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Topic: Procedural justice

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	Crime Stories: Posnerian Pragmatism, Rawlsian Pure Procedural Justice, and the Fictional Problem - [2004] DeakinLRev ...
		Criminal justice presents the community with challenging dilemmas such as those arising from the notion of double jeopardy[1] and from the practice of eliciting confessions by means of ‘sting’ operations.
		Procedures may be changed and there is probably little sense to a notion of ‘perfect’ adherence to criminal procedure (for example in relation to procedures on hearsay evidence).
		Thus for Rawls, the distinction between imperfect procedural justice (eg the criminal trial) and pure procedural justice (eg fair gambling) is that in the former there is an independent criterion by which to judge the outcome – albeit a criterion which cannot be perfectly articulated to a procedure.
	www.austlii.edu.au /au/journals/DeakinLRev/2004/28.html (4337 words)

	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).
		The idea of the balancing model is that a fair procedure is one which reflects a fair balance between the costs of the procedure and the benefits that it produces.
		In the United States, for example, a concern for procedural justice is reflected in the Due Process clauses of the United States Constitution.
	en.wikipedia.org /wiki/Procedural_justice (535 words)

	CRITICAL EVALUATION OF PROCEDURAL JUSTICE
		Justice has been identified as a primary virtue of social institutions, and South African organisations are beginning to realise the paramount importance of establishing a climate of workplace justice in order to continue along a path of competitiveness, effectiveness and survival.
		Procedures are therefore seen to help define the internal relations within the group, and act as norms of treatment and decision-making that regulate much of the groups social structure and process (Lind and Tyler, 1988).
		Procedural justice judgements under the group-value model is therefore able to account for determinants of process control, standards of fairness criteria, and polite treatment, which are inadequately explained in the self-interest model.
	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.
		Second, procedural justice is thought to be important to individuals because it affirms their status and value to the relationship, group or organization.
		Procedural justice judgments are considered "pivotal cognitions" in that such judgments have a strong impact on attitudes and behaviors pertaining to the exchange relationship (Lind, 1997).
	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 (Site not responding. Last check: 2007-10-26)
		Procedural justice, by contrast, is a psychological concept that refers to individual perceptions of the fairness of procedures that are used to make decisions.
		Within organizations, procedural justice is a concept that reflects the fairness of processes used to determine outcomes that affect employees.
		Second, the procedural due process "balancing test," which is used in judicial proceedings, is adapted and applied to the psychological concept of procedural justice.
	www.findarticles.com /p/articles/mi_qa3779/is_200307/ai_n9300018 (1292 words)

	Day 27 - Nozick (Site not responding. Last check: 2007-10-26)
		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.
		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.
		Distributive Justice: For any distribution of goods, D, if there is another distribution, D’, in which the least well off would be better off, then D’ is to be preferred to D regardless of the processes that generated D. Nozick is arguing against a form of distributive justice.
	www.unc.edu /~mateo/pl37.handout.nozick.htm (1522 words)

	Administrative Science Quarterly: Individual and corporate dispute resolution: using procedural fairness as a decision ...
		The studies tested predictions concerning the operation of a "fairness heuristic"--that procedural justice judgments mediate the effects of process impressions and outcome evaluations on the decision to accept or reject the directives of an authority.
		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).
		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.
	www.findarticles.com /p/articles/mi_m4035/is_n2_v38/ai_14443105 (4301 words)

	Overview of Procedural Justice (Site not responding. Last check: 2007-10-26)
		This focus on procedural justice is in contrast to the earlier emphasis on distributive justice, or the fairness of the decision outcomes received.
		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.
	www.wku.edu /~nace.magner/pj_overview.html (794 words)

	Legal Theory Lexicon: Legal Theory Lexicon 023: Procedural Justice
		Imperfect procedural justice is exemplified by a criminal trial.
		[P]ure procedural justice obtains when there is no independent criterion for the right result: instead there is a correct or fair procedure such that the outcome is likewise correct or fair, whatever it is, provided that the procedure has been properly followed.
		Justice has a price, and there is a point at which that price is not worth paying.
	lsolum.typepad.com /legal_theory_lexicon/2004/02/legal_theory_le_2.html (2076 words)

	[No title]
		Fair procedures tend to inspire feelings of loyalty to one's group, legitimize the authority of leaders, and help to ensure voluntary compliance with the rules.[5] This is true in a variety of settings, from the work place, to political organizations, to legal contexts.
		In the realm of distributive justice, implementing fair procedures is a matter of setting down rules that everyone should follow in acquiring and transferring goods.
		The author examines John Rawls' notion of "pure procedural justice" and discusses the function and importance of fair procedures in the context of law.
	www.beyondintractability.org /essay/procedural_justice (1626 words)

	Administrative Science Quarterly: Due process in performance appraisal: a quasi-experiment in procedural justice
		Procedural justice research emphasizes the process through which decisions are made in conflicts of interests as the primary determinant of disputing parties' perceptions of fairness (Leventhal, 1976; Folger, 1977; Thibaut and Walker, 1978; Lind and Tyler, 1988; Tyler and Lind, 1992).
		Because the procedures are viewed as manifestations of basic process values in the institution or organization, they take on value in and of themselves, not simply because they promote the attainment of goals outside the process.
		Thus procedures reflecting a positive, full-status relationship are viewed as fair, while those indicative of a negative or low-status position within the institution are judged unfair (Tyler and Lind, 1992).
	www.findarticles.com /p/articles/mi_m4035/is_n3_v40/ai_17781743 (1136 words)

	Procedural Justice in Young’s Inclusive Deliberative Democracy
		All these remarks imply that Young views her conception of justice (the conjunction of self-development and self-determination) as providing an independent criterion that can be used to assess the justice of outcomes, policies, political judgments, solutions to problems, and so on, once they have been brought about, made, or enacted by deliberative bodies.
		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.
		But if the justice of IIDDs is understood to be of the purely procedural variety, then a deliberator who says that justice requires one policy rather than another is saying nothing more than that the operation of a genuine IIDD would result in the selection of the first policy over the second one.
	www.ku.edu /~utile/publications/Procedural_Justice_in_Young's.html (2583 words)

	Procedural Justice Research (Site not responding. Last check: 2007-10-26)
		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).
		Perceptions of justice were assessed using scenarios varying the consistency of treatment, appropriateness of questions, and outcome of a resident assistant selection procedure.
	faculty.plattsburgh.edu /william.gaeddert/pjres.htm (330 words)

	HEALTH BENEFIT SATISFACTION IN THE PUBLIC AND PRIVATE SECTORS: THE ROLE OF DISTRIBUTIVE AND PROCEDURAL JUSTICE ... (Site not responding. Last check: 2007-10-26)
		Distributive and Procedural Justice Justice researchers have identified two primary forms of fairness that are relevant to predicting benefit satisfaction.
		Procedural justice refers to how organizations go about the decision process or the means used to determine resource allocation (Knovsky, 1992).
		Procedural fairness enhances the perceived fairness of negative outcomes and effects appear to be robust across numerous types of employees and organizations and using differing operational measures (see previous cites).
	mgv.mim.edu.my /Articles/00555/960211.Htm (2717 words)

	e-Prints Soton - Self-uncertainty and responsiveness to procedural justice
		De Cremer, David and Sedikides, Constantine (2005) Self-uncertainty and responsiveness to procedural justice.
		We propose that self-uncertainty moderates responsiveness to perceived variations (e.g., breaches or provisions) in procedural justice.
		Specifically, we tested the hypothesis that high (compared to low) self-uncertainty individuals are more responsive to variations in procedural justice, because they use procedural information to infer their organizational acceptance, respect, or social standing.
	eprints.soton.ac.uk /40223 (190 words)

	CCSR - The CCSR Bulletin
		According to Tyler, rather than focusing on outcomes, procedural justice focuses on the process in contacts with authority, such as police interactions, or pay and promotion decisions.
		People tend to view interactions as more procedurally fair if they are treated respectfully, given a chance to tell their side, and if they feel the authority is motivated by fairness and is acting in good faith.
		Testing procedural justice as a mediator, Tyler found that it leads to greater group identification, which directly impacts overall satisfaction with the interaction.
	www.stigmaresearch.org /publications/bulletin (462 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 second theory, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication.
		The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=508282 (708 words)

	Four types of justice
		Distributive justice, also known as economic justice, is about fairness in what people receive, from goods to attention.
		The principle of fairness is also found in the idea of fair play (as opposed to the fair share of distributive justice).
		If you are the wrong-doer and others are seeking justice against you, seek first to ensure distributive justice.
	changingminds.org /explanations/trust/four_justice.htm (374 words)

	Record Keeping Through Procedural Justice Decreases Employee Related Lawsuits/ Kefgen / March 1997
		Procedural justice is the process of effective and accurate record keeping, focusing on the fairness of the practices used in making human resource decisions.
		Our experience with hotel industry clients shows that procedural justice drastically reduces the occurrence of unjust terminations, accident reports and sexual harassment cases.
		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.
	www.hotel-online.com /Neo/Trends/HVS/Kefgen/Procedural_Justice.html (578 words)

	Issues of Democracy, July 2001, Criminal Justice in the U.S.
		In their book entitled, Justice, Liability and Blame: Community Views and the Criminal Law, Paul Robinson and John Darley explain that personal morality involves the degree to which people think that the law accords with their own feelings about what is right and wrong.
		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.
		Since the ability of a fair procedure to facilitate acceptance of decisions has been noted, it is encouraging that people seem to agree widely about what makes a procedure fair.
	usinfo.state.gov /journals/itdhr/0701/ijde/tyler.htm (2357 words)

	The Importance of Procedural and Distributive Justice
		The choice of equity in combinations with fair procedural rules is an approach which both comply with the goal of maximising shareholder value and the goal of smoothing the cultural integration process.
		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.
		This study examined the effect of workplace justice afforded by the grievance system on citizenship behavior and turnover intentions and the mechanisms that underpin these relationships in a union context.
	www.aom.pace.edu /aom/htmlprogram/prog0145.html (521 words)

	justice, principle of - Privacy / Data Protection Project (c)2002-2005
		Commonly described as fairness, but more closely aligned to the concept of "desert" -- pronounced like, but not to be confused with, the ice-cream sense of "dessert." One has acted justly toward a person when one gives that person what is due or owed, and therefor what is deserved.
		Common to all definitions of justice is the minimal principle that relevantly similar cases (persons) are to be treated alike.
		Some of the most intractable questions about justice arise over how to specify and prioritize among the relevant characteristics by which people are to be considered equal or unequal.
	privacy.med.miami.edu /glossary/xd_justice.htm (232 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).
		Earlier, he had said of pure procedural justice that "the outcome is just whatever it happens to be, at least so long as it is within a certain range" (TJ, 85; italics added).
		This is impure procedural justice (Rawls does not use this term, but it is suggested by his use of "pure").
	www.analphilosopher.com /posts/1071970841.shtml (570 words)

	IngentaConnect Do Procedural Justice Perceptions in a Selection Testing Context ...
		This study examines the effects of procedural justice perceptions on outcomes in an actual selection context with applicants taking a general mental ability test to gain employment as utility meter readers.
		Procedural justice perceptions modestly predicted organizational attractiveness and intention prior to pass-fail feedback.
		However, the procedural justice effects on these outcomes were diminished after controlling for the pass-fail result.
	www.ingentaconnect.com /content/bell/jasp/2004/00000034/00000001/art00006 (222 words)

	Punishment
		Professed goals of punishment, norms constraining the use of power in the pursuit of these goals, the aspiration for justice in punishment -- all these, if Foucault is right, turn out to mask other (not necessarily conscious) intentions among reformers that belie the ostensible rationality (not to say rationalization) of their aims since the Enlightenment.
		Thus, the movement against capital punishment in the late eighteenth century is not to be explained (or, presumably, justified) by the influence of conscious, rational utilitarian calculations of the sort that Beccaria and Bentham argued had persuaded them to oppose the death penalty (Bedau 1983, Maestro 1973).
		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.
	plato.stanford.edu /entries/punishment (7238 words)

	ISJR - International Social Justice Research (Site not responding. Last check: 2007-10-26)
		His work focuses on the question of why people claim procedural justice and resent its violations, and on individual differences in these tendencies.
		Jan-Willem van Prooijen has demonstrated that it is the salience of the concept of status that impacts procedural justice evaluations, rather than status per se.
		When status is made salient, observers respond more strongly to the justice features of the procedure (e.g., voice, no voice) and consequently differ more strongly in their procedural justice evaluations according to the procedural justice characteristics.
	www.justice-research.org /index.html (362 words)

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