Selection procedure and responses to affirmative action

Although it has been recognized that a large number of issues linked to the social policy of affirmative action are of a social psychological nature, research investigating such issues has not considered the social psychological importance of implementation procedures. Social policy analysts have differentiated implementation procedures on the degree to which they include relevant achievement criteria. In the present research this differentiation is couched within the theoretical framework of procedural justice and is utilized to critique the work of Austin et al. (1977). These researchers investigated the responses of individuals favorably treated in an affirmative action like situation and conclude that affirmative action is evaluated as absolutely unfair by these individuals. Based on the critique, a 2 (qualifications)×2 (history of discrimination)×2 (procedure) role play experiment was conducted. The results of the experiment unambiguously support the hypothesis that implementation procedure will greatly affect a variety of individual responses such as general affect, evaluations of procedural fairness, evaluations of outcome fairness, and evaluations of a relevant subunit of the involved institution.This article is based in part on a dissertation submitted to the Department of Psychology at the University of North Carolina in partial fulfillment of the requirements for the Ph.D. Special thanks are extended to the members of the dissertation committee, Drs. John Thibaut (Chair), David Eckerman, Chester A. Insko, Lynn Kahle, and John Schopler.     

Independent Self-Construal and Opposition to Affirmative Action: The Role of Microjustice and Macrojustice Preferences

Why are people with a stronger independent self-construal more opposed to affirmative action than those with a weaker independent self-construal? Drawing on prior research, we predicted that this is because the former endorse microjustice principles—which are perceived to be violated by affirmative action—and disregard macrojustice principles—which affirmative action seeks to ensure. In contrast, people with a weak independent self-construal endorse both microjustice and macrojustice. The results from three studies support our reasoning. Our research contributes to theorizing on affirmative action by illuminating the important role of both microjustice and macrojustice concerns in predicting opposition to affirmative action. We discuss the implications of our research within the North American context for increasing people’s endorsement of macrojustice in an effort to mitigate opposition to social policies aimed at redressing societal injustice.     

Message effects on the perceptions of the fairness of gender-based affirmative action: A cognitive response theory-based analysis

The controversy surrounding the implementation of affirmative action interventions in organizations underscores the importance of understanding fairness perceptions of such policies. There is a need for research on the variables which influence evaluations of affirmative action policies and on whether the content of organizational communications can alter these evaluations. The present study was designed to investigate the effects of proaffirmative action and antiaffirmative action communications on fairness evaluations. Cognitive response theory was used as a framework for predicting reactions to pro- and antipreferential treatment messages and subsequent fairness perceptions. While the results indicated that cognitive responses added to the prediction of fairness judgments, initial attitude, and message content also had strong effects on the fairness judgments.     

Multiculturalism and the Willingness of Citizens to Defer to Law and to Legal Authorities

A key problem in trying to manage diverse societies is finding social policies that will be acceptable to all individuals and groups. Studies suggest that this problem may not be as intractable as is often believed, since people's acceptance of policies is shaped to an important degree by the fairness of the procedures used by authorities to make policy. When policies are fairly made, they gain widespread support, even among those who may feel that the consequences of the policy for them or their group are undesirable or even unfair. These findings support an optimistic view of the ability of authorities to manage diverse societies. On the other hand, research suggests that the ability of procedural justice to bridge differences among individuals and groups may not be equally strong under all conditions. People's willingness to accept policies is more influenced by procedural justice judgments when they identify with the society that the authorities represent and view them as representing a group of which they are members. They are less influenced by procedural justice judgments when they identify more strongly with subgroups than with society and/or view the authorities as representatives of a group to which they do not belong.     

Prior Experiences as Temporal Frames of Reference in Social Justice: The Influence of Previous Fairness Experiences on Reactions to New and Old Supervisors

This paper focuses on the psychology of social change and social justice. Specifically, we focus on subordinates’ reactions to new and old supervisors, and we argue that in evaluating these different types of supervisors, subordinates may rely on prior fair or unfair experiences as temporal frames of reference. We further propose that a result of these frames of reference may be that previous fairness experiences have a bigger impact on subordinates’ reactions to subsequent neutral communications when an old rather than when a new supervisor is the source of that communication. Findings of two empirical studies indeed show that subordinates who had had fair experiences with a particular supervisor reacted more positively toward subsequent neutral messages when the communication was coming from the old supervisor rather than from the new supervisor. Subordinates who had had unfair experiences, however, reacted more negatively toward the communication when the source was the old rather than the new supervisor. Some evidence was also found for contrast effects such that people who react to a new supervisor may react more positively with the neutral demand from this authority figure when they have earlier experienced unfair as opposed to fair treatment by a different supervisory agent. These findings were obtained on subordinates’ satisfaction with the supervisors’ communication and their acceptance of the supervisor. Finally, we discuss the implications for the psychology of social change and social justice.     

Sources of Stigma: Analyzing the Psychology of Affirmative Action

Numerous speculations exist about the psychological implications of affirmative action. One of the notions most prevalent among policy analysts is that affirmative action is stigmatizing and consequently is psychologically harmful to beneficiaries. In this article, the policy-analytic vision which leads to this conclusion is shown to have strong parallels with a particular interpretation of the formal social psychological framework known as Equity Theory. Flaws in both the policy analytic and the equity theory visions are highlighted through a reconceptualization of the policy in terms of the theory of Procedural Justice. The general argument is that psychological reactions to affirmative action are linked to the actual structure and perceived fairness of the procedures used to implement the policy. A review of the psychological research on the outcomes of affirmative action based on equity theory and procedural justice shows that psychological responses to the policy depend on the nature of policy-procedures. Since affirmative action procedures do vary and also seem to have legal bearing, it is argued that in order to develop an understanding of the psychology of the policy that is both valid, and relevant to policy design, a procedural justice conceptualization is necessary.     

A quota jury: affirmative action in jury selection

It is not too naive to believe that the use of affirmative action policies in the jury selection for the Rodney King beating trial of White police officers would have prevented the uprisings that followed their acquittal. The public outrage and riots that followed the verdict demonstrated the need for affirmative inclusion of racial minorities on jury trials to preserve and restore the public’s confidence and legitimacy of verdicts in racially motivated cases. While racially mixed juries offer many benefits, current jury selection procedures fail to provide much protection to members of racial minorities in criminal trials. From the source list to the discriminatory use of peremptory challenges, the current selection procedures provide almost no protection to racial minorities. The issue of preferential treatments of racial minorities in education, employment, and business has divided the nation and even some minority communities themselves. Affirmative action in jury proceedings and trials, however, has yet to receive much deserved attention and critical scrutiny. This article empirically examines public perceptions of possible applications of affirmative action mechanisms in criminal jury proceedings, focusing on the uses of mandatory racial quotas to engineer racially integrated juries in criminal trials. Three different types of racially mixed juries—the jury “de medietate linguae,” the Hennepin jury model, and the social science model—are examined, and the public’s perceptions of affirmative mechanisms ensuring minority participation on juries are analyzed. This article argues that the affirmative mechanism to secure racially mixed juries is essential to both the appearance and substance of fairness in criminal jury proceedings, and both the Hennepin model and the social science model are overwhelmingly supported as the ideal types of affirmative jury structures in creating racially heterogeneous juries.     

Reactions to Affirmative Action: Group Membership and Social Justice

A program designed for either women, visible minorities, or disabled persons was rated by 264 women and men respondents. An analysis of variance revealed that reactions to affirmative action varied according to the sex of the respondent and the group targeted by the policy. Further analyses were conducted to examine the effects of two social justice concerns on support for affirmative action, that is, scope of justice (extending fair treatment onto others) and perceived threat on behalf of nondesignated groups. According to findings, the link between social justice concerns and reactions to the policy was affected by the group targeted by affirmative action. Furthermore, both social justice concerns were not equally important predictors of attitudes toward affirmative action for women and men respondents.     

Toward a psychological ecology of affirmative action

Research-based knowledge of the effects of affirmative action has been little help to policy makers. That is the case because there has been no means through which to organize into a policy-relevant whole the findings that have come from a variety of disciplinary sources. A heuristic schematic of the psychological ecology of affirmative action is proposed as a step toward developing a conceptual framework that can reduce this problem. A psychological ecology of affirmative action consists of the mutual relations between policy interest groups and the procedures used to implement these policies. A critical point that the ecological framework leads to is that the nature of affirmative action procedures has a major influence on the material and subjective links between interest groups. Given that claim, the schematic is used to categorize, review, and critique the multidisciplinary research on affirmative action. From that overview, a set of general guidelines for the design of effective affirmative action programs is proposed. Finally, a call is made for a shift in the unit of policy analysis from a focus on group justice to relational justice.     

Comparative criminology in the era of neoliberal globalization

Public trust has become a critical issue in transitional societies, such as China and Taiwan, where the legitimacy and accountability of the government in general, and legal authorities in particular, have been frequently scrutinized. Based on nationwide random samples, this study tests the explanatory power of three theories, the social structural thesis, the institutional performance thesis, and the cultural thesis, in accounting for public trust in police in China and Taiwan. Results show that Chinese citizens have higher levels of trust in police than do Taiwanese. The higher level of Chinese trust, to a large extent, derives from greater confidence in macroeconomic conditions and satisfaction with government responsiveness. The performance thesis, thus, receives the strongest support. Results also show some support for the cultural perspective that traditional values, such as interpersonal trust, promote trust in police in both societies. Policy implications are provided for enhancing police legitimacy and facilitating police reform in China and Taiwan.     

The Role of Procedural Justice and Legitimacy in Shaping Public Support for Policing

This study explores two issues about police legitimacy. The first issue is the relative importance of police legitimacy in shaping public support of the police and policing activities, compared to the importance of instrumental judgments about (1) the risk that people will be caught and sanctioned for wrongdoing, (2) the performance of the police in fighting crime, and/or (3) the fairness of the distribution of police services. Three aspects of public support for the police are examined: public compliance with the law, public cooperation with the police, and public willingness to support policies that empower the police. The second issue is which judgments about police activity determine people's views about the legitimacy of the police. This study compares the influence of people's judgments about the procedural justice of the manner in which the police exercise their authority to the influence of three instrumental judgments: risk, performance, and distributive fairness. Findings of two surveys of New Yorkers show that, first, legitimacy has a strong influence on the public's reactions to the police, and second, the key antecedent of legitimacy is the fairness of the procedures used by the police. This model applies to both white and minority group residents.     

Women's views on affirmative action: A new look at preferential treatment

The first part of this paper sketches a profile of women who endorse affirmative action, showing that women who approve of affirmative action identify with a nontraditional image of women and experience discontent when perceiving discrimination on the basis of sex. We also examine the impact of the implementing procedure. Studies conducted with French-Canadian women show that those who fit the above profile readily endorse equal opportunity policies. What about policies that advocate preferential treatment? Early studies indicated that women did not endorse these policies. Recent studies, however, revealed a dramatic change in the pattern of responses. Women who were dissatisfied with their collective situation and identified with a nontraditional image of their group predominantly approved of preferential treatment. What factors triggered this change in attitudes? Are the merit principle and preferential treatment policies truly incompatible? We address these questions in the second part of this paper as well as the implications of this shift in attitudes.     

Institutionalization, Sustainability, and Repeatability of ADVANCE for Institutional Transformation

Principal investigators sow the seeds for successful institutionalization and sustainability of their ADVANCE grants when they make the decision to submit the grant and plan the goals, objectives, and activities underpinning the particular aspects of institutional transformation that their university will pursue within a general framework to advance faculty women to senior and leadership positions. Receiving the National Science Foundation (NSF) funding in a very competitive, peer-reviewed program and the relatively large size of the NSF grants carry considerable prestige. It is the institutional investment in terms of both human and capital resources and commitment on the parts of administrators and faculty to establish, change, and implement policies and practices to support ADVANCE that leverages the NSF support and assures long-term impact of the initiative.     

Justifying violence: legitimacy,ideology and public support for police use of force

Under what conditions do people support police use of force? In this paper we assess some of the empirical links between police legitimacy, political ideology (right-wing authoritarianism and social dominance orientation), and support for ‘reasonable’ use of force (e.g. an officer striking a citizen in self-defence) and ‘excessive’ use of force (e.g. an officer using violence to arrest an unarmed person who is not offering violent resistance). Analysing data from an online survey with US participants (n?=?186) we find that legitimacy is a positive predictor of reasonable but not excessive police use of force, and that political ideology predicts support for excessive but not reasonable use of force. We conclude with the idea that legitimacy places normative constraints around police power. On the one hand, legitimacy is associated with increased support for the use of force, but only when violence is bounded within certain acceptable limits. On the other hand, excessive use of force seems to require an extra-legal justification that is – at least in our analysis – partly ideological. Our findings open up a new direction of research in what is currently a rather sparse psychological literature on the ability of legitimacy to ‘tame’ coercive power.     

继承的共同正犯研究

继承的共同正犯,是指对某一个犯罪,先行行为者着手实行后,在行为尚未全部实行终了阶段,他人(后行行为者)与先行者之间产生了共同实施犯罪的意思,此后共同实施犯罪的实行行为的情形。是否应当承认继承的共同正犯概念,后行者是否应当对先行者行为所造成的结果承担责任,对此,刑法理论界存在着肯定说、否定说与限定的肯定说等多种观点。应当认为继承的共同正犯概念有其存在的合理性,而限定的肯定说则更有利于准确界定各行为人的刑事责任。     

Procedural Justice in Resolving Family Conflict: Implications for Youth Violence Prevention

The fairness of our legal system is often judged by individuals and the public at large along dimensions of procedural and distributive justice. People seem to care about how legal decisions are made as well as about the specific outcomes reached by juries and judges. In fact, perceptions of procedural and distributive justice or injustice may influence public perceptions and confidence in the legitimacy of our legal system. This paper focuses mainly on procedural justice. Using an ecological framework, we tested the hypothesis that older adolescents use the same or similar criteria for evaluating fairness in the context of family decision making that people in general use to evaluate the fairness of legal processes and decisions. We also tested the hypothesis that family decision-making procedures that are perceived to be unfair contribute to increased risk for acting out and deviant behavior among older adolescents. Principal components analysis confirmed that older adolescents use several distinct criteria for evaluating procedural fairness in the family context and that these criteria are comparable to those that people use to evaluate the fairness of legal procedures (rational and objective treatment conveying personal respect, consistent and non-discriminatory treatment reflecting social status or standing, and instrumental participation or having "an opportunity to be heard"). Hierarchical multiple regression analysis confirmed that procedural justice factors are associated with adolescent deviant behavior. We discuss implications for adolescent deviance and youth violence prevention.     

The Market for Scientific Crime Prevention: A Comparative Study of Canada and Venezuela

Crime prevention is an activity that, sooner or later, requires the concourse of science. But the dictates of science may not mesh well with the social, institutional and political considerations that are persistent and powerful determinants of collective action. To the extent that they are ignored, crime prevention is less scientific and more pragmatic. Using a marketing metaphor, this paper examines selected aspects of the supply of and demand for scientific crime prevention in Canada and Venezuela from 1949 to the present. In both countries, academic entrepreneurs are revealed to be a necessary factor in the sale of crime prevention to government. On the demand side, governments adopt and adapt crime prevention policies in relation to their broader perspective on social problems and social change. However, rising crime rates and climates of urgency reduce the attractiveness of crime prevention. Scientific crime prevention is easier to sell when crime rates are stable or declining.     

Murder in the shadows: evidence for an institutional legitimacy theory of crime

The focus on the institutional control of violent crime has increased over the past few decades, stimulated largely by Messner and Rosenfeld’s “institutional anomie theory.” A related theory, referred to as “institutional legitimacy theory” in this study, has received considerably less attention. This theory, originating in the social control theoretical tradition, is tested in an analysis of homicide rates (circa 2012) across 108 nations. Overall, institutional legitimacy theory receives support as economic, political, familial, and religious institutional legitimacy assist in reducing homicide rates across societies. Most notably, homicide is positively associated with the size of the shadow economy (the measure of waning economic institutional legitimacy), consistent with the hypothesis that parties lacking institutional redress are more likely to use unilateral violence to resolve grievances.     

In Search of Legitimacy: Toward An Empirical Analysis

Legitimacy is a much used concept in the social sciences. However, the absence of precise operational meaning has prompted questions about its utility as an explanation of compliance with social norms. Most recently, Alan Hyde has argued that legitimacy cannot be disentangled from other explanations of compliance such as coercion and self-interest and should, therefore, be abandoned. However, institutional, attitudinal, and behavioral dimensions of legitimacy can be operationalized. As part of our research on small claims courts we examined variations in institutional processes and legitimacy, gathered data on levels of voluntary compliance, and questioned defendants about their reasons for paying claims against them. We conclude that institutional legitimacy is related to voluntary compliance, and that the "language of obligation" is an important part of normal discourse. Operational meanings for legitimacy are available and empirical research about legitimacy should be a prominent part of the social science research agenda.     

税收调控的合法化与私权的保护

税收调控在中国社会经济生活中发挥重大作用的同时,也带来了一些问题。税收调控不仅要考虑宏观调控的目的,也要注重对私权的保护。这是宪政的要求,也是法治国的体现。中国目前税收调控的失范状态,不仅导致了税收调控脱离了合法性,而且屡屡造成对私权的侵犯乃至践踏。因此,税收调控必须依法进行,走合法化道路,包括税收调控权力来源的合法化,依据的合法化以及程序的合法化等。