This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state.
Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts.
This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.
Table of Contents
Introduction: procedural justice in law, psychology, and philosophy
Denise Meyerson, Catriona Mackenzie, and Therese MacDermott
Part I Procedural justice in policing, courts and prisons: empirical reviews
1. The empirical study of procedural justice policing in Australia: highlights and challenges
2. Procedural fairness and jury satisfaction: an analysis of relational dimensions
Jane Goodman-Delahunty, David Tait and Natalie Martschuk
3. Procedural justice in corrections
Part II Procedural justice and legitimacy: empirical and normative perspectives
4. Procedural justice, legitimacy and social contexts
Anthony Bottoms and Justice Tankebe
5. Procedure-content interaction in attitudes to law and in the value of the rule of law: an empirical and philosophical collaboration
Noam Gur and Jonathan Jackson
6. Legal legitimacy and the relevance of participatory procedures
Part III The concept of procedural justice: philosophical perspectives
7. The inadequacy of instrumentalist theories of procedural justice
8. The many facets of procedural justice in legal proceedings
9. Procedural justice, relational equality and self-respect
Part IV Implications and applications: legal institutions and the exercise of legal authority.
10. Racial profiling as pejorative discrimination
11. Administrative discretion and governing relationships: situating procedural fairness
12. The framing of tribunal procedures: a question of balance or a participation-centred approach?
Denise Meyerson, Macquarie Law School, Macquarie University, Sydney.
Catriona Mackenzie, Department of Philosophy, Macquarie University, Sydney.
Therese MacDermott, Macquarie Law School, Macquarie University, Sydney.