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.

Generalized distributive law for ML decoding of STBCs

The Generalized Distributive Law (GDL) is a message passing algorithm which can efficiently solve a certain class of computational problems, and includes as special cases the Viterbi's algorithm, the BCJR algorithm, the Fast-Fourier Transform, Turbo and LDPC decoding algorithms. In this paper GDL based maximum-likelihood (ML) decoding of Space-Time Block Codes (STBCs) is introduced and a sufficient condition for an STBC to admit low GDL decoding complexity is given. Fast-decoding and multigroup decoding are the two algorithms used in the literature to ML decode STBCs with low complexity. An algorithm which exploits the advantages of both these two is called Conditional ML (CML) decoding. It is shown in this paper that the GDL decoding complexity of any STBC is upper bounded by its CML decoding complexity, and that there exist codes for which the GDL complexity is strictly less than the CML complexity. Explicit examples of two such families of STBCs is given in this paper. Thus the CML is in general suboptimal in reducing the ML decoding complexity of a code, and one should design codes with low GDL complexity rather than low CML complexity.

Generalized distributive law for ML decoding of space-time block codes

The problem of designing good space-time block codes (STBCs) with low maximum-likelihood (ML) decoding complexity has gathered much attention in the literature. All the known low ML decoding complexity techniques utilize the same approach of exploiting either the multigroup decodable or the fast-decodable (conditionally multigroup decodable) structure of a code. We refer to this well-known technique of decoding STBCs as conditional ML (CML) decoding. In this paper, we introduce a new framework to construct ML decoders for STBCs based on the generalized distributive law (GDL) and the factor-graph-based sum-product algorithm. We say that an STBC is fast GDL decodable if the order of GDL decoding complexity of the code, with respect to the constellation size, is strictly less than M-lambda, where lambda is the number of independent symbols in the STBC. We give sufficient conditions for an STBC to admit fast GDL decoding, and show that both multigroup and conditionally multigroup decodable codes are fast GDL decodable. For any STBC, whether fast GDL decodable or not, we show that the GDL decoding complexity is strictly less than the CML decoding complexity. For instance, for any STBC obtained from cyclic division algebras which is not multigroup or conditionally multigroup decodable, the GDL decoder provides about 12 times reduction in complexity compared to the CML decoder. Similarly, for the Golden code, which is conditionally multigroup decodable, the GDL decoder is only half as complex as the CML decoder.

Generalized distributive law for ML decoding of STBCs: further results

The problem of designing good Space-Time Block Codes (STBCs) with low maximum-likelihood (ML) decoding complexity has gathered much attention in the literature. All the known low ML decoding complexity techniques utilize the same approach of exploiting either the multigroup decodable or the fast-decodable (conditionally multigroup decodable) structure of a code. We refer to this well known technique of decoding STBCs as Conditional ML (CML) decoding. In [1], we introduced a framework to construct ML decoders for STBCs based on the Generalized Distributive Law (GDL) and the Factor-graph based Sum-Product Algorithm, and showed that for two specific families of STBCs, the Toepltiz codes and the Overlapped Alamouti Codes (OACs), the GDL based ML decoders have strictly less complexity than the CML decoders. In this paper, we introduce a `traceback' step to the GDL decoding algorithm of STBCs, which enables roughly 4 times reduction in the complexity of the GDL decoders proposed in [1]. Utilizing this complexity reduction from `traceback', we then show that for any STBC (not just the Toeplitz and Overlapped Alamouti Codes), the GDL decoding complexity is strictly less than the CML decoding complexity. For instance, for any STBC obtained from Cyclic Division Algebras that is not multigroup or conditionally multigroup decodable, the GDL decoder provides approximately 12 times reduction in complexity compared to the CML decoder. Similarly, for the Golden code, which is conditionally multigroup decodable, the GDL decoder is only about half as complex as the CML decoder.

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.

西藏高原护士工作倦怠特点及组织干预

Studies on job burnout have drawn more and more attentions for clinical nurses, however, investigations on specific nurse sample, those working in the Tibet Plateau, are few. In this study, we evaluated the job burnout of the nurses working in the Tibet Plateau and investigated the influence of organization intervention on the job burnout of nurses. The questionnaires applied in this study included MBI-General Survey and Distributive，Procedural and interactive Justice . The results were as follows, First, certain degree of job burnout undoubtedly exists in the nurse sample working in the Tibet Plateau, although it was not serious in general. The factors, such as age, being soldier or not , weekly working hours and the professional titles, had significant influence on the levels of job burnout in the nurse sample of this study; Secondly, emotional exhaustion was at a higher level for the nurses working in the Tibet Plateau,a high altitude area than in those working in the low altitude area, while it was easier for nurses in the low altitude area to achieve personal accomplishment; Thirdly, a correlation was observed in the organizational justice and job burnout. Organization intervention can alleviate or prevent from the feelings of job burnout by improving the organization justice; Finally, taken together, we thus suggest that prevention is the most effective measure to prevent the onset of job burnout, and an improvement in the social organization and personal skills and attitudes simultaneously are much appreciated.

Truth Recovery and Justice after Conflict: Managing Violent Pasts

Breen Smyth, M. (2007). Truth Recovery and Justice after Conflict: Managing Violent Pasts. Abingdon: Routledge. RAE2008

Towards a new model of criminal justice system in the era of globalised criminality: the biggest challenges for criminal process legislation

The main objective of this thesis is the critical analysis of the evolution of the criminal justice systems throughout the past decade, with special attention to the fight against transnational terrorism. It is evident – for any observer - that such threats and the associated risk that terrorism entails, has changed significantly throughout the past decade. This perception has generated answers – many times radical ones – by States, as they have committed themselves to warrant the safety of their populations and to ease a growing sentiment of social panic. This thesis seeks to analyse the characteristics of this new threat and the responses that States have developed in the fight against terrorism since 9/11, which have questioned some of the essential principles and values in place in their own legal systems. In such sense, freedom and security are placed into perspective throughout the analysis of the specific antiterrorist legal reforms of five different States: Israel, Portugal, Spain, the United Kingdom and the United States of America. On the other hand, in light of those antiterrorist reforms, it will be questioned if it is possible to speak of the emergence of a new system of criminal justice (and of a process of a convergence between common law and civil law systems), built upon a control and preventive security framework, significantly different from traditional models. Finally, this research project has the fundamental objective to contribute to a better understanding on the economic, social and civilization costs of those legal reforms regarding human rights, the rule of law and democracy in modern States.

The environmental justice dimensions of climate change

Nations around the world are considering strategies to mitigate the severe impacts of climate change predicted to occur in the twenty-first century. Many countries, however, lack the wealth, technology, and government institutions to effectively cope with climate change. This study investigates the varying degrees to which developing and developed nations will be exposed to changes in three key variables: temperature, precipitation, and runoff. We use Geographic Information Systems (GIS) analysis to compare current and future climate model predictions on a country level. We then compare our calculations of climate change exposure for each nation to several metrics of political and economic well-being. Our results indicate that the impacts of changes in precipitation and runoff are distributed relatively equally between developed and developing nations. In contrast, we confirm research suggesting that developing nations will be affected far more severely by changes in temperature than developed nations. Our results also suggest that this unequal impact will persist throughout the twenty-first century. Our analysis further indicates that the most significant temperature changes will occur in politically unstable countries, creating an additional motivation for developed countries to actively engage with developing nations on climate mitigation strategies. © 2011, Mary Ann Liebert, Inc.

The Justice Gap in Global Forest Governance

Claims of injustice in global forest governance are prolific: assertions of colonization, marginalization and disenfranchisement of forest-dependent people, and privatization of common resources are some of the most severe allegations of injustice resulting from globally-driven forest conservation initiatives. At its core, the debate over the future of the world's forests is fraught with ethical concerns. Policy makers are not only deciding how forests should be governed, but also who will be winners, losers, and who should have a voice in the decision-making processes. For 30 years, policy makers have sought to redress the concerns of the world's 1.6 billion forest-dependent poor by introducing rights-based and participatory approaches to conservation. Despite these efforts, however, claims of injustice persist. This research examines possible explanations for continued claims of injustice by asking: What are the barriers to delivering justice to forest-dependent communities? Using data collected through surveys, interviews, and collaborative event ethnography in Laos and at the Tenth Conference of Parties to the Convention on Biological Diversity, this dissertation examines the pursuit of justice in global forest governance across multiple scales of governance. The findings reveal that particular conceptualizations of justice have become a central part of the metanormative fabric of global environmental governance, inhibiting institutional evolution and therewith perpetuating the justice gap in global forest governance.

Revising Justice: Punitory Thought and Action in the Work of Atwood, Jordan, and Oates

*Designated as an exemplary master's project for 2015-16*

[Book review] Complex Cases: Perspectives on the Netherlands Criminal Justice System

Review of: Complex Cases: Perspectives on the Netherlands Criminal Justice System. (Eds.) M. Malsch & J.F. Nijboer. Thela Thesis Publishers (2000)