The influence of the elements of procedural justice and speed camera enforcement on young novice driver self-reported speeding

Road policing is an important tool used to modify road user behaviour. While other theories, such as deterrence theory, are significant in road policing, there may be a role for using procedural justice as a framework to improve outcomes in common police citizen interactions such as traffic law enforcement. This study, using a sample of 237 young novice drivers, considered how the four elements of procedural justice (voice, neutrality, respect and trustworthiness) were perceived in relation to two forms of speed enforcement: point-to-point (or average) speed and mobile speed cameras. Only neutrality was related to both speed camera types suggesting that it may be possible to influence behaviour by emphasising one or more elements, rather than using all components of procedural justice. This study is important as it indicates that including at least some elements of procedural justice in more automated policing encounters can encourage citizen compliance.

Reframing social justice: Tensions experienced by novice teachers in an era of high-stakes accountability

This paper focuses on specific tensions in relation to social justice and education, addressing the research question: How do early career teachers within high poverty schools reconcile their beliefs about social justice in the light of recent pressures put upon them to produce test-based outcomes for their students? The paper is underpinned by research on teacher education targeting poverty (Cochran-Smith & Zeichner, 2005) as well as critical analyses of what is now counted as equity and social justice, and how these changes are measured and re-articulated (Lingard, Sellar and Savage 2014). The theoretical positioning of the paper situates equity/social justice as mediated by a range of social, cultural and organizational contexts within high poverty schools.

Diverse bodies-space politics: Towards a critique of social (in)justice of built environment

Writing has long played an important role in the progression of architecture and the built environment. Histories of architecture are written, manifestoes that form the basis for a designer’s work are written and most importantly, the built environment advances itself through the act of critical writing. Not unlike the visual arts, literature and poetry, the tradition of written criticism has been crucial to the progression of architecture and its allied professions (Franz 2003). This article contributes to architecture and the built environment through the act of a written essay that critiques the problem of bodily diversity to architecture. In particular, the article explores the implications of body-space politics and abstracted body thinking on diverse bodies and their spatial justice. Using Soja’s Spatial Justice theory (2008), we seek to point out the underlying conceptions and power differentials assigned to different bodies spatially and how this leads to spatial injustices and contested spaces. The article also critically analyses the historical emergence of ‘the standardised body’ in architecture and its application in design theory and practice , and looks at how bodies often found on the outside of architecture highlight how such thinking creates in justices. Different theories are drawn on to help point to how design through the use of the upright, forward facing, male bod willingly and unwillingly denies access to resources and spatialities of everyday life. We also suggest ways to re-conceptualise the body in design practice and teaching.

The United Nations and juvenile justice: An overview

The purpose of this article is to provide an overview of the various United Nations instruments relevant to juvenile justice and to examine how knowledge of these can assist those interested in the protection and enhancement of young people's rights in the justice system. It is argued that whilst these instruments are variable they are valuable tools for unmasking the discriminatory and unjust treatment of young people who come into contact with the justice system.

Child sexual abuse and access to justice for civil claims: Time to reform the Limitation of Actions Act 1974 (Qld)

In 2015, Victoria passed laws removing the time limit in which a survivor of child sexual abuse can commence a civil claim for personal injury. The law applies also to physical abuse, and to psychological injury arising from those forms of abuse. In 2016, New South Wales made almost identical legal reforms. These reforms were partly motivated by the recommendations of inquiries into institutional child abuse. Of particular relevance is that the Australian Royal Commission Into Institutional Responses to Child Sexual Abuse recommended in 2015 that all States and Territories remove their time limits for civil claims. This presentation explores the problems with standard time limits when applied to child sexual abuse cases (whether occurring within or beyond institutions), the scientific, ethical and legal justifications for lifting the time limits, and solutions for future law reform.

Beyond Words : The European Court of Justice and Legal Certainty in Multilingual EU Law

This study addresses the issue of multilingualism in EU law. More specifically, it explores the implications of multilingualism for conceptualising legal certainty, a central principle of law both in domestic and EU legal systems. The main question addressed is how multilingualism and legal certainty may be reconciled in the EU legal system. The study begins with a discussion on the role of translation in drafting EU legislation and its implications for interpreting EU law at the European Court of Justice (ECJ). Uncertainty regarding the meaning of multilingual EU law and the interrelationship between multilingualism and ECJ methods of interpretation are explored. This analysis leads to questioning the importance of linguistic-semantic methods of interpretation, especially the role of comparing language versions for clarifying meaning and the ordinary meaning thesis, and to placing emphasis on other, especially the teleological, purpose-oriented method of interpretation. As regards the principle of legal certainty, the starting-point is a two-dimensional concept consisting of both formal and substantive elements; of predictability and acceptability. Formal legal certainty implies that laws and adjudication, in particular, must be predictable. Substantive legal certainty is related to rational acceptability of judicial decision-making placing emphasis on its acceptability to the legal community in question. Contrary to predictability that one might intuitively relate to linguistic-semantic methods of interpretation, the study suggests a new conception of legal certainty where purpose, telos, and other dynamic methods of interpretation are of particular significance for meaning construction in multilingual EU law. Accordingly, the importance of purposive, teleological interpretation as the standard doctrine of interpretation in a multilingual legal system is highlighted. The focus on rational, substantive acceptability results in emphasising discourse among legal actors among the EU legal community and stressing the need to give reasons in favour of proposed meaning in accordance with dynamic methods of interpretation including considerations related to purposes, aims, objectives and consequences. In this context, the role of ideal discourse situations and communicative action taking the form of interaction among the EU legal community in an ongoing dialogue especially in the preliminary ruling procedure is brought into focus. In order for this dialogue to function, it requires that the ECJ gives persuasive, convincing and acceptable reasons in justifying its decisions. This necessitates transparency, sincerity, and dialogue with the relevant audience.

Rough Justice or Zero Tolerance? - Reassessing the Nature of Copyright in Light of Collective Licensing (Part I)

Starting point in the European individualistic copyright ideology is that an individual author creates a work and controls the use of it. However, this paper argues that it is (and has always been) impossible to control the use of works after their publication. This has also been acknowledged by the legislator, who has introduced collective licensing agreements because of this impossibility. Since it is impossible to rigorously control the use of works this writing "Rough Justice or Zero Tolerance - Reassessing the Nature of Copyright in Light of Collective Licensing" examines what reality of copyright is actually about. Finding alternative (and hopefully more "true") ways to understand copyright helps us to create alternative solutions in order to solve possible problems we have as it comes e.g. to use of content in online environment. The paper makes a claim that copyright is actually about defining negotiation points for different stakeholders and that nothing in the copyright reality prevents us from defining e.g. a new negotiation point where representatives of consumers would meet representatives of right holders in order to agree on the terms of use for certain content types in online environment.

Conflits de norms de justice distributive dans les fusions entre égaux Le cas de BioM.rieux-Pierre Fabre

Les strictes fusions entre égaux constituent un phénomène très rare. Pourtant, de nombreux dirigeants communiquent sur l’aspect égalitaire des fusions et acquisitions qu’ils conçoivent. Dans cet article, les auteurs expliquent pourquoi les dirigeants <> leurs F&A en <> ; montrent en quoi le postulat égalitaire initial accroît la probabilité de conflits entre deux normes de justice distributive pourtant compl.mentaires : l’égalité et l’équité ; et illustrent leurs propos avec un cas spectaculaire : la fusion égalitaire, puis la separation des entreprises BioMérieux et Pierre Fabre. Paradoxalement, la simple formulation en termes égalitaire des F&A favorise la diffusion de sentiments d’injustice distributive, qui nuit in fine à la performance de l’opération.

Despairing Justice and the Ethics of Legal Interpretation

This study discusses legal interpretation. The question is how legal texts, for instance laws, statutes and regulations, can and do have meaning. Language makes interpretation difficult as it holds no definite meanings. When the theoretical connection between semantics and legal meaning is loosened and we realise that language cannot be a means of justifying legal decisions, the responsibility inherent in legal interpretation can be seen in full. We are thus compelled to search for ways to analyse this responsibility. The main argument of the book is that the responsibility of legal interpretation contains a responsibility towards the text that is interpreted (and through the mediation of the text also towards the legal system), but not only this. It is not simply a responsibility to read and read well, but it transcends on a broader scale. It includes responsibility for the effects of the interpretation in a particular situation and with regard to the people whose case is decided. Ultimately, it is a responsibility to do justice. These two aspects of responsibility are conceptualised here as the two dimensions of the ethics of legal interpretation: the textual and the situational. The basic conception of language presented here is provided by Ludwig Wittgenstein s later philosophy, but the argument is not committed to only one philosophical tradition. Wittgenstein can be counterpointed in interesting ways by Jacques Derrida s ideas on language and meaning. Derrida s work also functions as a contrast to hermeneutic theories. It is argued that the seed to an answer to the question of meaning lies in the inter-personal and situated activity of interpretation and communication, an idea that can be discerned in different ways in the works of Wittgenstein, Derrida and Hans-Georg Gadamer. This way the question of meaning naturally leads us to think about ethics, which is approached here through the philosophy of Emmanuel Levinas. His thinking, focusing on topics such as otherness, friendship and hospitality, provides possibilities for answering some of the questions posed in this book. However, at the same time we move inside a normativity where ethics and politics come together in many ways. The responsibility of legal interpretation is connected to the political and this has to be acknowledged lest we forget that law always implies force. But it is argued here that the political can be explored in positive terms as it does not have to mean only power or violence.

Individual notions of distributive justice and relative economic status

We present two experiments designed to investigate whether individuals’ notions of distributive justice are associated with their relative (within-society) economic status. Each participant played a specially designed four-person dictator game under one of two treatments, under one initial endowments were earned, under the other they were randomly assigned. The first experiment was conducted in Oxford, United Kingdom, the second in Cape Town, South Africa. In both locations we found that relatively well-off individuals make allocations to others that reflect those others’ initial endowments more when those endowments were earned rather than random; among relatively poor individuals this was not the case.

Territorial Integrity and Self-Determination : The Approach of the International Court of Justice in the Advisory Opinion on Kosovo

[EN] On 17 February 2008 Kosovo approved its declaration of independence from Serbia. The declaration was raised as a unilateral secession, a category which to date is widely debated by the international community, but supported in that case by a respectable number of the United Nation member states. A great many legal issues have been raised by the International Court of Justice's Advisory Opinion on Kosovo. This opinion was eagerly awaited by legal scholars due to both its possible effects and the scope of its principles outside the context of decolonization in what it could constitute of new approach to the international scenario for the twenty-first century. The ICJ stated that the declaration of independence was in accordance with international law if it was not prohibited. The answer turned on whether or not international law prohibited the declaration of independence, without ever examining whether an entity seeking secession is entitled with a positive right to secede and if so, under which circumstances. The basic issue can be summarised as whether or not we are facing a new course in the interpretation of certain classical categories of international law: the principle of territorial integrity, statehood, sovereignty, recognition, the right to external self-determination, etc. In this study we shall analyse some of the aspects arising from the Advisory Opinion of the International Court of Justice on the Accordance with international law of the unilateral declaration of independence in respect of Kosovo focusing on the territorial issue. Firstly we shall analyse the scope of the principle of territorial integrity of States and how it operates ; secondly, we shall focus on the scope of that principle in relation to the interior of the State, and ask ourselves how international law operates in relation to declarations of independence. Lastly, we shall deal with the principle of respect for territorial integrity in the specific case of Serbia with respect to Kosovo, and then end with a series of general conclusions. This study aims, definitely, to contribute to the theoretical debate on the challenges to the traditional certainties of international law in this area.

Climate change adaptation through coastal and use management: The context of environmental justice

Despite an increasing literary focus on climate change adaptation, the facilitation of this adaptation is occurring on a limited basis (Adger et al. 2007) .This limited basis is not necessarily due to inability; rather, a lack of comprehensive cost estimates of all options specifically hinders adaptation in vulnerable communities (Adger et al. 2007). Specifically the estimated cost of the climate change impact of sea-level rise is continually increasing due to both increasing rates and the resulting multiplicative impact of coastal erosion (Karl et al., 2009, Zhang et al., 2004) Based on the 2007 Intergovernmental Panel on Climate Change report, minority groups and small island nations have been identified within these vulnerable communities. Therefore the development of adaptation policies requires the engagement of these communities. State examples of sea-level rise adaptation through land use planning mechanisms such as land acquisition programs (New Jersey) and the establishment of rolling easements (Texas) are evidence that although obscured, adaptation opportunities are being acted upon (Easterling et al., 2004, Adger et al.2007). (PDF contains 4 pages)

Global movements, national grievances. Mobilizing for “real democracy” and social justice

In the ashes of political and socio-economic collapse, social movements sometimes rise like a phoenix. Little more than a year has passed since the Tunisian uprisings, the spark that ignited a series of “mobilizations of the indignant” that spread like wildfire around the world. Many observers have reported on these unprecedented global protests. They have portrayed citizens who declare feeling marginalized if not scapegoated, and who reject the increasing inequalities between rich and poor, the declining mobility of most, and the “disclassment” of many. They have shown, as well, massive protests against governments and politicians that are perceived as indifferent at best, duplicitous at worst, and in any event as blatantly closed to popular concerns. Many journalists have indeed asked what took so long for people to protest given this fatal combination. For the social scientist, however, the questions of who, why and how mobilizes are not so simple. There are specific problematics of mediation between structure, culture and individual or collective agency that need to be addressed.

Cada pena a seu tempo: o monitoramento eletrônico como sanção no Direito Penal brasileiro

A presente tese tem por objetivo central investigar a legitimidade da adoção do monitoramento eletrônico como sanção autônoma no sistema de justiça penal brasileiro. Para tanto, parte-se da perspectiva do controle social formal no contexto das sociedades tecnológicas e de riscos, no qual a prisão e o monitoramento estão inseridos, e traça-se um paralelo entre as sanções penais adotadas ao longo do desenvolvimento do Direito Penal e a evolução da sociedade. Enfocando o instituto do monitoramento eletrônico de presos, a tese aborda seu conceito, origens, espécies, evolução tecnológica, finalidades, modelos e aspectos constitucionais, tanto no Brasil, como em outros países. A partir de uma análise crítica de seu tratamento normativo, a nível federal e estadual, formulam-se proposições com o objetivo de preservar os direitos individuais dos monitorados, garantindo-se a idoneidade do sistema de monitoramento eletrônico como espécie de sanção penal, em harmonia com as finalidades preventiva e retributiva da pena, mas sem se descurar da sua potencialidade como instrumento de redução da superpopulação carcerária brasileira.

Democracia e Estado de Direito nas transições políticas: críticas aos modelos de justiça de transição e uma análise do caso brasileiro

Além dos elementos que integram a estrutura dos processos de democratização, este trabalho aborda o conjunto de medidas existentes para lidar com os problemas resultantes dos períodos de transição política, a partir da análise crítica dos modelos utilizados no curso da genealogia da justiça de transição. Na parte dedicada à crítica ao modelo de transição negociada, verificamos que, durante a segunda fase da genealogia, os estudos sobre os processos de transição adotaram como parâmetro de avaliação uma noção procedimental e elitista de democracia. Já na crítica aos modelos de primeira e terceira fases, observamos uma ênfase excessiva em um modelo retributivo de justiça de transição, que é encarado como ideal absoluto. Por fim, aplicamos as conclusões teóricas parciais a um estudo de caso, debruçando-nos sobre os mecanismos de justiça de transição manejados no Brasil.