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Journal articles on the topic 'Dilemma of justice'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Schroeder, David A., Julie E. Steel, Andria J. Woodell, and Alicia F. Bembenek. "Justice Within Social Dilemmas." Personality and Social Psychology Review 7, no. 4 (November 2003): 374–87. http://dx.doi.org/10.1207/s15327957pspr0704_09.

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The defining feature of social dilemma situations is the inherent conflict faced by those involved: should one act in his or her own individual best interest or sacrifice a measure of one's personal payoff to help maximize the joint payoff of the group as a whole? In such dilemmas, those making individualistic and defecting choices are always at a competitive advantage relative to those who choose to cooperate. One seemingly inevitable consequence of the resulting resource allocation asymmetry is that it must challenge and threaten the cooperator's sense of fairness and justice, and it is the reaction of those caught in social dilemmas to this injustice and unfairness that is the focus of this article. We examine how justice processes-distributive justice, procedural justice, restorative justice, and retributive justice operate in social dilemmas. Within this examination, we consider ideas from classic and contemporary conceptual analyses of justice to provide a broader context within which to understand social dilemmas and the roles that justice plays as people strive to ensure fair outcomes for themselves and for others. We conclude with the proposal of a 4-stage, sequential model of justice in social dilemmas that posits groups move between the types of justice concerns when unfair and unsatisfactory outcomes (e.g., inequitable resource allocations, violations of agreed-on allocation rules, intentional and egregious exploitation of the group) cause members to “recognize the necessity” for change to ensure fair and just outcomes for all.

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2

Heath, Joseph. "Intergenerational Cooperation and Distributive Justice." Canadian Journal of Philosophy 27, no. 3 (September 1997): 361–76. http://dx.doi.org/10.1080/00455091.1997.10715956.

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Kevin Sauvé has recently argued in this journal that David Gauthier's conception of ‘morals by agreement’ is inimical to the development of long-term productive investment and sustainable levels of resource exploitation. According to Sauvé, this is because society is confronted with an intergenerational interaction problem whose strategic equilibrium is suboptimal (a ‘Prisoner's Dilemma’). However, unlike the ‘contemporaneous Prisoner's Dilemma’ that Gauthier analyzes, the intergenerational version cannot be solved by an appeal to constrained maximization. As a result, Sauvé claims, Gauthier cannot effectively address the question of intergenerational justice.The portion of Sauvé's argument that concerns me is the following:Gauthier solves the contemporaneous Prisoner's Dilemma by ensuring that each person will cooperate only if all others cooperate, and indeed his conception of morality is aimed at ensuring that all individuals incur the costs as well as the benefits of social cooperation. But the contemporaneous solution cannot be applied to the Intergenerational Dilemma: if each generation will save for the next only if the previous generations have also saved, none will ever save. (170)

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3

Uitermark, Justus, and Walter Nicholls. "Planning for social justice: Strategies, dilemmas, tradeoffs." Planning Theory 16, no. 1 (August 1, 2016): 32–50. http://dx.doi.org/10.1177/1473095215599027.

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This article charts predicaments and conundrums associated with the ambition to plan for social justice. Drawing from classical theory on the roles of intellectuals, we identify what we call the “power of representation dilemma.” This dilemma arises because the credentials, knowledge, and skills of intellectuals (like urban planners) make them into powerful agents of social justice but at the same time can put them in a position of power in relation to the very communities they represent and serve. We develop a typology of various strategies for contending with this dilemma and conclude there are no clean ways to resolve the dilemma as each strategy has significant tradeoffs. We encourage a “ realpolitik of social justice,” whereby planners become cognizant that there are only imperfect strategies to engage in the politics of social justice. Recognition of their fallibility in the pursuit of noble ideals will make them more reflexive and capable of responding to the inevitability of new injustices and silencings that arise when planning for social justice.

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Graybill, Lyn S. "Peace Versus Justice?: The Dilemma of Transitional Justice in Africa." Canadian Journal of African Studies / Revue canadienne des études africaines 46, no. 2 (August 2012): 345–48. http://dx.doi.org/10.1080/00083968.2012.705609.

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5

Dragovic-Soso, Jasna. "Peace versus justice? The dilemma of transitional justice in Africa." Review of African Political Economy 38, no. 127 (March 2011): 185–86. http://dx.doi.org/10.1080/03056244.2011.556001.

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6

George, Janet. "Conceptual muddle, practical dilemma." International Social Work 42, no. 1 (January 1999): 15–26. http://dx.doi.org/10.1177/002087289904200103.

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A clear understanding of the concept of human rights is fundamental to social work that places a priority on social development as a strategy for social justice; this paper illustrates the difficulty in applying the concept by reference to the Asia-Pacific area. Social workers should take a position on human rights and social justice, weighing conceptual, cultural and political aspects. This is a prerequisite to defining feasible strategies, based on a view of the relationships between idealism and pragmatism and between universalism and relativism. For social work educators, it is a prerequisite to curriculum design for social development.

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Agerström, Jens, Kristiina Möller, and Trevor Archer. "MORAL REASONING: THE INFLUENCE OF AFFECTIVE PERSONALITY, DILEMMA CONTENT AND GENDER." Social Behavior and Personality: an international journal 34, no. 10 (January 1, 2006): 1259–76. http://dx.doi.org/10.2224/sbp.2006.34.10.1259.

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This study examined the influence of affective personality, perfectionism, gender, arousal and dilemma content on moral reasoning. 264 participants were presented with moral dilemmas to which they had to provide a solution that reflected various degrees of justice and care. The results indicated that a) affective personality had an effect on moral reasoning, b) female participants reported higher levels of care morality than did male participants, c) gender interacted with perfectionism in the production of moral standpoints, d) dilemma content exerted a strong effect on the participants' use of moral strategy. It was concluded that although moral reasoning appears to be governed primarily by the dilemma content at hand, an individual's moral solutions are influenced by gender and affective state.

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8

Coleman, Doriane Lambelet. "Individualizing Justice through Multiculturalism: The Liberals' Dilemma." Columbia Law Review 96, no. 5 (June 1996): 1093. http://dx.doi.org/10.2307/1123402.

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9

Cárdenas, Juan Camilo, Andrés Casas-Casas, and Nathalie Méndez Méndez. "The Hidden Face of Justice: Fairness, Discrimination and Distribution in Transitional Justice Processes." Peace Economics, Peace Science and Public Policy 20, no. 1 (January 1, 2014): 33–60. http://dx.doi.org/10.1515/peps-2013-0052.

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AbstractThis article contributes to the literature on the impact of transitional justice measures using behavioral evidence from experiments. We argue that there is a distributional dilemma at the heart of transitional justice programs, given that the State must allocate goods and services both to victims and excombatants. Individual and social preferences over these processes matter, given that they are likely to scale up to undermine or increase public support for transitional justice programs. We offer evidence from the Colombian case, to show what we call the hidden face of justice effect, which occurs when in the transition from war to peace distributional dilemmas arise and generate a social sanction function that creates negative incentives that can affect the achievement of reintegration of ex-combatants and jeopardizes the maintenance of peace. In order to explore the microfoundations that underlie the differences between allocations to victims and ex-combatants, we use data from field experiments and find that ex-combatants expect lower transfers from public officers and citizens and indeed receive lower transfers, if compared to the victims and the control groups included in the study, despite the fact that third-party observers have the power to punish senders when making offers seen by the third-party as unfair.

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10

Wood, Nathan, and Katy Roelich. "Substantiating Energy Justice: Creating a Space to Understand Energy Dilemmas." Sustainability 12, no. 5 (March 3, 2020): 1917. http://dx.doi.org/10.3390/su12051917.

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This paper explores the relationships between the moral philosophical foundations and strategic goals of two conceptions of energy justice: the “triumvirate conception” and the “principled approach”. We explore the extent to which the goals of these approaches align with their core aims and strategies. Having initially been developed to capture and reflect the values of activist-led environmental justice movements, we find that the triumvirate approach’s adoption of a trivalent conception of justice currently lies in tension with its overarching top-down approach. We note that the principled approach does not face the same tensions as the triumvirate conception of energy justice, but would benefit from illustrating the consequences of framing the same energy dilemma with conflicting moral theories. Aiming to ameliorate these limitations and further develop conceptions of energy justice, we outline a case study of hydro power in Hirakud, India and propose a framework which illustrates how using differing theories of justice to conceptualise the same energy dilemmas can result in substantially different normative framings and guidance. We illustrate how this framework, combined with a pluralistic appeal to moral theory, can enable both approaches to draw on a wider range of moral theory to assess energy dilemmas. This in turn provides a broader socio-political backdrop in which to view energy dilemmas. We outline how this backdrop contributes to the creation of a space in which the grievances of those who suffer in relation to energy systems can be heard and better understood.

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11

Anderson, Christina L. "Double Jeopardy: The Modern Dilemma for Juvenile Justice." University of Pennsylvania Law Review 152, no. 3 (January 2004): 1181. http://dx.doi.org/10.2307/3313016.

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12

Walsh, C. "Youth Justice And Neuroscience: A Dual-Use Dilemma." British Journal of Criminology 51, no. 1 (October 13, 2010): 21–39. http://dx.doi.org/10.1093/bjc/azq061.

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13

Koehler, Johann, and Tobias Smith. "Experimental Criminology and the Free-Rider Dilemma." British Journal of Criminology 61, no. 1 (August 20, 2020): 209–27. http://dx.doi.org/10.1093/bjc/azaa057.

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Abstract Experimental criminology promises a public good: when experiments generate findings about criminal justice interventions, everyone benefits from that knowledge. However, experimental criminology also produces a free-rider problem: when experiments test interventions on the units where problems concentrate, only the sample assumes the risk of backfire. This mismatch between who pays for criminological knowledge and who rides on it persists even after traditional critiques of experimental social science are addressed. We draw from medicine and economics to define experimental criminology’s free-rider problem and expose a dilemma. Either we distribute the costs of producing policy-actionable knowledge to the entire beneficiary population or we justify isolating the risk of experimental harm on that class of the population where ethical concerns are most acute.

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14

Holmes, Jeremy, Gwen Adshead, and Jeanette Smith. "An ethical dilemma in psychotherapy." Psychiatric Bulletin 18, no. 8 (August 1994): 466–68. http://dx.doi.org/10.1192/pb.18.8.466.

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This paper examines the ethical principles of justice and autonomy in psychotherapy. A case history is presented which illustrates how ethical dilemmas concerning the type of psychotherapy to be offered are powerfully influenced by often unconscious counter-transference feelings in the resource allocators. The question of how autonomous a psychotherapy patient can be, when unconscious motivations could be affecting rational choice, is also explored and possible answers provided.

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15

Lupton, Ruth, and Rebecca Tunstall. "Neighbourhood regeneration through mixed communities: a ‘social justice dilemma’?" Journal of Education Policy 23, no. 2 (March 2008): 105–17. http://dx.doi.org/10.1080/02680930701853013.

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16

MELHUUS, MARIT. "Pursuit of knowledge-pursuit of justice: a marxist dilemma?*." Social Anthropology 1, no. 3 (January 24, 2007): 265–75. http://dx.doi.org/10.1111/j.1469-8676.1993.tb00256.x.

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17

Wheeler, Gerald R., Rodney V. Hissong, Morgan P. Slusher, and Therese M. Macan. "Economic Sanctions in Criminal Justice: Dilemma for Human Service?" Justice System Journal 14, no. 1 (January 1990): 63–77. http://dx.doi.org/10.1080/23277556.1990.10871116.

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18

Lubina, Michał. "Set the Torturers Free: Transitional Justice and Peace vs Justice Dilemma in Burma/Myanmar." Polish Political Science Yearbook 47, no. 1 (March 31, 2018): 77–96. http://dx.doi.org/10.15804/ppsy2018106.

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19

Vinjamuri, Leslie. "The Distant Promise of a Negotiated Justice." Daedalus 146, no. 1 (January 2017): 100–112. http://dx.doi.org/10.1162/daed_a_00425.

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A basic dilemma for political transitions and peace talks, whether to hold perpetrators of mass atrocities accountable or to negotiate a deal, has once again become the source of intense political controversy. Originally seen as containing a pathbreaking and innovative solution to this problem, a peace deal designed to bring an end to the war between the government of Colombia and the FARC was instrumentalized by former President Uribe to mobilize popular support and was struck down when it was put to the public for a vote. Elsewhere, political realities have impinged on efforts to hold trials, provoking a backlash by powerful individuals determined to spoil the peace rather than sacrifice their personal freedom. But when international criminal tribunals fail to prosecute powerful spoilers, they have been condemned for their hypocrisy or charged with being selective in their pursuit of justice. One measure to address the basic accountability dilemma would be to accept transitional justice compromises that hold a reasonable prospect of delivering peace and that have a strong base of support among those individuals and communities most affected by political violence. Transitional justice strategies should be guided by a do-no-harm principle.

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20

Behizadeh, Nadia, Clarice Thomas, and Stephanie Behm Cross. "Reframing for Social Justice: The Influence of Critical Friendship Groups on Preservice Teachers’ Reflective Practice." Journal of Teacher Education 70, no. 3 (October 20, 2017): 280–96. http://dx.doi.org/10.1177/0022487117737306.

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A primary goal of teacher preparation programs should be to develop the reflective and critical problem-solving capacities of preservice teachers, especially social justice–oriented programs that prepare teachers to work in urban schools with historically underserved youth. Through an analysis of participants’ biweekly posts to discussion boards, this qualitative case study examines common dilemmas for a group of 11 racially diverse undergraduate preservice middle school teachers and descriptions of their process during Critical Friendship Group protocols. Results reveal that most dilemmas revolved around relationships with others, curriculum and instruction, and perceived deficiencies of students. However, through the process of engaging in reflective conversations supported by classroom activities, some participants reenvisioned the initial dilemma, such as reframing deficiency views as pedagogical or relationship issues. In addition, all participants articulated benefits of the Critical Friendship Group meetings in their reflections. Implications for improving supports for critical, collaborative reflection during student teaching are discussed.

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21

Cloarec, Pierre. "Social Equality and the Global Society." Journal of Moral Philosophy 14, no. 5 (November 6, 2017): 535–61. http://dx.doi.org/10.1163/17455243-46810061.

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Are democratic egalitarians bound to endorse statism? It seems so, since they insist on democratic reciprocity, and no such relation exists in the global realm. Would it not, then, be inconsistent to endorse both cosmopolitanism and democratic egalitarianism? Democratic egalitarians seemingly face a dilemma: either they accept statism, or they must explain why not. Luck egalitarianism, by contrast, seemingly grounds more straightforwardly the claim that justice is global in scope. My thesis is twofold: first, I show that democratic egalitarians can escape the dilemma, to the effect that, as such, they need be committed neither to statism nor to cosmopolitanism, and that luck egalitarians are not as shielded from the dilemma as it might seem. Second, I defend the plausibility of global social egalitarianism against both statist variants of democratic egalitarianism and luck egalitarianism, and suggest a form of division of labor between domestic and global justice.

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22

Hampson, Françoise J. "Conscience in Conflict: The Doctor’s Dilemma." Canadian Yearbook of international Law/Annuaire canadien de droit international 27 (1990): 203–25. http://dx.doi.org/10.1017/s0069005800003817.

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SommaireCet article examine la réserve faite par les États-Unis en ce qui concerne l’article 10 du Protocole II des Conventions de Genève de 1949, en vue d’éviter que les médecins militaires puissent faire appel à la déontologie médicale d’une telle façon qu’ils mettent en cause l’administration interne des forces armées américaines, y compris l’administration de la justice militaire.Le plan de l’article est le suivant: après avoir expliqué la protection donnée aux fonctions médicales par les Conventions et les Protocoles, l’auteur passe en revue les deux codes de déontologie médicale prévoyant une situation de conflit armé, et suggère qu’ils représentent le contenu reconnu couramment de la "déontologie médicale." Elle précoràse qu’un état indique son acceptation du contenu de ces codes au moyen d’une déclaration interprétative, évitant ainsi les conséquences peu souhaitables d’une réserve.Les situations dans lesquelles il pourrait y avoir un conflit entre la déontologie médicale et un ordre militaire sont examinées dans le cadre du "U.S. Uniform Code of Military Justice." La réserve américaine ne paraît pas nécessaire. Les raisons l’appuyant sont analysées, tenu compte de la décision dansU.S.v.Levy, mais sont jugées insuffisantes.Les effets fâcheux qu’aurait une réserve sont examinés, à la fois isolément et dans le cadre des autres articles traitant des principes de la déontologie médicale et de la réaction prévisible des autres états ratifiant le Protocole.La conclusion de l’auteur est que les États-Unis devraient remplacer leur réserve par une déclaration interprétative.

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23

Jurjonas, Matthew, and Lesly Aldana. "The Flyer’s dilemma and the Logger’s case for climate justice." World Development Perspectives 20 (December 2020): 100263. http://dx.doi.org/10.1016/j.wdp.2020.100263.

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24

Foraker-Thompson, Jane. "Book Review: Ethics in Crime and Justice: Dilemma and Decisions." Criminal Justice Review 15, no. 2 (September 1990): 298–99. http://dx.doi.org/10.1177/073401689001500237.

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25

Abraham, David. "Doing justice on two fronts: the liberal dilemma in immigration." Ethnic and Racial Studies 33, no. 6 (June 2010): 968–85. http://dx.doi.org/10.1080/01419870903388303.

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26

Lamichhane, Bishwa Nath. "The Concept of Law and Justice in Hamlet." Literary Studies 29, no. 01 (December 1, 2016): 8–16. http://dx.doi.org/10.3126/litstud.v29i01.39595.

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This work strives to explore the concept of law, and justice in Hamlet, one of the greatest works of Shakespeare in the seventeenth century. According to Richard Posner “Law and literature are very old fields...” (5). So, this paper attempts to examine the question of Hamlet’s legal, political, legitimacy in his thought and action. It also tries to observe whether Claudius is a legitimate or illegitimate figurehead of the then existing state of Denmark. Hamlet, the greatest work of Shakespeare in the early modern age, portrays the protagonist sandwiched between the divine laws and Christian moral values and the practicality of human laws and the expediencies of present realities. The problem with Hamlet is what he calls in his soliloquy, ‘to be or not to be’ – ambivalence and procrastination in taking action. Hamlet represents a great legal dilemma. Hamlet tries to be perfect by observing both the natural law and justice and the existing human laws of the state. Hamlet is torn between the divine will, human reason and Christian moralities prohibiting taking revenge. The paper concludes with Hamlet’s tragic end as a consequence of his vacillation between the divine will and the human law. Hamlet mirrors jurisprudential dilemma.

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27

Tham, Yukari Jessica, Takaaki Hashimoto, and Kaori Karasawa. "The positive and negative effects of justice sensitivity and justice-related emotions in the volunteer's dilemma." Personality and Individual Differences 151 (December 2019): 109501. http://dx.doi.org/10.1016/j.paid.2019.07.011.

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28

Y, Yetniwati. "PENGATURAN UPAH BERDASARKAN ATAS PRINSIP KEADILAN." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 29, no. 1 (May 31, 2017): 82. http://dx.doi.org/10.22146/jmh.16677.

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AbstractThe wage issue has always been a dilemma for workers and employers, if it did not solve that can lead disharmonis in industrial relations in Indonesia. The wage law based on principles of justice has always desired by parties. The Fairness in wages regulation will be guided by the principles of good law. The balance of interests between workers and entrepreneurs are the basis of fairness in wages regulation . Justice and legal certainty must support each other to realize an ideal of laws. AbstrakMasalah upah yang selalu menjadi dilema bagi pekerja dan pengusaha, jika tidak ditanggulangi dengan regulasi yang dapat meminimalisir dua kepentingan yang selalu berbeda akan dapat menimbulkan disharmonis dalam hubungan industrial di Indonesia. Pengaturan upah yang berlandaskan prinsip keadilan selalu diinginkan oleh semua pihak. Keadilan dalam pengaturan upah akan berpedoman pada asas-asas pengupahan yang baik. Keseimbangan kepentingan antara pekerja dengan pengusaha merupakan dasar keadilan dalam peraturan upah. Kepastian hukum dan keadilan harus saling mendukung mewujudkan hukum yang ideal.

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29

Langer, Johannes. "Peace vs. justice: the perceived and real contradictions of conflict resolution and human rights." Criterios 8, no. 1 (June 15, 2015): 165–89. http://dx.doi.org/10.21500/20115733.1867.

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The perceived dilemma between a choice of focusing on justice or peace after armed conflict continues to be an issue around the globe. Particularly the treatment of perpetrators remains a highly contentious issue, whether amnesty is a policy of impunity or is a necessary evil to get to a peace agreement in the first place. While the importance of justice is increasingly gaining grounds, cases around the globe show the difficulty to punish the perpetrators. Part of the peace versus justice debate is also affecting the fields of human rights and conflict resolution that are divided on the topic and still fail to communicate effectively between each other. Only by understanding their differences, it is possible to collaborate successfully together. Artículo de investigación científica que trabaja el tema de la justicia y la paz en el marco de un conflicto armado. Versions of this article were published on the blog of the author: http://johanneslanger.com

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30

Upadhyay, Prakash. "Climate Change as Ecological Colonialism: Dilemma of Innocent Victims." Himalayan Journal of Sociology and Anthropology 7 (April 12, 2017): 111–40. http://dx.doi.org/10.3126/hjsa.v7i0.17153.

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Climate Change is at just the once a social, cultural and an ecological issue. It is an environmental justice issue, an issue of economic and political domination, a consequence of clash between deregulated capitalism and the welfare of mankind deeply entrenched in a capitalist economic system based upon the persistent exploitation of natural resource for individual benefits. Poverty stricken peoples of least developed countries are the innocent victims of climate change. This article argues and identifies key ways that anthropological knowledge/lens can enrich and deepen contemporary understandings of climate change. From discussions allied to natural resource management practices it is construed that natural resource management practices are impacted from factors –political, economic (capitalism), domination, cultural, community and societal activities which are anthropogenic factors responsible for climate change calling for the equity and justice implications of climate change issues. As climate change is ecological colonialism at its fullest development-its critical scale-with sweeping social, cultural, economic and political implications, anthropological lens seek to respond to climate change at the local, regional, national, and global scales and are helpful in reflecting the understandings in application and seeking ways to pool resource with communities to assist them in addressing their climate change concerns. There are some other key contributions that anthropology can bring to understandings of climate change viz. awareness of cultural values and political relations that shape the production and interpretation of climate change knowledge, survival, power, ethics, morals, environmental costs and justice, militarism, war, intertwined crises of food, water, biodiversity loss and livelihood.Himalayan Journal of Sociology & Anthropology - Vol. VII (2016), Page: 111-140

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31

Punch, Maurice, Bob Hoogenboom, and Tom Williamson. "Paradigm Lost: The Dutch Dilemma." Australian & New Zealand Journal of Criminology 38, no. 2 (August 2005): 268–81. http://dx.doi.org/10.1375/acri.38.2.268.

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In the 1970s the Dutch police developed a paradigm of policing that married ideas from the United States on community-oriented policing to a strongly social and democratic role for the police in society. From the early 1990s there was a gradual shift to the right in Dutch society that was reflected in concerns about crime and safety. The paradigm came under scrutiny. Then Dutch officers began to visit New York in considerable numbers and returned with ideas on ‘zero tolerance’. This ‘tough’ approach to crime reduction appears to conflict with Dutch ‘tolerance’ in criminal justice. The paper argues that there is reluctance to abandon that original paradigm, ambivalence about the new concepts from abroad but, above all, an inability to develop a new, comprehensive paradigm. This may well be true elsewhere and we assume that modern policing needs to be based on a well-thought paradigm on the police role in society.

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32

Collins, John. "Between Acceleration and Occupation: Palestine and the Struggle for Global Justice." Studies in Social Justice 4, no. 2 (December 15, 2010): 199–215. http://dx.doi.org/10.26522/ssj.v4i2.1002.

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This article explores the contemporary politics of global violence through an examination of the particular challenges and possibilities facing Palestinians who seek to defend their communities against an ongoing settler-colonial project (Zionism) that is approaching a crisis point. As the colonial dynamic in Israel/Palestine returns to its most elemental level – land, trees, homes – it also continues to be a laboratory for new forms of accelerated violence whose global impact is hard to overestimate. In such a context, Palestinians and international solidarity activists find themselves confronting a quintessential 21st century activist dilemma: how to craft a strategy of what Paul Virilio calls “popular defense” at a time when everyone seems to be implicated in the machinery of global violence? I argue that while this dilemma represents a formidable challenge for Palestinians, it also helps explain why the Palestinian struggle is increasingly able to build bridges with wider struggles for global justice, ecological sustainability, and indigenous rights.

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Freedman, Alfred M., and Abraham L. Halpern. "The Psychiatrist's Dilemma: A Conflict of Roles in legal Executions." Australian & New Zealand Journal of Psychiatry 33, no. 5 (October 1999): 629–35. http://dx.doi.org/10.1080/j.1440-1614.1999.00625.x.

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In the United States, a critical controversy is taking place in regard to psychiatrists' and other physicians' participation in legal executions. Under pressure from the criminal justice system and legislatures to expedite executions, some forensic psychiatrists have succeeded in loosening traditional prohibitions against such participation. Further, there has been a weakening of the prohibition against treatment designed to facilitate immediate execution of those condemned to death. The rationale offered for these departures from current psychiatric ethical codes is the novel notion that when a psychiatrist acts in the court or criminal justice situation, that individual is no longer a psychiatrist and is not bound by psychiatric ethics. Rather, the forensic psychiatrist, termed a ‘forensicist’, serves as an assistant in the ‘administration of justice’ or ‘an agent of the State’ and thus works in a different ethical framework from the ordinary psychiatrist. This justification has similarities to the rationale offered by physicians involved in human experiments and other criminal acts in Nazi Germany, as well as psychiatrists in the former Soviet Union who explained their involvement in psychiatric abuse as a result of being agents of the State and thus not responsible for carrying out orders. Clearly, this controversy could be eliminated by a campaign for the abolition of capital punishment, characterised by the American Psychiatric Association as ‘anachronistic, brutalizing [and] ineffective’. Such a campaign should serve as a call for psychiatrists and other physicians to join in the struggle to uphold ethical and moral principles.

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Mathews, Freya. "Environmental struggles in Aboriginal homelands: Indigenizing conservation in Australia." Journal of Human Rights and the Environment 12, no. 1 (March 31, 2021): 51–68. http://dx.doi.org/10.4337/jhre.2021.01.03.

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Many large remaining areas of high conservation value currently lie within Indigenous homelands. The attempts of conservationists to protect such areas from industrial development sometimes come into conflict with the contrary wish of Indigenous populations to benefit from such development. How, in such cases, can the claims of Earth communities to ecological justice be reconciled with those of Traditional Owner communities to Indigenous justice? The dilemma is here examined via a case study, that of a proposed natural gas installation at James Price Point in the far north of Western Australia. It is argued that resolution of the dilemma may require a significant re-visioning of conservation: environmentalists might need to concede to Aboriginal communities the moral ownership of conservation per se, at least in so far as it applies to Aboriginal homelands, and perhaps more widely.

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Hays, R. Allen. "The Sex Offender Housing Dilemma: Community Activism, Safety, and Social Justice." Contemporary Sociology: A Journal of Reviews 48, no. 5 (September 2019): 589–91. http://dx.doi.org/10.1177/0094306119867060rr.

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Lacey, N. "Political Systems and Criminal Justice: The Prisoners' Dilemma After the Coalition." Current Legal Problems 65, no. 1 (January 1, 2012): 203–39. http://dx.doi.org/10.1093/clp/cus002.

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Jeffery, Renée. "The forgiveness dilemma: emotions and justice at the Khmer Rouge tribunal." Australian Journal of International Affairs 69, no. 1 (July 23, 2014): 35–52. http://dx.doi.org/10.1080/10357718.2014.939140.

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Ensign, Prescott C., and Jonathan Fast. "Death Drugs - A Compounding Pharmacist’s Dilemma." Journal of Business Ethics Education 16 (2019): 247–65. http://dx.doi.org/10.5840/jbee20191614.

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Dr. Garrett Johnson received a call from the Texas Department of Criminal Justice asking if he would be interested in filling prescriptions for pentobarbital. Suddenly he faced a controversial issue - providing a drug used for the lethal injection of convicted criminals. Apparently big pharma was discontinuing the manufacture and sale of drugs used for human executions - primarily due to mounting pressure from death penalty activists and shareholders, legal appeals by inmates, media reports of botched lethal injections, etc. Texas saw the solution by using small local compounding pharmacies that were less visible to the public. Should Garrett fill this lucrative order knowing how the State would use the drugs? The case presents the ethical and strategic issues that Garrett faces - having just graduated and started his own compounding pharmacy - in making this decision.

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Xu, Chun-Yi, and Chun-Ming Yuan. "The ethical dilemma of placebo use in clinical practice." Frontiers of Nursing 7, no. 3 (October 2, 2020): 203–8. http://dx.doi.org/10.2478/fon-2020-0033.

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AbstractThe clinical use of placebo that involves some ethical issues has led to much controversy. From the standpoint of both supporters and opponents, this article discusses this topic from three ethical principles such as beneficence, justice, and autonomy and also gives the recommendations. Finally, the moral dilemma caused by the different views between nurses and doctors in clinical practice is discussed.

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Weinrib, Ernest J. "Liberty, Community, and Corrective Justice." Canadian Journal of Law & Jurisprudence 1, no. 1 (January 1988): 3–17. http://dx.doi.org/10.1017/s0841820900000576.

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In a well-known article, Duncan Kennedy has stated that the central problem for law is its treatment of the fundamental contradiction of our condition. On the one hand we are dependent on others for protection against destruction and for the fullest realization of our sense of ourselves; on the other hand we recognize in others a threat to our own well-being. Kennedy regarded the dilemma “that relations with others are both necessary to and incompatible with our freedom” as the essence of every legal problem, and he ascribed to the liberal conception of law the historical function of dressing up as rational or natural the structures of bondage that emerged as its particular resolutions. Kennedy’s contradiction invokes the recurrent tension between the notions of liberty and community that supply traditional vantage points for the analysis of social and political relations. The reconciliation of these notions poses an enduring philosophical problem, and one need not agree with Kennedy’s unflattering assessment of the law’s function to realize that it is a problem in which law too has been centrally implicated.

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Demirović, Alex. "Gesellschaftskritik und Gerechtigkeit." PROKLA. Zeitschrift für kritische Sozialwissenschaft 47, no. 188 (September 1, 2017): 389–410. http://dx.doi.org/10.32387/prokla.v47i188.68.

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Political parties and social movements activists refere to the notion of justice as founding principle of critism. Demirovi? argues that the norm of justice is not able to motivate criticism and action. The norm of justice plays an important role in professional moral philosophy as is the case in the approaches of Martha Nussbaum or John Rawls. The offer arguments for their claims to give people and states a moral perspective. But the claim of universality that is inherent in moral discourses, always fail. The implication is that people who expect moral philosophy to be an advising knowledge become disappointed and perplexed. This is confirmed by the outcome of empirical research on justice among workers. To explain the dilemma of justice – claiming for universality and being particularistic and part of historical state form – the article takes up arguments developed by Marx and Horkheimer on justice as an ideological form.

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VON DER DUNK, HERMANN W. "German historians and the crucial dilemma." European Review 14, no. 3 (June 8, 2006): 373–84. http://dx.doi.org/10.1017/s106279870600038x.

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Post-war German historiography is an interesting example of changing norms and the problem of satisfying a balance between explanation and (moral) judgement. Whereas national historians of Imperial Germany could feel in harmony with History, defeat and the peace of Versailles destroyed the belief in historical justice, so the bulk of the craft sympathized with Hitler's policy, although not always with his methods. The fall of the Third Reich and the revelation of its crimes caused a deep crisis of historical consciousness and attempts to deny or belittle personal responsibility and cooperation. After the 1960s however, a generation took over who could internalize the democratic norms and, through that, closed the gap between German and Western historiography. With the next generation after the reunification, critical revisionism of the national past even increased in so far as it included the first wave of post-war historiography with its apologetic tendencies. Historiography so became a striking example of a thorough national metamorphosis.

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RÄIKKÄ, JUHA. "Political Reforms, People’s Expectations, and Justice." WISDOM 1, no. 1 (December 1, 2013): 118. http://dx.doi.org/10.24234/wisdom.v1i1.24.

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The topic of the present paper derives from Henry Sidgwick (1838-1900), and is sometimes labeled as the “paradox of conservative justice”. In The Methods of Ethics (1st edition, 1874) Sidgwick asks whether political reforms that have a morally desirable goal could justifiably be rejected simply on the grounds that realizing them would spoil the life plans of those who believe that the future would be like the past. The paradox is that “ideal justice” demands us to make reforms but “conservative justice” requires respecting people’s reasonable expectations, although making reforms seems to imply that those expectations will not be respected. The question seems to be about a moral dilemma. The government has an obligation to improve society and correct existing injustices, but surely it has also an obligation not to disappoint people’s natural expectations, partly created by the government itself. When the circumstances are such that correcting injustices happens to disappoint people’s reasonable expectations, the government simply cannot comply with both of its obligations.

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BARRY, BRIAN. "David Hume as a Social Theorist." Utilitas 22, no. 4 (November 2, 2010): 369–92. http://dx.doi.org/10.1017/s0953820810000300.

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This article examines Russell Hardin's interpretation of Hume's argument that great social order depends on coordination convention. The main argument shows that despite an apparent move in that direction Hume's main argument is that justice and the other convention-based virtues rest on a cooperative convention which solves a prisoner's dilemma problem and that states are required when a society exceeds some small size because only states can solve the large number prisoner's dilemma problems that constitute the ‘problem of social order’. In this Hume's argument is indebted to the original form of this argument found in Hobbes's Leviathan.

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Wasmuth, Ellisif. "Why Socrates’ Legs Didn’t Run Off to Megara." Phronesis 65, no. 4 (November 6, 2020): 380–413. http://dx.doi.org/10.1163/15685284-bja10011.

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Abstract I argue that the arguments presented in Socrates’ dialogue with the personified Laws of the Crito are arguments Socrates endorses and relies upon when deciding to remain in prison. They do not, however, entail blind obedience to every court verdict, nor do they provide necessary and sufficient conditions for resolving every dilemma of civil disobedience. Indeed, lacking definitional knowledge of justice, we should not expect Socrates to be able to offer such conditions. Instead, the Laws present an argument that is sufficient for resolving Socrates’ specific dilemma, showing us how Socrates can deliberate and act despite his lack of knowledge.

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STEENSMA, HERMAN, and COBY DORELEIJERS. "PERSONNEL SELECTION: SITUATIONAL TEST OR EMPLOYMENT INTERVIEW? THE VALIDITY VERSUS JUSTICE DILEMMA." Journal of Individual Employment Rights 10, no. 3 (March 1, 2002): 215–32. http://dx.doi.org/10.2190/9yw7-f1j8-fe4l-ahkr.

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Misgav, Chen. "Planning, Justice and LGBT Urban Politics in Tel-Aviv: A Queer Dilemma." Documents d'Anàlisi Geogràfica 65, no. 3 (September 30, 2019): 541. http://dx.doi.org/10.5565/rev/dag.580.

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Wilke, Henk A. M., Karst L. Boer, and Wim B. G. Liebrand. "Standards of justice and quality of power in a social dilemma situation." British Journal of Social Psychology 25, no. 1 (February 1986): 57–65. http://dx.doi.org/10.1111/j.2044-8309.1986.tb00702.x.

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Msila, Vuyisile. "Rethinking Babylon:The Language Dilemma and the Search for Social Justice in Africa." English Academy Review 36, no. 1 (January 2, 2019): 100–112. http://dx.doi.org/10.1080/10131752.2019.1587829.

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Drabarz, Anna K., Tomasz Kałużny, and Stephen Terrett. "Language as an Instrument for Dispute Resolution in Modern Justice." Studies in Logic, Grammar and Rhetoric 52, no. 1 (December 1, 2017): 41–56. http://dx.doi.org/10.1515/slgr-2017-0041.

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Abstract The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.

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