HISTORY OF LAW AND JUSTICE CONFERENCE

Previously Published Papers on "History of Law and Justice Conference"

• Gender Justice and Feminist Self-Management Practices in the Solidarity Economy: A Quantitative Analysis of the Factors that Impact Enterprises Formed by Women in Brazil

  Authors: Maria de Nazaré Moraes Soares, Silvia Maria Dias Pedro Rebouças, José Carlos Lázaro, Keywords: Feminist management practices, gender justice, self-management, solidarity economy. DOI:10.5281/zenodo. Abstract: The Solidarity Economy (SE) acts in the re-articulation of the economic field to the other spheres of social action. The significant participation of women in SE resulted in the formation of a national network of self-managed enterprises in Brazil: The Solidarity and Feminist Economy Network (SFEN). The objective of the research is to identify factors of gender justice and feminist self-management practices that adhere to the reality of women in SE enterprises. The conceptual apparatus related to feminist studies in this research covers Nancy Fraser approaches on gender justice, and Patricia Yancey Martin approaches on feminist management practices, and authors of postcolonial feminism such as Mohanty and Maria Lugones, who lead the discussion to peripheral contexts, a necessary perspective when observing the women’s movement in SE. The research has a quantitative nature in the phases of data collection and analysis. The data collection was performed through two data sources: the database mapped in Brazil in 2010-2013 by the National Information System in Solidary Economy and 150 questionnaires with women from 16 enterprises in SFEN, in a state of Brazilian northeast. The data were analyzed using the multivariate statistical technique of Factor Analysis. The results show that the factors that define gender justice and feminist self-management practices in SE are interrelated in several levels, proving statistically the intersectional condition of the issue of women. The evidence from the quantitative analysis allowed us to understand the dimensions of gender justice and feminist management practices intersectionality; in this sense, the non-distribution of domestic work interferes in non-representation of women in public spaces, especially in peripheral contexts. The study contributes with important reflections to the studies of this area and can be complemented in the future with a qualitative research that approaches the perspective of women in the context of the SE self-management paradigm.

• The Relationship between the Feeling of Distributive Justice and National Identity of the Youth

  Authors: Leila Batmany, Keywords: Distributive justice, national identity, legitimacy of political system, Cochran formula, multistage cluster sampling. DOI:10.5281/zenodo. Abstract: This research studies the relationship between the feeling of distributive justice and national identity of the youth. The present analysis intends to experimentally investigate the various dimensions of the justice feeling and its effect on the national identity components. The study has taken justice into consideration from four different points of view on the basis of availability of valuable social sources such as power, wealth, knowledge and status in the political, economic, and cultural and status justice respectively. Furthermore, the national identity has been considered as the feeling of honour, attachment and commitment towards national society and its seven components i.e. history, language, culture, political system, religion, geographical territory and society. The 'field study' has been used as the method for the research with the individual as unit, taking 368 young between the age of 18 and 29 living in Tehran, chosen randomly according to Cochran formula. The individual samples have been randomly chosen among five districts in north, south, west, east, and centre of Tehran, based on the multistage cluster sampling. The data collection has been performed with the use of questionnaire and interview. The most important results are as follows: i) The feeling of economic justice is the weakest one among the youth. ii) The strongest and the weakest dimensions of the national identity are, respectively, the historical and the social dimension. iii) There is a positive and meaningful relationship between the feeling political and statues justice and then national identity, whereas no meaningful relationship exists between the economic and cultural justice and the national identity. iv) There is a positive and meaningful relationship between the feeling of justice in all dimensions and legitimacy of the political system. There is also such a relationship between the legitimacy of the political system and national identity. v) Generally, there is a positive and meaningful relationship between the feeling of distributive justice and national identity among the youth. vi) It is through the legitimacy of the political system that justice feeling can have an influence on the national identity.

• Absent Theaters: A Virtual Reconstruction from Memories

  Authors: P. Castillo Muñoz, A. Lara Ramírez, Keywords: Culture, heritage, oral history, theaters, virtual reality. DOI:10.5281/zenodo. Abstract: Absent Theaters is a project that virtually reconstructs three theaters that existed in the twentieth century, demolished in the city of Medellin, Colombia: Circo España, Bolívar, and Junín. Virtual reconstruction is used as an excuse to talk with those who lived in their childhood and youth cultural spaces that formed a whole generation. Around 100 people who witnessed these theaters were interviewed. The means used to perform the oral history work was the virtual reconstruction of the interior of the theaters that were presented to the interviewees through the Virtual Reality glasses. The voices of people between 60 and 103 years old were used to generate a transmission of knowledge to the new generations about the importance of theaters as essential places for the city, as spaces generating social relations and knowledge of other cultures. Oral stories about events, the historical and social context of the city, were mixed with archive images and animations of the architectural transformations of these places. Oral stories about events, the historical and social context of the city, were mixed with archive images and animations of the architectural transformations of these places, with the purpose of compiling a collective discourse around cultural activities, heritage, and memory of Medellin.

• Changes in Student Definition of De-Escalation in Professional Peace Officer Education

  Authors: Pat Nelson, Keywords: Criminal justice education, de-escalation, law enforcement, peace officer communications. DOI:10.5281/zenodo.3298908 Abstract: Since the release of the 21st century policing report in the United States, the techniques of de-escalation have received a lot of attention and focus in political systems, policy changes, and the media. The challenge in professional peace officer education is that there is a vast range of defining de-escalation and understanding the various techniques involved, many of which are based on popular media. This research surveyed professional peace officer education university students on their definition of de-escalation and the techniques associated with de-escalation before specific communications coursework was completed. The students were then surveyed after the communication coursework was completed to determine the changes in defining and understanding de-escalation techniques. This research has found that clearly defining de-escalation and emphasizing the broad range of techniques available enhances the students’ understanding and application of proper de-escalation. This research demonstrates the need for professional peace officer education to move students from media concepts of law enforcement to theoretical concepts.

• Origins of Chicago Common Brick: Examining a Masonry Shell Encasing a New Ando Museum

  Authors: Daniel Joseph Whittaker, Keywords: Masonry construction, history brickmaking, private museums, Chicago Illinois, Tadao Ando. DOI:10.5281/zenodo.2571918 Abstract: This paper examines the broad array of historic sites from which Chicago common brick has emerged, and the methods this brick has been utilized within and around a new hybrid structure recently completed-and periodically opened to the public, as a private art, architecture, design, and social activism gallery space. Various technical aspects regarding the structural and aesthetic reuse methods of salvaged brick within the interior and exterior of this new Tadao Ando-designed building in Lincoln Park, Chicago, are explored. This paper expands specifically upon the multiple possible origins of Chicago common brick, as well as the extant brick currently composing the surrounding alley which is integral to demarcating the southern site boundary of the old apartment building now gallery. Themes encompassing Chicago’s archeological and architectural history, local resource extraction, and labor practices permeate this paper’s investigation into urban, social and architectural history and building construction technology advancements through time.

• An Approach to Consumption of Exhaustible Resources Based on Islamic Justice and Hartwick Criteria

  Authors: Hamed Najafi, Ghasem Nikjou, Keywords: Exhaustible resources, Islamic justice, intergenerational justice, distribution of resources, Hartwick Criteria. DOI:10.5281/zenodo.1474620 Abstract: Nowadays, there is an increasing attention to the resources scarcity issues. Because of failure in present patterns in the field of the allocation of exhaustible resources between generations and the challenges related to economic justice supply, it is supposed, to present a pattern from the Islamic perspective in this essay. By using content analysis of religious texts, we conclude that governments should remove the gap which is exists between the per capita income of the poor and their minimum consumption (necessary consumption). In order to preserve the exhaustible resources for poor people) not for all), between all generations, government should invest exhaustible resources on endless resources according to Hartwick’s criteria and should spend these benefits for poor people. But, if benefits did not cover the gap between minimum consumption and per capita income of poor levels in one generation, in this case, the government is responsible for covering this gap through the direct consumption of exhaustible resources. For an exact answer to this question, ‘how much of exhaustible resources should expense to maintain justice between generations?’ The theoretical and mathematical modeling has been used and proper function has been provided. The consumption pattern is presented for economic policy makers in Muslim countries, and non-Muslim even, it can be useful.

• Augmenting History: Case Study Measuring Motivation of Students Using Augmented Reality Apps in History Classes

  Authors: Kevin. S. Badni, Keywords: Augmented reality, history, motivation, technology. DOI:10.5281/zenodo.1317180 Abstract: Due to the rapid advances in the use of information technology and students’ familiarity with technology, learning styles in higher education are being reshaped. One of the technology developments that has gained considerable attention in recent years is Augmented Reality (AR), where technology is used to combine overlays of digital data on physical real-world settings. While AR is being heavily promoted for entertainment by mobile phone manufacturers, it has had little adoption in higher education due to the required upfront investment that an instructor needs to undertake in creating relevant AR applications. This paper discusses a case study that uses a low upfront development approach and examines the impact on generation-Z students’ motivation whilst studying design history over a four-semester period. Even though the upfront investment in creating the AR support was minimal, the results showed a noticeable increase in student motivation. The approach used in this paper can be easily transferred to other disciplines and other areas of design education.

• Idea of International Criminal Justice in the Function of Prosecution International Crimes

  Authors: Vanda Božić, Željko Nikač, Keywords: International crimes, international criminal justice, prosecution of crimes, Ad Hoc tribunal, the International Criminal Court. DOI:10.5281/zenodo.1131768 Abstract: The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.

• Intellectual Property Rights and Health Rights: A Feasible Reform Proposal to Facilitate Access to Drugs in Developing Countries

  Authors: M. G. Cattaneo, Keywords: Global health, global justice, patent law reform, access to drugs. DOI:10.5281/zenodo.1131729 Abstract: The non-effectiveness of certain codified human rights is particularly apparent with reference to the lack of access to essential drugs in developing countries, which represents a breach of the human right to receive adequate health assistance. This paper underlines the conflict and the legal contradictions between human rights, namely health rights, international Intellectual Property Rights, in particular patent law, as well as international trade law. The paper discusses the crucial links between R&D costs for innovation, patents and new medical drugs, with the goal of reformulating the hierarchies of priorities and of interests at stake in the international intellectual property (IP) law system. Different from what happens today, International patent law should be a legal instrument apt at rebalancing an axiological asymmetry between the (conflicting) needs at stake The core argument in the paper is the proposal of an alternative pathway, namely a feasible proposal for a patent law reform. IP laws tend to balance the benefits deriving from innovation with the costs of the provided monopoly, but since developing countries and industrialized countries are in completely different political and economic situations, it is necessary to (re)modulate such exchange according to the different needs. Based on this critical analysis, the paper puts forward a proposal, called Trading Time for Space (TTS), whereby a longer time for patent exclusive life in western countries (Time) is offered to the patent holder company, in exchange for the latter selling the medical drug at cost price in developing countries (Space). Accordingly, pharmaceutical companies should sell drugs in developing countries at the cost price, or alternatively grant a free license for the sale in such countries, without any royalties or fees. However, such social service shall be duly compensated. Therefore, the consideration for such a service shall be an extension of the temporal duration of the patent’s exclusive in the country of origin that will compensate the reduced profits caused by the supply at the price cost in developing countries.

• Professionals’ Collaboration on Strengthening the Teaching of History

  Authors: L. B. Ni, N. S. Bt Rohadi, H. Bt Alfana, A. S. Bin Ali Hassan, J. Bin Karim, C. Bt Rasin, Keywords: History issue, history teaching, school-university collaboration, history profession. DOI:10.5281/zenodo.1339894 Abstract: This paper discusses the shared effort of teaching history in K-12 schools, community colleges, four-year colleges and universities to develop students' understanding of the history and habits of thought history. This study presents and discusses the problems of K-12 schools in colleges and universities, and the establishment of secondary school principals. This study also shows that the changing nature of practice can define new trends and affect the history professional in the classroom. There are many problems that historians and teachers of college faculty share in the history of high school teachers. History teachers can and should do better to get students in the classroom. History provides valuable insights into the information and embedded solid-state analysis models that are conflicting on the planet and are quickly changing exceptionally valuable. The survey results can reflect the history teaching in Malaysia.