Retributive and Restorative Justice

The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however, lies the parties’ construal of their identity relation, specifically whether or not respondents perceive to share an identity with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on restoring a sense of justice after rule-breaking.     

Justice Sensitivity and Cooperation Dynamics in Repeated Public Good Games

It is frequently observed that despite individual incentives to free ride, humans decide to cooperate with each other to increase social payoffs. In the current research, we address the effects of individual differences in justice sensitivity on cooperation. Using incentivized repeated public good games, we find that individual differences in justice sensitivity—the ease of perceiving, remembering, and reacting to injustice from the perspectives of an observer, beneficiary, or perpetrator, but not victim—substantially predicts cooperation in the absence of a punishment option. In contrast, when costly punishment is allowed for, cooperation becomes strategic as it also aims at avoiding subsequent punishment. If such a sanctioning mechanism is in place, justice sensitivity no longer predicts cooperation. The results regarding the degree of cooperation as reaction to initial non-cooperation of one’s counterparts highlight the role of justice-concerning personality traits for the sufficient provision of public goods, as sanctioning institutions are not always possible, effective, or suitable.     

Justice Between Sites of Justice

Michael Blake argues that states are the primary sites of justice for persons and that the function of international justice is to ensure that states interact with each other in ways that preserve the capacity of each to realize justice for their own members. This paper will argue that justice among states requires more of states than that they preserve and maintain each other's capacity as primary sites of justice. Justice among states will require some justification, as well, of the claims of states over resources and territory within their borders. Such a justification, I suggest, must presume a global institutional order, and this will introduce the problem of coercion in the international domain. International coercion will have implications for Blake's understanding of international economic justice since it is premised on the claim that the domestic context is coercive in a way that the international arena is not.     

The Rise of Digital Justice: Courtroom Technology,Public Participation and Access to Justice

This article addresses a little discussed yet fundamentally important aspect of legal technological transformation: the rise of digital justice in the courtroom. Against the backdrop of the government's current programme of digital court modernisation in England and Wales, it examines the implications of advances in courtroom technology for fair and equitable public participation, and access to justice. The article contends that legal reforms have omitted any detailed consideration of the type and quality of citizen participation in newly digitised court processes which have fundamental implications for the legitimacy and substantive outcomes of court‐based processes; and for enhancing democratic procedure through improved access to justice. It is argued that although digital court tools and systems offer great promise for enhancing efficiency, participation and accessibility, they simultaneously have the potential to amplify the scope for injustice, and to attenuate central principles of the legal system, including somewhat paradoxically, access to justice.     

Building Houses on Rocks: The Role of the Ethical Infrastructure in Organizations

We present and discuss a theoretical model of an organization's ethical infrastructure, defined as the organizational elements that contribute to an organization's ethical effectiveness. We propose that the infrastructure is composed of both formal and informal elements—including communication, surveillance, and sanctioning systems—as well as organizational climates for ethics, respect, and justice. We discuss the nature of the relationship between these elements and ethical behavior, the relative strength of each of these elements, and their impact on each other. Theoretical and practical implications of this model are presented.     

Toward a systematic foundation for identifying evidence-based criminal justice sanctions and their relative effectiveness

Nationally, there have been increased calls for evidence-based criminal justice policy. Despite considerable progress toward that objective, there still is no systematic, comparative foundation for assessing the relative effectiveness of diverse sanctions in achieving any of a range of goals. In this article, the importance of evidence-based policy and the critical research gaps that must be filled were discussed, as well as the next steps that must be taken to place criminal justice sanctioning on a solid, evidence-based foundation. Concluding remarks focused on the implications of current research gaps and several strategies for addressing them.     

Civil Cases and Society: Process and Order in the Civil Justice System

It is not an exaggeration to say that we live in an era preoccupied with the problems and challenges of obtaining justice in civil cases. Concerns expressed about the civil justice system range from warnings that civil court dockets are clogged by disputants too litigious for their own good to complaints that the legal system is used too rarely in civil cases.
The authors approach their analysis with a sense that this subject area is in need of more and better theory. It is an unfortunate fact that discussions of civil justice—and suggestions for reform—have been marked by contradiction and confusion and have been engrossed with small matters that tend to obscure from view the system as a whole.
The first part of this essay focuses on what the civil justice system is and does. It presents a five-stage model of civil case processing and examines relationships between this model and the criminal justice system. The second part of the essay considers this model in a broader context. Here the authors examine two paradigms of civil case processing and their implications for the implementation of legal norms and the pursuit of justice in society.     

Justice and intergenerational relations: An introduction

Gerontologists have rarely considered the concept of social justice in their research. Instead, related but more specific questions about the social situation of the aged have been posed. This paper provides an overview of existing social psychological literature on justice and intergenerational relations as a context for the five other papers contained in this issue. The importance of intergenerational justice within the family, particularly when there is a caretaking relationship, is stressed. As well, the policy implications of a concern with intergenerational justice are considered. The Paper concludes with a recommendation that gerontology and social justice research be integrated more frequently in order to enrich both fields of study.     

A Longitudinal Exploration of the Effect of Official Processing and Sanctioning on the Academic and Criminal Careers of College Students

This study examines the effect of official processing and sanctioning on the academic and criminal careers of a sample of college students from a large university in a southeastern college town. Using a series of OLS and logistic regression models, the results indicated that offense frequency and severity are risk factors for dropping out/or being dismissed from college, whereas membership in a sorority or fraternity is a protective factor. Additional analyses demonstrated that the severity of punishment as well as the type of punishment (e.g., judicial affairs punishment, criminal justice system punishment) also had a significant effect on future offending. Study limitations and policy implications are also discussed.     

The (Limited) Space for Justice in Social Animals

While differentialists deny that non-linguistic animals can have a sense of justice, assimilationists credit some animals with such an advanced moral attitude. We approach this debate from a philosophical perspective. First, we outline the history of the notion of justice in philosophy and how various facets of that notion play a role in contemporary empirical investigations of justice among humans. On this basis, we develop a scheme for the elements of justice-relevant situations and for criteria of justice that should be fruitful in studying both humans and animals. Furthermore, we investigate the conceptual connections between a sense of justice, on the one hand, and various other mental powers, on the other, and indicate which of the latter may be beyond the ken of animals. Next, we consider recent empirical research on justice-related phenomena in animals. We argue for an intermediate position: While animals can at least in principle satisfy some preconditions of justice (intentional action, rule-following), others are problematic, notably possessing a notion of desert. A space for justice in social animals exists, yet it is rather limited compared to the rich cultures of justice in humans. Finally, we reflect on some actual or alleged implications of research on animal justice. As regards justice in humans, one should avoid a simplistic image of ??natural justice?? as boiling down to equal allocation of goods. As regards justice for animals, one should be weary of the contractualist assumption that only those capable of justice themselves are deserving of ??just?? treatment.     

司法的恢复性与社会的和谐化——恢复性司法理论国际研讨会综述

在我国建设和谐社会的宏大工程中,刑事司法是极其重要的一环,因而对发端于西方且正试行于我国实践中的恢复性司法模式展开研究,具有重要的理论价值和现实意义.会议围绕恢复性司法的理论基础、价值取向、实践模式、具体运作及其引入中国的可行性等五个主题,进行了广泛而深入的研讨,取得了丰硕的成果.     

Perceptual Biases, Graffiti and Fraternity Crime: Points of Deflection that Distort Social Justice

Although the official, law-enforcement policy in Bloomington, Indiana, categorized graffiti as vandalism, prominently displayed graffiti produced by Indiana University's student organizations escaped criminalization. This article documents the differential, criminal justice treatment of graffiti vandalism based on the group producing it thereby reaffirming the existence of a class-based system of justice. This article also uncovers a hidden bias inherent in Chambliss' “The Saints and the Roughnecks” by arguing that university students, whose graffiti do not receive negative sanctioning, represent Saints at the college level who exhibit criminal behavior. University-level lessons about how the crimes of the privileged go unprosecuted or become transformed into civil rather than criminal events could very well pave the way for further crimes after graduation rather than the “Saintly” adulthood implied by Chambliss. More research into the alternate system of justice used with regard to university students could shed light on both the problems and possibilities encountered when implementing alternate systems of social justice. This revised version was published online in July 2006 with corrections to the Cover Date.     

Restoring (dis)order: Sanctions,resolutions, and "social control" in anarchist communities

This essay explores the restorative implications of anarchist communities through an analysis of processes such as norm formation, sanctioning, conflict resolution, and economic exchange. The study explores ways in which anarchist communities employ various restorative measures to maintain group cohesion and achieve a modicum of social control through the application of natural phenomena such as diffuse power, fluid authority, community consensus and mutual aid. Drawing upon studies of communities manifesting anarchist tendencies--Aincluding utopian experiments, indigenous cultures, and the unique case of the Rainbow Family of Living Light--a picture begins to emerge wherein conceptions of property and the social dynamics that inhere within a community are inextricably linked, suggesting the propensity of anarchist communities to promote an organic synthesis of self, society, and nature. In the end, by exploring tenets associated with the nascent restorative justice paradigm, it is observed that anarchist communities manifest principles that challenge the dominant conceptions of criminality and legality, providing a framework for envisioning models of justice-in-practice that appear on the horizon of possibility and potentiality.     

Punishment,Accountability, and the New Juvenile Justice

The juvenile justice system has undergone radical change in the past three decades. The procedural revolution that began at the end of the 1960s with the Gault decision has more recently evolved into a substantive revolution. The changes in juvenile justice have been many and in some instances drastic, particularly in the apparent demise of the rehabilitative ideal. New theories or models have emerged, incorporating terminology such as punishment, justice, and accountability into the vocabulary of juvenile justice practitioners and the lexicon of state juvenile codes. The transformation in the philosophy and underlying goals of the system has been well-documented over the past decade or so. It is now time to ask critical questions about the significance and meaning of this transformation and to bring attention to unresolved issues. This article suggests the issues that need to be addressed in order to make both practical and philosophical sense out of the changes in the mission of “juvenile justice.”     

Examining the Interplay of Justice Perceptions,Motivation, and School Achievement among Secondary School Students

There is a paucity of empirical research on the social psychology of justice in educational settings. A few previous studies have predominantly focused on distributive and procedural justice concerns, and knowledge about the role of what have been called informational and interpersonal justice for school outcomes is very scarce. In the present study, data from 227 eighth- and ninth-grade students who participated in a survey study were analyzed to examine the interplay between relational justice concerns (decomposed into procedural, interpersonal, and informational justice), motivation to study, and school achievement. A comprehensive theoretically grounded multi-item measure of informational justice was developed and validated. The results showed that informational justice significantly predicts school grades, and that motivation to study fully mediates this effect. Neither procedural nor interpersonal justice was associated with school grades. The implications of these results for research and practice are discussed in detail.     

Corrective Justice as A Principle of Criminal Law: A Prolegomenon

This article argues that corrective justice is an adequate principle of criminalization. On my interpretation, corrective justice holds that, in order for an action to count as a crime, there needs to be a plausible normative story about an offender having violated the interests of a victim in a way that disturbs their relationship as equal persons and a subsequent story about responding to crime in a way that corrects this disturbance. More specifically, I claim that corrective justice is concerned with the protection of interests that persons have in owning private goods throughout standard interactions with other persons. The argument proceeds in three steps. First, I specify the subject-matter that principles of criminal law need to ground and provide an outline of the idea of corrective justice. Second, I show that corrective justice can account for the main cases of crime and the salient modes of criminal responsibility. I also argue that corrective justice can make sense of two prima facie recalcitrant types of cases (rape and inchoate offenses). Third, and finally, I address two objections to my corrective justice theory of criminal law. The first concerns the implications corrective justice has for locating criminal law along the private/public law divide. The second objection raises the putatively problematic consequences corrective justice has for understanding the separation between criminal and civil law.     

论一种作为公平的代际正义

在分析罗尔斯对代际正义证明的三种进路存在问题的基础上,通过对于人类存在的两个基本事实的确认和“同一时间入口”假设的区分,在正义环境要求获得满足的条件下,以最大最小原则可以证明代际正义在本质上仍然是一种作为公平的正义。     

Short‐Term Effects of Sanctioning Reform on Parole Officers' Revocation Decisions

Parole officials have traditionally been afforded considerable discretion when making sanctioning decisions to be able to tailor sanctions according to substantively rational concerns such as individuals' unique needs and situations. However, the application of substantive rationality in sanctioning can also generate unwanted disparities because sanctioning decisions may be based on extralegal factors that parole officials consider relevant. Concerns regarding disparate treatment of offender groups have prompted a number of states to consider adopting administrative violation response policies that emphasize formal rationality and uniformity by restricting parole officers' discretion and structuring sanctioning decisions according to legally relevant criteria. By emphasizing formal rationality in sanctioning, structured sanction policies present a dilemma for parole officers—uniformity versus individualized treatment. In 2005, the state of Ohio implemented an administrative violation response policy designed to reduce parole officers' reliance on revocation hearings and promote uniformity in sanctioning decisions. This study involved an examination of whether Ohio's shift to structured sanctioning coincided with differences in legal and extralegal effects on parole officers' decisions to pursue revocation hearings. Analyses of data collected before and after the implementation of the policy revealed a reduction in the number of revocation hearings officers pursued. Only modest increases in uniformity were observed, however, because there was little disparity resulting from officers' hearing decisions before the policy was put in place. These findings are discussed within perspectives on justice system actors' decision making.     

Interpersonal Aspects of Justice in Relationships Between Consumers and Service Providers: A Confirmatory Factor Analysis

There is a controversy in the justice literature as to whether interpersonal aspects of justice are best represented as one construct (interactional justice) or two (interpersonal justice and informational justice). Using confirmatory factor analysis, we tested competing models of these constructs on a sample of healthcare consumers (n = 1919) with respect to their justice judgments of primary care physicians. We found that the single factor model (interactional justice) represented a better fit to the data. Our results do not necessarily contradict those of prior studies that have found a better fit for a bi-dimensional model in organizational settings, however. Instead, we are suggesting a contingency approach: the results may be due in part to the halo effect, which may manifest itself where consumers are unfamiliar with the service provider and with the complexities of that person’s role.     

Wild Justice Redux: What We Know About Social Justice in Animals and Why It Matters

Social justice in animals is beginning to attract interest in a broad range of academic disciplines. Justice is an important area of study because it may help explain social dynamics among individuals living in tightly-knit groups, as well as social interactions among individuals who only occasionally meet. In this paper, we provide an overview of what is currently known about social justice in animals and offer an agenda for further research. We provide working definitions of key terms, outline some central research questions, and explore some of the challenges of studying social justice in animals, as well as the promise of the work we're proposing. Finally, we suggest why continued research into animal cognition and social behavior has significant ethical implications for our treatment of nonhuman animals.