Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives

Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
List of Contributors
Acknowledgements
Introduction: Procedural justice in law, psychology, and philosophy
	0.1 Introduction
	0.2 Key concepts for understanding procedural justice
	0.3 Chapter overview
	Notes
	References
Part I Procedural justice in policing, courts, and prisons: Empirical reviews
	Chapter 1 The empirical study of procedural justice policing in Australia: Highlights and challenges
		1.1 Introduction
		1.2 What is procedural justice policing?
		1.3 Why should procedural justice be of concern to police?
		1.4 How is procedural justice policing typically measured in empirical research?
		1.5 Procedural justice policing research in Australia: findings and highlights
		1.6 Reflections on the challenges of doing empirically based procedural justice research and directions for future research
		1.7 Conclusion
		Appendix
		Notes
		References
	Chapter 2 Procedural fairness and jury satisfaction: An analysis of relational dimensions
		2.1 Introduction
		2.2 Procedural justice through the physical environment
		2.3 Procedural justice through the management of evidence and jury directions
		2.4 Procedural justice through increased jury participation
		2.5 The legitimacy of the jury
		2.6 Conclusion
		References
	Chapter 3 Procedural justice in corrections
		3.1 Introduction
		3.2 Two key issues in the prison environment: prisoner well-being and compliance
		3.3 What is procedural justice and what might it look like in prison?
		3.4 Empirical research on prisoner perceptions of procedural justice
		3.5 Limitations of the current research and future directions
		3.6 Conclusion
		Notes
		References
Part II Procedural justice and legitimacy: Empirical and normative perspectives
	Chapter 4 Procedural justice, legitimacy, and social contexts
		4.1 Introduction
		4.2 Procedural justice and legitimacy
		4.3 Social and situational contexts
		4.4 Concluding discussion
		Notes
		References
	Chapter 5 Procedure–content interaction in attitudes to law and in the value of the rule of law: An empirical and philosophical collaboration
		5.1 Introduction
		5.2 An empirical perspective on law-related attitudes: legitimation, legitimacy, and legal compliance
		5.3 A philosophical perspective: procedure–content interaction in the value of the rule of law
		5.4 Conclusion
		Notes
		References
	Chapter 6 Legal legitimacy and the relevance of participatory procedures
		6.1 Introduction
		6.2 Participation and legitimacy: the empirical evidence
		6.3 Procedural theories of democracy and law
		6.4 The opportunity to be heard in one’s own defence and legitimacy
		6.5 Objections and policy implications
		Notes
		References
Part III The concept of procedural justice: Philosophical perspectives
	Chapter 7 The inadequacy of instrumentalist theories of procedural justice
		7.1 Introduction
		7.2 Instrumentalism introduced
		7.3 Economic theories of procedural justice
		7.4 Outcome-based theories of procedural justice
		7.5 Tolerating outcome error: Galligan, Dworkin, and Rawls
		7.6 Rejecting instrumentalism
		7.7 Conclusion
		Notes
		References
	Chapter 8 The many facets of procedural justice in legal proceedings
		8.1 Introduction
		8.2 The instrumental value of due process
		8.3 The inherent value of due process: the ‘interactive interpretation’
		8.4 Conclusion
		Notes
		References
	Chapter 9 Procedural justice, relational equality, and self-respect
		9.1 Introduction
		9.2 Relational equality and procedural justice
		9.3 Ceva’s ‘interactive’ theory of procedural justice
		9.4 Respect, self-respect, and procedural justice
		9.5 Conclusion
		Notes
		References
Part IV Implications and applications: Legal institutions and the exercise of legal authority
	Chapter 10 Racial profiling as pejorative discrimination1
		10.1 Introduction
		10.2 Consequentialist arguments and procedural justice
		10.3 Eidelson’s argument: profiling and disrespect
		10.4 Profiling and generics
		10.5 Conclusion
		Notes
		References
	Chapter 11 Administrative discretion and governing relationships: Situating procedural fairness
		11.1 Introduction
		11.2 The demands of governing relationships framed by the authority of law: situating the importance of procedure
		11.3 Procedural fairness: mapping the territory
		11.4 Administrative discretion: mapping the territory
		11.5 The interplay of procedural fairness and administrative discretion: promoting the relational conditions for authority
		11.6 Promoting relational approaches to administrative law
		11.7 Conclusion: the promise for practice
		Notes
		References
	Chapter 12 The framing of tribunal procedures: A question of balance or a participation-centred approach?
		12.1 Introduction
		12.2 Common features of Australian tribunal procedures
		12.3 The role of tribunals in supporting participation
		12.4 Competing values and approaches
		12.5 Conclusion
		Notes
		References
Index