principle of justice
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2021 ◽  
Vol 2 (3) ◽  
pp. 69
Author(s):  
Riri Syafitri ◽  
Farida Arianti

This study examines the implementation of profit sharing in cooperation to extract sap water in Jorong Koto Dalimo Nagari Agarng which is close to the Musaqah (agricultural cooperation) contract in the form of managing sap water into palm sugar. The agreed terms of profit sharing are that within seven days of sap-water extraction, six days of sap-water extraction are for the manager and one day for the sap tree owner. the agreed profit sharing is in the form of palm sugar. The problem is that there is a disproportionate pattern of profit sharing between the owner of the sap tree and the manager of the sap water, the profit sharing is more dominant to the manager. This research uses field research. The data were obtained through interviews and observations, and then the data were narrated descriptively. The result achieved is that the implementation of cooperation in extracting sap water with a profit sharing agreement of 6:1 is punished proportionally and is allowed in Islam because it has fulfilled the principle of justice in sharing the results.


2021 ◽  
pp. 343-374
Author(s):  
Alex John London

Although the principle of justice plays a peripheral role in domestic research in high-income countries, it grounds a series of requirements in international research relating to responsiveness to host community health needs, the standard of care, and assurances of post-trial access. This chapter reviews a proposal to eliminate what is seen as a cumbersome mix of requirements on international research in favor of a framework of procedures that render considerations of fairness more manageable within the confines of orthodox research ethics. This might appear to be an alternative to the approach defended in this book because it would avoid having to engage with difficult issues of justice that reach beyond the confines of the field as it is currently configured. This chapter argues that efforts to avoid substantive conceptions of justice wind up tacitly enforcing a particular conception of justice, and it is shown that the proposal to streamline the ethics of international research cannot satisfy some of the requirements that its proponents advocate.


Author(s):  
Elisabetta Poddighe

This article offers an analysis of the legal arguments that Demosthenes uses in his speech Against Meidias, concerning the punch to prove that Meidias, who had struck Demosthenes as he exercised his public functions as a choregos, is guilty of hybris, and that he (Demosthenes) deserves adequate (i.e. public) reparation for the outrage suffered. Demosthenes claims his right to a punishment (timoria) capable of repairing the collective, more than individual, damage. This claim appears to allow him, on the one hand, to legitimise, with effective legal argumentation, all the choices made in the aftermath of the episode of the punch, and on the other, to give a strong legal basis for requesting the death penalty for Meidias. The paragraphs 2-3 of the article deal with the choices Demosthenes made after the episode of the punch. Here I intend to show that Demosthenes is able to demonstrate to the judges the relevance of the procedural choices and to qualify them as ‘choices’ precisely because they were motivated and considered at length. In the following paragraphs of the article I discuss the legal argumentation that Demosthenes uses with regard to the ‘measure’ of the penalty required (the death penalty). The aim is to understand what roles the principle according to which Meidias’s hybristic conduct must be assessed from an overall view and the principle of justice as reciprocity play in this argument. The latter must take into account the merit of the epieikes Demosthenes as compared to the hybristes Meidias.


2021 ◽  
Vol 5 (S4) ◽  
pp. 2102-2111
Author(s):  
Nadia Murshida Abd Azzis

This writing examines the Syariah court’s approach in applying the principle of res judicata and estoppel in family law cases in Syariah. With the existence of the legal provisions, there are still the unclear application of res judicata and the principle of estopple in terms of hearing mal cases especially the matter involved with a monetary claim for example mut’ah cases, child maintenance, and jointly acquired property. Although this principle has been understood by the legal practitioner, the synchronization between the principle of res judicata, estopple, and court procedure is yet to be scrutinized by the Courts. Thus, a qualitative study was carried out along with library research including decided cases in this research. The content analysis method is applied in data analysis. This study indicated that in arriving at a decision, Syariah Court indirectly applied these principles. However, the implementation of these principles should be highlighted to validate the principle of justice in Syariah Courts.


2021 ◽  
Vol 15 (2) ◽  
pp. 221-232
Author(s):  
Kamarusdiana Kamarusdiana ◽  
Muhammad Ilham Fuadi ◽  
Muhammad Ishar Helmi

The inheritance of Islam becomes an interesting discussion when it is associated with the position of the heirs of men and women. Including the discussion of girls can or does not become a barrier (blocker) to other heirs become a barrier to obtaining inheritance or termed with Hajib Hirman. The purpose of this study is to find out the concept of fiqh in determining the position of girls to be a barrier to inheritance for brothers and their implementation in the decision of religious courts so that it can be read considerations and decisions of judges whether based on a sense of justice so as to equalize the position of male and female heirs. The method used in this study is library research with primary materials in the form of court decisions on inheritance cases and relevant fiqh books. The results of this study found that Ibn 'Abbas equated the position of the daughter's inheritance with that of the son so as to prevent the heir brother from obtaining the inheritance and the concept of Ibn Abbas which became the reference of judges in the Court of Religion and the Supreme Court in deciding the case based on the principle of justice.


Legal Concept ◽  
2021 ◽  
pp. 83-90
Author(s):  
Stanislav Kazachenkov ◽  

Introduction: to conduct an effective tax policy in the modern world, the state needs to rethink the development strategy in property taxation, which should be based on a system of taxation principles, in particular, the principle of efficiency (in conjunction with the principle of fairness). The novelty of the research lies in the fact that despite the theoretical research works on the subject under consideration, this area has not been sufficiently studied in the formation of a unified concept of the principle of efficiency in taxation (including property), which manifests the relevance of the work and the need for the study. The paper also considers the implementation of the principle of justice through the prism of property taxation in Rostov and Volgograd regions and examines the tools for applying the principle of justice in property taxation in law enforcement activities. Purpose: to study the statistics of tax efficiency together with the implementation of the principle of fairness in the modern tax system (through the example of property taxation in Rostov and Volgograd regions). Methods: the research is based on the method of system analysis and dialectics, synthesis, analogy, deduction, induction, the historical method, the method of unity of theory and practice, as well as special legal methods (the formal-legal method, the empirical methods of cognition and the dogmatic methods). Results: the formation of the concept of property taxation based on the principles of efficiency and fairness based on the analysis, statistical data, court decisions, and relations between the taxpayer, tax authorities, and the state due to the lack of sufficient study of the research in the scientific environment. Conclusions: the principle of equity of property taxation should take into account the peculiarities of modern legal and social realities, as well as the practical relations in taxation, together with the indicators of the effective principle of the same name by applying such principles in the theoretical and practical aspects.


Bioderecho.es ◽  
2021 ◽  
Author(s):  
Ana Belén Sánchez-García ◽  
María de la Paz Guillermo-Giménez ◽  
Josefa Muñoz-Sánchez ◽  
Cindia Gómez-Pérez ◽  
Diego J. García-Capilla ◽  
...  

La pandemia de la COVID-19 supone un reto para los profesionales de la salud desde un compromiso ético y moral hacia la individualidad del ser humano, quedó inmerso bajo dificultades y cargas extremas haciendo imposible responder a los principios de autonomía, beneficiencia, justicia, y no maleficiencia. El Ministerio de Sanidad refleja la importancia de ofrecer orientaciones éticas, una de éstas situaciones fue priorizar la asignación de recursos humanos y materiales bajo valores éticos en la toma de decisiones. El Comité de Bioética español propuso tener en cuenta el criterio de utilidad, equidad y protección para la no discriminación, priorización sobrecogedora en cuidados intensivos con la selección de pacientes con mayores posibilidades, repercutió en las residencias de mayores, la mala planificación de recursos produjo altos índices de mortandad. La vulnerabilidad patente ha promovido valores de empatía, solidaridad y compasión, ha dejado de lado emociones, intimidad y privacidad, lleva a reflexionar sobre una mayor humanización en los cuidados sanitarios. El principio de justicia, el razonamiento bioético, moral y el conocimiento científico, junto a la toma de decisiones desde el respeto al paciente durante su salud y muerte, es primordial en aras a apoyar a éstos profesionales en la toma de decisiones. The COVID-19 pandemic is a challenge for health professionals from an ethical and moral commitment to the individuality of the human being, immersed under extreme difficulties and burdens making it impossible to respond to the principles of autonomy, beneficence, justice, and non-maleficence. The Ministry of Health reflects the importance of offering ethical guidelines, one of these situations was to prioritise the allocation of human and material resources under ethical values in decision making. The Spanish Bioethics Committee proposed to take into account the criteria of usefulness, equity and protection for non-discrimination, overwhelming prioritisation in intensive care with the selection of patients with greater possibilities, had repercussions in nursing homes, poor resource planning led to high mortality rates. Overt vulnerability has promoted values of empathy, solidarity and compassion, and has put aside emotions, intimacy and privacy, leading to reflections on a greater humanisation of health care. The principle of justice, bioethical and moral reasoning and scientific knowledge, together with decision making based on respect for the patient during their health and death, is paramount in order to support these professionals in their decision making.


2021 ◽  
Vol 5 (1) ◽  
pp. 129-140
Author(s):  
Zulfa Nabillatu Rozhania ◽  
Kholil Nawawi ◽  
Syarifah Gustiawati

In Islamic economy, the market has important values, because it must have morality or ethics which is one of the responsibilities of every economic agents. Ethics in business must be realized personally which aims for every business person who trades to seek the maximum profit, in Islamic trade it is not just looking for a profit but looking for a blessing. This research explains how the application of Islamic business ethics in marketing Muslim clothing at Almeera Moslem Store Bogor and how the concept of Islamic marketing in Muslim business at Almeera Moslem Store Bogor. This research uses a descriptive qualitative approach, which means to describe some information in the field with data collection techniques used in this study in the form of interviews, and documentation.  The results of this study indicate that the application of Islamic business ethics in the marketing practice of Muslim clothing at Almeera Muslim Store Bogor has fully implemented the principles of justice, the principle of justice, the principle of free will, the principle of responsibility, and the principle of truth.  In the implementation of the marketing concept at the Almeera Moslem Store Bogor in the form of product marketing, prices, and transactions, but there is one thing, namely product satisfaction which is a problem for which there is no solution.  The general solution is to negotiate. Almeera Moslem Store Bogor is always friendly and courteous to consumers in service and marketing as has been implemented in Islamic law.  


2021 ◽  
Vol 1 (8) ◽  
pp. 110-117
Author(s):  
Yu. S. Norvartyan

The article discusses some problems of criminalization and lawmaking in the field of countering crimes involving violations of sanitary and epidemiological rules. From the point of view of the legal and technical approach, Part 1 of Article 236 of the Criminal Code of the Russian Federation contains a construction of a complex composition, which can be called «delinquent-material». In such a composition there is both a mass disease (poisoning of people) and the threat of a mass disease (poisoning of people) they are considered not as acts, but as a socially dangerous consequence. In other words, this kind of criminal-legal construction includes, firstly, the violation of the rules itself and, secondly, socially dangerous consequences in the form of mass illness or poisoning of people or creating a real threat of the onset of these consequences. At the same time, violation of sanitary and epidemiological rules without the occurrence of socially dangerous consequences or the threat of such consequences entails administrative responsibility under Articles 6.3 — 6.7 of the Administrative Code of the Russian Federation.The author notes that an act that creates a real threat to law enforcement facilities provided for in Part 1 of Article 236 of the Criminal Code of the Russian Federation has a lower degree of public danger compared to such actions (inaction) that inadvertently lead to mass illness or poisoning of people. Equalizing the limits of criminal liability for the commission of the two abovementioned torts is a violation of the principle of justice. In this regard, the author of this article proposes in Part 1 of Article 236 of the Criminal Code of the Russian Federation to establish responsibility for violation of sanitary and epidemiological rules if such violation created a threat of mass illness or poisoning of people. In turn, criminal liability for violation of sanitary and epidemiological rules, which inadvertently caused mass illness or poisoning of people, should be established in Part 2 of Article 236 of the Criminal Code of the Russian Federation, which provides for a more severe punishment.


2021 ◽  
pp. 147488512110417
Author(s):  
Stephen K McLeod ◽  
Attila Tanyi

We characterize, more precisely than before, what Rawls calls the ‘analytical’ method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e. the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas.


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