords: LGBTQ, heteronormativity, social justice identity, teacher education, multicultural education, content analysis.

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51 The Islamic Element of Al-‘Adl in Critical Thinking: the Perception of Muslim Engineering Undergraduates in Malaysia

Authors: Mohd Nuri Al-Amin Endut, Wan Suhaimi Wan Abdullah, Zulqarnain Abu Bakar

Abstract:

The element of justice or al-‘adl in the context of Islamic critical thinking deals with the notion of justice in a thinking process which critically rationalizes the truth in a fair and objective manner with no irrelevant interference that can jeopardize a sound judgment. This Islamic axiological element is vital in technological decision making as it addresses the issues of religious values and ethics that are primarily set to fulfill the purpose of human life on earth. The main objective of this study was to examine and analyze the perception of Muslim engineering students in Malaysian higher education institutions towards the concept of al-‘adl as an essential element of Islamic critical thinking. The study employed mixed methods approach that comprises data collection from the questionnaire survey and the interview responses. A total of 557 Muslim engineering undergraduates from six Malaysian universities participated in the study. The study generally indicated that Muslim engineering undergraduates in the higher institutions have rather good comprehension and consciousness for al-‘adl with a slight awareness on the importance of objective thinking. Nonetheless there were a few items on the concept that have implied a comparatively low perception on the rational justice in Islam as the means to grasp the ultimate truth.

Keywords: Engineering education, Islamic critical thinking, rational justice, perception, tertiary education.

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50 The Impact of Character Strengths on Employee Well-Being: The Mediating Effect of Work-Family Relationship

Authors: Jing Wang, Yong Wang

Abstract:

For organizational development, employee well-being is critical and has been influenced deeply by character strengths. Therefore, investigating the relationship between character strengths and employee well-being and its inner mechanism is crucial. In this study, we explored the features of Chinese employees' character strengths, studied the relationship between character strengths and employees' subjective well-being, work well-being and psychological well-being respectively, and examined the mediating effect of work-family relationship (both enrichment and conflict). An online survey was conducted. The results showed that: (1) The top five character strengths of Chinese employees were gratitude, citizenship, kindness, appreciation of beauty and excellence, justice, while the bottom five ones were creativity, authenticity, bravery, spirituality, open-mindedness. (2) Subjective well-being was significantly correlated to courage, humanity, transcendence and justice. Work well-being was significantly correlated to wisdom, courage, humanity, justice and transcendence. Psychological well-being was significantly correlated to all the above five character strengths and temperance. (3) Wisdom and humanity influenced Chinese employees’ subjective well-being through work-family enrichment. Justice enhanced psychological well-being via work-family enrichment; meanwhile, it also played a positive role in subjective well-being, work well-being, and psychological well-being by decreasing the family-work conflict. At the end of this paper, some theoretical and practical contributions to organizational management were further discussed.

Keywords: Character strengths, work-family conflict, work-family enrichment, employee well-being, work well-being.

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49 Gender Justice and Feminist Self-Management Practices in the Solidarity Economy: A Quantitative Analysis of the Factors that Impact Enterprises Formed by Women in Brazil

Authors: Maria de Nazaré Moraes Soares, Silvia Maria Dias Pedro Rebouças, José Carlos Lázaro

Abstract:

The Solidarity Economy (SE) acts in the re-articulation of the economic field to the other spheres of social action. The significant participation of women in SE resulted in the formation of a national network of self-managed enterprises in Brazil: The Solidarity and Feminist Economy Network (SFEN). The objective of the research is to identify factors of gender justice and feminist self-management practices that adhere to the reality of women in SE enterprises. The conceptual apparatus related to feminist studies in this research covers Nancy Fraser approaches on gender justice, and Patricia Yancey Martin approaches on feminist management practices, and authors of postcolonial feminism such as Mohanty and Maria Lugones, who lead the discussion to peripheral contexts, a necessary perspective when observing the women’s movement in SE. The research has a quantitative nature in the phases of data collection and analysis. The data collection was performed through two data sources: the database mapped in Brazil in 2010-2013 by the National Information System in Solidary Economy and 150 questionnaires with women from 16 enterprises in SFEN, in a state of Brazilian northeast. The data were analyzed using the multivariate statistical technique of Factor Analysis. The results show that the factors that define gender justice and feminist self-management practices in SE are interrelated in several levels, proving statistically the intersectional condition of the issue of women. The evidence from the quantitative analysis allowed us to understand the dimensions of gender justice and feminist management practices intersectionality; in this sense, the non-distribution of domestic work interferes in non-representation of women in public spaces, especially in peripheral contexts. The study contributes with important reflections to the studies of this area and can be complemented in the future with a qualitative research that approaches the perspective of women in the context of the SE self-management paradigm.

Keywords: Feminist management practices, gender justice, self-management, solidarity economy.

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48 Understanding Europe’s Role in the Area of Liberty, Security and Justice as an International Actor

Authors: Sarah Barrere

Abstract:

The area of liberty, security and justice within the European Union is still a work in progress. No one can deny that the EU struggles between a monistic and a dualist approach. The aim of our essay is to first review how the European law is perceived by the rest of the international scene. It will then discuss two main mechanisms at play: the interpretation of larger international treaties and the penal mechanisms of European law. Finally, it will help us understand the role of a penal Europe on the international scene with concrete examples. Special attention will be paid to cases that deal with fundamental rights as they represent an interesting case study in Europe and in the rest of the World. It could illustrate the aforementioned duality currently present in the Union’s interpretation of international public law. On the other hand, it will explore some specific European penal mechanism through mutual recognition and the European arrest warrant in the transnational criminality frame. Concerning the interpretation of the treaties, it will first, underline the ambiguity and the general nature of some treaties that leave the EU exposed to tension and misunderstanding then it will review the validity of an EU act (whether or not it is compatible with the rules of International law). Finally, it will focus on the most complete manifestation of liberty, security and justice through the principle of mutual recognition. Used initially in commercial matters, it has become “the cornerstone” of European construction. It will see how it is applied in judicial decisions (its main event and achieving success is via the European arrest warrant) and how European member states have managed to develop this cooperation.

Keywords: European penal law, International scene, Liberty security and justice area, mutual recognition.

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47 Pathological Truth: The Use of Forensic Science in Kenya’s Criminal Justice System

Authors: Peter Ndichu Muriuki

Abstract:

Assassination of politicians, school mass murders, purported suicides, aircraft crash, mass shootings by police, sinking of sea ferries, mysterious car accidents, mass fire deaths and horrificterror attacks are some of the cases that bring forth scientific and legal conflicts. Questions about truth, justice and human rights are raised by both victims and perpetrators/offenders as they seek to understand why and how it happened to them. This kind of questioning manifests itself in medical-criminological-legalpsychological and scientific realms. An agreement towards truthinvestigations for possible legal-political-psychological transitory issues such as prosecution, victim-offender mediation, healing, reconciliation, amnesty, reparation, restitution, and policy formulations is seen as one way of transforming these conflicts. Forensic scientists and pathologists in particular have formed professional groups where the complexities between legal truth and scientific truth are dramatized and elucidated within the anatomy of courtrooms. This paper focuses on how pathological truth and legal truth interact with each other in Kenya’s criminal justice system. 

Keywords: Forensic pathology, forensic science, pathological truth, truth investigations.

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46 Emergence of New Capitalist Class and Issues of Market, Merit and Social Justice: The Business and Economics of Higher Education in India

Authors: Subramaniam Chandran

Abstract:

This paper analyses the structural changes in education sector since the introduction of liberalization policy in India. This paper explains how the so-called non-profit trusts and societies appropriated the liberalization policy and enhanced themselves as new capitalist class in higher education sector. Over the decades, the policy witnessed the role of private sector in terms of maintaining market equilibrium. The state also witnessed the incompatibility of the private sector in inculcating the values of social justice. The most important consequence of the policy is to witness the rise of new capitalist class and academic capitalism. When the state came to realize that it no longer cope up with market demands, it opens the entry of private sector in higher education. Concessions and tax exemptions were provided to the trusts and societies to establish higher education institutions. There is a basic difference between western countries and India in providing higher education by the trusts and societies. In western countries the big business houses contributed their surplus revenues to promote higher education and research as a complementary service to society and nation. In India, several entrepreneurs came up with business motive using education sector. Over the period, they accumulated wealth at the cost of students and concessions from the government. Four major results can now be identified: production of manpower in view of market demands; reduction of standards in higher education; bypassing the values of social justice; and the rise of new capitalist class from the business of education. This paper tries to substantiate these issues with the inputs from case studies.

Keywords: New capitalism, market, social justice, higher education

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45 The Principle of the Protection of Legitimate Expectation: Analysis the Adjudications of Thailand Court

Authors: Paiboon Chuwatthanakij

Abstract:

In reference to the legal state in the Thai legal system, most people understand the minor principles of the legal state form, which are the principles that can be explained and understood easily and the results can be seen clearly, especially in the legitimacy of administrative acts. Therefore, there is no awareness of justice, which is the fundamental value of Thai law. The legitimacy of administrative acts requires the administration to adhere to the constitution and legislative laws in enforcement of the laws. If it appears that the administrative acts are illegitimate, the administrative court, as the court of justice, will revoke those acts as if they had never been set in the legal system, this will affect people’s trust as they are unaware as to whether the administrative acts that appoint their lives are legitimate or not. Regarding the revocation of administrative orders by the administrative court as if those orders had never existed, the common individual surely cannot be expected to comprehend the security of their juristic position. Therefore, the legal state does not require a revocation of the government’s acts to terminate its legal results merely because those acts are illegitimate, but there should be considerations and realizations regarding the “The Principle of the Protection of Legitimate Expectation,” which is a minor principle in the legal state’s content that focuses on supporting and protecting legitimate expectations of the juristic position of an individual and maintaining justice, which is the fundamental value of Thai law.

Keywords: Legal state, Rule of law, Protection of legitimate.

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44 Moral Reasoning and Behaviour in Adulthood

Authors: O. Matarazzo, L. Abbamonte, G. Nigro

Abstract:

This study aimed at assessing whether and to what extent moral judgment and behaviour were: 1. situation-dependent; 2. selectively dependent on cognitive and affective components; 3. influenced by gender and age; 4. reciprocally congruent. In order to achieve these aims, four different types of moral dilemmas were construed and five types of thinking were presented for each of them – representing five possible ways to evaluate the situation. The judgment criteria included selfishness, altruism, sense of justice, and the conflict between selfishness and the two moral issues. The participants were 250 unpaid volunteers (50% male; 50% female) belonging to two age-groups: young people and adults. The study entailed a 2 (gender) x 2 (age-group) x 5 (type of thinking) x 4 (situation) mixed design: the first two variables were betweensubjects, the others were within-subjects. Results have shown that: 1. moral judgment and behaviour are at least partially affected by the type of situations and by interpersonal variables such as gender and age; 2. moral reasoning depends in a similar manner on cognitive and affective factors; 3. there is not a gender polarity between the ethic of justice and the ethic of cure/ altruism; 4. moral reasoning and behavior are perceived as reciprocally congruent even though their congruence decreases with a more objective assessment. Such results were discussed in the light of contrasting theories on morality.

Keywords: Contextual-pragmatic approach to morality, ethic ofcare, ethic of justice, Kohlbergian approach, moral behaviour, moralreasoning.

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43 The Emerging Global Judicial Ethics: Issues and Problems

Authors: Caroline Foulquier-Expert

Abstract:

In many states around the world, actions to improve judicial ethics are developing significantly through the production of professional standards for judges. The quest to improve the ethics of judges is legitimate. However, as this development tends to be very important at the moment, some risks it presents must be highlighted. Indeed, if the objective of improving Judges’ Ethics is legitimate, it can also lead to banalization of justice, reinforcement of criticism against the judiciary and to broach incidentally the question of the limits of judgment, which is most perilous for the independence of the judiciary. This research, based on case studies, interviews with judges and an analysis of the literature on this topic (mainly from the United States of America and European Union Member States), tends to draw attention to the fact that the result of the development of these professional standards is that the ethical requirements of judges become ethical requirements of justice, which is an undesirable effect of which we must be aware, in order to prevent it.

Keywords: Judicial Ethics, Codes of conduct, Independence, Limits of Judgment.

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42 Securing Justice: A Critical Analysis of Kenya-s Post 9/11 Security Apparatus

Authors: Peter Ndichu Muriuki

Abstract:

The 9/11 suicide attacks in New York, Washington, D.C., and Pennsylvania, triggered a number of security responses both in the United States of America and other Countries in the World. Kenya, which is an ally and a close partner to North America and Europe, was not left behind. While many states had been parties to numerous terrorism conventions, their response in implementing them had been slow and needed this catalyst. This special case offered a window of opportunity for many “security conscious" regimes in cementing their legal-criminological and political security apparatus. At the international level, the 9/11 case led to the hasty adoption of Security Council resolution 1373 in 2001, which called upon states to adopt wide-ranging and comprehensive steps and strategies to combat international terrorism and to become parties to the relevant international conventions and protocols relating to terrorism. Since then, Kenya has responded with speed in devising social-legal-criminological-political actions.

Keywords: Justice, Policing, Security, Terrorism

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41 Sustainable Development: The Human Rights Approach to Environmental Protection in South Africa

Authors: C. M. van der Bank, Marjoné van der Bank

Abstract:

International and domestic environmental law has evolved quite rapidly in the last few decades. At the international level the Stockholm and Rio Declarations paved the way for a broad based consensus of the international community on environmental issues and principles. At the Domestic level also many states have incorporated environmental protection in their constitutions and even more states are doing the same at least in their domestic legislations. In this process of evolution environmental law has unleashed a number of novel principles such as; the participatory principle, the polluter pays principle, the precautionary principle, the intergenerational and intra-generational principles, the prevention principle, the sustainable development principle and so on.

Keywords: Environment, human rights, international, protection.

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40 Military Court’s Jurisdiction over Military Members Who Commit General Crimes under Indonesian Military Judiciary System in Comparison with Other Countries

Authors: Dini Dewi Heniarti

Abstract:

The importance of this study is to understand how Indonesian military court asserts its jurisdiction over military members who commit general crimes within the Indonesian military judiciary system in comparison to other countries. This research employs a normative-juridical approach in combination with historical and comparative-juridical approaches. The research specification is analytical-descriptive in nature, i.e. describing or outlining the principles, basic concepts, and norms related to military judiciary system, which are further analyzed within the context of implementation and as the inputs for military justice regulation under the Indonesian legal system. Main data used in this research are secondary data, including primary, secondary and tertiary legal sources. The research focuses on secondary data, while primary data are supplementary in nature. The validity of data is checked using multi-methods commonly known as triangulation, i.e. to reflect the efforts to gain an in-depth understanding of phenomena being studied. Here, the military element is kept intact in the judiciary process with due observance of the Military Criminal Justice System and the Military Command Development Principle. The Indonesian military judiciary jurisdiction over military members committing general crimes is based on national legal system and global development while taking into account the structure, composition and position of military forces within the state structure. Jurisdiction is formulated by setting forth the substantive norm of crimes that are military in nature. At the level of adjudication jurisdiction, the military court has a jurisdiction to adjudicate military personnel who commit general offences. At the level of execution jurisdiction, the military court has a jurisdiction to execute the sentence against military members who have been convicted with a final and binding judgement. Military court's jurisdiction needs to be expanded when the country is in the state of war.

Keywords: Military courts, Jurisdiction, Military members, Military justice system.

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39 IT Systems of the US Federal Courts, Justice, and Governance

Authors: Joseph Zernik

Abstract:

Validity, integrity, and impacts of the IT systems of the US federal courts have been studied as part of the Human Rights Alert-NGO (HRA) submission for the 2015 Universal Periodic Review (UPR) of human rights in the United States by the Human Rights Council (HRC) of the United Nations (UN). The current report includes overview of IT system analysis, data-mining and case studies. System analysis and data-mining show: Development and implementation with no lawful authority, servers of unverified identity, invalidity in implementation of electronic signatures, authentication instruments and procedures, authorities and permissions; discrimination in access against the public and unrepresented (pro se) parties and in favor of attorneys; widespread publication of invalid judicial records and dockets, leading to their false representation and false enforcement. A series of case studies documents the impacts on individuals' human rights, on banking regulation, and on international matters. Significance is discussed in the context of various media and expert reports, which opine unprecedented corruption of the US justice system today, and which question, whether the US Constitution was in fact suspended. Similar findings were previously reported in IT systems of the State of California and the State of Israel, which were incorporated, subject to professional HRC staff review, into the UN UPR reports (2010 and 2013). Solutions are proposed, based on the principles of publicity of the law and the separation of power: Reliance on US IT and legal experts under accountability to the legislative branch, enhancing transparency, ongoing vigilance by human rights and internet activists. IT experts should assume more prominent civic duties in the safeguard of civil society in our era.

Keywords: E-justice, federal courts, United States, human rights, banking regulation.

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38 Sustainable Urban Transport Management and Its Strategies

Authors: Touba Amirazodi

Abstract:

Rapid process of urbanism development has increased the demand for some infrastructures such as supplying potable water, electricity network and transportation facilities and etc. Nonefficiency of the existing system with parallel managements of urban traffic management has increased the gap between supply and demand of traffic facilities. A sustainable transport system requires some activities more important than air pollution control, traffic or fuel consumption reduction and the studies show that there is no unique solution for solving complicated transportation problems and solving such a problem needs a comprehensive, dynamic and reliable mechanism. Sustainable transport management considers the effects of transportation development on economic efficiency, environmental issues, resources consumption, land use and social justice and helps reduction of environmental effects, increase of transportation system efficiency as well as improvement of social life and aims to enhance efficiency, goods transportation, provide services with minimum access problems that cannot be realized without reorganization of strategies, policies and plans.

Keywords: Sustainable Urban Transport, Environment, Social Justice, Air Pollution

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37 A Study on How Newlyweds Handle the Difference with Parents on Wedding Arrangements and Its Implication for Services in Hong Kong

Authors: K. M. Yuen

Abstract:

This research examined the literature review of wedding preparation’s challenges and its developmental tasks of family transition under family life cycle. Five interviewees were invited to share their experiences on the differences with their parents in regard to wedding preparations and coping strategies. Some coping strategies and processes were highlighted for facilitating the family to achieve the developmental tasks during the wedding preparation. However, those coping strategies and processes may only act as the step and the behavior, while “concern towards parents” was found to be the essential element behind these behaviors. In addition to pre-marital counseling, a developmental group was suggested to develop under the framework of family life cycle and its related coping strategies on working with the newlyweds who encountered intergenerational differences in regard to their wedding preparations.

Keywords: Coping strategies, difference, family life cycle, developmental tasks, wedding preparation.

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36 Virtual Conciliation in Colombia: Evaluation of Maturity Level within the Framework of E-Government

Authors: Jenny Paola Forero Pachón, Sonia Cristina Gamboa Sarmiento, Luis Carlos Gómez Flórez

Abstract:

The Colombian government has defined an e-government strategy to take advantage of Information Technologies (IT) in order to contribute to the building of a more efficient, transparent and participative State that provides better services to citizens and businesses. In this regard, the Justice sector is one of the government sectors where IT has generated more expectation considering that the country has a judicial processes backlog. This situation has led to the search for alternative forms of access to justice that speed up the process while providing a low cost for citizens. To this end, the Colombian government has authorized the use of Alternative Dispute Resolution methods (ADR), a remedy where disputes can be resolved more quickly compared to judicial processes while facilitating greater communication between the parties, without recourse to judicial authority. One of these methods is conciliation, which includes a special modality that takes advantage of IT for the development of itself known as virtual conciliation. With this option the conciliation is supported by information systems, applications or platforms and communications are provided through it. This paper evaluates the level of maturity in how the service of virtual conciliation is under the framework of this strategy. This evaluation is carried out considering Shahkooh's 5-phase model for e-government. As a result, it is evident that in the context of conciliation, maturity does not reach the necessary level in the model so that it can be considered as virtual conciliation; therefore, it is necessary to define strategies to maximize the potential of IT in this context.

Keywords: Alternative dispute resolution, e-government, evaluation of maturity, Shahkooh model, virtual conciliation.

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35 The Role of the Accused’s Attorney in the Criminal Justice System of Iran, Mashhad 2014

Authors: Mahdi Karimi

Abstract:

One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: Defense attorney, equality of arms, fair trial, reducing the penalty, right to defense.

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