• Title/Summary/Keyword: Justice theory

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Judges' Perception of Public Opinion: Comparing Grounded Theory and Topic Modeling in Analyzing Focused Group Interview with Judges (사회여론에 대한 법관의 인식: 법관 대상 FGI에 대한 근거이론 분석과 토픽 모델링 비교)

  • Gahng, Taegyung
    • Korean Journal of Forensic Psychology
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    • v.13 no.1
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    • pp.23-52
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    • 2022
  • In this study, focused group interviews with 24 incumbent judges were conducted on how they conceptualize public opinion and what attitude they take toward it in relation to judicial trials. The contents of the interviews were analyzed through grounded theory and topic modeling (STM). According to the grounded theory results, judges distinguished concepts such as social rules, socially accepted ideas, legal emotion, and public mood from public opinion, and subdivided public opinion into temporary and emotional reactions to specific legal cases and consistent attitudes toward law and policies. In addition, it was found that judges' attitudes toward public opinion and social norms differed depending on the type of cases or legal issues. Topic modeling results significantly corresponded to the grounded theory results. In this model, the effects of the types of cases dedicated to participants on topical prevalence were statistically significant.

A critical review and implications of the moral-conventional distinction in moral judgment (도덕 판단에서 나타나는 도덕-인습 구분에 대한 논쟁과 함의)

  • Sul, Sunhae;Lee, Seungmin
    • Korean Journal of Cognitive Science
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    • v.29 no.2
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    • pp.137-160
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    • 2018
  • The present article reviews recent arguments on the moral-conventional distinction in moral judgment and discusses the implications for moral psychology research. Traditional research on moral judgment has considered both the evaluation of transgressive actions of others and the categorization of the norms on the moral-conventional dimension. Kohlberg, Piaget, and Turiel (1983) regard moral principles to be clearly distinguished from social-conventional norms and suggested criteria for the moral-conventional distinction. They assume that the moral domain should be specifically related to the value of care and justice, and the judgment for the moral transgression should be universal and objective. The cognitive developmental approach or social domain theory, which has been generally accepted by moral psychology researchers, is recently being challenged. In this article, we introduce three different approaches that criticize the assumptions for the moral-conventional distinction, namely, moral sentimentalism, moral parochialism, and moral pluralism. Moral sentimentalism emphasizes the role of emotion in moral judgment and suggests that moral and conventional norms can be continuously distributed on an affective-nonaffective dimension. Moral parochialism, based on the evidence from anthropology and cross-cultural psychology, asserts that norm transgression can be the object of moral judgment only when the action is relevant to the survival and reproduction of a group and the individuals within the group; judgment for moral transgression can be as relative as that for conventional transgression. Moral pluralism suggests multiple moral intuitions that vary with culture and individual, and questions the assumption of the social domain theory that morality is confined to care and justice. These new perspectives imply that the moral-conventional distinction may not properly tap into the nature of moral judgment and that further research is needed.

BRIBERY INTENTION IN CONSTRUCTION INDUSTRY : AN APPLICATION OF THE THEORY OF PLANNED BEHAVIOR

  • Chung-Fah Huang;Kuen-Lung Lo;Shiau-Ju Shiue;Hsin-Chian Tseng
    • International conference on construction engineering and project management
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    • 2011.02a
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    • pp.318-323
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    • 2011
  • Illegal and unethical behaviors of the construction industry affect people's lives and health more than the same problems of the other industries. Among these behaviors, the construction industry is mostly criticized for bribery scandals. According to the survey of the Ministry of Justice in Taiwan over the past years, bribery cases involving public engineering projects and governmental procurements account for a rather large portion of the indicted corruption cases. Transparency International's "Bribe Payer Index" indicates people in construction-related industries are the most likely to pay bribes. Poor construction quality directly and indirectly caused by bribery poses a great threat to public safety, organizational reputation and economic development. However, there is a limited number of existing research on the bribery problem of the construction industry. This study is an empirical attempt to explore bribery intention and its affecting factors among the construction organizations in Taiwan by conducting a questionnaire survey. The theory of planned behavior was used in this study to build its research model (covering elements of attitude, subjective norm, perceived behavior control, and intention). Totally 431 valid samples were returned. To explore the factors affecting bribery intention, this study adopted Pearson's correlation analysis to discuss about the connections among the questionnaire respondents' attitudes to bribery, subjective norms, perceived behavior control, and bribery intention. A multi-regression analysis was then conducted to test if the planned behavior theory can effectively predict bribery intention. The research found (1) according to the results of Pearson's correlation analysis, the respondents' bribery intention, attitudes, subjective norms, and perceived behavior control are positively correlated with one another; (2) according to the results of the multi-regression analysis, bribery intention can be explained through attitudes, subjective norms, and perceived behavior control with an adjusted R2 value of 0.591, meaning 59.1% of the bribery intention's variances can be explained through the three dimensions. In addition, each of the three dimensions has a significant influence on the respondents' behavior intentions.

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A Study on the Principle of Subsidiarity on the National Basic Livelihood Security Act (국민기초생활보장법상 보충성원리에 관한 연구)

  • An, Bong-Geun
    • Korean Journal of Social Welfare
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    • v.61 no.3
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    • pp.5-28
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    • 2009
  • The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

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A Study on Implications of Recognition Paradigm for Social Work (대안적 비판이론으로서 인정 패러다임의 사회복지적 함의)

  • Kim, Giduk
    • Korean Journal of Social Welfare
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    • v.67 no.4
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    • pp.325-348
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    • 2015
  • The main purpose of the study is to explore the implications of Recognition Paradigm for domains of social work, especially focusing on the arguments exchanged between Axel Honneth and Nancy Fraser, two eminent scholars in this field. The Recognition paradigm, which is an alternative perspective in practical philosophy developed to cope with the changing socio-political situations in the late modern society, is providing the domain of social work with a lot of important theoretical and practical implications as well. In particular, Honneth's recognition theory which considers the recognition as a basic prototype in human development and construction of society is able to clarify the fundamental mission and territory the social work profession is to pursue. But for the meanwhile, Fraser's dual perspective of justice, which is an extended version of redistributive justice introducing the recognition component in it, can suggest diverse practical strategies to confront complex injustice-making structures effectively in the later modern society. In spite of these abundant implications in both theoretical and practical areas, the recognition paradigm still save several fundamental considerations for social work, such as the real meaning of the recognition in social work, the exact population from whom social work seek to get recognition, and the adequate strategy, so-called "recognition struggle" which social work is to employ to acquire the recognition.

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A Study on the Thrust and Normal force Characteristics by Tooth Shapes of HLSM (HLSM의 치 형상에 따른 추력 및 수직력 특성에 관한 연구)

  • 이상호;오홍석
    • The Transactions of the Korean Institute of Electrical Engineers B
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    • v.53 no.5
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    • pp.318-324
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    • 2004
  • In the recently, the necessity of linear position control motors have been increased in the various fields of the automatic control system. In this paper, we have designed the tooth models of the hybrid type linear stepping motor(HLSM); rectangular type(RT), triangle type(TrT), round type(RdT) and wedge type(WT), and proposed the optimum tooth shape of the HLSM by simulating(Flux2D) the thrust and normal force characteristics with the finite element method(FEM) and the virtual work method. And we have manufactured the prototype HLSM with the optimum tooth, and measured the various values by using experimental system. Thus, we have confirmed the justice of theory because the computed and the experimental results almost coincide with.

A Study on Micro-step of 2-phase Hybrid Type Linear Stepping Motor (2상 하이브리드형 리니어 스텝핑 전동기의 미세스텝에 관한 연구)

  • Oh, Hong-Seok;Kim, Dong-Hui;Lee, Sang-Ho
    • The Transactions of the Korean Institute of Electrical Engineers B
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    • v.49 no.5
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    • pp.358-363
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    • 2000
  • In this paper, a voltage equations, a thrust force equations and kinetic equation are derived from the basic structure of a 2-phase hybrid type linear stepping motor(HLSM). And a micro-stepping method in order to eliminate effectively the resonant phenomena and to increase the positional resolution of the HLSM was proposed. The proposed micro-stepping method can divide one step into the maximum 128 micro-steps under simple control system. The dynamic characteristics of proposed micro-stepping method were analyzed by the ACSL(Advanced Continuous Simulation Language) with the voltage equations, the thrust force equations and the kinetic equation, and were measured by laser experimental system. As the result, the justice of theory was confirmed, and the resonant phenomena, the positional resolution and dynamic thrust were improved by the proposed micro-stepping method.

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The Moderating Role of Attribution in Penalty Judgment: An Empirical Study in the Financial Service Industry

  • Kim, Young "Sally" K.
    • Journal of Global Scholars of Marketing Science
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    • v.16 no.3
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    • pp.1-16
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    • 2006
  • Many financial service organizations use various types of penalties (e.g., late payment fee, overdraft fee), often inflicting customer complaints and, in extreme cases, attrition. This study examines how customers evaluate penalties using concepts from attribution theory and literatures of social justice and customer satisfaction/dissatisfaction. The study hypothesizes that both cognitive (i.e., attribution, perceived fairness, disconfirmation) and affective (i.e., emotion) responses influence customer's penalty judgment and tests the effect of moderation between attribution and perceived fairness on penalty judgment. The study uses a cross sectional survey design and collects data using the critical incident technique. The results show that attributions have significant moderating effects on the relationship between perceived fairness and dissatisfaction with the penalty and that perceived fairness, emotion, and attribution have a significant influence on penalty evaluation. The study provides discussion of the findings and managerial implications.

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A Study on the Two Big Theories of Music Culture in China's Ancient Times (중국전통시기 양대(兩大) 음악문화 고찰)

  • Lee, Tae Hyoung
    • Cross-Cultural Studies
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    • v.43
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    • pp.355-376
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    • 2016
  • This study looks into the relationship between Chinese philosophy, with a focus on Confucianism and Taoism, and music. Kong zi's Confucius supported, 'Enjoyment without being licentious and grief without being hurtfully excessive', and 'hatred of the music of Zheng'. These ideas do not emphasize the function of music as an expression of emotions, feelings, or desires, and are instead conclusions based on Confucian ideals such as harmony between classes and the spread of benevolent government. Music must coincide with Justice. The hatred of the music of Zheng was a conclusion founded on the idea of a place for Justice in music. Zhuangzi is the source of the spirit of Chinese art; specifically, Zhuangzi's idea of music in relation to its influence on East Asian history of art is extremely influential. In fact, the concept of yuelun is considered the most original and important concept in the history of the East Asian philosophy of art. The most distinctive features of Zhuangzi's theory of music can be summarized as follows. He attempts to liberate music from the restrictions of form and to let music express authentic human feelings and emotions. He also argues that music should not be subjected to politics, as he thinks that the creative mind of an artist can exist only when music is freed from political influence. Confucianism takes a humanistic perspective, while Taoism takes a more naturalistic one. In sum, Confucianism gives weight to the logical and ethical aspects of music, while Taoism emphasizes the intuitional and naturalistic ones.

Paradox, Impossibility or Superabundance - Theories of Gift of Mauss, Derrida and Ricœur (역설, 불가능성 혹은 넘침 - 모스, 데리다, 리쾨르의 선물론 -)

  • Byun, Kwang-bai
    • Cross-Cultural Studies
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    • v.52
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    • pp.1-29
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    • 2018
  • The notion of 'gift' is one of the effective and fruitful codes for understanding Western civilization. In this study, we will shed light on several meanings, especially by comparing among the three French philosophers that expressed interest in this notion: they are Mauss, Derrida and $Ric{\oe}ur$. Called "father of French ethnography", Mauss claims, in his famous article "Essay on the Gift", that the gift is paradoxically a kind of economic exchange dominated by three obligations: to give, receive, and return. But he strives to establish a moral theory based on the obligation to give. Under the influence of Mauss, Derrida deconstructs the theory of Mauss by devoting attention to 'time', one of the determining elements in studies on the gift. Derrida observes that the gift is established just at the extremely short moment of emergence of the act of giving and that this act is transformed into an economic exchange with passing of time. From it, the impossibility of the gift is derived despite its concrete and real emergence and existence. Under the influence of Mauss, $Ric{\oe}ur$, for his part, is interested in the notion of giving as part of the dialectic between 'love' and 'justice'. According to him, whereas justice is dominated by the economy of gift, namely the logic of equivalence, love, by the logic of 'superabundance'. He focuses on establishing 'Supra-ethics' by considering the fact that the gift is at the core of his religious and philosophical vision. Finally, let us point out that in $Ric{\oe}ur$, this notion of gift ('don') is closely linked to forgiveness ('pardon'), that holds in it the secret of understanding regarding the 'fallible' and 'capable' man.