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"Natural justice"
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Conservation : integrating social and ecological justice
\"This book takes as its point of departure today's pressing environmental challenges, particularly the loss of biodiversity, and the role of communities in protected areas conservation. In its chapters, the authors discuss areas of tension between local livelihoods and international conservation efforts, between local communities and wildlife, and finally between traditional ways of living and 'modernity'. The central premise of this book is while these tensions cannot be easily resolved they can be better understood by considering both social and ecological effects, in equal measure. While environmental problems cannot be seen as purely ecological because they always involve people, who bring to the environmental table their different assumptions about nature and culture, so are social problems connected to environmental constraints.\"--Excerpt from page 4 of cover.
Book
A limited case for the closed material procedure: natural justice, open justice and the clear advantage variation
The closed material procedure (CMP) – ever since its introduction to English law – has been subjected to a very significant amount of academic criticism. But over time, the CMP has become increasingly settled as a fixture in English law. Whilst the existence of the CMP per se in English law seems settled, the extent of its deployment is not. Given this development, it seems important and constructive to examine whether – and the conditions under which – a CMP can ever be normatively justified, all things considered. Two propositions will be made. First, a common argument for the CMP – the maximising argument – does not demonstrate that the CMP is normatively justified, all things considered, for it does not sufficiently mitigate the two main objections to the CMP, based respectively on the principles of natural justice and open justice. Secondly, where the clear advantage variation is deployed – ie when a CMP allows the excluded party to make use of material that: (a) clearly advantages him; and (b) would otherwise be unavailable for the court's consideration – both objections are sufficiently mitigated. In such a case, the CMP is normatively justified, all things considered. This constitutes a limited normative case for the CMP.
Journal Article
Love the Earth
Encourages the reader to join in an imaginary journey aboard a magical plane, the White Feather Flier, to help clean the plastic out of the ocean, build a school for girls, and create a sanctuary for gray whales.
Book
Sentencing Inconsistencies in Terrorism Cases in Indonesia: Issues of Enforcement and Fairness
This article examines the mechanisms for prosecuting and sentencing prisoners convicted of terrorism offences in Indonesia, using case studies to illustrate inconsistencies and discrepancies in legal processes. It begins by briefly outlining the legal processes for criminal sentencing and the realities of sentencing practices in the Indonesian context. Data on arrests, sentencing, and executions of terrorism suspects in the period 2003-2015 are analysed, revealing that over ninety percent of Indonesia’s convicted terrorists were sentenced to ten years or less in prison, with only a small percentage receiving longer sentences or the death penalty. The article argues that while sentencing of terrorists is overwhelmingly lenient, the lack of sentencing guidelines, an emphasis on judicial discretion, absence of the doctrine of precedent, lack of access to previous decisions of lower courts, and opacity of sentencing outcomes in reported decisions all contribute to inconsistency in judicial reasoning and sentencing, ultimately denying natural justice to individuals who come before the courts. The second part of the article examines individual cases which illustrate particular aspects of terrorism sentencing, such as excessive lenience or harshness, inaccurate or opaque indictments/judgements, and the treatment of women and child terrorism offenders.
Journal Article
Three Different Currents of Thought to Conceive Justice: Legal, and Medical Ethics Reflections
The meaning of justice can be defined according to a juridical, human, theological, ethical, biomedical, or social perspective. It should guarantee the protection of life and health, personal, civil, political, economic, and religious rights, as well as non-discrimination, inclusion, protection, and access to care. In this review, we deal with three theoretical concepts that define justice in all its aspects. (1) The utilitarian theory, which justifies moral statements on the basis of the evaluation of the consequences that an action produces, elaborating a pragmatic model of medical science. (2) The libertarian theory, which considers freedom as the highest political aim, thus absolutizing the rights of the individual; here, the principle of self-determination, with respect to which the principle of permission/consent is the fundamental presupposition, plays a central role in the definition of the person. (3) The iusnaturalist theory, in which man’s moral freedom is identified with the ability to act by choosing what the intellect indicates to him as good; the natural moral law that drives every conscience to do good is therefore realized in respect for the person in the fullness of his rights. In conclusion, different forms and conceptions of justice correspond to different organizations of society and different ways of addressing ethical issues in the biomedical domain.
Journal Article
The Concept of Justice in Islam According to Majid Khadduri
This paper aims to describe the concept of justice in Islam according to Majid Khadduri, a Muslim scholar in the modern era. In Islamic theology, for example, justice is not only related to aspects of humanity but also divinity. In the secular sciences, justice is widely discussed in terms of substance and procedure. Likewise, in the discourse of Islamic theology, the value in question tends only to divinity, meaning that the measure of good value is God or the texts of the holy book. However, for Majid Khadduri, these values are not only related to humanity but at the same time they must be close to what God wants and religion in general. The synthesis of the two views above seems to be united in the concept of Khadduri. Therefore, the problem in this paper is how the construction of justice according to Majid Khadduri and its implications for the formulation of justice in the context of religious humanity. The results of the study show that human actions are judged fairly if they are based on correct norms and carried out with good procedures. In addition, with the development of social problems in society, such as injustice, it is also important to formulate the concept of justice which truly is a concept that can provide and be useful in solving this sense of injustice. This article will contribute and can be used as an approach in creating the spirit of changing, enlightening in Muslim society.
Journal Article
Why Equity Follows the Law
Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a model of equity in practical reasoning and civic discourse more broadly. Research method: jurisprudence.
Journal Article