"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

In the context of technological advances, the concept of digital justice is emerging, an extra-judicial sphere that uses technologies such as artificial intelligence to address controversial situations through physical assistants or even robots, if the litigant so wishes. Thus, while AI is effective in resolving simple disputes without human intervention, even UNESCO warns against its exclusivity in more complicated cases. From this perspective, through a qualitative approach and literature review, this research focused on examining the benefits and limitations of (...) AI in the administration of justice. The review of the academic literature reveals that this technology facilitates the functions performed by judges and lawyers in controversial situations. The studies, however, point to the importance of using human intelligence in law making and more general judicial processes. In conclusion, AI improves the efficiency of the administration of justice; however, its place in judicial operations and process should only be complementary to the use of human intervention. This action maintains fairness and considers the ethical point at stake, reaffirms the existence of some irreplaceable human capabilities in the judicial process. (shrink)

Specialized Justice addresses the question of the desirability of specialization in the administration of justice. Should there be more, rather than less, sub-division of the judiciary into specialized tribunals? What is most desirable in terms of efficiency, speed, true justice, and cost? The author attempts to answer these questions both by examining theoretical paradigms and also by describing the results of an empirical study which he has undertaken. He concludes by examining variables that apply in different (...) jurisdictions and which should, if accounted for properly, allow generalized lessons to be extracted from the individual studies. (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores the (...) potential of legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores the (...) potential of legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

Thinking about justice -- The possibility of a justice convention -- The justice convention continued: Deliberating about the proper scope of public protection -- The justice convention continued: Deliberating about the appropriate response to wrongdoing -- The justice convention continued: Deliberating about criminal procedure -- The justice convention concluded: Deliberating about equality -- From natural law to human rights -- Nuremberg and beyond: the creation oa a system of international criminal justice -- Transitional (...) justice: New democracies grapple with their past -- The right to be let alone: determining the scope of personal freedom -- Justice in a lifeboat: Thinking about life-life tradeoffs -- Restorative justice: A challenge to the currrent system of criminal justice -- Sentencing offenders in noncapital cases -- Sentencing offenders in capital cases: The death penalty -- Justice and mercy. (shrink)

Law as one sign system can be recorded and interpreted by another sign system—media. If each transaction in court is taken as a sign, it can be interpreted or transferred by different signs of media for the same purpose, though with different effects. This study focuses on the transformative effects of the semiotic revolution in media on law. The present research revealed that the evolution of media has driven the administration of justice to pay more attention to the (...) process of court proceedings. This research also discusses the semiotic conflict and compatibility between the sign subsystems within media upon interpreting the administration of justice. In addition, disequilibrium between different sign systems highlights the consequent need for intersemiotic translation, consciousness and evaluation as part of decision making on court domains. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the (...) author proposes numerous specific changes in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

Amidst the ideology, efficiency and bitter contention of international economy, the importance of leadership or public administration had long been under-stressed as an avenue for any better solution. Nonetheless, within a changing mode of interaction in the global community, an increasing ethos for the kind of common basis of ethics or agreement, at least in the level of class administrators or noble citizenry including the academicians, business leaders, bureaucrats and so, could be congruent for the public good on the (...) national and international plane. A rapid transformation for the informative society or sharing and humanity or social justice generally is seen to enable the possibility of new openness against the divergences from various reasons. Typically, I consider the public administration other than law, inter alia, could have strands to leap for any grand promise or for any cosmopolitan public value since it tends progressive and less ideological. At the core of ambition underlie the ethics of public administrators or their responsibility for the constituents and global public. The paper deals with two illustrative cases from the experience of South Korea which matters at the negative and positive concept of liberty. They will be investigated, empirically at some extent and in view of the ethics of congressmen and public officers. I, then, turn to explore the western theories and tenets often associated with their moral standard. Finally, the context could be revisited for the global scale of transformation expanded to cover the Orient and West. (shrink)

Justice in the bible -- Plato's The Republic -- Aristotle's Nicomachean ethics -- Justice in Islamic law -- Saint Thomas Aquinas' summa theologica -- Confucius in china -- The conquest of America -- Machiavelli: "the end justifies the means" -- Jiirgen Habermas' theory of diskursethik -- John Rawls' Justice as fairness -- Ronald Dworkin's Taking rights seriously -- Robert N Ozick's Anarchy, state, and utopia -- Justice as "efficiency" -- Justice and "desert" -- Precedents -- (...) Wojciech sadurski -- Marx's justice as a "critique" -- Alasdair macintyre -- "Feminist" justice. (shrink)

This book critically analyzes emerging issues and challenges in delivering timely justice to common people. It brings a wide range of contemporary and relevant issues relating to the gross violation of human rights and presents situation-based evidence from, and first-hand experiences of behavioral, social and legal professionals. It deals with themes such as holding administrations accountable and securing justice, challenges for the judiciary in the early disposal of cases, challenges to the forensic community, green federalism and environmental (...) class='Hi'>justice, current threats to human rights, ethics in the criminal justice system and honor killing from socio-cultural perspectives. Topical and comprehensive, this book will be an excellent read for scholars and researchers of political studies, legal studies, human rights, psychology, behavioural studies, political sociology, sociology, development studies, governance and public policy, environmental studies and South Asian studies. It will also interest policymakers, nongovernmental organizations, activists and professionals in the field. (shrink)

There can be no justice that is not spatial. Against a recent tendency to despatialise law, matter, bodies and even space itself, this book insists on spatialising them, arguing that there can be neither law nor justice that are not articulated through and in space. Spatial Justice presents a new theory and a radical application of the material connection between space – in the geographical as well as sociological and philosophical sense – and the law – in (...) the broadest sense that includes written and oral law, but also embodied social and political norms. More specifically, it argues that spatial justice is the struggle of various bodies – human, natural, non-organic, technological – to occupy a certain space at a certain time. Seen in this way, spatial justice is the most radical offspring of the spatial turn, since, as this book demonstrates, spatial justice can be found in the core of most contemporary legal and political issues – issues such as geopolitical conflicts, environmental issues, animality, colonisation, droning, the cyberspace and so on. In order to ague this, the book employs the _lawscape_, as the tautology between law and space, and the concept of _atmosphere_ in its geological, political, aesthetic, legal and biological dimension. Written by a leading theorist in the area, _Spatial Justice: Body, Lawscape, Atmosphere_ forges a new interdisciplinary understanding of space and law, while offering a fresh approach to current geopolitical, spatiolegal and ecological issues. (shrink)

The critics of the ICC in the Bush administration and its supporters within the human rights community have one thing in common: they assume that the ICC can evolve into an institution independent of states, either to constrain American power or to prosecute to end impunity for perpetrators.

The political changes of recent years and the problems of poverty, the environment and nationalism have led to calls for the establishment of a just world order. But what would such a world be like? This book considers the concept of international justice as it has developed in traditional political theory from Hobbes to Marx and in contemporary writing on the subject. It develops a theory of international justice designed to take account of both individual freedom and the (...) differences among communities. (shrink)

Fiscal equivalence in the public administration of justice requires local police and courts to be financed exclusively by the populations that benefit from their services. Within a polycentric framework, broad based taxation to achieve fiscal equivalence is a desirable principle of public finance because it conceptually allows for the provision of justice to be determined by constituent’s preferences, and increases the political accountability of service providers to constituents. However, the overproduction of justice services can readily occur (...) when the benefits of the justice system are not enjoyed equally. Paradoxically, the same properties that make fiscal equivalence desirable by imposing restraint and control between constituents and local government also create internal pressures for agents of the state to engage in predatory, revenue-generating behavior. (shrink)

"De nos jours, la justice est omniprésente dans l’espace public. Elle nous interpelle sous diverses formes?: faits divers, procès qui enflamment l’opinion publique, jugements qui affectent la vie des citoyens ou qui changent le paysage institutionnel dans lequel nous évoluons, etc. En fait, la médiatisation de la justice joue depuis longtemps un rôle essentiel dans le débat public, la régulation sociale ou le jeu politique en Occident. En une vingtaine d’études, plusieurs facettes du lien entre justice et (...) espaces publics sont explorées, de la fin du Moyen Âge jusqu’au siècle dernier, en Europe comme au Canada?: usages politiques de la justice, enjeux sociaux révélés par l’intervention judiciaire, échos médiatiques du palais et mobilisation de l’opinion publique, rôle de la presse dans les représentations du crime et des criminels, critiques du pouvoir judiciaire et des forces policières. Cet ouvrage collectif montre à quel point l’institution judiciaire a contribué à la construction de l’espace public au fil de ses transformations séculaires, combien aussi la justice ne se conçoit qu’à travers les lieux du vivre-ensemble et les différentes expressions de l’opinion publique. Le lecteur est donc convié à suivre le fil d’une vaste interrogation sur la place que la justice a historiquement occupée dans la formation de la conscience publique des sociétés occidentales." Présentation de l'éditeur. (shrink)

Islamic legal studies continues to be a productive field in combination with Middle Eastern history. Ever wider conceptions of ‘Islamic law’ and ‘law’ itself ha.

Pursuing Justice in Africa focuses on the many actors pursuing many visions of justice across the African continent--their aspirations, divergent practices, and articulations of international and vernacular idioms of justice. The essays selected by editors Jessica Johnson and George H. Karekwaivanane engage with topics at the cutting edge of contemporary scholarship across a wide range of disciplines. These include activism, land tenure, international legal institutions, and post-conflict reconciliation. Building on recent work in sociolegal studies that foregrounds (...) class='Hi'>justice over and above concepts such as human rights and legal pluralism, the contributors grapple with alternative approaches to the concept of justice and its relationships with law, morality, and rights. While the chapters are grounded in local experiences, they also attend to the ways in which national and international actors and processes influence, for better or worse, local experiences and understandings of justice. The result is a timely and original addition to scholarship on a topic of major scholarly and pragmatic interest. Contributors: Felicitas Becker, Jonathon L. Earle, Patrick Hoenig, Stacey Hynd, Fred Nyongesa Ikanda, Ngeyi Ruth Kanyongolo, Anna Macdonald, Bernadette Malunga, Alan Msosa, Benson A. Mulemi, Holly Porter, Duncan Scott, Olaf Zenker. (shrink)

Emery, Lucilius A. Concerning Justice. New Haven: Yale University Press, 1914. vii, 170 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-234-4. Cloth. $60. * This volume reprints the Storrs lectures delivered by Emery [1840-1920] at Yale University in 1914. Emery's profound knowledge of constitutional law and keen interest in philosophy and history are clearly evident here. Beginning with conceptions of justice in Antiquity and in the Judeo-Christian tradition, Emery develops a general theory of rights, and uses (...) it as a basis for his definition of justice. His other lectures deal with the securing of justice. Influenced perhaps by the outbreak of hostilities in Europe, Emery asserts that the United States has created the finest system yet for its preservation. "It is most emphatically a book which, once read, is kept on hand for a re-reading." H.W.C. Yale L.J. 24: 263 as cited in Marke, A Catalogue of the Law Collection at New York University (1953) 191. Dictionary of American Biography 144-145. (shrink)

Criticising judges : fair game or off-limits? -- Academics and judges -- Are the judges too powerful? -- Magna Carta and compensation culture -- Does judicial review undermine democracy? -- Liability of public authorities in negligence -- The shifting sands of statutory interpretation -- Time to call it a day : some reflections on finality and the law -- The globalisation of law -- Recent developments in commercial law conference -- The contribution of construction cases to the development of the (...) common law -- What is wrong with human rights? -- Human rights in an age of terrorism -- Religion and the law : some current problems -- The extraterritorial application of the European Convention on Human Rights : now on a firmer footing, but is it a sound one? -- Magna Carta--liberties, customs, and the free flow of trade -- Delay too often defeats justice -- Magna Carta and religion -- Runnymede -- Advocates as protectors of the rule of law -- Litigators--survive and thrive -- The Jackson reforms and civil justice -- Sharpening the public gaze : advances in open justice in England and Wales -- Threats to justice in the twenty-first century -- Halsey 10 years on---the decision revisited -- Arbitration versus litigation -- Arbitration after Brussels I reform -- School speech day -- How my classical education has affected my life -- Valedictory -- Changes in the law in the last 50 years. (shrink)

Crime, Justice and Human Rights is an introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Integrating human rights and criminological frameworks across a range of subject areas - from criminalization and state crime, to crime prevention and critical analyses of the operation of the police, courts and penal system - the authors highlight both the potential and the limitations of human rights in informing new directions in criminology. Featuring (...) case material from Europe, North America, Australia and beyond, this critical, multidisciplinary text supports the teaching of human rights across a wide range of criminological topics, and assists students, researchers and independent readers to incorporate human rights paradigms into their criminological analysis. (shrink)

The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.

The book reflects academically on important and relevant ethical fields from a multidimensional South African context. The book challenges conventional borders from different ethical, theological, philosophical, economic and cultural perspectives with insight and expertise and seeks to add academic-ethical value, locally and globally, with its different points of departure deeply embedded in justice. From a mainly qualitative methodological perspective, this scholarly book demonstrates that ethics requires analytical thinking and critical people who, in an existentially and emancipatory way, can help (...) make the world a more just, decent and humane place in which to live. The authors, who represent different academic and cultural backgrounds, present in their respective chapters their research systematically, intersectionally and constructivistically, based on profound theoretical analysis and reasoning. This epistemology results in an act of knowing that actively gives meaning and order to the reality to which it is responding. By doing this, they point out that people are in an ongoing process of becoming more human – allowing ourselves and our fellow human beings to flourish and to reach fuller potential through justice-based ethical reflection and action. (shrink)

The inevitable need for rationing of healthcare has apparently presented the medical profession with the dilemma of choosing the lesser of two evils. Physicians appear to be obliged to adopt either an implausible version of traditional professional ethics or an equally problematic ethics of bedside rationing. The former requires unrestricted advocacy of patients but prompts distrust, moral hazard and unfairness. The latter commits physicians to rationing at the bedside; but it is bound to introduce unfair inequalities among patients and lack (...) of political accountability towards citizens. In this paper I shall argue that this dilemma is false, since a third intermediate alternative exists. This alternative, which I term 'administrative gatekeeping', makes it possible for physicians to be involved in rationing while at the same time being genuine advocates of their patients. According to this ideal, physicians are required to follow fair rules of rationing adopted at higher organizational levels within healthcare systems. At the same time, however, they are prohibited from including considerations of cost in their clinical decisions. (shrink)

This book demonstrates that art is implicit in the process of administration of international justice. The diverse nature of recent global threats as well as an overwhelming pull towards isolationism and nationalism challenge the dominant deterrence paradigm of international governance created in the aftermath of World War II. An alternative model is to focus on cooperation, and not deterrence, as a guiding operational principle. This study focuses on the theoretical component linking justice with aesthetics as well as (...) on the practical manifestation of this connection evident, inter alia, in the rhetoric of international courts, their architectural design, and their commemorative practices expressed by the practice of symbolic reparations adopted by some of the courts. The underlying premise of the book is that international justice requires new vocabulary and new approaches, which can be derived from the study of aesthetics. It is held that exploring the aesthetical dimension of international justice contributes to the discussion on the foundations of its authority and the grounds for compliance with it. The work engages deeply with the theory of aesthetics developed by Immanuel Kant and Abinavagupta, a Kashmiri critic, philosopher and scholar writing in the early 11th century. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, International Criminal Justice, International Law and International Relations. (shrink)

In this paper, we shall use the perspectival view on justice in an attempt to accommodate the transcendent view on justice with the adversarial practice of justice. Its main idea is that, before seeing justice as administration, it has to be seen in itself. The first section of the paper discusses the meaning of justice from a phenomenological point of view, which enables us to envision justice as transcendent. The second section of the (...) paper describes the pluri-perspectivism of law and justice on the procedural level. Through a series of reflections upon the procedural aspects as they are operating in the Romanian judiciary, we show how the plurality of perspectives tends to converge and finds its resolution in the rule of law and Modern democracy. (shrink)

This new text will encourage students to develop a deeper understanding of the context and the current workings of the criminal justice system. Part One offers a clear, accessible and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment, and the developing perspective of victimology. In Part Two, the focus is on the main areas of the contemporary criminal justice system including the police, the courts and judiciary, prisons, (...) and community penalties. The active engagement of students with the material covered distinguishes this text from others in the area and makes it a real teaching resource and invaluable text. (shrink)

Professor Raymond Wacks breaks down the leading theories of justice and illustrates how present-day challenges, like terrorism and migration, affect our fundamental notions of fairness and democratic freedoms.

This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.

Papers presented at a conference held in University College, Galway, in June 1993.

In the Indian context; contributed articles.

Should Justice be blind or should she instead be capable of seeing everything, even the human heart? José M. González García examines how the iconography of Justice evolved over the course of history. Providing an overview of depictions of Justice in various ages and places, the book mainly focuses on "The Blindfold Dispute" that began to develop during Renaissance. While at first the blindfold was perceived as unjust, precisely because it denied Justice the ability to see (...) everything, it transformed just a few years later into a positive symbol of the equality of all individuals before the law. And other depictions were added: supplementary eyes, transparent blindfolds, the double face of Janus, the returns of Astraea and the "Eye of the Law". The book also analyses important historic moments in which the crisis of the Law went along with a search for new forms of representing the gaze of Justice, as reflections on the art of Dürer, Klimt and Kafka show as well as recent developments in political philosophy"--Back cover. (shrink)

This volume contains twenty-two papers dedicated to ancient and medieval representations of justice, from the Septuagint to Thomas of Aquinas. It explores over a long historical period the evolution of various aspcts of this notion, understood as an individual virtue and as an ethical ideal, but also as a political value embodied in laws, rules, and institutions. In particular, it examines how early Christian authors, relying on biblical meanings of justice, have modified the conceptual framework and socio-political practices (...) bound to this idea. To demonstrate the contribution of Christian literature, considered here from Tertullian to Fulgentius Ferrandus, notions of justice from the bible and antiquity shall be studied followed by their medieval intellectual posterity. To what extent does this tradition of thought testify to a renewal of perceptions of justice, divine as well as human, and of injustice? How has it influenced representations of justice in the medieval world, whether expressed in academic treatises or in fiction? This volume lies at the junction of classical studies, biblical and patristic studies, medieval literature and philosophy. (shrink)

This article relates to the CJEU’s understanding of the concept of the spouse in Case C-673/16 and its effect on the process of law application by Polish administrative courts. The authors considerations are based on the assumption that the CJEU’s interpretation of EU law in Coman and Others is of a dynamic-deliberative nature, based on functional rules, and that at the same it time takes into account a specific legal and socio-cultural context in which one of the fundamental freedoms guaranteed (...) by EU law is implemented. This judgment, as authors underline, confirms that a proper understanding of the current legal context of the concept of a spouse requires that the social and cultural context and the plurality of values arising from different lifestyles be taken into account in the application and interpretation of the law, all with a view to empowering the individual in his or her relationship with the State and raising the level of protection of human rights. Authors observe in the practice od Polish administrative courts that this CJEU’s judgment is important in the argumentative layer, but not decisive for the resolution of the case in specific situations where there is a need to address the effect of same-sex marriage in a case related to the implementation of the EU right to free movement. In this context authors consider whether the justification for rulings of administrative courts may be sought in John Gray’s concept of modus vivendi liberalism. (shrink)