Procedural justice - LegalOwl
About us  |  Why use us?  |  Press  |  Contact us

 

Topic: Procedural justice



  
 Procedural justice - Wikipedia, the free encyclopedia
Procedural justice concerns the fairness of the processes by which decisions are made--as contrasted with the distributive justice (fairness in the distribution of rights or resources) and corrective justice (fairness in the rectification of wrongs).
In the United States, for example, a concern for procedural justice is reflected in the Due Process clauses of the United States Constitution.
The idea of procedural justice is especially influential in the law.
http://en.wikipedia.org/wiki/Procedural_justice   (535 words)

  
 E Law: Perceptions of Procedural Justice and Legitimacy in Local Court Mediation
The focus of this study is on the theories of procedural justice and the relation of procedural justice to perceptions of fairness, legitimacy and satisfaction with mediation as a legal dispute resolution procedure.
Procedural justice was assessed by asking whether the litigants thought the procedure of the pre-trial conference was fair.
[46] However, for legal theorists the focus is on procedural fairness[47] or objective procedural justice, defined as "the capacity of a procedure to conform to normative standards of justice".
http://www.murdoch.edu.au/elaw/issues/v9n2/howieson92nf.html   (10860 words)

  
 CRITICAL EVALUATION OF PROCEDURAL JUSTICE
Judgements of procedural justice therefore depend on the extent to which the group's procedures are congruent with socialised values.
This has prompted debate over whether interpersonal justice should be regarded as an independent form of justice, or regarded as a component of procedural justice.
This suggests that procedural justice issues may be limited to the contours of people's group identification and maintenance of further co-operation (Tyler, 1989).
http://myweb.absa.co.za/pev/Resources/Essays/Procedural%20Justice.htm   (4426 words)

  
 [No title]
Several characteristics of the formal procedures and aspects of the conduct of the decision maker are known to contribute to perceptions of procedural justice.
Procedural justice theory examines the decision-making process in exchange relation-ships in which one party has decision making authority over issues that concern the other party (Lind and Tyler, 1988).
First, procedural justice provides assurance that an individual's self-interest is protected over the long run.
http://www.babson.edu/entrep/fer/papers97/sapienza/sap4.htm   (1633 words)

  
 Public Personnel Management: Procedural due process and procedural justice in the workplace: A comparison and analysis
Second, the procedural due process "balancing test," which is used in judicial proceedings, is adapted and applied to the psychological concept of procedural justice.
Procedural due process is a legal concept that refers to the fairness of legal proceedings in a judicial setting.
The procedural due process dimension of advance notice is similar to the procedural justice dimension of advance notice.
http://www.findarticles.com/p/articles/mi_qa3779/is_200307/ai_n9300018   (1292 words)

  
 Procedural Justice
The author discusses procedural justice and legitimacy in the context of a court mediation process, the pre-trial conference.
The author examines John Rawls' notion of "pure procedural justice" and discusses the function and importance of fair procedures in the context of law.
Fair procedures of negotiation or legal proceedings are also central to the legitimacy of decisions reached.
http://www.beyondintractability.org/m/procedural_justice.jsp   (1598 words)

  
 Administrative Science Quarterly: Individual and corporate dispute resolution: using procedural fairness as a decision ...
Among the most influential factors in generating procedural justice judgments are the opportunity to present information to the authority and indications that the authority is neutral, trustworthy, and that he or she treats subordinates in a dignified and respectful way.
Procedural justice concerns are important considerations for both supervisors and subordinates in the resolution of work and labor disputes (Sheppard, Lewicki, and Minton, 1992) and a major factor in employee responses to drug testing programs (Konovsky and Cropanzano, 1991).
Judgments of procedural justice also affect people's willingness to use various legal procedures (Thibaut and Walker, 1975, 1978) and their willingness to obey ordinary traffic laws and other everyday legal rules (Tyler, 1990).
http://www.findarticles.com/p/articles/mi_m4035/is_n2_v38/ai_14443105   (4301 words)

  
 Overview of Procedural Justice
Procedural justice effects are independent of, and often greater than, the effects of distributive justice, which indicates that people are concerned with procedures for reasons beyond the immediate outcome they receive from those procedures.
Some researchers refer to the justice that stems from the interpersonal behavior of decision makers as interactional justice, and propose that it should be treated for practical and academic purposes as distinct from procedural justice.
The relative importance of procedural justice criteria is conditional.
http://www.wku.edu/~nace.magner/pj_overview.html   (794 words)

  
 SSRN-Procedural Justice by Lawrence Solum
Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise.
The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice.
Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=636721   (751 words)

  
 Day 27 - Nozick
A case of pure procedural justice with respect to the distribution of goods is the case of gambling using a fair coin or fair dice.
Procedural Justice: If the process by which a state of affairs is reached is a just process, then any state of affairs reached by that process is just.
Procedural Justice: if the process by which a state of affairs is reached is a just process, then any state of affairs reached by that process is just.
http://www.unc.edu/~mateo/pl37.handout.nozick.htm   (1522 words)

  
 Solum (2004) Procedural Justice
civil procedure, procedural justice, administrative law, constitutional law, jurisprudence, philosophy of law, political philosophy
http://www.getcited.org/?PUB=103400536&showStat=Ratings   (14 words)

  
 Procedural Justice Research
Discussion focused on procedural justice in the context of course policies.
Distributive justice refers to people's beliefs about the fairness of outcomes, procedural justice refers to perceptions of fairness in the procedures used in allocation of outcomes, and interactional justice refers to people's beliefs about the fairness with which they have been treated by authority figures.
Abstract: People’s perceptions of the fairness of formal rules (procedural justice perceptions) may be determined according to six rules suggested by Leventhal (1980).
http://faculty.plattsburgh.edu/william.gaeddert/pjres.htm   (330 words)

  
 Procedural Justice in Young’s Inclusive Deliberative Democracy
On the imperfect-procedural-justice interpretation, the justice of the policy would be a function of its satisfaction of Young’s stated criterion for justice (i.e., the absence of oppression and domination), and obviously the policy would be deemed unjust.
Obviously this fits the model of imperfect procedural justice, but not that of pure procedural justice.
So if the justification of IIDDs is in terms of imperfect procedural justice, then their justification is contingent and probabilistic, while if their justification is in terms of pure procedural justice, then their justification is necessary and certain.
http://www.ku.edu/~utile/publications/Procedural_Justice_in_Young's.html   (2583 words)

  
 HEALTH BENEFIT SATISFACTION IN THE PUBLIC AND PRIVATE SECTORS: THE ROLE OF DISTRIBUTIVE AND PROCEDURAL JUSTICE ...
Distributive and Procedural Justice Justice researchers have identified two primary forms of fairness that are relevant to predicting benefit satisfaction.
H3: Procedural justice will have a main effect on benefit satisfaction and will account for a significant amount of the variance.
Although previous research has not directly focused on this question, there is compelling evidence that distributive and procedural justice concerns are universal in scope, and apply to employee benefits.
http://mgv.mim.edu.my/Articles/00555/960211.Htm   (2717 words)

  
 CCSR - The CCSR Bulletin
Tyler examined procedural justice in a study of financial services employees.
Testing procedural justice as a mediator, Tyler found that it leads to greater group identification, which directly impacts overall satisfaction with the interaction.
While testing for overall outcome satisfaction, he demonstrated that procedural justice has a high correlation with a number of factors.
http://www.stigmaresearch.org/publications/bulletin   (462 words)

  
 Administrative Science Quarterly: Due process in performance appraisal: a quasi-experiment in procedural justice
The due-process metaphor of performance appraisal is consistent with prior theoretical models of procedural justice, whether based on the instrumental control or relational explanation.
They argued that a due-process metaphor, consistent with theories of procedural justice, may better address the appraisal situation than does the test metaphor.
Due process of law, a right guaranteed under the Fifth and Fourteenth Amendments of the United States Constitution, is intended to ensure individuals fair treatment when charged with legal violations.
http://www.findarticles.com/p/articles/mi_m4035/is_n3_v40/ai_17781743   (1136 words)

  
 The Importance of Procedural and Distributive Justice
The effect of these components on procedural justice judgments is mediated by distributive justice.
This paper also suggests that it is necessary to distinguish between different procedural rules when exploring the interactions between distributive and procedural justice in the context of mergers and acquisitions.
Research in procedural justice has identified instrumental and non-instrumental components of voice.
http://www.aom.pace.edu/aom/htmlprogram/prog0145.html   (521 words)

  
 Record Keeping Through Procedural Justice Decreases Employee Related Lawsuits/ Kefgen / March 1997
There are three ways to achieve procedural justice: clearly stating corporate guidelines for acceptable and unacceptable performance and conduct; judicious record keeping, and unbiased disciplinary measures.
The first component of procedural justice focuses on the need for a system.
To eliminate these types of occurrences, we recommend you implement procedural justice.
http://www.hotel-online.com/Neo/Trends/HVS/Kefgen/Procedural_Justice.html   (578 words)

  
 Issues of Democracy, July 2001, Criminal Justice in the U.S.
Studies suggest that members of the public have complex models of procedural justice, often considering eight or more distinct justice issues when deciding how fair they think a legal procedure is. Four issues are typically found to be important.
People are more likely to obey the law when they have trust and confidence in the fairness of the procedures used by legal authorities and legal institutions.
Similar procedural justice findings emerge when we examine people's everyday obedience to the law.
http://usinfo.state.gov/journals/itdhr/0701/ijde/tyler.htm   (2357 words)

  
 Punishment
Were this not so, the retributivist could not claim that justice requires punishment for the violation of the law.
Retributivism, whether in law or morals, without an appeal, tacit or express, to the justice of punishment is inconceivable -- or inconceivably distinct from mere retaliation or revenge (Nozick 1981, Henberg 1990).
To repeat, in a society that takes justice seriously, such intentionally harmful conduct will be prohibited by law and, and if and when it occurs, condemned under the law.
http://plato.stanford.edu/entries/punishment   (7238 words)

  
 Justice2
Psychological Models of the Justice Motive: Antecedents of Distributive and Procedural Justice.
Distributive and Procedural Justice as Antecedents of Job Dissatisfaction and Intent to Turnover.
Diamond, A. Procedural and distributive justice in family decision-making reliability of the family justice inventory-youth form.
http://voyager.wnmu.edu/mdocs/justice2.htm   (1953 words)

  
 AnalPhilosopher John Rawls on Procedural Justice: A Flowchart
Comment: Rawls complicates this category by introducing the notion of "quasi-pure" procedural justice: "laws and policies are just provided that they lie within the allowed range, and the legislature, in ways authorized by a just constitution, has in fact enacted them" (TJ, 201).
Rawls says that "perfect procedural justice is rare, if not impossible, in cases of much practical interest" (TJ, 85).
Imagine a procedure (process, proceeding) that leads to various outcomes (results, states of affairs).
http://www.analphilosopher.com/posts/1071970841.shtml   (570 words)

  
 Procedural Justice Research Findings
Voice and procedural justice significant in and of themselves
Procedural justice often more important to people than distributive justice!
http://www.udel.edu/soc/vhans/cj346disputes/sld008.htm   (19 words)

  
 justice, principle of - Privacy / Data Protection Project (c)2002-2005
Common to all definitions of justice is the minimal principle that relevantly similar cases (persons) are to be treated alike.
ore exactingly, "distributive justive" refers to the distribution of social benefits and burdens,"retributive justice" applies to issues of correction and punishment (most familiarly, in the judicial system) and "procedural justice" refers to social processes
justice, principle of - Privacy / Data Protection Project (c)2002-2005
http://privacy.med.miami.edu/glossary/xd_justice.htm   (232 words)

  
 The Psychology of Own Versus Others' Treatment: Self-Oriented and Other-Oriented Effects on Perceptions of Procedural ...
procedural justice is affected by procedures that are experienced
of others is as potent a consideration in justice judgments
Key Words: justice • empathy • fairness • procedure
http://psp.sagepub.com/cgi/content/abstract/27/10/1324   (172 words)

  
 Amazon.ca: Books: Procedural Justice
Subjects > Law > Procedures & Litigation > Courts
Subjects > Law > Procedures & Litigation > Criminal Procedure
Subjects > Law > Procedures & Litigation > Civil Procedure
http://www.amazon.ca/exec/obidos/ASIN/1855219212   (211 words)

  
 Abstract "Military Tribunals: Procedural Justice and the Problem of Evidence"
Military tribunals provide neither military justice nor civilian justice, but constitute a parallel legal system with different evidentiary standards.
This paper explores both legal and philosophical questions of evidence raised by the prospective military tribunals, with particular focus on secret evidence and on judicial questions that arise when specific evidence of war crimes does not exist.
Abstract "Military Tribunals: Procedural Justice and the Problem of Evidence"
http://ethics.sdsu.edu/conference/Portmess.htm   (243 words)

  
 IngentaConnect Do Procedural Justice Perceptions in a Selection Testing Context ...
or regression coefficients associated with procedural justice perceptions failed to achieve significance for all outcomes.
We discuss the implications of these findings for procedural justice research and for employment managers.
This allowed us to control for initial levels of outcome variables and the pass-fail result when assessing procedural justice effects.
http://www.ingentaconnect.com/content/bell/jasp/2004/00000034/00000001/art00006   (222 words)

  
 IngentaConnect Distributive and Procedural Justice in Seven Nations
The paper examines the impact of distributive justice and procedural justice variables on judgments in seven countries (Bulgaria, France, Hungary, Poland, Russia, Spain, and the United States).
The implications for distributive and procedural justice research are discussed.
The vignettes manipulated deservingness and need of the actor (distributive justice factors) and impartiality and voice in the hearing (procedural justice factors).
http://www.ingentaconnect.com/content/klu/lahu/2000/00000024/00000005/00225823   (273 words)

  
 An Examination of the Test Scores of the Folger and Konovsky Measure of Procedural Justice -- DeConinck and King 63 ...
An Examination of the Test Scores of the Folger and Konovsky Measure of Procedural Justice
An Examination of the Test Scores of the Folger and Konovsky Measure of Procedural Justice -- DeConinck and King 63 (3): 516 -- Educational and Psychological Measurement
measure of procedural justice through confirmatory factor analysis
http://epm.sagepub.com/cgi/content/abstract/63/3/516   (147 words)

  
 Table of contents for Constructive divorce: procedural justice and sociological reform
Justifications for a Procedural Justice Assessment Chapter 1.
Table of contents for Constructive divorce: procedural justice and sociological reform / Penelope Eileen Bryan.
Table of contents for Constructive divorce: procedural justice and sociological reform
http://www.loc.gov/catdir/toc/ecip055/2004031071.html   (125 words)

  
 Title page for etd-0630100-142814
I resort to the method of the case study to discuss how procedural justice cause influence on subsidiary performance.
Finally, I suggested that MNCs’ head office should pay more attention to procedural justice when they are making decisions.
Research on the relationship of procedural justice and subsidiary performance — A case study of MNCs’ subsidiaries in Taiwan
http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0630100-142814   (162 words)

  
 The Role of Resource and Relational Concerns for Procedural Justice -- Heuer et al. 28 (11): 1468 -- Personality and ...
The Role of Resource and Relational Concerns for Procedural Justice -- Heuer et al.
Articles by Heuer, L. Articles by Cohn, I. The Role of Resource and Relational Concerns for Procedural Justice
Key Words: procedural justice • group value • justice motive
http://psp.sagepub.com/cgi/content/abstract/28/11/1468   (158 words)

  
 EconPapers: Unions and Procedural Justice: An Alternative to the Common Rule
Evidence is presented to show that employees regard unions as effectivevehicles for procedural justice.
Unions and Procedural Justice: An Alternative to the Common Rule
EconPapers: Unions and Procedural Justice: An Alternative to the Common Rule
http://econpapers.repec.org/paper/cepcepdps/dp0613.htm   (181 words)

  
 Legal Theory Blog
It turns out that Randy is on the Institute for Justice's brief, which in fact presents an originalist, tradition-focused case, based on the limits of government power, as opposed to implied fundamental rights.
That is, we may be able to make progress by focusing on procedural legitimacy, as opposed to procedural justice.
And Erik Luna (Utah) delivers Punishment Theory, Holism, and the Procedural Conception of Restorative Justice at the University of Pittsburgh School of Law.
http://www.lsolum.blogspot.com/2003_02_01_lsolum_archive.html   (11209 words)

  
 Book / The Social Psychology of Procedural Justice (Critical Issues in Social Justice)
The Social Psychology of Procedural Justice (Critical Issues in Social Justice)
Book / The Social Psychology of Procedural Justice (Critical Issues in Social Justice)
http://www.butterflits.com/flits/asinsearch_0306427265   (117 words)

  
 EconPapers: Distributive and procedural justice in a sales force context: Scale development and validation
Distributive and procedural justice in a sales force context: Scale development and validation
EconPapers: Distributive and procedural justice in a sales force context: Scale development and validation
http://netec.wustl.edu/WoPEc/data/Articles/eeejbresev:57:y:2004:i:1:p:86-93.html   (111 words)

  
 The Relationship Between Participation And Performance: The Roles Of Procedural Justice And Evaluative Styles ...
16.3%: The Relationship Between Procedural Justice And Managerial..
The Relationship Between Participation And Performance: The Roles Of Procedural Justice And Evaluative Styles
The Relationship Between Participation And Performance: The Roles Of Procedural Justice And Evaluative Styles (SMEALSearch) - Pal,Rangaswamy,Giles,Debnath
http://smealsearch2.psu.edu/27584.html   (286 words)

  
 Demetrius at The Australian National University: Item 1885/42014
Consistent with the procedural justice literature, the findings revealed that many of the scheme investors interviewed defied the Tax Offices demands because the procedures the Tax Office used to handle the situation were perceived to be unfair.
A strategy that aims to emphasise the procedural justice aspects of a regulatory encounter will be discussed.
Given these findings, it will be argued that to effectively shape desired behaviour, regulators will need to move beyond enforcement strategies linked purely to deterrence.
http://hdl.handle.net/1885/42014   (225 words)

  
 Worksheet on Procedural Justice and Reactions to Injustice
Worksheet on Procedural Justice and Reactions to Injustice
Considering the three types of justice judgments (distributive, procedural and interactional), explain how each type results in different forms of employee satisfaction.
What is the premise of the Group Value Model and how does it relate to procedural justice for employees?
http://www.cob.tamucc.edu/mlucero/DysBehav/Worksheet%20on%20Procedural%20Justice%20and%20Reactions%20to%20Injustice.htm   (187 words)

  
 EconPapers: Unions, Performance-Related Pay and Procedural Justice: the Case of Classroom Teachers
Unions, Performance-Related Pay and Procedural Justice: the Case of Classroom Teachers
EconPapers: Unions, Performance-Related Pay and Procedural Justice: the Case of Classroom Teachers
Keywords: Unions; Procedural Justice; Performance-Related Pay; Teachers (search for similar items in EconPapers)
http://econpapers.repec.org/paper/cepcepdps/dp0660.htm   (309 words)

  
 Sociology
(With Linda Molm and Nobuyuki Takahashi), "In The Eye Of The Beholder: Procedural Justice In Social Exchange." American Sociological Review, February 2003.
http://www.calstatela.edu/academic/soc/publication.htm   (956 words)

  
 Exchange ideology as a moderator of the procedural justice-satisfaction relationship (in MARION)
Exchange ideology as a moderator of the procedural justice-satisfaction relationship
Exchange ideology as a moderator of the procedural justice-satisfaction relationship (in MARION)
Exchange ideology as a moderator of the procedural justice-satisfaction relationship [microform] / L. Alan Witt, Dana Broach.
http://js-catalog.cpl.org/MARION/AET-3310   (96 words)

  
 CiteULike: Procedural Justice, Distributive Justice: How Experiences With Downsizing Condition Their Impact On ...
Procedural Justice, Distributive Justice: How Experiences With Downsizing Condition Their Impact On Organizational Commitment
CiteULike: Procedural Justice, Distributive Justice: How Experiences With Downsizing Condition Their Impact On Organizational Commitment
Note: You or your institution must have access rights to this article.
http://www.citeulike.org/article/131305   (64 words)

  
 The interactive effects of procedural justice and ...
The interactive effects of procedural justice and exchange ideology on supervisor-rated commitment
Matched data collected from 143 employees and their immediate supervisors of a private sector organization indicated that employee perceptions of procedural justice were only related to supervisor-rated affective commitment among employees with a strong exchange ideology.
http://db.socionet.nw.ru/RuPEc/xml/rus/article-gpccsy/rusgpccsy79446.xml   (139 words)

  
 Kathy Stone
She specializes in courses regarding Labor Law, Comparative Labor Law, Employment Law, Labor and Social Policy, Private Justice, and Contracts.
She teaches Labor Law and Private Justice: The Law of Alternative Dispute Resolution and a seminar on Labor and Social Policy in the Spring.
Other books include Arbitration Law (Foundation Press, 2003) and Private Justice: The Law of Alternative Dispute Resolution (Foundation Press, 2000).
http://www.harrt.ucla.edu/faculty/bios/stone.html   (242 words)

  
 American Philosophy [Internet Encyclopedia of Philosophy]
Rawls argued for a position of political liberalism based on a system of procedural justice.
Such a return is often credited to the publication of John Rawls's (1921-2002) A Theory of Justice.
For example, there were critiques of epistemic values such as objectivity (i.e., detached, disembodied inquiry), as well as what were taken as masculine approaches to ethics and political philosophy, such as procedural over substantive justice or rights-based ethical theories.
http://www.iep.utm.edu/a/american.htm   (6590 words)

  
 Ephilosopher :: Philosophy News, Research and Philosophical Discussion
At last there has appeared a direct and substantial challenge, within the Court, to the constitutional thought of Justice Antonin Scalia, who has long offered an ambitious and forceful account about how to approach the Constitution and laws of the United States.
Chief Justice William H. Rehnquist, Dead at 80 (0)
Posted by: ephilosopher on Sunday, September 18, 2005 - 08:24 AM Supreme Court nominee, John G. Roberts Jr.'s approach to Constitutional interpretation has been likened to Justice Rhenquist's.
http://ephilosopher.com/modules.php?op=modload&name=News&file=article&sid=754   (867 words)

  
 Procedural justice
Procedural justice concentrates on how decisions or policies or made, and not on what the outcome of those decisions or policies is. It is often contrasted with distributive justice.
http://www.ebroadcast.com.au/lookup/encyclopedia/pr/Procedural_justice.html   (65 words)

  
 Issues of Democracy, July 2001, Criminal Justice in the U.S.
THE EVOLUTION OF U.S. James B. Jacobs, Warren E. Burger professor of law at New York University (NYU) and director of the Center for Research in Crime & Justice at the NYU School of Law, discusses the nation's criminal law system.
Issues of Democracy, July 2001, Criminal Justice in the U.S. An Electronic Journal of the U.S. Department of State
The case led to two landmark Supreme Court decisions that enhanced fundamental rights for all Americans.
http://usinfo.state.gov/journals/itdhr/0701/ijde/ijde0701.htm   (472 words)

 About us   |  Why use us?   |  Press   |  Contact us

 Copyright © 2006 LegalOwl.com Usage implies agreement with terms.