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Title Procedural justice and relational theory : empirical, philosophical, and legal perspectives / edited by Denise Meyerson, Catriona Mackenzie, and Therese MacDermott
Published London : Routledge, 2020

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Description 1 online resource : illustrations (black and white)
Series Routledge Research in Legal Philosophy Ser
Routledge Research in Legal Philosophy Ser
Contents 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
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
Summary 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
Bibliography 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
Subject Law.
Law.
Law -- Civil Procedure.
Law -- Criminal Procedure.
Law
Form Electronic book
Author Meyerson, Denise, editor
Mackenzie, Catriona, editor
MacDermott, Therese, editor
ISBN 9781000207668
1000207668
9781000207705
1000207706
9781000207668
9781000207682
1000207684
9780429317248
0429317247